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Q 1. (a) The First & Second Export and Import Policies were announced in 1992 and Mar 1997 respectively. The Second policy is operating currently and applies for all Export & Imports. What are the objectives of Imports & Exports (Control) Act 1947 and Present Second Policy. Answer:INTRODUCTION: Trade policy governs exports from and imports into a country. It is one of the various policy instruments used by a country to attain her goals of economic develop-ment. This policy is thus, formulated keeping in view, the national priorities for economic development and the international commitments made by the country. It is essential that the entrepreneurs and the export managers understand the trade policy as it provides the vital inputs for the formulation of their business growth strategies. In India, the trade policy Le., export-import policy is formulated by the Ministry of Commerce, Government of India in terms of section 5 of the Foreign Trade (Development and Regulation) Act,1992Besides, the Government of India also announced on January 30,2002 a Medium Term Export strategy, to guide the formulation the Export-Import Policy: 2002 - 07 with the, objective of achieving a share of 1 % in world trade by the end of 2006 - 07 from the present I share of 0.6% (2000 - 01). The text of this strategy is given as Appendix VII at the end of the book. The present Export - Import Policy was announced on 31.3.2002 for a period of 5 years with effect from 1.4.2002 to 31.3.2007 co-terminus with Tenth Five Year Plan. It covers both the trade in merchandise and services. The present chapter explains legal framework affecting foreign trade of India particularly with reference to Export-Import Policy; 2002 - 2007. It also discusses the preferential trading arrangements affecting exports and imports of India. MEANING:The foreign trade of India is guided by the Export-Import (EXIM) Policy of the government of India arid is regulated by the Foreign Trade (Development and Regulation) Act, 1992. EXIM Policy contains various policy decisions taken by the government in the sphere of foreign trade, i.e., with respect to imports and exports from the country and more especially export promotion measures, policies and procedures related thereto. It is prepared and announced by the Central Government (Ministry of Commerce). India's EXIM policy, in general, aims at developing export potential, improving export performance, encouraging foreign trade and creating favourable balance of payments position. LEGAL FRAMEWORK FOR FOREIGN TRADE OF INDIA:In India, the legal framework for the regulation of foreign trade is mainly provided by the Foreign Trade (Development and Regulation) Act, 1992, Garments Export Entitlement Policy: 2000-2004, Export (Quality Control and Inspection) Act, 1963, Customs and Central Excise Duties Drawback Rules, 1995, Foreign Exchange Management Act, 1999 -and the Customs and Central Excise Regulations. The main objective of the Foreign Trade (Development and Regulation) Act is to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from India. This Act has replaced the earlier law namely, the imports and Exports (Control) Act1947. A comparison of the nomenclature of the two Acts makes it very dear that there is a shift in the focus of the law from control to development of foreign trade. This shift in the focus is the outcome of the emphasis on liberalisation and globalisation as a part of the process of economic reforms initiated in India since June 1991. The application of the provisions of the Foreign Trade (Development & Regulation) Act 1992 has been exempted for certain trade transactions vide Foreign Trade (Exemption from application of Rules in certain cases) Order 1993 GENERAL OBJECTIVES OF THE EXIM POLICY: 1

IIMM/DH/02/2006/8154, Export and Import Management

Government control import of non-essential items through an import policy. At the same time, all-out efforts are made to promote exports. Thus, there are two aspects of trade policy; the import policy which is concerned with regulation and management of imports and the export policy which is concerned with exports not only promotion but also regulation. The main objective of the Government policy is to promote exports to the maximum extent. Exports should be promoted in such a manner that the economy of the country is not affected by unregulated exports of items specially needed within the country. Export control is, therefore, exercised in respect of a limited number of items whose supply position demands that their exports should be regulated in the larger interests of the country. In other words, the policy Aims at (i) Promoting exports and augmenting foreign exchange earnings; and (ii) Regulating exports wherever it is necessary for the purposes of either avoiding competition among the Indian exporters or ensuring domestic availability of essential items of mass consumption at reasonable prices. The government of India announced sweeping changes in the trade policy during the year 1991. As a result, the new Export-Import policy came into force from April I, 1992. This was an important step towards the economic reforms of India. In order to bring stability and continuity, the policy was made for the duration of 5 years. In this policy import was liberalised and export promotion measures were strengthened. The steps were also taken to boost the domestic industrial production. The more aspects of the export-import policy (1992-97) include: introduction of the duty-free Export Promotion Capital Goods (EPCG) scheme, strengthening of the Advance Licensing System, waiving of the condition on export proceeds realisation, rationalisation of schemes related to Export Oriented Units and units in the Export Processing Zones. The thrust area of this policy was to liberalise imports and boost exports. The need for further liberalisation of imports and promotion of exports was felt and the Government of India announced the new Export-Import Policy (1997, 2002). This policy has further simplified the procedures and reduced the interface between exporters and the Director General of foreign Trade (DGFT) by reducing the number of documents required for export by half. Import has been further liberalised and efforts have been made to promote exports. The new EXIM Policy 1997-2002 aims at consolidating the gains made so far, restructuring the schemes to achieve further liberalisation and increased transparency in the changed trading environment. It focusses on the strengthening the domestic industrial growth and exports and enabling higher level of employment with due recognition of the key role played by the SSI sector. It recognises the fact that there is no substitute for growth, which creates jobs and generates income. Such trade activities also help in stimulating expansion and diversification of production in the country. The policy has focussed on the need to let exporters concentrate on the manufacturing and marketing of their products globally and operate in a hassle free environment. The effort has been made to simplify and streamline the procedure. The objectives will be achieved through the coordinated efforts of all the departments of the government in general and the ty1inistry of Commerce and the Directorate General of Foreign Trade and its network of Regional Offices in particular. Further it will be achieved with a shared vision and commitment and in the, best spirit of facilitation in the terest of export. in" OBJECTIVES OF THE EXIM POLICY 1997 -2002 The principal objectives of the EXIM Policy 1997 -2002 are as under:

IIMM/DH/02/2006/8154, Export and Import Management

a. To accelerate the economy from low level of economic activities to high level of economic activities by making it a globally oriented vibrant economy and to derive maximum benefits fro~ expanding global market opportunities. b. To stimulate sustained economic growth by providing access to essential raw materials, intermediates, components,' consumables and capital goods required for augmenting production. c. To enhance the technoloca1 strength and efficiency of Indian agriculture, industry and services, thereby, improving their competitiveness. d. To generate new employment. Opportunities and encourage the attainment of internationally accepted standards of quality. e. To provide quality consumer products at reasonable prices. HIGHLIGHTS OF THE EXIM POLICY 1997-2002 a. Period of the Policy April 1997 to.31st March 2002. b. Liberalisation All goods, except those coming under negative list, may be freely imported or exported. c. Imports Liberalisation remaining 392 items have been transferred to Open General Licence (OGL) List. d. Export Promotion Capital Goods (EPCG) Scheme agricultural and allied! Sectors e. Advance Licence Scheme f. Duty Entitlement Pass Book (DEPB) Scheme freely convertible currency. Such credit can be can be utilised for import of raw materials, intermediates, components, parts, packaging materials, etc. for export purpose. g. Special Import Licence (SIL) : 150 items from the restricted list have been transferred to SIL. SIL on exports from SSIs has been increased from 1 % to 2%. Export houses and all forms of trading houses are eligible for additional SIL of 1 % on exports of products from SSIs from North Eastern States. Additional SIL has been declared for exploration of new markets and for export of agro products. The SIL entitlement of exporters holding ISO 9000 certification has been? Increased from 2% to 5% of the FOB value of exports. h. Export Houses and Trading Houses :The criteria for recognition of export houses and all forms of trading houses has been modified. (AMOUNT IN RS. CRORES) FOR 2000-01 PERIOD FOB Criterion NFE Criterion 3

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Annual Average FOB valueFOBexport of export made during of value Annual Average FOB value FOBexport of export made during of value made during preceding 3 licensing preceding licensing years made during preceding 3 licensing years licensing years preceding

EH TH STH SSTH (i) Deemed Exports :- .

15 75 375 1125

2212 112 62 560 312 1680 937

18 90 450 1350

Deemed exports facilities have been extended to oil and gas sectors in addition to power sector. (j) Software: Software units can undertake exports using data communication links or through courier service. Import of computer systems has been brought under the purview of EPCG scheme. . (k) Computerisation of DGFT Offices : By 1998, most DGFT transactions will be on line so as reduce paper work and avoid delay in disposal of applications. l) SSI Units : 1 % on exports of products from SSls from North eastern States. (m) Agriculture Sector : trading houses. (DT1) on payment of duty. agriculture and allied sectors. IMPLICATIONS OF THE EXIM POLICY 1997 2002 . The major implications of the EXIM Policy 1997-2002 are : 4 ating the eligibility for export houses and all forms of

ff area

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(a) Globalisation of Indian Economy : -02 proposed to prepare a framework for globalisation of Indian economy. cy, which states . "To accelerate the economy from low level of economic activities to- high level of economic activities by making it a globally oriented vibrant economy and to derive maximum benefits from expanding global market opportunities." ndian economy has been exposed to more foreign competition. The regime of high protection is gradually' vanishing. quality, delivery schedules and after sales service. them to import machineries and raw materials from abroad on liberal terms. (a) Impact on the Indian Industry : -02, a series of reform measures have been introduced in order to give boost to India's industrial growth and generate employment opportunities in non-agricultural sector. will improve the quality and productivity of the Indian industry. ted list to OGL and SIL list would adversely affect the growth of, consumer goods industry in India, as most of .these items are consumer goods items. (b) Impact on Agriculture :- Many encouraging steps have been taken in order to give a boost to Indian agricultural sector. . houses. (DTA) on payment of duty. agriculture and allied sectors. (c) Impact on. Foreign Investment .:. participation in the case of 100% EOUs, and units set up in EPZs. l formalities, foreign companies may bee attracted to set up manufacturing units in India. (d) Impact on Quality Upgradation : entitlement of exporters holding ISO 9000 certification has been increased from 2% to 5% of the FOB value of exports. quality of their products. increase productivity of goods. 5

sectors can sell 50% of their output in the domestic tariff area

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(e)Impact on Self-reliance: -term objectives of the Indian planning is to become self reliant. This objective is well reflected in the EXIM Policy 1997-02. base. enefits given toexporters to deemed exporters. This would lead to import substitution. However, the globalisation policy of the government may harm the interests of SSls and cottage industries, as they may not be able to compete with MNCs.

