Policy |
4.1 |
The Policy relating to the Duty Exemption/Remission Scheme is
prescribed in Chapter 4 of the Policy. |
General Provision |
4.2 |
An application for grant of an Advance Authorisation/ Advance
Authorisation for Annual Requirement/DFRC/ DEPB/DFIA may be made by the
Registered office or Head office or a branch office or manufacturing
unit of the eligible exporter, to the Regional Authority (RA) concerned. |
|
4.3 |
Where the applicant is the branch office or manufacturing unit(s) of
an exporter, it shall furnish (a) Self certified copy of valid RCMC
where the name of the branch office or manufacturing unit is given. |
Advance Authorisation |
4.4 |
Where the SION have been published, an application in ‘Aayaat
Niryaat Form’, along with documents prescribed therein, shall be
submitted to the Regional Authority concerned. |
|
4.4.1 |
In case of export of gold /silver / platinum jewellery and articles
thereof, the quantity, wastage and the value addition norms shall be as
prescribed in paragraph 4A of the Policy and Handbook of Procedure
(Vol.1). |
|
4.4.2 |
In case where norms have not been published, an application in
‘Aayaat Niryaat Form’, along with prescribed documents, shall be
furnished to the concerned Norms Committee (NC) at DGFT Headquarter for
fixation of Norms.
In such cases, the original copy of the application along with
prescribed fee shall be filed with the Regional Authority concerned and
a self attested copy of the same shall be filed with NC. The
authorisations in such cases shall be issued by the RA on the basis of
recommendation of NC.
The Committee shall also function as a recommendatory authority for
SION. The Director General of Foreign Trade may notify such norms as
recommended by the NC. |
|
4.4.3 |
Applications, where Acetic Anhydride, Ephedrine and Pseudo-
ephedrine is required as an input for import, either in such cases where
norms are fixed or in such cases where norms are not fixed, shall be
filed with the Regional Authorities concerned.
Copies of such applications shall also be simultaneously endorsed to the
Drug Controller of India, Nirman Bhawan, New Delhi, Narcotics
Commissioner, Central Bureau of Narcotics, Gwalior and the respective
Zonal Director of the Narcotics Control Bureau, alongwith a declaration
that the applicant will maintain the prescribed records and also submit
the prescribed returns.
Duty free import of spices (covered by Chapter 9 of the ITC(HS)
Classifications of Export & Import items, 2004-09) for export under
Advance Authorisation scheme shall be permitted only for value addition
purposes like crushing/ grounding/sterilization or for manufacture of
oils and oleoresins and not for simple cleaning, grading, re-packing
etc. |
|
4.4.4 |
The Regional Authority, while issuing the Advance Authorisation for
the import of Acetic Anhydride, Ephedrine and Pseudo- ephedrine, shall
endorse a condition that before effecting imports, NOC shall be obtained
from the Narcotics Commissioner of India, Central Bureau of Narcotics,
Gwalior and shall also endorse a copy of the authorisation to the Drug
Controller, Nirman Bhawan, New Delhi and the concerned Zonal Director of
the Narcotics Control Bureau. |
|
4.4.5 |
Exports made against the Government of India/EXIM Bank Line of
Credit would be entitled for benefits under the Advance Authorisation
Scheme. Further, exports made under Deferred Payment/Suppliers Line of
Credit Contract backed by ECGC Cover would also be entitled for the
benefit under the Scheme. |
Advance Authorisation for applicants with multi units |
4.5 |
Transfer of any duty free material imported or procured against
advance authorisation from one unit of the company to another unit of
the same company for manufacturing purpose shall be done with the prior
intimation to the jurisdictional Excise Authorities with a clear
understanding that no benefit of CENVAT shall be claimed on such
transferred inputs. In case of non excisable company/products, the units
should maintain a proper record of the same. However to avail the
facility, all such units should be available in the IEC certificate and
follow the rules and regulation of Central Excise for jobwork. |
Advance Authorisation for Free of Cost andPaid Material |
4.6 |
In terms of paragraph 4.1.8 of the Policy, an exporter may apply for
an Advance Authorisation for import of items mentioned in paragraph
4.1.3 of the Policy, some or all of which may also include items that
are supplied free of cost.
In such cases, a specific endorsement shall be made on the exchange
control copy of the Advance Authorisation disallowing remittances for
the material being supplied free of cost. All inputs imported shall be
utilised in the manufacturing of the product except the wastage.
The value addition in the case of such Advance Authorisations would be
computed by adding the notional value of the free of cost material to
both the CIF value of imports and FOB value of exports. |
Self Declared Authorisations where SION does not exist |
4.7 |
The Regional Authority may also issue Advance Authorisations, where
SION are not fixed, based on self declaration and an undertaking by the
applicant for a final adjustment as per Adhoc/SION fixed by NC. However,
no Advance Authorisation shall be issued under this paragraph by the
Regional Authority for import of the following products:-
- All vegetable/edible oils classified under Chapter – 15 and all
types of oilseeds classified under Chapter – 12 of ITC (HS) book;
- All types of cereals classified under Chapter – 10 of ITC (HS)
book;
- All spices other than light black pepper (light berries) having
a duty of more than 30%, classified under Chapter- 9 and 12 of ITC
(HS) book;
- All types of fruits/vegetables having a duty of more than 30%,
classified under Chapter 7 and 8 of ITC (HS) book; and
- Horn, hoof and any other organ of animal.
For export of perfumes, perfumery compounds and various feed
ingredients containing vitamins, no authorisation shall be issued under
this paragraph by the Regional Authority and the applicants may apply
under Para 4.4.2 of this Handbook. Where export and/or import of
biotechnology items are involved, authorisation under this paragraph
shall be issued by the Regional Authority only on submission of a ‘No
Objection Certificate’ from the Department of Bio-Technology.
Further, duty free import of spices (covered by Chapter 9 of the ITC(HS)
Classifications of Export & Import items, 2004-09) for export under
Advance Authorisation scheme shall be permitted only for value addition
purposes like crushing/ grounding/ sterilization or for manufacture of
oils and oleoresins and not for simple cleaning, grading, re-packing
etc.
|
Entitlement |
4.7.1 |
The CIF value of one or more such authorisations shall be 500% of
the FOB and/or FOR value of preceding year exports and/or supplies in
case of status holders and Rs. 5 crore or 500% of the FOB and/or FOR
value of preceding year exports and/or supply, whichever is more, for
others.
However, in cases where NC has already ratified the norms for the same
export and import products in respect of an authorisation obtained under
paragraph 4.7, such norms shall be valid for a period of six months
reckoned from the date of ratification.
The authorisation holder in such cases shall be entitled for further
authorisation(s) as per the norms ratified by NC without the need for
subsequent ratification by NC. In such cases the applicant would file
the application under Adhoc Norms Fixed category. However, NC should
ensure that such adhoc norm(s), if not notified already, are notified
within a period of one month after six months of ratification of such
adhoc norm(s).
Authorisations shall be issued by the Regional Authority concerned under
“ Adhoc Norms Fixed” category and in such cases the application copies
need not be forwarded to the NC for fixation/ratification of norms. |
|
4.7.2 |
Once the norms are fixed by NC, the value limits mentioned in sub
paragraph 4.7.1 above would not be applicable to Advance Authorisations
issued under this paragraph. Such authorisations, subsequent to fixation
of norms by NC, may be enhanced.
It is mandatory for the industry to provide production data etc. as may
be required by DGFT/EPC for fixation of SION. Otherwise, the applicant
shall not be allowed to take the benefit of Advance Authorization scheme
for taking repeat advance authorization on self-declared basis. |
Authorisation in Excess of Entitlement |
4.7.3 |
An applicant shall be entitled for authorisation under this
paragraph in excess of entitlement mentioned in paragraph 4.7.1 subject
to furnishing of 100% Bank Guarantee to Customs authority to cover the
exemption from Customs duties. A specific endorsement to this effect
shall be made on the authorisation. |
Application |
4.7.4 |
The original application with prescribed documents shall be
submitted to the concerned Regional Authority. The Regional Authority
shall forward a copy of the application within 7 days from the date of
issue of such authorisations to NC for fixation of norms within the
prescribed time. |
Undertaking |
4.7.5 |
The applicant shall give an undertaking that he shall abide by the
norms fixed by NC and accordingly pay duty, together with 15% interest,
on the unutilised inputs as per norms fixed by NC. However the holder of
the authorisation has the option to undertake additional export
obligation in proportion to the excess unutilized inputs. In case the
application is rejected by the NC, then the authorization holder shall
pay the customs duty saved along with 15% interest on the imported
inputs.
In addition, an amount equivalent to 3% of the CIF value of unutilised
imported material shall be required to be deposited through a TR in the
authorised branch of Central Bank of India indicating the “Head Account:
1453, Foreign Trade and Export Promotion and Minor Head 102”. The
Authorisation holder shall also be required to obtain a separate import
licence for regularisation of the excess imported input(s). However, the
provisions of this sub-paragraph shall not be applicable if the
unutilised imported material was freely importable on the date of
import. |
|
4.7.6 |
In such cases, where the norms are not finalised by NC within four
months from the date of issuance of authorisation, the norms as applied
for shall be treated as final and no adjustment will be made. However,
where the application for fixation of adhoc/ SION is rejected on account
of non-furnishing of required documents/ information, the authorisation
holder shall be liable for penalty as stated in the above paragraph. In
case SION for the said product is notified, the SION would be made
applicable for the purpose of deciding the wastage norm and export
obligation.
In such cases where the export obligation is completed pending fixation
of norms by NC, the entitlement for the authorisation as given in
paragraph 4.7.1 may be re-credited upon production of documentary
evidence (copies of Shipping bill/ bill of export /Central Excise
certified copies of invoices) showing fulfillment of export obligation
in respect of the previous authorisations. However, bond waiver/
redemption shall not be allowed pending fixation of norms in such cases. |
Financial Powers |
4.8 |
The financial powers are given in the table below: |
Category of Application |
On published norms and under paragraph- 4.7 of
this Handbook |
Regional Authority |
Regional Authorities on the recommendation of
NC. |
|
Petroleum / Petrochemical products & Advance Authorisation
for Annual Requirements |
Others |
Petroleum / Petrochemical products & Advance Authorisation
for Annual Requirements |
Others |
CIF value of Authorisation |
Less than Rs. 500 crore |
Less than Rs. 100 crore |
Rs. 500 crore or above |
Rs. 100 crore or above |
|
Standardisation of Adhoc Norms |
4.9 |
For standardization of norms, an application may be made by the
manufacturer exporter or merchant exporter tied to supporting
manufacturer, duly filled in with complete data. Such applications shall
be made to the Norms Committee (NC) in the form given in ‘Aayaat Niryaat
Form’.
Import of fuel may also be allowed under SION by NC subject to the
following: -
- The facility of import of fuel shall be allowed only to the
manufacturer having captive power plant .
- In cases where SION specifically allows fuel, the same shall be
permitted under advance authorisation. However, if fuel is not
covered specifically under SION, it may be allowed as per general
fuel Policy for products covered under SION or under paragraph 4.7.
- Fuel should be allowed only against an actual user
authorisation. However in case of transferable DFIA/DFRC, fuel can
only be transferred to agencies granted marketing rights by the
Ministry of Petroleum and Natural Gas.
- Even where fuel is included as an input under SION, it shall not
be taken into account while fixing the DEPB rate for such products
against which fuel has been allowed as an input.
- The applications of fixation for fuel entitlement for new
sectors and modification of the existing entitlement as per the
General Note for Fuel in the Handbook of Procedures (Vol.2) would be
made to the Norms Committee along with the requisite data in ‘Aayaat
Niryaat Form’ pertaining to the “Data Sheet for Fuel Rate”.
The Advance Authorisation holders wishing to procure the fuel
indigenously may apply for an Advance Release Order or Back to Back
Inland Letter of Credit. The indigenous supplier supplying fuel
shall be entitled for deemed export benefits given in paragraph
8.3(a), (b) & (c) of the Policy, as the case may be. In case the
indigenous supplier is not willing to avail of deemed exports
benefits under such supplies of fuel to the Advance Authorisation
holder, he may issue a disclaimer (along with his IEC Number
enclosed on it) on the basis of which the Advance Authorisation
holder can avail of the deemed export benefits as per procedure
given in Chapter 8 of this Handbook.
|
Modification of SION |
4.10 |
An application for modification of existing SION may be filed before
the NC by manufacturer exporter or merchant-exporter, tied to supporting
manufacturer, in the form given in ‘Aayaat Niryaat Form’. |
Amendment of Export item and inputs |
4.10.1 |
An application for amendment of an export item or inputs under SION
or under Adhoc Norms may be filed by any manufacturer or merchant
exporter as per ‘Aayaat Niryaat Form’ of this Handbook.
