TO BE PUBLISHED
IN THE GAZETTE OF INDIA EXTRAORDINARY
(PART-I, SECTION-1)
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
DIRECTORATE GENERAL OF FOREIGN TRADE
PUBLIC
NOTICE NO. 03 (RE-2005) /2004-2009
NEW DELHI, DATED THE
20th
April, 2005
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. Para
2.13 is amended to read as under:
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. Para
6.21.1(d) is amended to read as under:-
(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
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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.
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6. After Para
9.6 following paras are added:-
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Consumption Register
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9.7
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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
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9.8
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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
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9.9
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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
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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
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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
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A
representation to the Grievance Committee may be made in the form given in
Appendix-26.
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7. Para
9.12 is amended to read as under:
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Date of Shipment/ Dispatch in respect of Exports
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9.12
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Date of shipment/despatch
for the purposes of exports will be reckoned as under:-
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Mode of Transportation
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Date Of Shipment/ Dispatch
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(i) By Sea
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For bulk cargo,
the date of Bill of Lading or the date of me receipt, whichever is
later.
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a)
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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)
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For Lash barges,
the date of Bill of Lading evidencing loading of the export goods on board
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(ii)
By Air
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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
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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.
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This issues in Public interest.
( K.T. CHACKO )
DIRECTOR GENERAL OF FOREIGN TRADE and
EX-OFFICIO ADDITIONAL SECRETARY TO THE GOVT. OF INDIA
(Issued from F.No.
01/94/180/Handbook/AM06/PC.I)