Q 1. (b) Most of the Industries apply for Advance Licence explain the main ingredients of it. Answer:A new scheme of Annual Advance Licence (A.L.L.) has been notified in the Exim Policy (RE-99) 97-2002. The scheme has come into operation from 1.7.1999. The details of the scheme have already been notified under paragraph 7.4A of the Exim Policy and para 7.54 of the Handbook of Procedure (Vol. I) (Refer Public Notice No.10/97-2002 dated 7.6.99).

1. ELIGIBILITY The following categories of exporters are eligible for Annual Advance Licence (AAL).

i) Manufacturer exporter with export performance of Rs.1 crore in the preceding year and registered with Excise authorities except for products, which are not excisable for which no registration is required. ii) Export House, Trading House, Star Trading House and Super Star Trading Houses holding certificates as merchant exporter who are ready to furnish names of supporting manufacturers along with their registration certificates. A copy either of his own manufacturing registration or of his supporting manufacturer in support of his claim shall be required. In case of excisable product a copy of excise registration certificate of exporter/supporting manufacturer will be required. iii) The Head office/Registered office of a company can apply for AAL giving full address of the factory/supporting manufacturer where the inputs shall be used in the resultant products an AAL can also be filed to the licensing 6

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authority

under

whose

jurisdiction

the

manufacturing

unit

is

located.

2. ENTITLEMENT i) Eligible applicants are entitled for AAL upto 125% of the average FOB value of exports in the preceding three licensing years. ii) One AAL for one export product group shall be issued. iii) Each AAL shall have one Port of Registration for imports. Exports can take place from any port mentioned in para 7.19 of Handbook of Procedures. iv) The applicant is entitled to import any input covered under SIO Norms as given in Handbook of Procedures (Vol. I) in respect of export of any product in the product group for which the AAL shall be issued. In addition, he will be eligible to import packaging materials as per SIO norms/general policy for packaging materials given in Handbook of Procedures (Vol. I). v) The applicant can also procure the materials indigenously through ARO, for which he has to furnish quantity of material, relevant technical characteristics and value and irrevocable option in writing for using the specific indigenous inputs. Once the endorsement of using specific indigenous inputs is allowed against AAL, no amendment thereon shall be allowed. vi) Imports under Annual Advance Licence shall be exempted from basic customs duty including surcharge, additional customs duty, special additional duty, anti dumping duty and safeguard duty. Since the inputs are exempted from additional customs duty, the applicant is not entitled for the benefit under Rule 12(1)(b) or Rule 13(1)(b) of Central Excise Rules, 1944 in respect of exports made under Annual Advance Licence. vii) No exports shall be allowed under AAL unless the applicant mentions the specific AAL number and date in the shipping bill. viii) Exporters who have already availed the benefit of advance licensing for production programme scheme up to 30th June, 1999, shall be required to give the details of production programme licence obtained and their entitlement shall be reduced to that extent while issuing the Annual Advance Licence (AAL) for the remaining period. 3. APPLICABILITY OF DRAWBACK No drawback shall be allowed under Annual Advance Licence to exporter except for cases where the applicant for Annual Advance Licence wants to use indigenous inputs and give and irrevocable option in writing for using the specific indigenous inputs. The licensing authority shall make an endorsement in the licence stating that "the licence holder shall not import _________ (specify the indigenous inputs) under this Annual Advance Licence". To enable the applicant to claim drawback as per Drawback Rules no amendments to this endorsement shall be allowed after issuance of the licence. 4. EXPORT OBLIGATION The Annual Advance Licence is valid for 12 (twelve) months for imports and 18 (eighteen) months for exports from the date of issue. A specific endorsement shall be made by the licensing authority stating that "this licence shall be presented before the licensing authority for giving full account of the inputs in product exported as per Standard Input Output Norms before the expiry of 20 months from the date of issue of the licence. Before expiry of this period, the licence holder shall furnish proof of having fulfilled export obligation by submitting the documents as prescribed in paragraph 7.25 of the Handbook of Procedures (Vol. I). In case of bona fide default, the licence holder can apply for regularisation in terms of paragraph 7.28 of the Handbook of Procedures (Vol. I). 5. DOCUMENTS TO BE SUBMITTED : 7

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i) Application in the prescribed format with application fee as applicable. ii) Valid RCMC, IEC, Profile. iii) In case of Status Holder : self-attested copies of valid status certificate copies of registration certificates of manufacturing units where the exempt materials are to be used for export production in case of merchant status holder, complete details of supporting manufacturers and their registration certificates with consent letters should be submitted. iv) In case of manufacturer exporter : C.A. Certificate regarding average export turnover more than Rs.1 crore in the preceding three licensing years as per App.26 of Handbook of Procedures Registration Certificate with Central Excise v) In case of export of non-excisable product : a certificate from the excise authority to the effect that the product is non- excisable and that as such no excise registration is required. Registration Certificate of the manufacturing units (SSI registration /IEM etc.) concerned vi) A statement of export products proposed to be exported with a total fob covered under one product group and the total cif value of imports. (SUBRAT RATHO) ADDITIONAL EXPORT COMMISSIONER & Z.J.D.G.F.T. CONDITIONS TO BE INCORPORATED IN THE ANNUAL ADVANCE LICENCE NO.

---------------------------------------------------------------------------DT. FOR RS. ISSUED IN FAVOUR OF M/S. 1. This licence is issued in terms of para 7.4a of export and import policy and para 7.54 of handbook of procedures 1997-2002 as amended from time to time. 2. Licence shall be valid for 12 months for imports and 18 months for exports from the date of its issuance. 3. Exports and imports shall be subject to export import policy in force. 4. The exempted goods imported against this licence shall only be utilised in Accordance with the provisions of export import policy 1997-2002 and custom Notification no. 48/99 dt. 29.4.99 as amended from time to time. The licence and/or Material imported under this licence shall not be transferable even after completion Of export obligation. 5. The licencee shall maintain the nexus between imported inputs and the resultant Product as per sio norms. 6. The licence is subject to all general conditions as applicable and as laid down In the handbook of procedures, 19972002, vol.ii (standard input output norms book). 7. The licencee, at the time of imports, shall furnish the details of inputs, Including its specifications and relevant technical characteristics (such as Grades/denier/g.s.m/purity/marks and numbers/active ingredient contents e.t.c) to the Custom authorities for making entries in the deec (import) at the time of exports Technical characteristics shall be declared to establish nexus and entries will be Made accrodingly in the deec (export).

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8. The licencee shall maintain a true and proper account of consumption and Utilisation of goods imported against this licence. 9. The licencee is not entitled for the benefit under rule 12(1)b or rule 13(1)(b) Of central excise rules 1984 in respect of exports made under this licence. 10. The licence holder shall not be eligible for drawback against exports made Under this licence unless the input/inputs are procured indigenously. 11. The foreign exchange remittance and realisation against this licence will be Governed by the guidelines issued by the reserve bank of india from time to time. 12. The foreign exchange realisation obligation shall also be governed by the Provisions of the exim policy and handbook of procedures prevalent on the relevant date. 13. This licence shall be presented before the licensing authority for giving full Account of the inputs in product exported as per sion before expiry of twenty months From the date of issue of the licence. Simultaneously, the licence holder shall Furnish proof of having fulfilled the export obligation by submitting the documents as Prescribed in para 7.25 of handbook of procedures, vol. I. 14. If a licence holder fails to discharge the prescribed export obligation and Does not apply for regularisation of bona fide default within the permitted time, the Licensing authority shall initiate action against licence holder as per provisions of The foreign trade (development and regulation) act 1992 as amended from time to time. 15. Necessary bond/bg is to be executed with the customs authorities as per the relevant customs notification before first importation. 16. The licence holder is entitled to import any inputs covered under standard input output norms as given in vol. Ii in respect of the export product falling under the product group specified in the licence in addition, the licence holder can import packing material required for packing of the export product which shall be accounted for, as per sio norms. Where packing materials are not covered under sio norms, the same shall be accounted for as per general policy for packing materials in handbook of procedures, 1997-2002.