The applicant would give the justification for seeking the amendment and
the same would be considered by the Regional Office with the specific
approval of the head of the Office. In case of any major change in the
input or the request for more wastage to that allowed under SION or the
adhoc norm, the same should be referred to NC for ratification. |
Revision of SION by NC |
4.10.2 |
At the beginning of the financial year or at any other time as NC
may find it necessary, NC may identify the SIONs which in its opinion
are required to be reviewed. The exporters are required to submit
revised data in form given in ‘Aayaat Niryaat Form’ for such revision.
It is mandatory for the industry/ exporter(s) to provide production and
consumption data etc. as may be required by DGFT/EPC for revision of
SION. Otherwise, the applicant shall not be allowed to take the benefit
of Advance Authorization scheme. |
Description of an Advance Authorisation |
4.11 |
An Advance Authorisation shall specify:
- the names and description of items to be imported and exported /
supplied;
- the quantity of each item to be imported or wherever the
quantity cannot be indicated, the value of the item shall be
indicated. However, if in Standard input output norms, the quantity
and/or value of individual inputs is a limiting factor, the same
shall be applicable.
- the aggregate CIF value of imports; and
- the FOB/FOR value and quantity of exports/ supplies.
|
Exports in Anticipation of Authorisation |
4.12 |
Exports/supplies made from the date of EDI generated file number for
an Advance Authorisation, may be accepted towards discharge of export
obligation. Shipping/Supply document(s) should be endorsed with the File
Number or the Authorisation Number to establish co-relation of the
exports/ supplies with the Authorisation issued. If the application is
approved, the authorisation shall be issued based on the input- output
norms in force on the date of receipt of the application by the Regional
Authority in proportion to the provisional exports/ supplies already
made till any amendment in the norms is notified. For the remaining
exports, the Policy/ Procedures in force on the date of issue of the
authorisation shall be applicable. |
|
4.12.1 |
The exports/supplies made in anticipation of the grant of an Advance
Authorisation shall be entirely on the risk and responsibility of the
exporter. |
|
4.12.2 |
The conversion of duty free shipping bills to drawback shipping
bills may also be permitted by the customs authorities in case the
application for an Advance Authorisation is rejected or modified by the
Regional Authority. |
Advance Authorisation or DFRC or DFIA for Intermediate Supplies |
4.13 |
The application for grant of Advance Authorisation or DFRC or DFIA
for Intermediate supply may be made on the basis of a tie-up agreement
with the exporter (physical/deemed) holding an Advance authorisation or
DFRC or DFIA . The Regional Authority concerned shall consider such
requests.
The Advance Authorisation or DFRC or DFIA for Intermediate supply shall
be issued after making the Authorisation/Certificate invalid for direct
import of items to be supplied by the intermediate manufacturer. In such
cases, a copy of the invalidation letter will be given to the
Authorisation/Certificate holder and copy thereof will be sent to the
intermediate supplier as well as the Regional Authority of the
intermediate supplier. The Authorisation/Certificate holder in such case
has an option either to supply the intermediate product to holder of
Advance Authorisation/DFRC/DFIA or to export (physical/deemed) directly.
However, once the Electronic message transfer facility among the
Regional Authorities becomes fully operational, the requirement of
sending a copy of the invalidation letter/ARO to the jurisdictional
Regional Authority shall not be required.
The facility of Advance Authorisation shall be available even in cases
where the intermediate supplier has supplied or intend to supply the
material subsequent to fulfilment of export obligation by the exporter
holding the Advance Authorisation/ DFIA from where the invalidation
letter was issued. |
Advance Release Order |
4.14 |
An application may be made to the Regional Authority concerned for
grant of Advance Release Order (ARO) to procure the inputs from
indigenous sources/State Trading Enterprises. |
|
4.14.1 |
The application shall specify (i) the name, description and quantity
of the items and (ii) the individual value of items to be procured. An
ARO may be issued along with the Advance Authorisation / DFRC/ DFIA or
subsequently, and its validity shall be co-terminus with the validity of
the Advance Authorisation/ DFRC/ DFIA as specified in this Handbook.
An ARO issued for the procurement of an individual item shall be
automatically valid for procurement from one or more indigenous sources. |
Back to Back Inland Letter of Credit (L/C) |
4.15 |
The exporter may alternatively avail the facility of a back to back
inland letter of credit from the banks. A holder of an Advance
Authorisation/ DFRC/ DFIA , may approach a bank for opening an inland
letter of credit (L/C) in favour of an indigenous supplier. |
|
4.15.1 |
Before opening the L/C, the bank will ensure that the necessary BG /
LUT has been executed by the Advance Authorisation holder/
non-transferable DFIA and an endorsement to that effect has been made on
the authorisation.
However, execution of BG/LUT shall not be required against DFRC or
transferable DFIA . After opening the inland L/C, the bank shall make
the following endorsement on the Exchange Control and Customs copy of
the Advance Authorisation/ DFRC/ DFIA :
“The value of this Advance Authorisation/ DFRC/ DFIA stands reduced by a
sum of Rs. , being the value of the inland LC No.________ opened today
by the licensee in favour of M/s (name and address of the indigenous
supplier).” |
|
4.15.2 |
The Authorisation/Certificate shall be invalidated by the bank for
direct import only in respect of the full quantity and value of the item
being sourced indigenously. |
|
4.15.3 |
The original Letter of credit (L/C) may be retained by the bank for
negotiation and only the non-negotiable copy of the L/C may be given to
the indigenous supplier. |
|
4.15.4 |
The responsibility of the bank shall be confined to making the
endorsement. The bank shall not be liable for any misrepresentation or
false statement made by the Authorisation/ Certificate holder while
requesting the bank to make the endorsement. The inland L/C opened by
the bank in favour of the indigenous supplier shall not be canceled for
any reason whatsoever. |
|
4.15.5 |
The non-negotiable copy of inland L/C together with the photocopy of
the Advance Authorisation/ DFRC/ DFIA duly carrying endorsements made by
the bank shall be sufficient for the indigenous supplier to claim deemed
export benefits. L/C issued against DFRC shall, however, be entitled
only to benefit given in paragraph 8.3(b) of Policy, whereas L/C for
other categories shall be entitled to benefits given in paragraph 8.3
(b) and (c) of the Policy. |
|
4.15.6 |
Where the import of gold/silver is permitted as an input under this
scheme, such gold/silver can be sourced through the nominated agencies
as given in paragraph 4A onwards in Chapter-4 of the Policy for supply
against the Advance Authorisations/ DFRC/ DFIA issued in this behalf.
Before supply of the material, the nominated agencies should follow the
same procedure as given in paragraph 4.15.1 above. |
Facility of Supporting Manufacturers/ Jobber/ Co-Authorisation
Holder |
4.16 |
The imported material may be used in any of the units of the holder
of Advance Authorisation or non-transferable DFIA or jobber/supporting
manufacturer provided the same is endorsed on the authorisation by the
regional office. If the applicant desires to have the name of any
manufacturer or jobber added to the authorisation, he may apply for such
endorsement. Such endorsement shall be mandatory where prior import
before export is a condition for availing Advance Authorisation/DFIA
scheme and the Authorisation holder desires to have the material
processed through any other manufacturer or jobber.
Upon such endorsement made by the Regional Authority, the authorization
holder and co-authorisation holder shall jointly and severally be liable
for completion of export obligation. Any one of the Co-Authorisation
holders may import the goods in his name or in the joint names. The
BG/LUT shall also be furnished in their joint names.
However if the Authorisation holder is registered with the Central
Excise, he has an option of getting the names of the jobber endorsed by
the Central Excise as per the Central Excise Rules in lieu of the
endorsement on the authorisation by the regional office. In case the
manufacturer exporter holding the authorisation is not registered/not
required to be registered with the Central Excise authority, the job
work may be allowed as per the Central Excise rules and regulations
without insisting for endorsement of the name of the supporting
manufacturer. However, the authorisation holder shall be solely
responsible for the imported items and fulfillment of export obligation.
In case Bank Guarantee/LUT has been redeemed, the Advance Authorization
holder can get the duty free inputs processed from any manufacturer
under Actual User condition as per job work regulations prescribed under
the Central Excise Rules. However, such restriction shall not be
applicable in case of transferable DFIA holder. |
Facility Of Co-Licensee |
4.17 |
Deleted |
Acceptance of BG/LUT |
4.18 |
At the time of issue of the authorisation, the acceptance of the
undertaking given by the applicant to the Regional Authority concerned
in the form given in ‘Aayaat Niryaat Form’ will be endorsed on the
reverse of the Advance Authorisation. |
Note:- |
(a) |
No BG/LUT will be required where the specified export obligation has
been fulfilled before making any import. In case of partial fulfillment
of export obligation before effecting any imports, the BG/ LUT may be
reduced proportionately.
The Authorisation holder shall also produce EP copy of the shipping
bills and Bank Certificate of Export and Realisation, and a statement of
exports giving details of shipping bill wise exports indicating the
shipping bill number, date, FOB value as per shipping bill and
description of export product substantiating the completion or the
partial fulfillment of the export obligation to the Regional Authority
concerned.
However, realization of export proceeds shall not be insisted if the
shipments are made against confirmed irrevocable letter of credit or
bill of exchange is unconditionally Avalised/ Co- Accepted/ Guaranteed
by a bank and the same is confirmed by the exporters bank. In both these
arrangements, certification of this is to be made by the bank in column
14/ 15 of Appendix 22A. |
|
(b) |
In respect of an Advance Authorisation on which “No BG/ LUT”
facility has been provided, the Regional Authority shall forward a copy
of the “No Bond Certificate” indicating the shipping bill number, date,
FOB value as per shipping bill and description of export product, in
respect of shipment which were taken into account for calculating
fulfilment of export obligation to the Customs Authorities with whom the
authorisation is required to be registered. Such details shall also be
placed by the zonal offices in their website immediately after issuance
of the export obligation discharge/redemption letter/No Bond Certificate
and by DGFT Hqr in DGFT website on monthly basis for the customs
authority to access it from the website.
Before allowing the imports against Advance Authorisation, the Customs
shall verify that the details of the exports as given in the “No Bond
Certificate”, are as per their records. |
|
(c) |
The cancellation/ redumption of BG/LUT would be undertaken by the
Customs within 30 days of issue of Export Obligation Discharge
Certificate (EODC) /bond waiver by the regional office. |
Port of Registration |
4.19 |
The Advance Authorisation shall be issued for the purpose of import
and export through one of the sea ports or airports or ICDs or LCS
specified below. The Authorisation holder shall register the
authorisation at the port specified in the authorisation and thereafter
all imports against the said authorisation shall be made only through
that port, unless the Authorisation holder obtains permission from the
Customs Authority concerned to import through any other specified port.
However, exports may be made through any of the specified ports.
