MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
DIRECTORATE GENERAL OF FOREIGN
TRADE
PUBLIC
NOTICE NO. 03 (RE-2005) /2004-2009
In exercise of powers conferred under Paragraph 2.4 of
the Foreign Trade Policy 2004-2009, the Director General of Foreign Trade hereby
makes the following amendments in Handbook of Procedures (Vol.
I):
1.
After Sl.No.4 of the list of documents to be annexed to the application
for obtaining Importer Exporter Code Number under the heading “Guidelines for
applicants”, i.e. para 4.I of ‘Aayaat Niryaat Form’ the following is
added:
“5.
Two copies of passport size photographs of the applicant duly attested by
the Banker of the applicant”.
2.
Para (vi) of Appendix 26 is amended to read as under:-
“(vi) I/We
further certify that M/s..................………………………. has realised 95% or more of
the export proceeds in respect of exports made by him in the preceding three
licensing years [excluding the export made during last six months from the date
of filing of application] and 90% in the case of exports made in the current
licensing year on the basis of which recognition is being claimed. (applicable
for obtaining status certificate afresh)
I/We
further certify that M/s..................………………………. has realised 95% or more of
the export proceeds in respect of exports made by him in the preceding three
licensing years [excluding the export made during last 360 days from the date of
filing of application] and 90% in the case of exports made in the current
licensing year on the basis of which recognition is being claimed. (applicable
for renewal of status)
I/We
hereby certify that the total value of outstanding export proceeds beyond a
period of 360 days from the date of exports made by the applicant is
Rs.______________ (applicable in case of existing status holders for renewal of
status and for EPCG redemption).
I/We
hereby certify that the total value of outstanding export proceeds beyond a
period of 6 months from the date of exports made by the applicant is
Rs.______________ (applicable for obtaining status certificate afresh and for
EPCG redemption).”
3.
“2.13 The
licence/certificate/permission may be revalidated on merits by the licensing
authority concerned, which has issued the licence/ certificate/permission, for a
period of six months reckoned from the date of expiry of the validity
period.”
4.
“(d) EOUs
shall be eligible for wastage as applicable as per para 4A.2 of Handbook for sub-contracting and against
exchange.”
5.
After sub para 6.27.2(c), para no. of the sub para beginning with the
words “In addition”, is renumbered as sub para 6.27.3 which reads as
under:-
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“6.27.3 |
In addition to this, Personal Carriage by foreign
bound passenger on Document Against Acceptance (DA)/Cash On Delivery (COD)
basis is also allowed. The EOUs will have to furnish the following
documents as proof of exports:- (a) Copy of Shipping Bill; (b) Bank Certificate of Export and
Realisation.” |
6.
After
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“Consumption
Register |
9.7 |
The importer shall
maintain a register of items imported under a licence and its consumption.
The importer shall also maintain such a register of items imported without
a licence and its consumption provided such items are imported subject to
actual user condition. The register shall be
maintained in the form given in Appendix-23 except in respect of the
scheme wherein period for retention of the consumption register is
specifically mentioned, in all other cases, the register shall be
maintained upto 3 years period from the date of import.
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Export
Facilitation |
9.8 |
In order to resolve
exporters' problems in a co-ordinated manner, the field offices of the
Directorate General of Foreign Trade shall act as Export Facilitation
Centres. These offices shall
function as nodal agencies to attend to the problems and grievances of the
exporters, and also co-ordinate with different Departments to resolve
their trade and export related problems. In addition, Nodal
Officers have also been nominated in other Ministries/ Departments and a
list of such officers nominated to assist exporters is given in
Appendix-17. For resolving
problems relating to different departments, facilitation committees shall
be constituted in each department which shall be serviced by Directorate
General of Foreign Trade. |
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Standing Grievance
Committee |
9.9 |
The detail of the Grievance Redressal Mechanism is
given in para 2.49 of the Policy. In order to facilitate speedy redressal of genuine
grievances of trade and industry pertaining to the Policy and Procedure,
Grievance Committees have been constituted. These Grievance Committees are chaired by (i) the
Director General of Foreign Trade at the Headquarters and (ii) head(s) of
the concerned Regional Licensing Authority (s) in the respective licensing
offices. Grievance Committee will include representatives
of the Federation of Indian Export Organisations (FIEO), Export Promotion
Councils/ Commodity Boards, Development Authorities, and Government
Departments/ technical authorities as their members.
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9.9.1 |
The Chairman of the respective Grievance
Committee(s) may also co-opt any other member. The meetings of such
Committees shall be held on a monthly basis. |
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9.9.2 |
Every exporter/importer shall have a right to seek
and have an opportunity to make a representation to and be personally
heard, if he so desires, by the Grievance Committee. For this purpose, he
may send his request in writing seeking such personal
hearing. |
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9.9.3 |
A representation to the Grievance Committee may be
made in the form given in
Appendix-26.” |
7.
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“Date
of Shipment/ Dispatch in respect of Exports |
9.12 |
Date of
shipment/despatch for the purposes of exports will be reckoned as
under:- | ||
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Mode of
Transportation |
Date Of Shipment/
Dispatch | |
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(i) By Sea |
For bulk
cargo, the date of Bill of Lading or the date of me receipt, whichever is
later.
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a) |
For containerised cargo, the date of "Onboard Bill
of Lading", or "Received for Shipment Bill of Lading", where the L/C
provides for such Bill of Lading. For exports by containers from Inland
Container Depot (ICD), the date of Bill of Lading issued by shipping
agents at the time of loading of export goods in the ICD after customs
clearance. |
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b) |
For Lash
barges, the date of Bill of Lading evidencing loading of the export goods
on board |
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(ii) By Air |
The date
mentioned by the appropriate Officer of Customs on the Shipping Bill,
evidencing loading or handing over of goods to the air cargo complex,
which are not international airports, or by way of rotation of flight
number and date. | |
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(iii)By Post Parcel
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The date stamped on the
postal receipt. | |
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(iv) By Rail
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The date of RR (Railway
Receipt). | |
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(v) By Registered
Courier Service |
The date affixed on
Courier Receipt/ Waybill | |
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(vi) By Road
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The date on which the
goods crossed the Indian border as certified by the Land Customs
Authorities. | |
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However, wherever the
Policy provisions have been modified to the disadvantage of the exporters,
the same shall not be applicable to the consignments already handed over
to the Customs for examination and subsequent exports upto the date of the
Public Notice. Similarly, in such cases
where the goods are handed over to the customs authorities before the
expiry of the export obligation period but actual Exports take place after
expiry of the export obligation period, such exports shall be considered
within the export obligation period and taken towards fulfilment of export
obligation.” | |
This issues in Public interest.
( K.T. CHACKO )
DIRECTOR GENERAL OF FOREIGN TRADE
and
EX-OFFICIO ADDITIONAL SECRETARY TO THE GOVT. OF
(Issued from F.No. 01/94/180/Handbook/AM06/PC.I)