Q 2. (a) Enumerate the general conditions applicable for export obligation under Export Promotion of Capital goods scheme. (EPCGS) Answer:The following conditions shall apply to the fulfillment of the export obligation:

The export obligation shall be fulfilled by the export of goods manufactured or produced by the use of the capital goods imported under the scheme. The export obligation may also be fulfilled by the export of same goods, for which EPCG licence has been obtained, manufactured or produced in different manufacturing units of the licence holder/ specified supporting manufacturer(s)/ vendor(s). However, if exporter is processing further to add value on the goods so manufactured, the export obligation shall stand enhanced by 50%. The exports shall be direct exports in the name of the EPCG licence holder. However, the export through third party(s) is also allowed provided the name of the EPCG Licence holder is also indicated on the shipping bill. If a merchant exporter is the importer, the name of the supporting manufacturer shall also be indicated on the shipping bills. At the time of export, the EPCG licence No. and date shall be endorsed on the shipping bills which are proposed to be presented towards discharge of export obligation. 9

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Export proceeds shall be realised in freely convertible currency except for deemed exports under paragraph 6.5(iv). However, in case of exports against irrevocable letter of credit in free foreign exchange, realisation of export proceeds need not be insisted for fulfillment of export obligation. Exports shall be physical exports. However, deemed exports asspecified in paragraph 10.2 (a), (b), (d), (f), and (g) of Policy shall also be counted towards fulfillment of export obligation, but the EPCG licence holder shall not be entitled to claim any benefit under paragraph 10.3 of this Policy in respect of such deemed exports. The supplies made to the Oil and Gas sector may be counted towards discharge of export obligation against an EPCG licence provided the licence has been issued on or before 31.3.2000 and no benefit under paragraph 10.3 of the Policy has been claimed on such supplies. The export obligation under the scheme shall be, in addition to any other export obligation undertaken by the importer, except the export obligation for the same product as defined in paragraph 6.5(vi) below. The export obligation under the scheme, shall be, over and above, the average level of exports achieved by him in the preceding three licensing years for same and similar products. Wherever the average level of export was fixed taking into account the exports made to such countries as are notified by the DGFT from time to time for this purpose, the average level of exports shall be reduced by excluding exports made to these countries. This waiver shall be applicable to all EPCG licences which have not been redeemed/ regularised. However, exports made against any EPCG licence, except the EPCG licences, which have been redeemed, shall not be added up for calculating the average export performance for the purpose of the subsequent EPCG licence. If the exporter achieves an export of 75% of the annual value of the production of the relevant export product, the export obligation against the EPCG licence shall be subsumed under that export, provided the aggregate value of such exports during the specified period shall not be less than the aggregate value of the export obligation fixed under paragraph 6.2 of this Policy. Where the manufacturer exporter has obtained licences for the manufacture of the same export product both under EPCG and the Duty Exemption or Diamond Imprest Licence Scheme or made exports under DEPB/DFRC/ replenishment licences, the physical exports made under these Schemes shall also be counted towards the discharge of the export obligation under EPCG scheme. In case of export of computer software, agriculture, aquaculture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry and sericulture, the export obligation shall be determined in accordance with paragraph 6.2 of the Policy, but the licence holder shall not be required to maintain the average level of exports as specified in sub- paragraph (v) above The export obligation shall be fulfilled by the export of goods capable of being manufactured or produced by the use of the capital goods imported under the scheme. The import of capital goods for creating storage and distribution facilities for products manufactured or services rendered for export by the EPCG license holder would be permitted under the EPCG Scheme The export obligation under the scheme shall be, over and above, the average level of exports achieved by him in the preceding three licensing years for same and similar products within the overall export obligation period including extended period. Export obligation may also be fulfilled by exports of other good(s) manufactured or service(s) provided by the same firm/company or group company/ managed hotel which has the EPCG license. The incremental exports to be fulfilled by the license holder for fulfilling the remaining export obligation can include any combination of exports of the original product/ service and the substitute product (s)/ service (s). The export obligation under the scheme shall be, in addition to any other export obligation undertaken by the importer, except the export obligation for the same product under Advance License, DFRC, DEPB or Drawback scheme Exports shall be physical exports ,in the case of export of computer software, the export obligation shall be determined in accordance with policy but the conditions that exports shall be over and above the average level of exports in the preceding three licensing years shall not apply. 10

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Royalty payments received in freely convertible currency and foreign exchange received for R& D services shall also be counted for discharge under the EPCG scheme. Payments received against Counter Sales in free foreign exchange through banking channels as per the RBI guidelines shall be counted for fulfillment of export obligation.

Q 2. (b) India is attaining prominence for export of diamonds, gems & Jewellery with a major share in the world market, explain Diamond Imprest and Replenishment Licences. Answer:The Diamond Imprest licences are advance licences issued to facilitate the regular diamond exporters to import sufficient rough diamonds so that their production cycle does not get hampered. The rough diamonds can be imported from any source and the exporters have to fulfill the export obligation in accordance with the procedures laid down in the Handbook. An exporter can apply for Diamond Imprest Licence for the Import of rough diamonds : a) Equal to the best export performance of cut and polished diamonds in the licensing year during the preceding three licensing years, if he has a minimum of three years export performance, or b) Against valid export order in his own name, The Diamond Imprest licences are normally valid for a period of 12 months from the date of issue but if advance remittance to DTC London has been effected within the validity period of such licence and the import could not be effected within the validity period of the licence, then for the purpose of custom clearance, such Diamond Imprest licence shall stand automatically revalidated for a period of one month. The Diamond Imprest licence holders are allowed to pay commission or brokerage charges upto 1.5% of the CIF value of the import, provided there is a corresponding increase in the export obligation. In respect of Diamond Imprest licences issued against past export performance basis, subsequent application for the issuance of another licence can be made, if 75% of the export obligation fixed on the earlier licence has been fulfilled. The application for Diamond Imprest Licence should be made as below: 1) Applications against valid export contract. a) A covering letter stating all the enclosures. b) Bank receipt in duplicate/pay order/demand draft favouring the Regional Licensing Authorities evidencing the payment of licence fee. c) A statement of value of the licence required, based on the valid export contract. d) The application form as per Appendix 15-B of Handbook duly filled in and signed.

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e) A declaration regarding number of banks, through whom the export documents have been routed by the applicant, with a No realizations outstanding certificate from their bankers, stating that there are no realizations outstanding for more than six months from the date of exports, effected by the exporter through them. f) A copy of Importer Exporter code number certificate. g) A copy of Registration cum Membership certificate issued by the Gem and Jewellery Export Promotion Council. h) A copy of the Enrolment Number certificate. a. All pre and post shipment credit facilities given by the banks in terms of Dollars to diamonds importers / exporters operating under DDAS shall be designated in Dollars and be reflected as borrowings in their DDAS. Export realisation as well as dollar realisation from local sale of rough / polished diamonds shall be credited immediately to such dollar accounts on receipt of the same. b. DDAS eligible firms and companies may be allowed to open a Diamond Dollar Account with their bankers. A maximum of two Diamond Dollar Accounts would be allowed with two separate banks. c. The sources of dollars in Dollar Accounts shall be i. bank finance; ii. export proceeds from shipments of polished/rough diamonds; and iii. sale proceeds from local sales of polished / rough diamonds. d. An exporter / local seller of cut & polished diamonds operating under DDAS may apply for Replenishment licence to the Regional Licensing Authority (RLA) of DGFT in accordance with the para 8.2 of the Exim Policy and para 8.2 to 8.7 of Handbook (Vol.1). While making this application, the exporter will give an undertaking that the said application will operate under DDAS. Regional Licensing Authority shall calculate its entitlement as per Appendix 30A and issue Replenishment licence. However, Replenishment licence issued under DDAS shall be non transferable and this will be so specifically indicated by the Regional Licensing Authority. Regional Licensing Authority will make an endorsement on these Replenishment licences that payment for import against these licences shall be made from Diamond Dollar Account only. On receipt of payments against export / local sales, on the basis of self declaration indicating the value addition by the exporter/local seller, the bank will credit the value addition part to Rupee Account and balance to Diamond Dollar Account and issue a certificate. The exporter will produce such certificate(s) from the concerned bank as to the amounts credited to Diamond Dollar Account & Rupee Account to the RLA alongwith the Replenishment licence application. The RLA will issue the Replenishment licence after satisfying itself that all requirements have been met. While effecting import of rough diamonds, under DDAS, the exporter will make payments from DDA and will clear the consignment from Custom against these Replenishment licences issued under this scheme only. Such payments can be made in advance, whenever permitted, or after clearance of the parcel. Similarly, the exporter can buy rough diamonds from the local market from DDA holder on payment of dollars from DDA and debit of Replenishment licences issued under this scheme. e. In respect of local purchase of cut & polished diamonds, the buyer will pay to the seller the purchase value in dollars alongwith a disclaimer certificate with respect to the licence according to appendix 30A for the local purchases, on the basis of which the seller will apply to the office of the RLA for the Replenishment / Imprest obligation application as per Appendix 30A enclosing therewith the certificate from the bank, giving details of the value and invoice of cut and polished diamonds sold by him locally. There shall not be more than one transaction of a particular sale/purchase before export and the seller / exporter will give a self declaration to this effect. Exporter will make an application to the RLA on monthly basis based on the export realisations received less the disclaimer certificates for licences issued by him, if any, in accordance with Appendix 30A for the local purchase of cut & polished diamonds, the payments for which have been made from the Diamond Dollar Account. f. Bulk licences for rough diamonds may be issued as per paragraph 8.10 and 8.11 of Exim Policy and paragraph 8.21 to 8.26 of Handbook (Vol.1). A bulk licence holder, in addition to the present scheme, may also operate under Diamond Dollar Account Scheme, then while making the application, the applicant will specifically give a declaration to this effect to the RLA. RLA while issuing Bulk Licence will make an endorsement on this Bulk licence that payment for import of rough diamonds against this Bulk licence shall be made from Diamond Dollar Account only. This bulk licence holder can sell rough diamonds against production of valid Diamond Imprest Licence / Replenishment licence / Gem Replenishment licence to a buyer, who is operating under Diamond Dollar Account Scheme. Buyer will make payment for purchase of such rough diamonds in dollars from his Diamond Dollar Account . The bulk licencee shall 12