Sea Ports |
Mumbai, Kolkata, Cochin, Kakinada, Kandla, Mangalore,
Marmagoa, Chennai, Paradeep, Pipavav, Sikka, Tuticorin
Vishakhapatnam, Dahej, Nagapattinam, Okha, Mundhra , Surat
(Magdalla), Jamnagar, Nhava Sheva. |
Air-ports |
Ahmedabad, Bangalore, Bhubaneshwar Mumbai, Kolkata
Coimbatore Air Cargo Complex, Cochin, Delhi, Hyderabad, Jaipur,
Srinagar, Trivandrum, Varanasi, Nagpur and Chennai. |
ICDs: |
Agra, Bangalore, Coimbatore, Delhi, Faridabad, Gauhati
(Amingaon), Guntur, Hyderabad, Jaipur, Jallandhar, Kanpur,
Ludhiana, Moradabad, Nagpur, Pimpri (Pune), Pitampur (Indore),
Surat, Tirupur, Varanasi, Nasik, Rudrapur(Nainital), Dighi
(Pune), Vadodara, Daulatabad, (Wanjarwadi and Maliwada), Waluj
(Aurangabad), Anaparthy, Salem Mallanpur, Singanalur, Jodhpur,
Kota, Udaipur, Ahmedabad, Bhiwadi, Madurai, Bhilwara,
Pondicherry, Garhi Harsaru Bhatinda, Dappar, Chheharata
(Amritsar), Karur, Miraj, Rewari, Bhusawal, Jamshedpur,
Surajpur, Dadri and Tuticorin. |
LCS |
Ranaghat , Singhabad , Raxaul, Jogbani, Nautanva (Sonauli),
Petrapole, Mahadipur and Dawki |
SEZ |
Any SEZ notified by the Central Government shall also be one
of the specified ports for import and export under this
paragraph. |
|
|
4.19.1 |
The Commissioner of Customs may, either by a public notice or on the
written request of the authorisation holder, by a special order and
subject to such conditions as may be specified by him, also permit
imports and exports from any seaport/airport/ ICD or land custom station
other than those mentioned above. |
|
4.19.2 |
In such cases, where the authorisation has not been registered at
the port specified in the authorisation and no import has taken place,
the request for change in the Port of Registration may be considered by
the Regional Authority concerned provided the authorisation has not been
redeemed. |
|
4.19.3 |
For imports from the Airport/Seaport/ICD other than the port of
registration, a Telegraphic Release Advice (TRA) shall also be issued by
the Customs Authority at the port of registration to the customs
authority at the port of import. |
Facility of Clubbing |
4.20 |
The facility of clubbing shall be available only for redemption/
regularisation of the cases and no further import or export shall be
allowed. For this facility, authorisations are required to have been
issued under similar Customs notification even pertaining to different
financial years. However in case of authorisations issued in 2004-09
period, Advance Authorisations of different customs notification can be
clubbed. |
|
4.20.1 |
The Regional Authority, under whose jurisdiction the authorisation
is issued or NC in other cases, shall consider a request for clubbing
all imports and exports of more than one Advance Authorisation provided
the imported inputs are properly accounted for as per norms. The value
addition of the authorisations so clubbed shall be the average of the
minimum value addition prescribed in the Policy and the Procedure laid
thereunder, imposed on individual authorisations. Upon clubbing, the
authorisations shall, for all purposes, be deemed to be one
authorisation. |
|
4.20.2 |
The accountability of imports and exports shall be restricted in
relation to the individual categories of Advance Authorisations
including Advance Authorisation for annual requirements issued under
this scheme. |
|
4.20.3 |
The facility is available only for Advance Authorisation(s) where
there is shortfall in fulfillment of export obligation, and which is
sought to be clubbed with an Advance Authorisation(s) which is valid for
imports. For expired authorisation(s) with EO shortfall and which is
sought to be clubbed with an Advance Authorisation(s) which is valid for
imports, the applicant shall pay the composition fee for E.O. period
extension as per the provision of paragraph 4.22. |
|
4.20.4 |
In such cases, the exports effected beyond the E.O. extension period
(allowed in terms of paragraph 4.22) after the issuance of the earliest
authorisation shall not be considered for clubbing. |
|
4.20.5 |
Notwithstanding the provisions of para 4.20.3 and 4.20.4 above,
Clubbing of all expired licences may also be permitted provided all the
expired licences have been issued during the Exim Policy period
1992-1997 & 1997-2002 i.e., 1st April, 1992 to 31st March, 2002. However
clubbing of erstwhile Value Based Advance licences shall not be allowed. |
Enhancement/ Reduction in the Value of Authorisation |
4.21 |
In respect of an Advance Authorisation, the Regional Authority
concerned (as per their financial powers) may consider a request for
enhancement/ reduction in the CIF value of the authorisation, provided
the value addition after such enhancement does not fall below the
stipulated minimum value addition (as per the policy and the procedure
laid thereunder) and provided there is no change in the input-output
norms and the Policy under which the authorisation was issued. |
|
4.21.1 |
The Regional Authority concerned (as per their financial powers) may
also consider the request for enhancement/ reduction in CIF value,
quantity of inputs, FOB value of export obligation and quantity of
exports of an Advance Authorisation provided there is no change in the
input output norms and value addition after such enhancement does not
fall below the minimum value addition stipulated in the Policy and the
Procedure laid thereunder . |
|
4.21.2 |
The request for prorata enhancement in value and quantity may be
made either before or after exports. In such cases where there is a
change in the SION prior to the export of the said product, the prorata
enhancement shall be given after calculating the entitlement on the
revised SION. |
|
4.21.3 |
The application for the enhancement/ reduction in the value of the
authorisation shall be made in ‘Aayaat Niryaat Form’ of the Handbook of
Procedure (Vol. 1). |
Application fee for enhancement |
4.21.4 |
The application fee leviable for enhancement would be on the
difference in the CIF values of the original and final authorisation.
However, no application fee would be charged if the value of the
authorisation is being reduced or the applicant has paid the maximum fee
of Rs 150,000 ( for manual applications) and Rs 75,000 (for digitally
signed applications) respectively in the original application for
Advance Authorisation. |
Export Obligation Period and its Extension |
4.22 |
The period of fulfillment of export obligation under an Advance
Authorisation shall commence from the date of issuance of authorisation.
The export obligation shall be fulfilled within a period of 24 months
except in the case of supplies to the projects/turnkey projects in
India/abroad under deemed exports category where the export obligation
must be fulfilled during the contracted duration of execution of the
project/ turnkey project.
In case of Spices (covered by chapter 9 of the ITC (HS) Classifications
of Export & Import Items, 2004-09), the export obligation shall be
fulfilled within a period of 90 days from the date of receipt of the
first import consignment i.e. the date on which the first import
consignment is cleared by the customs authorities against the
authorisation.
However, in case of Advance Authorisations for drugs, which have been
issued against a specific export order and with pre- import condition,
the period of fulfillment of export obligation shall commence from the
date of import of the first consignment and shall be fulfilled within a
period of 6 months. Similarly in the case of advance authorisation for
tea, the period of fulfillment of export obligation shall commence from
the date of import of first consignment and should be fulfilled within a
period of six months. |
|
4.22.1 |
The request for extension in export obligation
period may be made in the form given in ‘Aayaat Niryaat Form’. The
Regional Authority shall grant one extension for a period of six months
from the date of expiry of the original export obligation period to the
authorisation holder subject to payment of composition fee of 2% of the
duty saved on all the unutilized imported items as per authorisation.
Request for a further extension of six months may be considered by the
Regional Authorities subject to payment of composition fee of 5% of the
duty saved on all the unutilized imported items as per authorisation.
For all the cases of export obligation extension above, the composition
fee on the duty saved on all the unutilized imported items would be
computed with reference to the actual exports and imports made by the
Authorisation holder.
However, the facility of extension of export obligation period shall not
be allowed in case of Advance Authorisation wherein import of penicillin
and its salts (ITC(HS) Code No. 29411010) and 6 – APA (ITC(HS) Code No.
29411 050) have been allowed as an input. The Regional Authority shall
make an endorsement in the Advance Authorisation to this effect.
However, such extensions would not be permitted in the case of the
erstwhile Value Based Advance licences (VABALs) . Additionally, no
extension in export obligation would be allowed in respect of
authorisations where misrepresentation/ fraud has come to the notice of
the Regional Authorities. Further, in respect of authorisations/licences
where adjudication orders have already been passed, no extension in
export obligation period shall be admissible. |
|
4.22.2 |
The Customs may allow provisional clearance of export consignment as
and when the Authorisation holder produces documentary evidence of
having applied for EO extension to the concerned RA. |
Revalidation Of Authorisation |
4.23 |
The Regional Authority may consider a request of the original
authorisation holder and grant one revalidation for a period of six
months from the date of expiry of the original authorisation. The
request(s) for revalidation of authorisation shall be made in the form
given in ‘Aayaat Niryaat Form’. |
Monitoring of Obligation |
4.24 |
The Regional Authority, with whom the Undertaking is executed by the
Advance Authorisation holder, shall maintain a proper record in a master
register indicating the starting and closing dates of obligation period
and other particulars to monitor the export obligation.
Within two months from the date of expiry of the period of obligation,
the authorisation holder shall submit requisite evidence in discharge of
the export obligation in accordance with paragraph 4.25 of the Handbook.
However, in respect of shipments where six months period (one year in
case of status certificate holder) for realisation of foreign exchange
has not become due, the Regional Authority shall not take action for non
submission of bank certificate of exports and realisation provided the
other document substantiating fulfillment of Export Obligation have been
furnished. |
|
4.24.1 |
In case the Authorisation holder fails to complete the export
obligation or fails to submit the relevant information/ documents, the
Regional Authority shall take action by refusing further authorisations,
enforce the condition of the authorisation and undertaking and also
initiate penal action as per law. |
Advance Authorisation for Annual Requirement |
4.24A |
- The exporters eligible for such authorisations shall file an
application in ‘Aayaat Niryaat Form’ to the Regional Authority under
whose jurisdiction the manufacturing unit of the applicant is
located.
The Head office/Registered office of the company can also file an
application on behalf of the manufacturing unit. In such cases, the
Head office/Registered office shall furnish full address of the
factory where the inputs shall be used in the resultant product for
exports.
In case of merchant exporters, the application shall be made by the
Head office/ Registered office mentioning the name and address of
the supporting manufacturer
which shall be endorsed on the condition sheet attached to the
authorisation.
- The applicant shall have the flexibility to import any input in
respect of items mentioned in the authorisation. Items reserved for
imports by State Trading Enterprises cannot be imported against
Advance Authorisation. However those items can be procured from
State Trading Enterprises against ARO issued to Advance
Authorisation holder. The Authorisation holder shall have to account
for the inputs as per SION/ individual norms fixed by Norms
Committee within the time period prescribed in this regard.
In respect of export products for which Standard Input Output Norms
does not exist, the authorisation holder shall submit an application
in ‘Aayaat Niryaat Form’ alongwith prescribed documents to NC before
making the shipment. The applicant shall also furnish Advance
Authorisation for Annual Requirement number and date alongwith the
file number from which the same was issued in the covering letter to
the application.
In such cases where there is a change in SION/ individual norms
fixed by Norms Committee during the validity period of the
authorisation, the Authorisation holder shall account for raw
material in respect of the exports made prior to the date of
amendment, as per pre-revised norms and for exports made on or after
the date of amendment as per revised norms.
However, in respect of following inputs, the exporter shall be
required to give declaration with regard to technical
characteristics, quality and specifications in the application for
Advance Authorisation for annual requirement and in the shipping
bills. The Regional Authority while issuing the authorisation shall
mention the technical characteristics, quality and specifications in
respect of such inputs:-
Alloy steel including stainless steel, copper alloy, synthetic
rubber, bearings, solvents, perfumes/ essential oils/aromatics
chemicals, surfactants, relevant fabrics and marble.
- At the time of imports, the Authorisation holder shall furnish
the details of inputs to the Customs Authorities for making entries
in the imports column. The Authorisation holder shall maintain the
nexus in the imported inputs and the resultant product.
- The applicant shall furnish details of the export product group,
CIF value of authorisation and FOB value of the export obligation.
However, the Authorisation holder shall have the flexibility to
export any product falling under the export product group using the
duty exempted material.
- The authorisation shall be valid for 24 months for imports and
exports from the date of its issuance. Revalidation shall be
governed by paragraph 4.23 of this handbook. Each authorisation will
have one port of registration for imports. Exports can take place
from any port mentioned in paragraph 4.19.
The request(s) for revalidation of authorisation shall be made in
‘Aayaat Niryaat Form’.
- Within the eligibility, an exporter may apply for one or more
than one authorisations in a licensing year, subject to the
condition that against one port of registration only one
authorisation can be issued for the same product group.
On completion of export obligation against one or more
authorisations, all issued in the same licensing year, the
entitlement of an exporter for that licensing year shall be deemed
to be revived by an amount equivalent to the export obligation
completed against the authorisation(s).
- After expiry of the export obligation period, including the
extended export obligation period, if any, the Authorisation holder
shall furnish proof of having fulfilled export obligation by
submitting the documents prescribing in paragraph 4.25. In case of
bonafide default in fulfillment of export obligation, the
Authorisation holder can apply for regularization in terms of
paragraph 4.28.
|
|
4.24B |
The provisions contained in paragraph 4.24A shall also be applicable
to “for intermediate supplies” so far as they are not inconsistent with
the following:
The facility is also available for intermediate supplies for the cases
where the intermediate supplier intends to supply the material against
invalidation letters issue to the holders of Advance Authorisation. In
such cases, a copy of the invalidation letter which makes the
authorisation invalid for direct import of items to be supplied by the
intermediate manufacturer will be given to the Authorisation holder and
copy thereof will be sent to the intermediate supplier as well as the
Regional Authority of the intermediate supplier.
However, once the Electronic message transfer facility among the
Regional Authorities becomes fully operational, the requirement of
sending a copy of the invalidation letter/ARO to the jurisdictional
Regional Authority shall not be required.
Further the invalidation letters should also contain the Authorisation
number and date of ‘Advance Authorisation for annual Requirement’ to
enable proper accounting of the invalidation letters. These would be
submitted to the Regional Authority concerned by the intermediate
supplier for the purpose of closure of Authorisation. |
Fulfillment Of Export Obligation |
4.25 |
The Authorisation holder shall furnish the following documents in
support of having fulfilled the export obligation:
- For physical exports:
- Bank Certificate of Exports and Realisation in the form
given at Appendix-22A or Foreign Inward Remittance Certificate
(FIRC) in the case of direct negotiation of documents or
Appendix –22B in case of offsetting of export proceeds. However,
realisation of export proceeds shall not be insisted if the
shipments are made against :
- confirmed irrevocable letter of credit or
- bill of exchange is unconditionally Avalised/ Co-
Accepted/ Guaranteed by a bank and the same is confirmed by
the exporters bank.
The stipulations at (a) or (b) above must be certified by
the bank in column 14/15 of Appendix- 22A.
- EP copy of the shipping bill(s) containing details of
shipment effected or bill of export in case of export to SEZ.
- A statement of exports giving details of shipping bill wise
exports indicating the shipping bill number, date, FOB value as
per shipping bill and description of export product.
- A statement of imports indicating bill of entry wise item of
imports, quantity of imports and its CIF value.
- For deemed exports (including intermediate supplies):
- A copy of the invoice or a statement of invoices duly signed
by the unit receiving the material and their jurisdictional
excise authorities certifying the item of supply, its quantity,
value and date of such supply.
However in case of supply of items which are non excisable or
supply of excisable items to a unit producing non excisable
product(s), a project authority certificate (PAC) certifying
quantity, value and date of supply would be acceptable in lieu
of excise certification.
However, in respect of supplies to EOU/EHTP/ STP/ BTP, the
supplier has the additional option to furnish a copy of
CT-3/ARE-3 duly signed by the jurisdictional excise
authorities/Bond Officer certifying the item of supply, its
quantity, value and date of such supply in lieu of the excise
attested invoice (s) or statement of invoices as given above.
- Payment certificate from the project authority in the form
given in Appendix-22C. In the case of supplies to EOUs/ EHTPs/
STPs / BTPs, deemed exports (including Intermediate Supplies),
documentary evidence from the bank substantiating the
realisation of proceeds from the Authorisation holder or
EOUs/EHTPs/ STPs/ BTPs or the Project Authority, as the case may
be, through the normal banking channel, shall be furnished in
the form given at Appendix-22B. However realisation of proceeds
shall not be insisted upon if the shipments are made against:
- confirmed irrevocable inland letter of credit or
- inland bill of exchange is unconditionally Avalised/ Co-
Accepted/ Guaranteed by a bank and the same is confirmed by
the exporters bank.
The stipulations at (a) or (b) above must be certified by
the bank in column 5/6/7 of Appendix- 22B.
- A statement of supplies giving details of supply invoices
and indicating the invoice number, date, FOR value as per
invoices and description of product.
- A statement of imports indicating bill of entry wise item of
imports, quantity of imports and its CIF value.
|
Redemption |
4.26 |
In case the export obligation has been fulfilled, the Regional
Authority shall redeem the case.
After redemption, the Regional Authority shall forward a copy of the
redemption letter indicating the shipping bill number(s), date(s), FOB
value in Indian rupees as per shipping bill(s) and description of export
product to the Customs Authority at the port of registration. Such
details shall also be placed by the zonal offices in their website
immediately after issuance of the export obligation discharge/redemption
letter/No Bond Certificate and by DGFT Hqr in DGFT website on monthly
basis for the Customs Authority to access it from the website.
Before discharging BG/LUT against Physical Exports, the Customs shall
verify that the details of the exports as given in the “Redemption
Certificate”, are as per their records. However before discharging
BG/LUT against Intermediate Supplies and Deemed Exports, the Customs
shall verify the details of the supplies from the Central Excise
Authorities/Bond Officer.
Ordinarily, redemption of BG/LUT shall not preclude the customs
authority from taking action against the Authorisation holder for any
misrepresentation, mis-declaration and default detected subsequently.
Further the Regional Authority shall also take action against the
Authorisation holder in case of non-submission of Appendix 23, duly
filled in, as stipulated in Paragraph 4.30 of this Handbook or for any
misrepresentation, misdeclaration and default detected subsequently in
the details declared and furnished in Appendix 23. An endorsement to
this effect shall be made by the Regional Authority in the redemption
certificate. |
Transitional Arrangement for Licences issued upto 31.8.2004 |
4.27 |
The Advance Licence including Advance Licence for Annual Requirement
issued upto 31.8.2004 shall be governed by the provisions contained in
Chapter-7 of the Handbook (Vol.1) (RE-2001) and Chapter 4 of the
Handbook (2002-2007 as Notified on 31.3.2002) respectively as amended
from time to time, excepting the provisions relating to clubbing and
extension in E.O. period which shall be governed by the provisions of
paragraphs 4.20 and 4.22.1 respectively of this Handbook and any other
provision, as notified by DGFT.
However, wherever Customs duty is to be paid on unutilised material, the
same shall be paid alongwith interest @15% per annum thereon. This
facility shall be available to all pending cases of regularisation of
bonafide default against Advance Licences, irrespective of the date of
its issuance including erstwhile Advance Licence for physical exports,
Annual Advance Licence, Advance Licence for deemed exports or Special
Imprest Licence and Advance Licence for Intermediate supply or
Intermediate Licence. |
Regularisation Of Bonafide Default |
4.28 |
The cases of a bonafide default in fulfillment of export obligation
may be regularised by the Regional Authority in the manner indicated
below:
- If the export obligation is fulfilled in terms of value, but
there is a shortfall in terms of quantity, the Authorisation holder
shall, for the regularisation, pay:
- To the Customs Authority, customs duty on the unutilised
value of the imported material alongwith interest at the rate of
15% per annum thereon; and
- An amount equivalent to 3% of the CIF value of unutilised
imported material through a TR in the authorised branch of
Central Bank of India indicating the “Head of Account: 1453,
Foreign Trade and Export Promotion and Minor Head 102”. The
Authorisation holder shall also be required to obtain a separate
import licence for regularisation of the excess imported input.
However, the provisions of this sub paragraph shall not be
applicable if the unutilised imported material was freely
importable on the date of import.
- If the export obligation is fulfilled in terms of quantity but
there is shortfall in terms of value, no penalty shall be imposed if
the Authorisation holder has achieved the minimum value addition
prescribed in the policy and the procedure laid thereunder. However,
if the value addition falls below the minimum value addition
prescribed in
the policy and the procedure laid thereunder, the
Authorisation holder shall be required to deposit an equivalent
amount through TR in the authorised branch
of Central Bank of India indicating the “Head of
Account-1453 Foreign Trade and Export Promotion- Minor Head –102” so
that the 100 times the deposited amount and the FOB value realised
in Indian rupees together account for prescribed minimum value
addition over the CIF value.
This shall be calculated with reference to actual quantity of
exports and FOB value of realisation with reference
to prorata quantity of imports and CIF value. For
example, if the export performance is only 50% quantitywise but
import has been for the complete CIF value permitted, then the value
addition would be calculated on a prorata basis, i.e with reference
to 50% of the CIF value of imports. This would accordingly imply
that where the Authorisation holder is unable to
export, no penalty on valuewise shortfall shall be
imposed.
- If the export obligation is not fulfilled both in terms of
quantity and value, the Authorisation holder shall, for the
regularisation, pay as per (i) and (ii) above.
- In case an exporter is unable to complete the export obligation
undertaken in full and he has not made any import under the
Authorisation, the Authorisation holder will also have an option to
get the Authorisation canceled and apply for drawback after
obtaining permission from the Customs Authorities for conversion of
shipping bills to Drawback Shipping Bills.
- The Regional Authority shall compare the relevant portion of
Appendix-23 duly verified and certified by Chartered Accountant with
that of norms allowed in the Authorisation(s) and the actual
quantity imported against the Authorisation(s) in the beginning of
the financial year for all such Authorisations redeemed in the
preceeding licensing year. In this verification process, in case if
it is found that the Authorisation holder has consumed lesser
quantity of inputs than imported, the authorisation holder shall be
liable to pay customs duty on the unutilized value of imported
material alongwith interest @ 15% per annum thereon or effect
additional export within the export obligation period.
|
Time Period For Depositing Fines, Customs Duty, etc. |
4.29 |
The customs duty with interest to be recovered from the
Authorisation holder on account of regularisation or enforcement of
BG/LUT, as the case may be, shall be deposited by the Authorisation
holder in relevant Head of Account of Customs Revenue i.e. “Major Head
0037 - Customs and minor head 001- Import Duties in prescribed T.R.
Challan within 30 days of the demand raised by the Regional/Customs
Authority and documentary evidence shall be produced to this effect to
the Regional/Customs Authority immediately.
On receipt of such documentary evidence from the Authorisation holder,
the Regional Authority shall intimate the details of the recovery/
deposits made to the Customs Authority at the port of registration under
intimation to Joint Secretary (Drawback), Department of Revenue,
Ministry of Finance, Jeevan Deep Building, New Delhi.
The payment of amount of duty, interest and any dues for regularisation
shall, however, be without prejudice to any other action that may be
taken by the Customs Authorities at any stage under the Customs Act,
1962. |
Maintenance of Proper Accounts |
4.30 |
Every Advance Authorisation holder shall maintain a true and proper
account of consumption and utilisation of duty free imported /
domestically procured goods against each authorisation as prescribed in
Appendix-23. These records are required to be sent to the concerned
Regional Authority(ies) at the beginning of each licensing year for all
those authorisations, which have been redeemed in the previous licencing
year. However, these records in the said format are required to be
submitted for authorisations issued on or after 13-05-2005. Such records
should be preserved for a period of at least three years from the date
of redemption. |
Duty Free Replenishment Certificate (DFRC) |
4.31 |
The Policy of Duty Free Replenishment Certificate (DFRC) is given in
Chapter 4 of the Policy. The exporter exporting under DFRC shall be
required to give a declaration in the EP
copy of the Shipping Bill indicating the serial number and
product group of SION of the export product.
In case of export of gold/silver/platinum jewellery and articles
thereof, the wastage norms as per paragraph 4A.2 of the Handbook of
Procedures (Vol.1) may be indicated on the EP copy of the shipping bill.
However in respect of the following items, the exporter shall be
required to give declaration with regard to technical characteristics,
quality and specification in the shipping bill.
The Regional Authority while issuing Duty Free
Replenishment Certificate shall mention the technical characteristics,
quality and specification in respect of such inputs:
Alloy steel including Stainless Steel, Copper Alloy, Synthetic Rubber,
Bearings, Solvent, Perfumes/ Essential Oil/ Aromatic Chemicals,
Surfactants, Relevant Fabrics, Marble.
The DFRC and the specific inputs procured against it are
subject to actual user condition under the following circumstances:
- the export proceeds have not been realised and the exports have
not been made under an irrevocable letter of credit or the bill of
exchange is not avalised/co-accepted/ guaranteed, or
- the DFRC is issued against a SION with actual user condition ,
or
- specific inputs under a SION are subject to actual user
condition.
Under all other circumstances, the inputs procured against DFRC are
freely transferable . However, in case of fuel , the same can only be
transferred to agencies granted marketing rights by the Ministry of
Petroleum and Natural Gas.
Items reserved for imports by State Trading Enterprises cannot be
imported against DFRC. However those items can be procured from State
Trading Enterprises against ARO issued to DFRC holder.
|
|
4.31A |
DFRC shall also be available for supplies mentioned in Chapter 8 of
the Policy except for supplies made to DFRC holders. Such DFRC shall be
issued with a single port of registration mentioned in paragraph 4.19 of
the Handbook (Vol.1) as per option of the applicant.
The CIF value of DFRC shall be arrived at after discounting 20% from the
FOR value of supply. The FOR shall be calculated on the basis of the
document mentioned in sub- paragraph ii) below. The application shall be
accompanied by the following:
- A copy of the Invoice duly signed by the unit receiving the
material and their jurisdictional Excise Authorities certifying the
item of supply, its quantity, value and date of such supply. However
in case of supply of items which are non excisable or supply of
excisable items to a unit producing non excisable product(s), a
Project Authority Certificate (PAC) certifying quantity, value and
date of supply would be acceptable in lieu of excise certification.
Notwithstanding the above, in respect of supplies to EOU/ EHTP/ STP/
BTP, the supplier has the additional option to furnish a copy of
CT-3/ARE-3 duly signed by the jurisdictional Excise Authorities/Bond
officer certifying the item of supply, its quantity, value and date of
such supply shall be furnished.