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follow the procedure as given in para 8.24 and 8.25 of Handbook (Vol.1). Bulk licencee will be able to import rough diamonds by making payment from his Diamond Dollar Account and will submit Bulk Licence issued under this scheme to Custom Authorities at the time of clearance. A bulk licence holder operating under DDAS is also permitted to sell to an exporter not operating under DDAS against valid Diamond Imprest Licence / Replenishment licence / Gem Replenishment licence but against payment in Dollar obtained from the bank by debiting exporter's Exchange Control copy of the licence, and the payment so received shall be credited to the Diamond Dollar Account of the Bulk Licence holder. g. Diamond Imprest Licence may be issued as per para 8.3 to 8.5 of Exim Policy and para 8.11 to 8.20 of Handbook (Vol.1). In case the applicant wants to operate under Diamond Dollar Account Scheme, he will give a declaration to this effect to Regional Licensing Authority. RLA will issue Diamond Imprest Licence with a specific endorsement that this licence shall be operated under Diamond Dollar Account Scheme. The Licence holder will produce this licence before the concerned bank with whom Diamond Dollar Account has been opened who may permit remittance of dollars for purchase of rough diamonds, equivalent to CIF value of this licence. On receipt of payments against export / local sales, on the basis of self declaration indicating the value addition by exporter / local seller, the bank will credit the value addition part to Rupee Account and balance to Diamond Dollar Account and issue a certificate, the exporter will produce such certificate(s) from the concerned banks as to the amounts credited to Diamond Dollar Account and Rupee Account to the RLA at the time of application for redemption. The RLA will issue the redemption, additional entitlement, if any, after satisfying itself that all requirements have been met. h. Customs appraisal shall be applicable to physical imports / exports as at present and shall not apply to domestic sale / purchase of rough / polished diamonds. i. The procedure and documents for physical imports and exports shall remain unchanged for DDA holders including the requirement of Diamond Imprest Licence / Rep Licence / Bulk Licence / Gem Rep Licence and replenishment norms, (Appendix 30A) prescribed in the Exim Policy.

Q 3. (b) Describe Export Promotion council and also mention its functions in detail. Answer:Export Promotion Councils EPCH's are one of the leading organizations who work for the development of handicrafts industry. They are managed by govt. bodies to make it more responsible and positive. Their various objectives aims at creating positive and healthy environment for handicraft community and products in the international arena. In our EPCH section we have listed few of these bodies and provided detailed information on their functioning and role. Handloom Export Promotion Council (HEPC) The driving force to magnify the elegance of handloom varieties with exquisite excellence. (Sponsored by Ministry of Textiles, Government of India) Handloom Export Promotion Council (HEPC) functions as a non-profit making company under section 25 of the Companies Act. The Memorandum and Articles of Association framed by the Council govern the company. It is a statutory body constituted under The Ministry of Textiles, Government of India to promote the exports of all handloom products like fabrics, home furnishings, carpets and floor coverings, etc. Constituted in the year of 1965 with 65 members and today it has a membership around 2000 spreading all over the country. The Handloom industry mainly exports fabrics, bed linen, table linen, toilet and kitchen linen, towels, curtains, cushions and pads, tapestries and upholstery's, carpets and floor coverings, etc. The HEPC functions with the main objective to provide all kind of support and guidance to the Indian Handloom exporters and the International buyers for trade promotion and international marketing. With its headquarter at Chennai and regional offices at Mumbai and New Delhi, it is administered by an Executive Committee consisting of elected representatives from the export trade, ex-officio members and nominated Government officials. The committee is headed by Chairman, who holds his office for the period of two years along with Vice Chairman. The secretary (Executive Director) of the council, anGovernment, assists the council to run the administration. Primary objectives of HEPC: 13

IIMM/DH/02/2006/8154, Export and Import Management

Organizing participation in the fairs, exhibitions and buyer-seller meets in India and Abroad. It aims to provide guidance, consultation and support to the handloom exporters in view to promote handloom exports. Laying down standards of quality and packaging in respect of Indian Handlooms for export. It approves agents, representatives or correspondence in foreign markets for continuous reporting of prices, market preferences and reception accorded to Indian Handloom products. The Handloom Export Promotion Council 34 (Old No. 18), Cathedral Garden Road, Nungambakkam, Chennai - 600 034, India Tel: 91-44- 28278879/ 28276043 Fax: 91-44- 28271761 E-mail: hepccatp@vsnl.com COIR BOARD OF INDIA Performing effective functions to promote the coir industry. Coir Board is a statutory body established by the Government of India under a legislation enacted by the Parliament namely Coir Industry Act 1953 (45 of 1953) to promote Coir Industry in India as a whole. The main functions of the Board as laid down in Section 10 of the Coir Industry Act are 1. Promotion of coir industry with all possible measures. a) Promoting exports of coir yarn and coir products and carrying on propaganda for that purpose b) Regulating the production of husks, coir yarn and coir products under the supervision of the Central Government by registering coir spindles and looms for manufacturing coir products. c) Undertaking, assisting or encouraging scientific, technological and economic researches to maintain one or more research institutes d) Collecting statistics from manufacturers of and dealers in coir products. It can also obtain such information from the other persons related to the coir industry. The publication of statistics so collected or portions thereof or extracts therefrom e) Fixing grade standards and necessary inspection of coir fibre, coir yarn and coir products f) Improving the marketing of coconut husk, coir fibre, coir yarn and coir products in India, preventing unfair competition g) Setting up or assisting in the setting up of factories for the producers of coir products with the aid of power; h) Promoting cooperative organisation among producers of husks, coir fibre and coir yarn and manufacturers of coir products (i) Ensuring remunerative returns to producers of husks, coir fibre and coir yarn and manufacturers of coir products j) Licensing of retting places and warehouses and otherwise regulating the stocking and sale of coir fibre, coir yarn and coir products both for the internal market and for exports k) Advising on all matters relating to the development of the coir industry COIR HOUSE M. G. Road, Kochi-682 016 Tel: 91-484-2351807 2351788 / 2351954 / 2354397 Fax: 91-484-2370034, Gram: COIRBOARD E-mail: coir@md2.vsnl.net.in Web: www.coirindia.org www.coir-india.com The Carpet Export Promotion Council of India A responsible authority to enhance the utility of carpet industry. The Carpet Export Promotion Council Of India (CEPC) was set up by the Government Of India in 1982 with a view to promote the exports of hand knotted carpets and other floor coverings. The council advises the government onxports promotion measures and helps the exporter's community in bringing their problems and requirements to the notice of the government. It provides expertise in many spheres both for the Indian exporters and foreign buyers. The council is a high profile body consisting of senior Trade Representatives and Government officials. It provides the necessary assistance to the Indian exporters. It identifies the markets, provides financial assistance, sponsors participation in fairs and exhibitions and also conducts publicity abroad. Regarding overseas buyers/importers, the CEPC locates the estimate suppliers and provides credibility reports on Indian exporters. It also arranges buyer-seller meets and assists in trade disputes. To eradicate the incidence of child labour from the carpet industry CEPC has adopted a label "KALEEN" This KALEEN label on carpets ensures that no child labour has been used for the production of the carpet. The exporters are required to fulfill certain prerequisites to obtain this label. They have to contribute % of the FOB value of their exports to the child welfare fund. The main objectives of adopting this label are: n Total eradication of child labour. n Welfare of the weaver community n Education for the children with mid- day meal n Medicare of the weaver families n Vocational training for the children with assured stipend. CARPET EXPORT PROMOTION COUNCIL 110-A/1, Krishna Nagar, Street No. 5 Safdarjung Enclave, New Delhi 110029, India. Tel : +91-11-6101024, 6102742 Telefax: + 91-11-6165299 Email: cepc@nda.vsnl.net.in Web Sites: www.indiancarpets.com www.india-carpets.com www.indiancarpets.org Apparel Export Promotion Council (AEPC)