- Payment certificate from the project authority in the form given
in Appendix-22C. In the case of Intermediate Supplies/ deemed
exports, supplies to the EOUs/ EHTPs/ STPs/ BTPs, documentary
evidence from the bank substantiating the realisation of proceeds
from the Authorisation holder or EOUs/ EHTPs/ STPs/ BTPs, as the
case may be, through the normal banking channel, shall be furnished
in the form given at Appendix- 22B.
However realisation of export proceeds shall not be insisted upon if
the shipments are made against confirmed irrevocable inland letter of
credit or inland bill of exchange is unconditionally Avalised/ Co-
Accepted/ Guaranteed by a bank and the same is confirmed by the
exporters bank and the same is certified by the bank in column 5/6/7 of
Appendix-22B. Exports made against the Government of India/EXIM Bank
Line of Credit and exports made under Deferred Payment/Suppliers Line of
Credit Contract backed by ECGC Cover would also be entitled for the
benefit under DFRC Scheme.
|
Export/ Imports under DFRC |
4.32 |
Export shipments under DFRC can be effected from any port mentioned
in paragraph 4.19 of the Handbook and to any of the SEZs. The DFRC shall
be issued with single port of registration, which will be the port from
where the exports have been effected. However for import from a port
other then the port of export, TRA shall be issued by the Customs
Authority at the port of export to the Customs Authority to the port of
import. |
Filing of Application |
4.33 |
An application for grant of DFRC may be made to the Regional
Authority concerned in the form given in ‘Aayaat Niryaat Form’ alongwith
the documents prescribed therein. An application for DFRC shall be filed
only after realisation of export/supply proceeds.
However, in case of exports/supplies against:
- confirmed irrevocable letter of credit or confirmed irrevocable
inland letter of credit or
- bill of exchange is unconditionally Avalised/ Co- Accepted/
Guaranteed by a bank and the same is confirmed by the exporters
bank,
the application may be filed after exports/supplies.
The FOB value shall be calculated on the basis of the Bank Realisation
Certificate. However in case of exports of gold/ silver/ platinum
jewellery and articles thereof, the CIF value would be computed from the
FOB value as per the value addition given in paragraph 4A.2.1 of
Handbook of Procedures (Vol.1).
|
Time Period |
4.34 |
The application for DFRC shall be filed within six months from the
date of realisation in respect of all shipments/supply for which DFRC is
being claimed. |
|
4.34.1 |
In case of exports against confirmed irrevocable Letter of Credit/
supply against confirmed irrevocable inland letter of credit or bill of
exchange is unconditionally Avalised/ Co- Accepted/ Guaranteed by a bank
and the same is confirmed by the exporters bank, the DFRC shall be filed
within six months from the date of exports/supply for all shipments in
respect of which DFRC is being claimed. |
|
4.34.2 |
For exports/supply against advance payment, DFRC shall be filed
within six months from the date of exports against advance payment. |
|
4.34.3 |
Wherever provisional shipment has been allowed
by the customs authorities, DFRC against such exports shall be issued
only after the release of the shipping bill by the Customs. The time
limit for filing of application in such cases shall be six months from
the date of release/ date of printing of shipping bill or three months
from date of realisation, whichever is later. |
Frequency of Application |
4.35 |
The applicant shall file one application relating to one export
product group from one port of export. Where export product falling
under one product group have been exported from different ports, the
exporter shall file more than one application for the same export
product group. |
Split up facility |
4.35.1 |
For each duty credit certificate, split certificates subject to a
minimum of Rs 5 lakh each and multiples thereof may also be issued. A
fee of Rs 1000/- each shall be paid for each split certificate. However,
a request for issuance of split certificate(s) shall be made at the time
of application only and shall not be considered at a later stage. The
duty credit certificate shall be issued with a single port of
registration. |
Verification by Customs |
4.36 |
The Regional Authority shall ensure that while issuing the DFRC, the
Shipping Bill no(s) and date(s), FOB value in Indian rupees as per
Shipping Bill(s) and description of export product are endorsed on the
reverse of DFRC. Before allowing the imports against DFRC, the Customs
shall verify that the details of the exports as given on the DFRC are as
per their records.
The Regional Authority while issuing DFRC for deemed exports shall
endorse a copy of the same to the Customs at the port of registration
and a copy to Excise Authorities having jurisdiction over recipient unit
of the deemed exports alongwith details of invoice giving item of
supply, its quantity, value and date of such supply.
In case there is any variation in the details furnished by the Regional
Authority and the record verified by the Excise authority, the Excise
Authority shall intimate to the Regional Authority and Customs at the
port of registration immediately. The customs authority at the port of
registration shall get the details of the supplies verified from the
jurisdictional Excise Authority before allowing clearance against the
certificate. |
Re-export of goods imported under DFRC Scheme |
4.36A |
Goods imported under DFRC scheme, which are found defective or unfit
for use, may be re-exported, as per the guidelines issued by the
Department of Revenue. In such cases 95% of the CIF value debited
against DFRC for the export of such goods, shall be generated by the
concerned Commissioner of Customs in the form of a Certificate,
containing the amount generated and the details of the original DFRC.
Based on the certificate, a fresh DFRC shall be issued by the concerned
Regional Authority. The fresh DFRC, so issued, shall have the same port
of registration and shall be valid for a period equivalent to the
balance period available on the date of import of such defective/unfit
goods. |
Duty Entitlement Passbook Scheme (DEPB) |
4.37 |
The Policy relating to Duty Entitlement Passbook Scheme (DEPB)
Scheme is given in Chapter-4 of the Policy. The duty credit under the
scheme shall be calculated by taking into account the deemed import
content of the said export product as per SION and the basic custom duty
payable on such deemed imports. The value addition achieved by export of
such product shall also be taken into account while determining the rate
of duty credit under the scheme. |
Fixation of DEPB Rate |
4.38 |
‘Aayaat Niryaat Form’ prescribes the form regarding fixation of DEPB
rates. All applications for fixation of DEPB rates shall be routed
through the concerned Export Promotion Council which shall verify the
FOB value of exports as well as the international price of inputs
covered under SION. |
Provisional DEPB Rate |
4.38A |
To encourage diversification and to promote export of new products,
the DEPB Committee would be empowered to notifying provisional DEPB
rates. However, such DEPB rates would be valid for a limited period of
time during which the exporter would furnish the data on export and
import for the regular fixation of rates. |
Exports in anticipation of DEPB Rate |
4.39 |
No exports shall be allowed under DEPB scheme unless the DEPB rate
of the concerned export product is notified. |
Port of Registration |
4.40 |
The exports/imports made from the specified ports given shall be
entitled for DEPB.
Sea Ports |
Mumbai, Kolkata, Cochin, Dahej, Kakinada, Kandla, Mangalore,
Marmagoa, Mundra, Chennai, Paradeep, Pipavav, Sikka, Tuticorin,
Vishakhapatnam, Surat (Magdalla), Nagapattinam, Okha , Dharamtar,
Jamnagar and Nhava Sheva |
Airports |
Ahmedabad, Bangalore, Bhubaneshwar, Mumbai, Kolkata,
Coimbatore Air Cargo Complex, Cochin, Delhi, Hyderabad, Jaipur,
Srinagar, Trivandrum, Varanasi, Nagpur and Chennai. |
ICDs |
Agra, Ahmedabad, Bangalore, Bhiwadi, Coimbatore, Daulatabad,
(Wanjarwadi and Maliwada), Delhi, Dighi (Pune), Faridabad,
Guntur, Hyderabad, Jaipur, Jallandhar, Jodhpur, Kanpur, Kota,
Ludhiana, Madurai and the land Customs station at Ranaghat
Mallanpur, Moradabad, Meerut, Nagpur, Nasik, Gauhati (Amingaon),
Pimpri (Pune), Pitampur (Indore), Rudrapur (Nainital), Salem,
Singanalur, Surat, Tirupur, Udaipur, Vadodara, Varanasi, Waluj,
Bhilwara, Pondicherry ,Garhi-Harsaru, Bhatinda, Dappar,
Chheharata ( Amritsar), Karur, Miraj, Rewari, Bhusawal,
Jamshedpur, Surajpur, Dadri and Tuticorin. |
LCS |
Ranaghat, Singhabad , Raxaul , Jogbani, Nautanva ( Sonauli),
Petrapole, Mahadipur and Dawki. |
SEZ |
Exports made to any Special Economic Zone (SEZ), notified by
the Central Government, are also entitled to DEPB and the port
of registration in such cases will be the respective SEZ only. |
Provided further that the Commissioner of Customs may, either by a
public notice or on the written request of the exporter/ DEPB holder, by
special orders and subject to such conditions as may be specified by him
permit imports or exports from any other sea port, airport, inland
container depot or through a Land Customs Station. |
|
4.40.1 |
The DEPB shall be issued with single port of registration, which
will be the port from where the exports have been effected. |
Maintenance of Record |
4.40.2 |
Each Custom House at the ports shall maintain a separate record of
the details of the exports made under the DEPB shipping bill. |
Credit under DEPB and Present Market Value |
4.41 |
In respect of products where the rate of credit entitlement under
DEPB Scheme comes to 10% or more, the amount of credit against each such
export product shall not exceed 50% of the Present Market Value (PMV) of
the export product. At the time of export, the exporter shall declare on
the shipping bill that the benefit under DEPB Scheme against the export
product would not exceed 50% of the PMV of the export product.
However, PMV declaration shall not be applicable for products for which
value cap exists irrespective of the DEPB rate of the product. |
Utilisation of DEPB credit |
4.42 |
The credit under DEPB shall be utilised for payment of customs duty
on any item which is freely importable. |
Application for DEPB |
4.43 |
An application for grant of credit under DEPB may be made to the
Regional Authority concerned in the form given in ‘Aayaat Niryaat Form’
alongwith the documents prescribed therein. The agency commission shall
be allowed for the DEPB entitlement upto the limit of 12.5% of FOB value
only. The FOB value in free foreign exchange shall be converted into
Indian rupees as per the exchange rate for exports, notified by Ministry
of Finance, as applicable on the date of order of “Let Export” by the
Customs. |
|
4.43A |
In respect of consignment exports wherein the exporter has declared
the FOB value of the product on a provisional basis, the exporter shall
be eligible for final assessment of such shipping bill based on the
actual FOB realised upon sale of such goods in freely convertible
currency. The agency commission shall be allowed for the DEPB
entitlement upto the limit of 12.5% of FOB value only. However, the FOB
value of foreign exchange shall be converted into Indian rupees as per
the exchange rate for exports, notified by Ministry of Finance, as
applicable on the date of order of “Let Export” by the Customs. |
|
4.43B |
An application for grant of credit for supplies from DTA to SEZ can
be made by the DTA unit or the SEZ unit. The DTA unit may claim the
benefits either from the Regional Authority or the Development
Commissioner concerned. In case claim have been filed with the Regional
Authority, the Regional Authority while allowing the benefits to the DTA
unit will simultaneously endorse a copy of the communication to the
concerned Development Commissioner alongwith the details of export
documents against which benefits have been allowed for confirmation of
the transaction involved. In case the DTA supplier prefers claim with
the Development Commissioner, the Development Commissioner shall verify
the Denied Entity List (DEL) status of the supplier from the DGFT
website before allowing DEPB benefits. The SEZ unit will file
application with the Development Commissioner concerned in ‘Aayaat
Niryaat Form’ along with the following documents:
- Bank receipt (in duplicate)/ demand draft evidencing payment of
application fee in terms of Appendix 21B.
- A copy of bill of exports issued by Customs in the SEZ.
- A copy of invoice showing FOR value of supply, DEPB entitlement
on such supply and total value realised from such sale.
- Bank certificate of realisation in the form given in Appendix
22B.
- In case SEZ unit opts to apply for the DEPB benefit for such
supplies received, a disclaimer (along with the IEC of DTA Unit
endorsed on it) certificate from DTA unit declaring that the DTA
unit shall not claim any benefit on such supplies and authorising
SEZ units to claim DEPB benefit on such supplies.
|
|
4.44 |
In cases where the applicant applies for DEPB after realisation or
shipments are made against confirmed irrevocable letter of credit or
bill of exchange is unconditionally Avalised/ Co- Accepted/ Guaranteed
by a bank and the same is confirmed by the exporters bank and certified
by the bank in the relevant Bank certificate of export and Realisation,
the DEPB shall be issued with transferable endorsement. In other cases,
the DEPB shall be initially issued with non-transferable endorsement.
Upon realisation of export proceeds, such DEPBs can be endorsed as
transferable, if the applicant so desires. |
Monitoring of Realisation |
4.45 |
The Regional Authorities shall monitor the cases where the DEPB has
been granted prior to realisation of export proceeds (except the cases
where shipments are made against confirmed irrevocable letter of credit
or bill of exchange is unconditionally Avalised/ Co- Accepted/
Guaranteed by a bank and the same is confirmed by the exporters bank) so
as to ensure that realisation takes place within the prescribed time
failing which they shall initiate action for recovery of an amount
equivalent to DEPB credit with 15% interest. The recovered amount in
such cases shall be deposited in the head of account of Customs as
stated in paragraph 4.29. |
|
4.45.1 |
If the export proceeds is not realised within six months or such
extended period as may be allowed by RBI, the DEPB holder shall pay in
cash an amount equivalent to the duty free credit utilised on imports,
against such exports with 15% interest from the date of import till the
date of deposit. In such cases, where the amount realised in foreign
exchange is less than the amount on which DEPB credit has been obtained,
the holder of DEPB shall pay, in cash, an amount proportionate to the
duty free credit utilised on imports, with 15% interest from the date of
imports till the date of deposit. |
Time Period |
4.46 |
The application for obtaining credit shall be filed within a period
of twelve months from the date of exports or within six months from the
date of realization or within three months from the date of printing/
release of shipping bill , whichever is later, in respect of shipments
for which the claim have been filed. |
|
4.47 |
Wherever provisional shipment has been allowed by the customs
authorities, DEPB against such exports shall be issued only after the
release of the shipping bill by the Customs. In such cases, application
for DEPB shall be filed within six months from the date of release of
such shipping bill or six months from the date of realisation, whichever
is later. |
Frequency of Application |
4.48 |
All the shipping bills in any one application must relate to exports
made from one Custom House only. There is no limit on the number of
shipping bills which can be filed through EDI mode in a single
application. |
Verification by Customs |
4.49 |
In case of EDI shipping bills before 1.10.2005 and non-EDI shipping
bills, the Regional Authority shall ensure that while issuing the DEPB,
the Shipping Bill No(s). and date(s), FOB value in Indian rupees as per
Shipping Bill(s) and description of export product are endorsed on the
DEPB. Before allowing the imports against such DEPB, the Customs shall
verify that the details of the exports, as given on the DEPB, are as per
their records. However, in case of EDI shipping bills issued on or after
1-10-2005 from EDI ports which are being transmitted electronically by
Customs to DGFT, the DEPBs issued shall be sent to Customs at the port
of registration through an electronic message exchange system and the
DEPB shall be registered at the port of registration electronically. No
verification of shipping bills against which such DEPBs have been
issued, will be required before allowing imports against these DEPBs. |
Revalidation |
4.50 |
No revalidation shall be granted beyond the original period of
validity of DEPB unless it expires in the custody of the Regional/
Customs Authorities as per the provisions under para 2.13 of the
Handbook. |
Re-export of goods imported under DEPB Scheme |
4.51 |
Goods imported under DEPB scheme, which are found defective or unfit
for use, may be re-exported, as per the guidelines issued by the
Department of Revenue. In such cases 98% of the credit amount debited
against DEPB for the export of such goods, shall be generated by the
concerned Commissioner of Customs in the form of a Certificate,
containing the amount generated and the details of the original DEPB.
Based on the certificate, a fresh DEPB shall be issued by the concerned
Regional Authority. The fresh DEPB, so issued, shall have the same port
of registration and shall be valid for a period equivalent to the
balance period available on the date of import of such defective/unfit
goods. |
Issuance of DEPB and other duty credit certificates/ DFRC against
lost EP copy of the Shipping Bills |
4.52 |
In case where EP copy of the Shipping Bill has been lost, the DEPB
and other duty credit certificates /DFRC claim can be considered subject
to submission of the following documents:
- A duplicate/certified copy of the Shipping Bill issued by the
Customs Authority in lieu of original;
- An application fee equivalent to 2% of the DEPB or other duty
credit entitlement or 1% of DFRC entitlement,
as the case may be, in respect of lost Shipping Bills. However, no
fee shall be charged when the Shipping Bill is lost by the
Government agencies and a documentary proof to this effect is
submitted;
- An affidavit by the exporter about the loss of Shipping Bills
and an undertaking to surrender it immediately to the concerned
Regional Authorities, in case the same is found subsequently.
- An indemnity bond by the exporter to the effect that he would
indemnify the Government for the financial loss if any on account of
DEPB or other duty credit certificate /DFRC issued against lost
Shipping Bills.
The Customs Authority, before allowing clearance, shall ensure that
no DEPB/DFRC benefit has been availed against the same shipping bill.
|
|
4.52.1 |
The claim against the lost Shipping Bill shall be preferred within a
period of six months from the date of release of duplicate copy of
shipping bill and any application received thereafter will be rejected.
However, if a provisionally assessed DEPB shipping bill is lost, the
time period for filing an application for DEPB would be six months from
the date of release of the finally assessed shipping bill. |
Loss Of Original Bank Certificate |
4.53 |
In such cases where original bank certificate has been lost, the
DEPB/DFRC claim can be considered subject to submission of following
documents:
- A duplicate copy of the Bank Certificate issued by the bank
authority in lieu of original loss.
- An application fee equivalent to 2% of the DEPB entitlement or
1% of DFRC entitlement, as the case may be, in respect of lost Bank
Realisation Certificate.
- An affidavit by the exporter about the loss of Bank Certificate
and an undertaking to surrender it immediately to the concerned
Regional Authorities, in case the same is found subsequently.
- An indemnity bond by the exporter to the effect that he would
indemnify the Government for the financial loss if any on account of
DEPB/DFRC issued against lost Bank Certificate.
The claim against the lost Bank Certificate shall be preferred within
a period of six months from the date of realisation and application
received thereafter will be rejected.
In such cases, where both the documents have been lost, the exporter
shall follow the procedure laid down in paragraph 4.51 and 4.52.
|
Duty Free Import Authorisation (DFIA) Scheme |
4.54 |
The Policy relating to the Duty Free Import Authorisation Scheme is
prescribed in Chapter 4 of the Policy. |
Application |
4.55 |
An application in ‘Aayaat Niryaat Form’ with the import entitlement
as per SION, along with documents prescribed in the application form,
shall be submitted to the Regional Authority concerned. |
|
4.55.1 |
In case of export of gold /silver / platinum jewellery and articles
thereof, the quantity, wastage and the value addition norms shall be as
prescribed in paragraph 4A of the Policy and Handbook of
Procedure(vol.1). |
|
4.55.2 |
Applications, where Acetic Anhydride, Ephedrine and Pseudo-
ephedrine is required as an input for import and prescribed in SION,
shall be filed with the Regional Authorities concerned.
Copies of such applications shall also be simultaneously endorsed to the
Drug Controller of India, Nirman Bhawan, New Delhi, Narcotics
Commissioner, Central Bureau of Narcotics, Gwalior and the respective
Zonal Director of the Narcotics Control Bureau, alongwith a declaration
that the applicant will maintain the prescribed records and also submit
the prescribed returns.
Duty free import of spices (covered by Chapter 9 of the ITC(HS)
Classifications of Export & Import items, 2004-09) for export under DFIA
scheme shall be permitted only for value addition purposes like
crushing/grounding/sterilization or for manufacture of oils and
oleoresins and not for simple cleaning, grading, re-packing etc.
The Regional Authority, while issuing the DFIA for the import of Acetic
Anhydride, Ephedrine and Pseudo- ephedrine, shall endorse a condition
that before effecting imports, NOC shall be obtained from the Narcotics
Commissioner of India, Central Bureau of Narcotics, Gwalior and shall
also endorse a copy of the Authorisation to the Drug Controller, Nirman
Bhawan, New Delhi and the concerned Zonal Director of the Narcotics
Control Bureau. |
|
4.55.3 |
However in respect of the following items, the exporter shall be
required to give declaration with regard to technical characteristics,
quality and specification in the shipping bill. The Regional Authority
while issuing DFIA shall mention the technical characteristics, quality
and specification in respect of such inputs:
Alloy steel including Stainless Steel, Copper Alloy, Synthetic Rubber,
Bearings, Solvent, Perfumes/ Essential Oil/ Aromatic Chemicals,
Surfactants, Relevant Fabrics, Marble, Articles made of polypropylene,
Articles made of Paper and Paper Board, Insecticides, Lead Ingots, Zinc
Ingots, Citric Acid, Relevant Glass fibre reinforcement (Glass fibre,
Chopped / Stranded Mat, Roving Woven Surfacing Mat), Relevant Synthetic
Resin (unsaturated polyester resin, Epoxy Resin, Vinyl Ester Resin,
Hydroxy Ethyl Cellulose), Lining Material. |
|
4.55.4 |
Exports made against the Government of India/EXIM Bank Line of
Credit would be entitled for benefits under the DFIA Scheme. Further,
exports made under Deferred Payment/ Suppliers Line of Credit Contract
backed by ECGC Cover would also be entitled for the benefit under the
Scheme. |
DFIA for applicants with multi units |
4.56 |
Transfer of any duty free material imported or procured against
non-transferable DFIA from one unit of the company to another unit of
the same company for manufacturing purpose shall be done with the prior
intimation to the jurisdictional Excise Authorities with a clear
understanding that no benefit of CENVAT shall be claimed on such
transferred inputs. In case of non-excisable company/products, the units
should maintain a proper record of the same. However to avail the
facility, all such units should be available in the IEC certificate and
follow the rules and regulations of Central Excise for jobwork. |
DFIA for Free of Cost and Paid Material |
4.57 |
An exporter may apply for a DFIA for import of items as per SION,
some or all of which may also include items that are supplied free of
cost.
In such cases, for calculation of value addition, the notional value of
free of cost inputs along with value of other duty-free inputs shall be
taken into consideration. However, if all the inputs are supplied free
of cost, the exporter shall also have the option to follow the provision
prescribed in paragraph 4.2.7 of the Policy.
In such cases, a specific endorsement shall be made on the exchange
control copy of the DFIA disallowing remittances for the material being
supplied free of cost. All inputs imported shall be utilised in the
manufacturing of the product except the wastage.
The value addition in the case of such DFIAs would be computed by adding
the notional value of the free of cost material to both the CIF value of
imports and FOB value of exports. |
Financial Powers |
4.58 |
The financial powers under DFIA scheme shall be as per paragraph 4.8
of this Handbook. |
Description of a DFIA |
4.59 |
A DFIA shall specify:
- the names and description of items to be imported and exported /
supplied;
- the quantity of each item to be imported or wherever the
quantity cannot be indicated, the value of the item shall be
indicated. However, if in Standard input output norms, the quantity
and value of individual inputs is a limiting factor, the same shall
be applicable.
- the aggregate CIF value of imports; and
- the FOB/FOR value and quantity of exports/ supplies.
|
Exports in Anticipation of DFIA |
4.60 |
Exports/supplies made from the date of EDI generated file number for
a DFIA, may be accepted towards discharge of export obligation.
Shipping/Supply document(s) should be endorsed with the File Number or
the Authorisation Number to establish co-relation of the
exports/supplies with the authorisation issued. If the application is
approved, the authorisation shall be issued based on the input-output
norms in force on the date of receipt of the application by the Regional
Authority in proportion to the provisional exports/ supplies already
made till any amendment in the norms is notified. For the remaining
exports, the Policy/ Procedures in force on the date of issue of the
authorisation shall be applicable. |
|
4.60.1 |
The exports/supplies made in anticipation of the grant of a DFIA
shall be entirely on the risk and responsibility of the exporter. |
|
4.60.2 |
The conversion of duty free shipping bills to drawback shipping
bills may also be permitted by the Customs Authorities in case the
application for a DFIA is rejected or modified by the Regional
Authority. |
Port of Registration |
4.61 |
The DFIA shall be issued for the purpose of import and export
through port(s) as specified in paragraph 4.19 of this Handbook. |
Acceptance of BG/LUT |
4.62 |
At the time of issue of the non transferable DFIA, the acceptance of
the undertaking given by the applicant to the Regional Authority
concerned in the form given in ‘Aayaat Niryaat Form’ will be endorsed on
the reverse of the DFIA.
No BG/LUT will be required where the specified export obligation has
been fulfilled before making any import. In case of partial fulfillment
of export obligation before effecting any imports, the BG/ LUT may be
reduced proportionately. |
Enhancement/ Reduction In the Value of DFIA |
4.63 |
In respect of a DFIA, the Regional Authority concerned (as per their
financial powers) may consider a request for enhancement/ reduction in
the CIF value, FOB value, quantities of import or export of the
certificate, provided the value addition after such amendment does not
fall below the stipulated minimum value addition (as per the policy and
the procedure laid thereunder) and provided there is no change in the
input-output norms and the Policy under which the authorisation was
issued.