14

IIMM/DH/02/2006/8154, Export and Import Management

The Apparel Export Promotion Council (AEPC) was incorporated under section 25 of the Companies Act, 1956 on 22nd February 1978. The council carries out its function as a nodal agency sponsored by the Ministry of Textiles, Govt. of India. It holds the dual responsibility of monitoring garment exports quotas and promotion of exports of readymade garments from India. AEPC acts as a catalyst for the Indian Garment Exports. It organizes the Buyer Seller Meets, garment shows with sponsoring of the Trade Delegations and offers technical advice and market briefs etc. It also provides service to its more than 35,000 registered exporter members in a specialized manner through its committees and various sub-committees. AEPC's Executive Committee functioned through its various SubCommittees including, Quota Advisory Committee, Export Promotion Committee, Exhibition Advisory Committee, and Finance and Budget Sub Committee. It organises variety of fairs including India and International Garment Fair twice a yearat Delhi, India Knit Fair at Tripur, the knitwear capital of India, Men's Fashion Fair at Mumbai, the commercial capital of India. AEPC runs Apparel Training and Design Centres at places like Delhi, Mumbai, Tirupur, Bangalore, Chennai, Jaipur and Hyderabad. These centres impart training and thereafter even help the trained to get placed in various industries at shop-floor level to improve the efficiency and productivity of the Garment Industry. AEPC also provides rich library to its members as well as research scholars. Its grandiose project of a world class Trade Mart cum Exhibition Complex in Delhi is in the anvil. It will house exclusive showrooms of exporters as much as hundred and an auditorium plus a permanent "Exhibition Complex". The council administers the Export Entitlement Policy of the Government of India. It has also been authorized to allot quotas to exporters and issue Certificate Apparel Export Promotion Council (AEPC) NBCC Tower, 15, Bhikaji Cama Place, New Delhi- 110066 Tel# 01126108552, 011-26183351, 01126169356/57/93/94 Fax# 011-26188300, 011-26188584 Email: hoadepd@nda.vsnl.net.in Registered Office: NBCC Tower, 15, Bhikaji Cama Place, New Delhi - 110066 Tel: 011- 6183351, 6169394, 6169356/ 57, Fax: 0116188584,6188300. E-mail: aepch@400nicgw.nic.in, Internet: www.aepcindia.com Export Promotion Council For Handicrafts Export Promotion Council for Handicrafts (EPCH) has been established under the Exim Policy of Govt. of India in 1986-87 and is a non-profit organisation. The organisation works under the administrative control of O/o Development Commissioner (Handicrafts), Ministry of Textiles, Govt. of India and governed by Policies of Ministry of Textiles. It is an apex body which projects India's image abroad as a reliable supplier of high quality of handicraft goods & services. It also insures various measures keeping in view of observance of international standards and specifications. The Council has created necessary infrastructure as well as marketing and information facilities, which are availed both by the member exporters and importers. The membership of the council rose from 35 in year 1985-86 to 6873 in 2002-03 EPCH Council The Council is run and managed by team of professionals headed by Executive Director. The Committee of Administration consist of eminent exporters, professionals and senior Govt. officials. The Export Promotion Council for Handicrafts has a rarest distinction of being considered as MODEL COUNCIL which is self sustaining and where all the promotional activities are self financed Indian Handicrafts & Gifts Fair Indian Handicrafts and Gifts Fair, today has become a show window of Indian handicrafts among all the leading overseas buyers need no introduction. For further details contact: Export Promotion Council For Handicrafts "EPCH House", Pocket-6 & 7, Sector-C, LSC, Vasant Kunj, New Delhi-110 070, India. Tel: 91-11-26135256(6 lines) Fax: 91-11-26135518/19 E-mail: epch@vsnl.com Website: www.epch.com

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IIMM/DH/02/2006/8154, Export and Import Management

Q4. (a) Before commencement of any foreign trade, the organizations have to procure the necessary Code Number and licence. Explain the entire procedures, issue & power of govt in relation to Code number & Licence. Answer:Importer Exporter Code Number Definition of IEC Code IEC Code is unique 10 digit code issued by DGFT Director General of Foreign Trade , Ministry of Commerce, Government of India to Indian Companies. Full form of IEC Code Full From of IEC Code is : Importer Exporter Code . To import or export in India, IEC Code is mandatory. No person or entity shall make any Import or Export without IEC Code Number. IEC Code No Notification Directorate General of Foreign Trade(DGFT) issued a Policy Circular No.15 (RE-2006)/2004-2009 Date: 27th July, 2006) for New System for issuance of Importer-Exporter Code Number. Eligibility, Legal Provisions and Conditions for IEC Code Number Eligibility condition and Legal Provisions are given for IEC Code Number Application in Foreign Trade (Regulation) Rules, 1993 Ministry of Commerce, Notification No. GSR 791 (E), dated 30-12-1993.

Application for Grant of IEC Number An application for grant of IEC number shall be made by the Registered/Head Office of the applicant and apply to the nearest Regional Authority of Directorate General Foreign Trade, the Registered office in case of company and Head office in case of others, falls in the Aayaat Niryaat Form - ANF2A and shall be accompanied by documents prescribed therein. In case of STPI/ EHTP/ BTP units, the Regional Offices of the DGFT having jurisdiction over the district in which the Registered/ Head Office of the STPI unit is located shall issue or amend the IECs.

Only one IEC would be issued against a single PAN number. Any proprietor can have only one IEC number and in case there are more than one IECs allotted to a proprietor, the same may be surrendered to the Regional Office for cancellation.

16

IIMM/DH/02/2006/8154, Export and Import Management

IEC Code Online Application Form The application can be download Form in PDF or Word. This is called "Aayaat Niryaat Form - ANF2A". Along with IEC Code Number Attested by Application Applicant's Banker Form in his it letter is head with necessary two passport to size submit photo). Appendix-18B

List Of Regional Authorities Of DGFT And The Corresponding Office of Reserve Bank Of India, Exchange Control Department You can find the list of Foreign Exchange Control Department of the RBI as given in

Appendix-18D. Validity of IEC Code No An IEC number allotted to an applicant shall be valid for all its branches/divisions/units/factories as indicated in the format of IEC given in Appendix- 18B. Duplicate Copy of IEC Number Where an IEC Number is lost or misplaced, the issuing authority may consider requests for grant of a duplicate copy of IEC number, if accompanied by an affidavit. Surrender of IEC Number If an IEC holder does not wish to operate the allotted IEC number, he may surrender the same by informing the issuing authority. On receipt of such intimation, the issuing authority shall immediately cancel the same and electronically transmit it to DGFT for onward transmission to the Customs and Regional Authorities. Application Fee For IEC Code Number Application Fee : Rs 250.00 Mode of Payment : In Demand Draft of any Bank or Payment through EFT ( Electronic Fund Transfer by Nominated Bank by DGFT Like HDFC Bank, ICICI Bank, State Bank of India, UTI Bank, Punjab National Bank, Central Bank etc) or Application fee can deposited by TR6 Challan with Duplicate Copy in any branch of Central Bank of India and TR6 Challan Specified need fee shall to be be paid for submit making along an with application IEC under any Code provision 17 Application. of the

IIMM/DH/02/2006/8154, Export and Import Management

Policy and Handbook of Procedure Volume-I.. The scale of fee, mode of payment, procedure for refund of fee and the categories of persons exempted from the payment of fee are contained in Appendix-21B. Territorial Jurisdiction of Regional Authorities Every application, unless otherwise specified, shall be submitted to the Regional Authority of Directorate General Foreign Trade, as per the territorial jurisdiction of the Regional authorities indicated in Policy and Handbook of Procedure Volume-I. Filing of Application Application can be filed online in DGFT website, details of online links are given below.

Every application for an Import/Export licence/ certificate/ Authorisation/ permission or any other purpose should be complete in all respects as required under the relevant provisions of the Policy/Procedures and shall be signed by the applicant as defined in paragraph 9.9 of the Policy. An incomplete application is liable to be rejected giving specific reason for rejection. However in case of manual applications, the applicant would furnish a soft copy of the application in MS word format. Profile of Importer/ Exporter Each Importer/Exporter shall be required to file importer/ exporter profile once with the Regional Authority in Part 1 of Aayaat Niryaat Form - ANF2A. Regional Authority shall enter the information furnished in Part 1 of Aayaat Niryaat Form ANF-2A in their database so as to dispense with the need for asking the repetitive information. In case of any change in the information given in Part 1 of Aayaat Niryaat Form ANF-2A, importer/exporter shall intimate the same to the Regional Authority. Self Addressed Stamped Envelope The applicant shall furnish a self addressed envelope of 40 x 15 cm with postal stamp affixed on the envelope as follows for all documents required to be sent by Speed Post: Within local area Up to 200 Kms. Between 200 to 1000 Kms Beyond 1000 Kms. Rs. 20.00 Rs. 25.00 Rs. 30.00 Rs. 50.00

A b c d

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IEC No: Exempted Categories The following categories of importers or exporters are exempted from obtaining Importer - Exporter Code (IEC) number: 1. Importers covered by clause 3 (1) [except sub-clauses (e) and (l)] and exporters covered by clause 3(2) [except subclauses (i) and (k)] of the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993. 2. Ministries/Departments of the Central or State Government. 3. Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture. 4. Persons importing/exporting goods from/to Nepal provided the CIF value of a single consignment does not exceed Indian Rs.25,000. 5. Persons importing/exporting goods from/to Myanmar through Indo-Myanmar border areas provided the CIF value of a single consignment does not exceed Indian Rs.25,000.

However, the exemption from obtaining Importer-Exporter Code (IEC) number shall not be applicable for the export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in Appendix- 3, Schedule 2 of the ITC(HS) except in the case of exports by category(ii) above. 6. The following permanent IEC numbers shall be used by the categories of importers/ exporters mentioned against them for import/ export purposes..

S.No Number Code

Categories of Importers / Exporters

1 0100000011

All

Ministries

Departments

of

Central

Government

and

agencie

wholly or partially owned by them.

2 0100000029

All

Ministries

Departments

of

any

State

Government

and

agencie

wholly or partially owned by them.

3 0100000037

Diplomatic

personnel,

Counselor

officers

in

India

and

officials

UNO and its specialised agencies.

4 0100000045

Indians

returning

from

going

abroad

and

claiming 19

benefit

unde

IIMM/DH/02/2006/8154, Export and Import Management

Baggage Rules.

5 0100000053

Persons

Institutions

Hospitals

importing

or

exporting

goods

fo

personnel use, not connected with trade or manufacture or agriculture.