The request for pro-rata enhancement in value and quantity may be made
either before or after exports. In such cases where there is a change in
the SION prior to the export of the said product, the pro-rata
enhancement shall be given after calculating the entitlement on the
revised SION.
The application for the enhancement/ reduction in the value or quantity
of the authorisation shall be made in ‘Aayaat Niryaat Form’ of the
Handbook of Procedure (Vol. 1) |
Export Obligation period and its extension |
4.64 |
The period of fulfillment of export obligation and its extension
shall be governed as per the provision contained in paragraph 4.22 of
this Handbook. However, any extension beyond 36 months from the date of
issuance of the authorisation shall not be allowed. |
Revalidation of DFIA |
4.65 |
Facility of revalidation shall be available to the DFIA holder as
per the provision contained in paragraph 4.23 of this Handbook. |
Re-export of goods imported under DFIA Scheme |
4.66 |
Goods imported against transferable DFIA, which are found defective
or unfit for use, may be re-exported, as per the guidelines issued by
the Department of Revenue. In such cases 95% of the CIF value debited
against DFIA for the export of such goods, shall be generated by the
concerned Commissioner of Customs in the form of a authorisation,
containing the amount generated and the details of the original DFIA.
Based on the certificate, a fresh DFIA shall be issued by the concerned
Regional Authority.
The fresh DFIA, so issued, shall have the same port of registration and
shall be valid for a period equivalent to the balance period available
on the date of import of such defective/ unfit goods. |
Monitoring of Export Obligation |
4.67 |
The Regional Authority, with whom the undertaking is executed by the
DFIA holder, shall maintain a proper record in a master register
indicating the starting and closing dates of obligation period and other
particulars to monitor the export obligation.
Within two months from the date of expiry of the period of obligation,
the certificate holder shall submit requisite evidence in discharge of
the export obligation in accordance with paragraph 4.25 of this
Handbook.
However, in respect of shipments where six months period (one year in
case of status certificate holder) for realisation of foreign exchange
has not become due, the Regional Authority shall not take action for non
submission of bank certificate of exports and realisation provided the
other document(s) substantiating fulfillment of Export Obligation have
been furnished.
In case the Authorisation holder fails to complete the export obligation
or fails to submit the relevant information/documents, the Regional
Authority shall take action by refusing further authorisations, enforce
the condition of the authorisation and undertaking and also initiate
penal action as per law. |
Fulfillment of Export Obligation |
4.68 |
The Authorisation holder shall furnish the following documents in
support of having fulfilled the export obligation:
- For physical exports:
- Bank Certificate of Exports and Realisation in the form
given at Appendix-22A or Foreign Inward Remittance Certificate
(FIRC) in the case of direct negotiation of documents or
Appendix –22B in case of offsetting of export proceeds. However,
realisation of export proceeds shall not be insisted if the
shipments are made against;
- confirmed irrevocable letter of credit or
- bill of exchange is unconditionally Avalised/ Co-
Accepted/ Guaranteed by a bank and the same is confirmed by
the exporters bank.
- The stipulations at (a) or (b) above must be certified by
the bank in column 14/15 of Appendix- 22A.
- EP copy of the shipping bill(s) containing details of
shipment effected or bill of export in case of export to SEZ.
A statement of exports giving details of shipping bill wise
exports indicating the shipping bill number, date, FOB value as
per shipping bill and description of export product
A statement of imports indicating bill of entry wise item of
imports, quantity of imports and its CIF value.
- For deemed exports (including intermediate supplies):
- A copy of the invoice or a statement of invoices duly signed
by the unit receiving the material and their jurisdictional
excise authorities certifying the item of supply, its quantity,
value and date of such supply.
However in case of supply of items which are non excisable or
supply of excisable items to a unit producing non excisable
product(s), a project authority certificate (PAC) certifying
quantity, value and date of supply would be acceptable in lieu
of excise certification.
However, in respect of supplies to EOU/EHTP/ STP/ BTP, the
supplier has the additional option to furnish a copy of
ARE-3/CT-3 form duly signed by the jurisdictional excise
authorities/Bond Officer certifying the item of supply, its
quantity, value and date of such supply in lieu of the excise
attested invoice (s) or statement of invoices as given above.
- Payment certificate from the project authority in the form
given in Appendix-22C. In the case of supplies to EOUs/ EHTPs/
STPs / BTPs, deemed exports (including Intermediate Supplies),
documentary evidence from the bank substantiating the
realisation of proceeds from the Authorisation holder or
EOUs/EHTPs/ STPs/ BTPs or the Project Authority, as the case may
be, through the normal banking channel, shall be furnished in
the form given at Appendix-22B. However realisation of proceeds
shall not be insisted upon if the shipments are made against:
- confirmed irrevocable inland letter of credit or
- inland bill of exchange is unconditionally Avalised/ Co-
Accepted/ Guaranteed by a bank and the same is confirmed by
the exporters bank.
The stipulations at (a) or (b) above must be certified by
the bank in column 5/6/7 of Appendix- 22B.
- A statement of supplies giving details of supply invoices
and indicating the invoice number, date, FOR value as per
invoices and description of product.
- A statement of imports indicating bill of entry wise item of
import, quantity of import and its CIF value.
|
Maintenance of proper accounts of the inputs |
4.69 |
The original DFIA holder shall maintain a true and proper account of
consumption and utilisation of duty free imported / domestically
procured goods against each authorisation as prescribed in Appendix-23.
These records are required to be sent to the concerned Regional
Authority(ies) along with the request for bond waiver/ redemption/
discharge of export obligation/ transferability. Such records should be
preserved for a period of at least three years from the date of
redemption. |
Redemption |
4.70 |
In case the export obligation has been fulfilled, the Regional
Authority shall redeem the case.
After redemption, the Regional Authority shall forward a copy of the
redemption letter indicating the shipping bill number(s), date(s), FOB
value in Indian rupees as per shipping bill(s) and description of export
product to the Customs Authority at the port of registration. Such
details shall also be placed by the Zonal Offices in their website
immediately after issuance of the export obligation discharge/
redemption letter / ‘No Bond Certificate’ and by DGFT HQr in DGFT
website on monthly basis for the Customs Authority to access it from the
website.
Before discharging BG/LUT against Physical Exports, the Customs shall
verify that the details of the exports as given in the “Redemption
Certificate”, are as per their records. However before discharging
BG/LUT against Intermediate Supplies and Deemed Exports, the Customs
shall verify the details of the supplies from the Central Excise
authorities/Bond Officer.
Ordinarily, redemption of BG/LUT shall not preclude the customs
authority from taking action against the Authorisation holder for any
misrepresentation, mis-declaration and default detected subsequently.
Further the Regional Authority shall also take action against the
certificate holder in case of non-submission of Appendix 23, duly filled
in, as stipulated in Paragraph 4.30 of Handbook, Vol.I or for any
misrepresentation, misdeclaration and default detected subsequently in
the details declared and furnished in Appendix 23. An endorsement to
this effect shall be made by the Regional Authority in the redemption
certificate.
The cancellation/ redumption of BG/LUT would be undertaken by the
Customs within 30 days of issue of EODC /bond waiver by the Regional
Authority. |
Regularisation of Bonafide default |
4.71 |
- The cases of a bonafide default in fulfillment of export
obligation may be regularised by the Regional Authority in the
manner prescribed in paragraph 4.28 of this Handbook.
|
Transferability of the DFIA |
4.72 |
Once the export obligation is fulfilled and the required documents
as stipulated in paragraph 4.68 of this Handbook has been furnished, the
Regional Authority shall make the authorisation transferable subject to
the conditions stipulated for this scheme. However the restricted item
endorsed in the authorisation shall be allowed to be transferred only
against a separate import licence/permission issued as per Foreign Trade
Policy and the procedure laid thereunder. |
|
4A |
The Policy relating to Gem Replenishment Authorisation, and scheme
for gold/ silver/platinum jewellery is given in paragraph 4A of
Chapter-4 of the Policy. |
Replensihment Authorisation |
4A.1 |
An application for REP Authorisation may be made in the form given
in ‘Aayaat Niryaat Form’ alongwith the documents prescribed therein to
the Regional Authority concerned as given in Appendix-1A. |
|
4A.1.1 |
The application shall be filed within six months following the
month/quarter during which the export proceeds are realised. For export
proceeds realised during the month/ quarter, consolidated application
for entire month/ quarter shall be filed. However, if any supplementary
application is to be filed, it may be accepted with a cut of 10% on
entitlement. In case of third party exports, Replenishment benefit shall
be admissible provided the EP copy of the Shipping Bill shows the names
of both the manufacturer and the third party and REP Authorisation
against such exports is claimed by either of the parties after
furnishing a disclaimer (along with the IEC Number) from the other
party. REP Authorisations will be transferable. |
|
4A.1.2 |
In case where part payment has been realised against an invoice, the
application for REP Authorisation may be made within six months
following the month during which part payment was realised, provided;
- Not more than two such applications may be made for each such
invoice; and
- The first such application shall be made only after 50% of the
proceeds of the invoice is realised.
|
|
4A.1.3 |
In case where payment is received in advance and exports take place
subsequently, the application for REP Authorisation shall be filed
within six months following the month during which the exports are made. |
|
4A.1.4 |
For the purpose of clarity, it is again reiterated that the month in
which the export has been made in the case of advance payment and the
month in which export proceeds have been realised in part or full after
making of the exports, shall be excluded while calculating the period of
six months for the purpose of filing of application for REP
Authorisation. |
Wastage Norms |
4A.2 |
The wastage or manufacturing loss on gold/silver/ platinum jewellery
and articles thereof is as follows: |
S.No. |
Item of exports |
Percentage of wastage by weight with reference
to Gold/ Platinum/ Silver content in the export item |
Gold/ Platinum |
Silver |
|
Plain jewellery and articles and ornaments like Mangalsutra
containing gold and black beads/ imitation stones, cubic
zirconia diamonds, precious, semi-precious stones |
3.5% |
4.5% |
|
Studded jewellery and articles thereof |
9.0% |
10% |
|
Mountings and findings manufactured (by non-mechanised
process) indigeneously |
3.5% |
4.5% |
|
Any jewellery/articles manufactured by a fully mechanised
process and unstudded |
1.25% |
1.25% |
|
Mountings, whether imported or indigenously procured/
manufactured, used in the studded jewellery |
2.5% |
2.5% |
|
Gold/silver/platinum medallions and coins (excluding the
coins of the nature of the legal tender) |
0.25% |
0.25% |
|
Findings and mountings manufactured by mechanized process |
1.25% |
1.25% |
|
Value Addition |
4A.2.1 |
Under the scheme for export of jewellery, the value addition shall
be calculated as per paragraph 4A.6 of FTP. |
The minimum value addition shall be
as mentioned below,
S.No. |
Item of Export |
Minimum Value Addition |
|
Plain gold/platinum /silver jewellery/ Articles and
ornaments like Mangalsutra Containing gold and black beads/
Imitation stones, precious stones and semi precious stones,
cubic zirconia , diamonds, precious & semi-precious stones. |
4.5% |
|
All types of Studded gold/ platinum/ silver Jewellery and
articles thereof |
15% |
|
Any jewellery/ articles manufactured by fully mechanised
process |
3% |
|
Gold/ silver/ platinum medallions & coins (excluding the
coins of the nature of legal tender) |
3% |
|
Gold/ silver /platinum findings/ mountings manufactured by
mechanised process |
5% |
|
|
4A.2.2 |
The entitlement of quantity of gold/ silver/platinum against the
export shall be the quantity of gold/ silver/ platinum in the item of
export plus the admissible wastage/ manufacturing loss. |
Loss of Gem and Jewellery |
4A.3 |
Consignments of gem and jewellery items exported out of the country
and lost in transit after exports, where foreign exchange against such
exports has been realised or insurance claims settled, will also be
eligible for REP Authorisation. |
Gem & Jewellery Replenishment Authorisations |
4A.4 |
The Gem REP Authorisations shall be valid for import of precious
stones, semi-precious and synthetic stones and pearls. In addition, the
Authorisation shall also be valid for import of empty jewellery boxes
upto 5% of the value of the Authorisation within its overall CIF value.
The Gem REP Authorisations issued against export of studded gold/silver/
platinum jewellery articles, shall also be valid for import of cut and
polished precious/semi-precious stones other than emerald upto 10% of
the CIF value of the Authorisation within its overall CIF value. |
|
4A.4.1 |
The Gem REP Authorisations are available as per the scale given in
Appendix-12B. |
Filing of Application |
4A.4.2 |
- An application for Gem Rep Authorisation may be given to the
Regional Authority concerned as given in Appendix-1A in the form
given in Appendix-22F alongwith the documents prescribed therein.