6 0100000061

Persons importing / exporting goods from /to Nepal

7 0100000070

Persons

importing

exporting

goods

from

/to

Myanmar

through

Indo-Myanmar border areas

8 0100000088

Ford Foundation

Importers 9 0100000096

importing

goods

for

display

or

us

in fairs / exhibitions or similarevents under provisions of ATA carnet This IEC number can also be used byimporters importing for exhibitions/fairs as per Para 2.29 of HBPv1.

10 0100000100

Director,

National

Blood

Group

Reference

Laboratory,

Bombay

or

thei

authorized offices.

Individuals goods, 11 0100000126 which Ministry calamity. have of

/ been

Charitable exempted for

Institution from Customs use

/Registered duty by under victims

NGOs Notification affected

importing issued by

by

Finance

bonafide

natura

Persons importing / exporting permissiblegoods as notified from time to time, from / to Chin 12 0100000134 consignment as given in Para 2.8(iv) above.

through Gunji,Namgaya Shipkila and Nathula ports, subject to value ceilings of singl

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IIMM/DH/02/2006/8154, Export and Import Management

13 0100000169

Non-commercial

imports

and

exports

by

entities

that

have

been

authorized by Reserve Bank of India.

Note: Commercial Public Sector Undertaking (PSU) who have obtained PAN will however be required to obtain Importer Exporter Code number. The permanent IEC number as mentioned above, shall be used by non-commercial PSUs. Guidelines for Application of IEC Code Number. Mandatory Requirements to apply for IEC Code Number 7. PAN Number 8. Current Bank Account 9. Bankers Certificate 10. IEC Code Number Application Fee Rs 250.00 (Expert TIP : Pay via EFT (Electronic Fund Transfer ), and submit IEC Online Application form, If you wish to receive IEC Number instantly) 11. The physical application containing required documents should reach DGFT RLA concerned within 15 days of its online submission. 12. E-mail is not mandatory. If it is provided it will facilitate faster communication. Check List of Documents to apply for IEC Code 13. Covering Letter on your company's letter head for issue of new IEC Code Number. 14. Two copies of the application in prescribed format must be submitted to your regional Jt.DGFT Office. 15. Each individual page of the application has to be signed by the applicant. 16. Part 1 & Part 4 has to be filled in by all applicants. In case of applications submitted electronically. 17. No hard copies of Part 1 may be submitted. However in cases where applications are submitted otherwise, hard copy of Part 1has to be submitted. 18. Only relevant portions of Part 2 need to be filled in. 19. Rs 250.00 Bank Receipt (in duplicate)/Demand Draft/EFT details evidencing payment of application fee in terms of 20. Certificate from the Banker of the applicant firm in the format given in 21. Self certified copy of PAN issuing letter or PAN (Permanent Account Number) Card issued by Income Tax Authority. 22. Two copies of passport size photographs of the applicant duly attested by the Banker of the applicant. 23. Self addresses envelope with Rs.25/- postal stamp for delivery of IEC certificate by registered post or challan/DD of Rs.100/- for speed post. FAQs 21

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1) What is an IEC Certificate and who can procure it? a. IEC stand for Import Export Code Certificate issued by the Director General of Foreign trade registering an individual, firm, organization, entity, etc as an Exporter or Importer. b. An IEC can be obtained by any PAN Holder desirous of conducting Exports or Imports. 2) What is the tenure of an IEC? a. An IEC once issued is permanent in nature till the same is surrendered by the IEC holder or cancelled by the Licencing Authority upon any default made be the IEC holder. 3) How often is the IEC required to be updated? a. An IEC once issued needs to be updated within 90 days in the case of the following: 1. 1. 2. 3. If there is any change in the Name of the IEC holder; Address of Registered / Branch office / Factory address; Constitution viz. Change in Directors, conversion from Proprietorship concern to Firm, Firm to Company, Pvt Ltd to Public Ltd, change in Bank details, etc. 4. PAN Details of the IEC holder. 2. Any change is required by the Government for moving towards an Integrated One Number Regime; b. Upon the change being intimated beyond a period of 90 days, the changes shall be registered by the RLA upon payment of a penalty;

Q4. (b) Under Foreign Trade (Regulation) Rules 1993, explain the conditions which must be satisfied by an Industry for issue of a Licence. Also mention the Conditions under which govt. can refuse the licence. Answer:FOREIGN TRADE (REGULATION) RULES 1993

Act : In exercise of the powers conferred by section 19 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992), the Central Government hereby makes the following rules, namely: 1. Short title and commencement (1) These rules may be called the Foreign Trade (Regulation) Rules, 1993. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions In these rules, unless the context otherwise requires,(a) Act, means the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) (b) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of 22

IIMM/DH/02/2006/8154, Export and Import Management

general public utility; (c) importer or exporter, means a person who imports or exports goods and holds a valid Importer-Exporter Code Number granted under section 7; (d) licensing authority, means an authority authorised by the Director-General under sub-section (2) of section 9 to grant or renew a licence under these rules; (e) policy means the export and import policy formulated and announced by the Central Government under section 5; (f) Schedule, means a Schedule appended to these rules; (g) section, means a section of the Act; (h) special licence, means a licence granted under sub-section (2) of section 8; (i) value has the meaning assigned to it in clause (41) of section 2 of the Customs Act, 1962 (52 of 1962) (j) words and expressions used in these rules and not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act. 3. Grant of special licence (1) Where the Importer-Exporter Code Number granted to any person has been suspended or cancelled under subsection (1) of section 8, the Director-General may, having regard to the following factors, grant to him a special licence, namely:(1) that the denial of a special licence is likely to affect the foreign trade of India adversely; or (2) that the suspension or cancellation of the Importer-Exporter Code Number is likely to lead to non-fulfilment of any obligation by India under any international agreement; (2) The special licence granted to any person under sub-rule (1) shall be non-transferable. 4. Application for grant of licences A person may make an application for the grant of a licence to import or export goods in accordance with the provisions of the policy or an order made under section 3. 5. Fee (1) Every application for a licence to import shall be accompanied by the fee specified in the Schedule. (2) The mode of deposit of fee shall be as specified in the Schedule. (3) No fee shall be payable in respect of any application made by: (a) the Central Government, a State Government, a State Government or any department or any office of the Government; (b) any local authority for the bona fide import of goods required by it for official use; (c) any institution set up for educational, charitable or missionary purposes, for the import of goods required for its use; (d) an applicant for the import of any goods (other than a vehicle), if the import of the goods is for his personal use which is not connected with trade or manufacture. (4) The fee once received will not be refunded except in the following circumstances, namely:23

IIMM/DH/02/2006/8154, Export and Import Management

(i) where the fee has been deposited in excess of the specified scale of fee; or (ii) where the fee has been deposited but no application has been made; or (iii) where the fee has been deposited in error but the applicant is exempt from payment of fee. 6. Conditions of licence (1) It shall be deemed to be a condition of every licence for export that: (i) no person shall transfer or acquire by transfer any licence issued by the licensing authority except in accordance with the provisions of the policy; (ii) the goods for the export of which the licence is granted shall be the property of the licensee at the time of the export. (2) The licensing authority may issue a licence for import subject to one or more of the following conditions, namely:(a) that the goods covered by the licence shall not be disposed of except in accordance with the provisions of the policy or in the manner specified by the licensing authority in the licence; (b) that the applicant for a licence shall execute a bond for complying with the terms and conditions of the licence. (3) It shall be deemed to be a condition of every licence for import that:(a) no person shall transfer or acquire by transfer any licence issued by the licensing authority except in accordance with the provisions of the policy; (b) the goods for the import of which a licence is granted shall be the property of the licensee at the time of import and up to the time of clearance through customs; (c) the goods for the import of which a licence is granted shall be new goods, unless otherwise stated in the licence; (d) that the goods covered by the licence for import shall not be exported without the written permission of the Director-General. (4) Any person importing goods from the United States of America in accordance with the terms of the Indo-U.S. Memorandum of Understanding on Technology Transfer shall also comply with all the conditions and assurances specified in the import certificate issued in terms of such Memorandum, and such other assurances given by the person importing those goods to the Government of the United States of America through the Government of India. 7. Refusal of licence (1) The Director-General or the licensing authority may, for reasons to be recorded in writing, refuse to grant or renew a licence, if(a) the applicant has contravened any law relating to customs or foreign exchange; (b) the application for the licence does not substantially conform to any provision of these rules; (c) the application or any document used in support thereof contains any false or fraudulent or misleading statement; (d) it has been decided by the Central Government to canalise the export or import of goods and distribution thereof, as the case may be, through special or specialised agencies; (e) any action against the applicant is for the time being pending under the Act or Rules and orders made thereunder; 24

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(f) the applicant is or was a managing partner in a partnership firm, or is or was a director of a private limited company, having a controlling interest, against which any action is for the time being pending under the Act or Rules and orders made thereunder; (g) the applicant fails to pay any penalty imposed on him under the Act; (h) the applicant has tampered with a licence; (i) the applicant or any agent or employee of the applicant with his consent has been a party to any corrupt or fraudulent practice for the purposes of obtaining any other licence; (j) the applicant is not eligible for a licence in accordance with any provision of the policy; (k) the applicant fails to produce any documents called for by the Director-General or the licensing authority; (l) in the case of a licence for import, no foreign exchange is available for the purpose; (m) the application has been signed by a person other than a person duly authorised by the applicant under the provisions of the policy; (n) the applicant has attempted to obtain or has obtained cash compensatory support, duty drawback, cash assistance benefits allowed to registered exporters or any other similar benefits from the Central Government or any agency authorised by the Central Government in relation to exports made by him on the basis of any false, fraudulent or misleading statement or any document which is false or fabricated or tampered with. (2) The refusal of a licence under sub-rule (1) shall be without prejudice to any other action that may be taken against an applicant by the licensing authority under the Act. 8. Amendment of licence The licensing authority may of its own motion or on an application by the licensee, amend any licence, in such manner as may be necessary or to rectify any error or omission in the licence. 9. Suspension of a licence (1) The Director-General or the licensing authority may, by an order in writing, suspend the operation of a licence granted to(a) any person, if an order of detention has been made against such person under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974); or (b) a partnership firm or a private limited company, if the person referred to in clause (a) is a partner or a whole-time director or managing director, as the case may be, of such firm or company: PROVIDED that the order of suspension shall cease to have effect in respect of the aforesaid person or, as the case may be, the partnership-firm or company, when the order of detention made against such person,(i) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), do not apply, has been revoked on the report of the Advisory Board under section 8 of that Act or before receipt of the report of the Advisory Board or before making a reference to the Advisory Board; or (ii) being an order of detention to which the provisions of section 9 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), apply, has been revoked on the report of the Advisory Board under section 8 read with sub-section (2) of section 9 of that Act or before receipt of such report; 25

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(iii) has been set aside by a court of competent jurisdiction. (2) The Director-General or the licensing authority may, by an order in writing, suspend the operation of any licence granted under these rules, where proceedings for cancellation of such licence have been initiated under rule 10. 10. Cancellation of a licence The Director-General or the licensing authority may, by an order in writing, cancel any licence granted under these rules, if(a) the licence has been obtained by fraud, suppression of facts or misrepresentation; or (b the licensee has committed a breach of any of the conditions of the licence; or (c) the licensee has tampered with the licence in any manner; or (d) the licensee has contravened any law relating to customs or foreign exchange or the rules and regulations relating thereto. 11. Declaration as to value and quality of imported goods On the importation into, or exportation out of, any customs ports of any goods, whether liable to duty or not, the owner of such goods shall, in the bill of entry or the shipping bill or any other documents prescribed under the Customs Act, 1962, state the value, quality and description of such goods to the best of his knowledge and belief and in case of exportation of goods, certify that the quality and specification of the goods as stated in those documents are in accordance with the terms of the export contract entered into with the buyer or consignee in pursuance of which the goods are being exported and shall subscribe to a declaration of the truth of such statement at the foot of such bill of entry or shipping bill or any other documents. 12. Declaration as to importer-exporter code number On the importation into, or exportation out of, any customs port of any goods, the importer or exporter shall, in the bill of entry or shipping bill or, as the case may be, in any other documents prescribed by rules made under the Act or the Customs Act, 1962 (52 of 1962), state the importer-exporter code number allotted to him by the Competent Authority. 13. Utilization of imported goods (1) No person shall use any imported goods allotted to him by the State Trading Corporation of India or any other agency recognised by the Central Government in a manner and for the purpose, otherwise than as declared by him in his application for such allotment or in any document submitted by him in support of such application. (2) No person shall dispose of any goods imported by him against a licence except in accordance with the terms and conditions of such licence. 14. Prohibition regarding making, signing of any declaration, statement or documents (1) No person shall make, sign or use or cause to be made, signed or used any declaration, statement or document for the purposes of obtaining a licence or importing any goods knowing or having reason to believe that such declaration, statement or document is false in any material particular. (2) No person shall employ any corrupt or fraudulent practice for the purposes of obtaining any licence or importing or exporting any goods. 15. Power to enter premises and inspect, search and seize goods, documents, things and conveyances (1) Any person authorized by the Central Government under sub-section (1) of section 10 (hereinafter called the authorized person) may, at any reasonable time, enter any premises in which(i) any imported goods or materials which are liable to confiscation under the provisions of the Act; or (ii) any books of account or documents or things which, in his opinion, will be useful for, or relevant to, any 26

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proceedings under the Act, are suspected to have been kept or concealed and may inspect such goods, materials, books of account, documents or things and may take such notes or extracts there from as he may think fit. (2) If the authorized person has reason to believe that(i) any imported goods or materials liable to confiscation under the Act; or (ii) any books of account or documents or things which, in his opinion, will be useful for, or relevant to, any proceedings under the Act, are secreted in any premises he may enter into and search such premises for such goods, materials, books of account, documents or things. (3) (a) If the authorized person has reason to believe that any imported goods or materials are liable to confiscation under the Act, he may seize such goods or materials together with the package, covering or receptacle, if any, in which such goods or materials are found to have been mixed with any other goods or materials: PROVIDED that where it is not practicable to seize any such goods or materials, the authorised person may serve on the owner of the goods or materials an order that he shall not remove, part with or otherwise deal with the goods or materials except with the previous permission of the authorised person. (b) Where any goods or materials are seized under clause (a) and no notice in respect thereof is given within six months of the seizure of the goods or materials, the goods or materials shall be returned to the person from whose possession they were seized: PROVIDED that the aforesaid period of six months may, on sufficient cause being shown, be extended by the Director-General for a further period not exceeding six months. (c) The authorised person may seize any books of account or documents or things which in his opinion, will be useful for, or relevant to, any proceedings under the Act. (d) The person from whose custody any documents are seized under this sub-rule, shall be entitled to make copies thereof or take extracts therefrom in the presence of the authorised person. (e) If any person legally entitled to the books of account or other documents or things seized under this sub-rule objects, for any reason, to the retention by the authorised person of the books of account or the documents or things, he may move an application to the Central Government stating therein the reasons for such objection, request for the return of the books of account or documents or things. (f) On receipt of the application under clause (e), the Central Government may, after giving the applicant an opportunity of being heard, pass such order as it may think fit. (g) Where any document is produced or furnished by any person or has been seized from the custody or control of any person under the Act or has been received from any place outside India in the course of the investigation for any contravention referred to in section 11 by any person and such document is tendered in evidence against the person by whom it is produced or from whom it was seized or against such person or any other person who is jointly proceeded against, the adjudicating authority, shall, notwithstanding anything to the contrary contained in any other law for the time being in force,(i) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person of which the adjudicating authority may reasonably assume to have been signed by or to be in the handwriting of any particular person, is under the person$s handwriting, and in the case of a document executed or attested, it was executed or attested by the person by whom it purports to have been so executed or attested; (ii) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. 27

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(4) The authorised person, may, if he has reason to suspect that any conveyance or animal is being or is about to be used for the transportation of any imported goods or material which are liable to confiscation under the Act, and that by such transportation any provision of the Act has been, is being or is about to be contravened at any time, stop such conveyance or animal or in the case of aircraft, compel it to land, and(a) rummage and search the conveyance or any part thereof; (b) examine and search any goods or material in the conveyance or on the animal; (c) if it becomes necessary to stop any conveyance or animal, he may use all lawful means for stopping it and where such means fail, the conveyance or animal may be fired upon, and where he is satisfied that it is necessary so to do to prevent the contravention of any provision of the Act or of the rules and orders made thereunder or the policy or condition of any licence, he may seize such conveyance or animal. Explanation: Any reference in this rule to a conveyance shall, unless the context otherwise requires, be construed as including a reference to an aircraft, vehicle or vessel. 16. Settlement (1) The adjudicating authority may determine the amount of settlement to be paid by the person to whom a notice has been issued and who has opted for settlement, and has admitted the contravention specified in the notice, in the following cases, namely:(i) where it is of the opinion that the contravention of any provision of the Act or these rules or the policy has been made without mens rea or without wilful mistake or without suppression of facts, or without any collusion, or without fraud and forgery, or without an intent to cause loss of foreign exchange ; or . (ii) Where the person importing the goods has not met the requirements of the actual user conditions as specified in the policy and has not misutilised the said imported goods; or (iii) where the person importing the goods has not fulfilled the export obligation and has not misutilised the said imported goods. (2) Where a person has opted for settlement under sub-rule (1), the settlement made by the adjudicating authority shall be final. 17. Confiscation and redemption (1) Any imported goods or materials in respect of which(a) any condition of the licence, or letter of authority under which they were imported, relating to their utilisation or distribution; or (b) any condition, relating to their utilisation or distribution, subject to which they were received from or through an agency recognised by the Central Government; or (c) any condition imposed under the policy with regard to the sale or disposal of such goods or materials; has been, is being, or is attempted to be, contravened, shall together with any package, covering or receptacle in which such goods are found, be liable to be confiscated by the adjudicating authority, and where such goods or materials are so mixed with any other goods or materials that they cannot be readily separated, such other goods or materials shall also be liable to be so confiscated: PROVIDED that where it is established to the satisfaction of the adjudicating authority that any goods or materials which are liable to confiscation under this rule, had been imported for personal use, and not for any trade or industry, 28

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such goods, or materials shall not be ordered to be confiscated. (2) The adjudicating authority may permit the redemption of the confiscated goods or materials upon payment of redemption charges equivalent to the market value of such goods or materials. 18. Confiscation of conveyance (1) Any conveyance or animal which has been; is being, or is attempted to be used, for the transport of any goods or materials that are imported and which are liable to confiscation under rule 17, shall be liable to be confiscated by the adjudicating authority unless the owner of the conveyance or animal proves that it was, is being, or is about to be so used without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the conveyance or animal and that each of them had taken all reasonable precautions against such use. (2) The adjudicating authority shall permit redemption of the confiscated conveyance or animal used for the transport of goods or passengers for hire upon payment of redemption charges equivalent to the market value of such conveyance or animal. SCHEDULE The following fee shall be leviable in respect of the application for an import licence, etc.: SCALE OF FEE S.No. Particulars Amount of fee (1) (2) (3) 1. Where the value of goods specified in application does not exceed rupees fifty thousand Rupees two hundred 2. Where the value of the goods specified in the application exceeds rupees fifty thousand, but not exceed rupees one crore Rupees two per thousand or part thereof subject to a minimum of rupees two hundred 3. Where the value of the goods specified in the application exceeds rupees one crore Rupees two per thousand or part thereof subject to a maximum of rupees one lakh and fifty thousand 4. Application for grant of duplicate licence Rupees two hundred 5. In case where import licence and other correspondence are required by speed post Rupees two hundred 6. Application for issue of an identity card Rupees two thousand 7. Application for issue of duplicate identity card in the event of loss of original card Rupees one hundred 8. Extension of the period of shipment of an import licence Rupees two hundred 9. Application for grant of split-up licences Rupees one thousand per split-up licence.

Q6. SHORT NOTES: Answer: 6(a) Duty Exemption /remission schemes The Duty Exemption Scheme enables import of inputs required for export production. The Duty Remission Scheme enables post export replenishment/ remission of duty on inputs used in the export product.
An Advance Licence is issued under Duty Exemption Scheme to allow import of inputs which are physically incorporated in the export product (making normal allowance for wastage). In addition, fuel, oil, energy, catalysts etc. which are consumed in the course of their use to obtain the export product, may also be allowed under the scheme. Advance Licence can be issued for:-

a. Physical exports
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b. Intermediate supplies c. Deemed exports. d. For physical exports, Advance Licence can also be issued on the basis of annual requirement in respect of export products for which SIONs have been notified. e. Duty Remission Scheme consists of (a) Duty Free Replenishment Certificate and (b)Duty Entitlement Passbook Scheme. The scheme allows drawback of import charges on inputs used in the export product (making normal allowance for the wastage).

The Duty Exemption Scheme enables duty free import of inputs required for export production. An Advance Licence is issued under Duty Exemption Scheme. The Duty Remission Scheme enables post export replenishment/ remission of duty on inputs used in the export product. Duty Remission scheme consist of (a) DFRC and (b) DEPB. DFRC permits duty free replenishment used in the export product. The DEPB scheme allows drawback of import charges on inputs used in the export product.

6 (c) Deemed Exports


A deemed export release in the United States is a release of technology or source code that is subject to the Export Administration Regulations to a foreign national. Such release is "deemed" to be an export to the home country or countries of the foreign national. Deemed Exports as defined in the Export and Import Polilcy, 1997-2002 means those transactions in which the goods supplied do not leave the country and the supplier in India receives the payment for the goods. It means the goods supplied need not go out of India to treat them as Deemed Export. The following categories of supply of goods by the main/ sub-contractors shall be regarded as "Deemed Exports" under this Policy, provided the goods are manufactured in India: 1. Supply of goods against Advance Licence/DFRC under the Duty Exemption /Remission Scheme; 2. Supply of goods to Export Oriented Units (EOUs) or units located in Export Processing Zones (EPZs) or Special Economic Zone (SEZs) or Software Technology Parks (STPs) or to Electronic Hardware Technology Parks (EHTPs); 3. Supply of capital goods to holders of licences under the Export Promotion Capital Goods (EPCG) scheme; 4. supply of goods to projects financed by multilateral or bilateral agencies/funds as notified by the Department of Economic Affairs, Ministry of Finance under International Competitive Bidding in accordance with the procedures of those agencies/ funds, where the legal agreements provide for tender evaluation without including the customs duty; 5. supply of capital goods, including in unassembled/ disassembled condition as well as plants, machinery, accessories, tools, dies and such goods which are used for installation purposes till the stage of commercial production and spares to the extent of 10% of the FOR value to fertiliser plants. 6. supply of goods to any project or purpose in respect of which the Ministry of Finance, by a notification, permits the import of such goods at zero customs duty coupled with the extension of benefits under this chapter to domestic supplies; 7. Supply of goods to the power and refineries not covered in (6) above. 8. Supply of marine freight containers by 100% EOU (Domestic freight containersmanufacturers) provided the said containers are exported out of India within 6 months or such further period as permitted by the Customs;

6 (d) Dimond & Jewellery Dollar Account


Firms and companies dealing in the purchase/sale of rough or cut and polished diamonds/diamond studded jewellery with a track record of at least 3 years in import or export of diamonds/ diamond studded jewellery and having an 30

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average annual turnover of Rs. 5 crore or above during preceding three licensing years may also carry out their business through designated Diamond Dollar Accounts. The Diamond Dollar Account Scheme shall operate under the current licensing scheme of this chapter. This scheme shall be optional and those importers/exporters who wish to continue to use Rupee Accounts shall be allowed to do so under the existing policies. Dollars in such accounts available from bank finance and/or export proceeds shall be used only for (i) import/purchase of rough diamonds from overseas/local sources, (ii) purchase of cut and polished diamonds from local sources, (iii) import/purchase of gold from overseas/nominated agencies and repayment of dollar loans from the bank and (iv) transfer to the Rupee Account of the exporter. Details of this Diamond Dollar Accounts Scheme (DDAS) are Provided. The procedure outlined shall also apply to diamond studded jewellery. A non DDA holder is also permitted to supply cut and polished diamonds to DDA holder, receive payment in dollars and convert same into rupees within the period of 7 days and the cut and polished diamonds so supplied by non-DDA holder will also be counted towards the discharge of his export obligation and/or entitled him to replenishment licence as the case may be.

6 (f) Appeal and Revision


Appeal1. If an importer is aggrieved by the decision of the inspection Authority regarding the destruction of any plant population, he may prefer an appeal to the Plant Protection Adviser within seven days from the date of communication of the decision giving the grounds of such appeal. 2. It shall be lawful for the Plant Protection Adviser to rely on the observations of the Inspection Authority and such other expert opinion, as he may deem necessary, for deciding the appeal. 3. The memorandum of appeal under sub-clause (1) shall set out the grounds in successive paragraphs on which the decision is challenged and shall be accompanied by a bank draft drawn in favour of the Plant Protection Adviser and payable at Faridabad, evidencing the payment of a fee of Rs. 100/RevisionThe Plant Protection Adviser may, at any time, call for the records relating to any case pending before the inspection Authority for the purpose of satisfying itself as to the legality or propriety of any decision passed by that Authority and may pass such order in relation thereto, as it thinks fit.

6 (b) DTA Sales


Domestic tariff area means an area within India but does not include special economic zones; To help special economic zones (SEZs) absorb global economic shocks, the government plans to allow them to make available their excess installed capacities for the use of industrial consumers in the domestic tariff area (DTA). The idea is to ensure that industrial capacities built up in SEZs dont remain idle in case another global slowdown occurs and dry up export demand. Of course, such contract manufacturing by SEZs would be bereft of any tax relief. The move follows the reports that several SEZ developers are planning to exit due to weak demand in overseas markets consequent to the economic crisis. A set of amendments to the SEZ Rules on the cards would also include fixing time lines for development of the zones and a reduction in the mandatory minimum area for farm SEZs from 100 to 40 hectares, official sources told FE. Scores of SEZs have been hit by the global crisis. At the last count, 12 developers have sought an exit and nine of them have got the Board of Approval nod for that. The Essar group, which has almost built a steel SEZ at Hazira, is among those who want to shed the SEZ tag. 31

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The present norms mandate that SEZs can take orders from Indian companies located outside the zones (DTA) only if they are for exports. The proposed rules would allow SEZs to take up orders from any Indian firm located outside. The idea is to let SEZ units use their excess manufacturing capacity to process orders from companies located outside the zones. Experts believe that the move will give domestic companies access to state-of-the-art machinery in the zones. SEZs will be able to provide manufacturing services to DTA units. It will help the zones to achieve economies of scale, said Tapan Sangal, senor manager, PricewaterhouseCoopers. To ensure that there is no loss to the exchequer, the DTA unit will have to provide the SEZ with the required raw material, finished goods and other consumables. The SEZ units will do the value addition, a kind of contract manufacturing, and return the finished goods to the DTA firm. Prior government permission is required for taking such orders. The move will not impact the net foreign exchange commitments of the zonesearnings from exports will have to be more than imports in a block of five years. There will not be any loss to the exchequer as all inputs will be provided by the DTA unit. And since goods supplied by DTA units to SEZs for processing is not an import, there would not be any need to achieve net foreign exchange surplus for such orders, said SEZ expert Hitender Mehta, head, Vaish Associates, Gurgaon. Explaining the proposed amendment, a commerce ministry communique to SEZ developers said: The present amendment has been proposed with a view to effectively utilise the installed capacities in the SEZs, especially in times of economic downturn, and also to help the DTA units to get the benefit of value addition as would have obtained from overseas. The proposed amendments will be notified after comments are received from the SEZs. The proposed amendments also intend to erase some policy grey areas and clear some bottlenecks. For instance, the proposed amendments seek to provide a 10-year timeline for development of the minimum built up area of the zone. Moreover, it also says that the developer of the SEZ should get at least one unit approved in the zone within three years of getting the green signal. The present guidelines only say that a developer has to take effective steps to implement the approval within three years.

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