- In case E.P Copy of the Shipping Bill and Customs attested
invoice is submitted to the nominated agencies, the exporter shall
furnish a self certified photo copy of the same along with a
certificate from the nominated agencies certifying the carat/value
of studdings in case of studded jewellery and excess the value
addition achieved in the case of plain jewellery and articles.
- The provision of paragraph 4A.1.1 to 4A.1.4 will also be
applicable for Gem Rep Authorisations.
|
Agency Commission |
4A.5 |
The exporter availing the scheme of gold/silver/ platinum jewellery
are allowed to pay agency commission. The value addition shall be
calculated after deducting agency commission. Wherever such agency
commission is paid, the value addition shall be correspondingly
increased by the percentage of agency commission. |
Endorsement on shipping Bill and Invoice |
4A.6 |
At the time of export of jewellery, the shipping bill and the
invoice presented to the Customs Authorities shall contain the
description of the item, its purity, weight of gold/ silver/ platinum
content, wastage claimed thereon, total weight of gold/ silver/ platinum
content plus wastage claimed and its equivalent quantity in terms of
0.995/0.999 fineness for gold/ silver and in terms of 0.9999 fineness
for platinum and its value, fob value of exports and value addition
achieved. If the purity of gold/ silver/platinum used is the same in
respect of all or some of the items made out from each of these metals
for export, the exporter may give the total weight of
gold/silver/platinum and other details of such similar items which are
of the same purity. In case of studded items, the shipping bill shall
also contain the description, weight and value of the precious/
semi-precious stones/diamonds/ pearls used in manufacture, and the
weight/ value of any other precious metal used for alloying the gold/
silver. |
Conditions of Exports |
4A.7 |
The exports shall be allowed by the Customs Authorities provided the
endorsement made on the shipping bill and the invoice are correct and
the value addition achieved is not below the minimum prescribed in the
Policy. |
Proof of Exports |
4A.8 |
The exporter has to furnish the proof of exports, wherever required
for export of gold/silver/platinum jewellery and articles thereof, by
furnishing the following documents:
- E.P copy of the shipping bill;
- Customs attested invoice;
- Bank certificate of export in the form given in Appendix-22A
showing that documents have been sent for negotiation/collection;
and
- A declaration on the following lines:
“I/We declare that outstanding realisation of export proceeds beyond
180 days does not exceed 10% of average exports of preceding three
licensing years. I/We further declare that no export proceeds are
outstanding beyond one year or such extended period for which RBI
permission has been obtained.”
In case of Personal carriage of jewellery by foreign buyer, the
following documents should be submitted by the exporter/seller as proof
of exports for claiming export entitlements:
- Copy of the shipping bill filed by the Indian Seller;
- A copy of the Currency Declaration Form filed by the Foreign
Buyer with the Customs at the time of his arrival; and
- Foreign Exchange Encashment Certificate from the
Bank.
In addition to this, Personal Carriage on Documents Against
Acceptance (DA)/ Cash On Delivery (COD) basis is also allowed. The
exporter will have to furnish the following documents as proof of
exports for claiming export entitlements:
- Copy of Shipping Bill filed by the Indian Seller;
and
- Bank Certificate of Export and Realisation
Instructions issued by the Customs Department in this regard
should be followed mutatis mutandis.
|
Conversion of Purity/ Fineness |
4A.9 |
For conversion of quantity of gold/ silver/platinum in terms of
equivalent quantity in terms of fineness, the following formula shall be
used:
- Where items of gold has been exported in terms of carats, the
quantity of gold shall be multiplied by the number of carat of gold
exported, divided by 24 and thereafter again divided by
0.995/0.999/0.900 to arrive at the equivalent quantity of gold in
terms of fineness of 0.995/0.999/0.900 respectively; and
- Wherever the purity of the item of export is expressed in terms
of fineness, the quantity of gold/silver/platinum shall be
multiplied by the fineness of gold/silver/platinum exported and
thereafter divided by 0.995/0.999/0.900 to arrive at the equivalent
quantity of gold/ silver/platinum in terms of 0.995/0.999/ 0.900
fineness respectively’.
|
Release of Gold/Silver/ Platinum by Nominated Agencies |
4A.10 |
The gold/silver/platinum shall be released to the exporter of
jewellery by the Nominated Agencies/RBI authorised banks in multiples of
10 gms or in Ten Tola Bars in respect of golds. However, silver shall be
released to the exporters in multiples of 1 Kg only. Any balance of
gold/ silver/ platinum shall be available to the exporters along with
his future entitlement. The gold/ silver shall be released by the
Nominated Agencies in terms of 0.995 fineness or more and platinum in
terms of 0.900 fineness or more. |
Terms of payment |
4A.11 |
Export of gold/silver/platinum jewellery and articles thereof shall
be against irrevocable letter of credit, payment of cash on delivery
basis, Documents Against Acceptance (DA) basis or advance payment in
foreign exchange. |
Port of Export |
4A.12 |
Exports under the schemes of gold/silver/platinum jewellery and
articles thereof shall be allowed by airfreight and Foreign Post Office
through the Customs House at Mumbai, Calcutta, Chennai, Cochin, Delhi,
Jaipur, Bangalore, Kochi, Coimbatore, Ahmedabad, Dabolin Airport, Goa
and Hyderabad. Export by courier shall also be allowed through Custom
Houses at Mumbai, Calcutta, Chennai, Cochin, Coimbatore, Delhi, Jaipur,
Bangalore, Ahmedabad and Hyderabad upto FOB value of Rs.20 lakhs per
consignment. |
Export by Post |
4A.13 |
Policy for export of gems and jewellery parcel by post is given in
paragraph 4A.17 of the policy. At the time of exports, the exporter
shall submit the following documents:
- Shipping bills or invoice presented at the foreign Post Office;
- Certificate from nominated agencies indicating the price at
which gold/ silver/platinum was booked or given on outright sale
basis or loan basis;
- Three copies of invoice.
|
|
4A.14 |
Deleted |
Export Against Supply By Foreign Buyer |
4A.15 |
Before clearance of each consignment of import supplied by the
foreign buyer, the nominated agency shall execute a bond with the
Customs, undertaking to export within the period stipulated in the
contract, gold/silver/platinum jewellery or articles equivalent to the
entire import quantity of gold/silver/ platinum, mountings and findings
etc excluding the admissible wastage.
In case of direct supply of gold/silver/platinum, alloys, findings and
mountings of gold/silver/platinum and plain semi-finished
gold/silver/platinum jewellery to status holder/ exporter, the Status
Holder/exporter shall furnish a Bank Guarantee/LUT, as per Customs Rules
and regulations to the Customs equivalent to the Customs Duty leviable
on imported gold/ silver/ platinum, alloys, findings and mountings of
gold/ silver/ platinum and plain semi-finished gold/ silver/ platinum
jewellery etc.
The Bank Guarantee/LUT, as the case may be, executed with the Customs
shall be valid for one year. In case of direct supply to the Status
Holder/exporter, exports shall be completed within 90 days. In case of
non-fulfillment of export obligation/non-achievement of stipulated value
addition, Customs Department shall proceed to recover custom duty
alongwith interest which may include enforcement of Bank Guarantee/ LUT,
as the case may be. Besides the importer will be liable to penal action
under the Customs Act. |
|
4A.15.1 |
The nominated agency/Status Holder/exporter shall be liable to pay
customs duty leviable on that quantity which is proved to have been not
exported. |
|
4A.15.2 |
The goods shall be cleared through Customs by the nominated agency
Status Holder/exporter. Even where export order is received by an
Associate, the goods shall be cleared through Customs by the nominated
agency only and not the Associate. The associate shall, in such cases,
authorise the nominated agency to act as its agent to file bill of entry
and shipping bill. |
|
4A.15.3 |
At the time of export, the shipping bill presented to the Customs
shall also contain the following:
- Name and address of the associate/Status Holder/ exporter;
- An endorsement by the nominated agency that the export is made
against an order received by the concerned associate, its date of
registration with the nominated agency. In case of exports by Status
Holder/exporter, a Self Declaration shall be provided to this
effect;
- The name of the Customs House through which gold/
silver/platinum/plain semi-finished gold/ silver/ platinum jewellery
was imported and the corresponding Bill of Entry No. and date and
the date of import.
|
|
4A.15.4 |
Each shipping bill shall be valid for exports only through the
Customs House located at the place where the office of the nominated
agency/Status Holder/ exporter concerned is situated. It shall be valid
for shipment for a period of seven days including the date on which the
endorsement was made by the nominated agency in case of exports through
nominated agency. If the exports cannot be made within this period, the
exporter shall file a fresh shipping bill. |
|
4A.15.5 |
At the time of export, the exporter shall submit the following
documents :
- Shipping bill with two extra copies where exports are made from
a Customs House other than the Customs House through which the
corresponding import of gold/ silver/ platinum/plain semi-finished
gold/silver/ platinum jewellery was effected. In other cases,
shipping bill with an extra copy;
- Three copies of invoice;
- Certificate from the nominated agency indicating the quantity
and value of items supplied by the foreign buyer.
|
|
4A.15.6 |
The customs authorities shall return two copies of the shipping bill
and the connected invoice duly attested. One copy shall be sent to the
person who presented the documents and the other copy shall be sent by
the Customs to the office of the Nominated Agency/Status holder/
exporter. |
|
4A.15.7 |
In case of exports through Nominated Agency, the exporter shall
submit proof of exports to the Nominated Agency within 15 days of
exports, who shall, after verifying the documents, release admissible
quantity of the gold/ silver/ platinum etc. to the exporter. |
|
4A.15.8 |
The exporter may also obtain, in advance, gold/ silver/ platinum
etc. supplied by the foreign buyer by furnishing a bank guarantee for an
amount equal to the international price of such items and Bank
Guarantee/LUT, as the case may be for the customs duty payable thereon.
The bank guarantee/LUT shall be redeemed only when the exporter has
furnished proof of exports to the Nominated Agency and accounted for the
use of items supplied in advance in the export product. |
|
4A.15.9 |
For the purpose of redemption of bond/Bank Guarantee/LUT, as the
case may be, executed with the Customs, the Nominated Agency/Status
Holder/exporter shall furnish a statement indicating the items, its
quantity and value supplied by the foreign buyer, the corresponding Bill
of Entry number and date, number of each of the shipping bills against
which corresponding exports was made. |
Maintenance of Accounts |
4A.16 |
The Nominated Agency shall maintain complete account,
consignment-wise, of the gold, silver, platinum, mountings, findings/
plain semi-finished gold/silver/ platinum jewellery etc. imported for
execution of each export order, the exports effected and the quantity of
gold, silver, platinum mountings, findings etc. released against such
exports. In case of direct exports, similar accounts shall also be
maintained by the Status Holder. Such accounts shall be maintained for a
minimum period of three years from the date of exports. |
Export Through Exhibitions/ Export Promotion Tours/ Export of
Branded Jewellery |
4A.17 |
The Nominated Agencies shall produce to the Customs Authorities
letter in original or its certified copy, containing Government’s
approval for holding the exhibition/export of branded jewellery. Any
other person shall produce to the Asst. Commissioner, customs the letter
in original or its certified copy containing GJEPC’s approval for
holding the exhibitions/ export promotion tour/export of branded
jewellery.
In case of re-import, such items, on arrival, shall be verified
alongwith the export documents before clearance. |
|
4A.18 |
- The exports under this scheme shall be subject to the following
conditions for the following modes of export:
- Export of Gems and Jewellery for holding/participating in
overseas exhibition.
The exports under this scheme shall be subject to the following
conditions:
Items not sold abroad shall be re-imported within 60 days of the
close of the exhibition. However, in case the exporter is
participating in more than one exhibition within 45 days of
close of the first exhibition, then the 60 days shall be counted
from the date of close of the last exhibition. In case of
personal carriage of gems and jewellery for
holding/participating in overseas exhibitions, the value of such
gems and jewellery shall not exceed US $ 2 million. The
gold/silver/ platinum content on items sold in such exhibitions
may be imported as replenishment. The exporter shall take
replenishment from the Nominated Agency within 120 days from the
close of the exhibition gold / silver / platinum for the purpose
of replenishment content against the items sold abroad in
exhibition.
- Personal Carriage of gems & jewellery or export through
airfreight/post parcel route for Export Promotion Tours/photo
shoots/fashion shows overseas:
Personal carriage/export through airfreight/post parcel route of
gold/silver/ platinum jewellery, cut and polished diamonds,
precious, semi-precious stones, beads and articles as samples
upto US$ 100,000 for export promotion tours/photo shoots/
fashion shows and temporary display/ sale abroad is also
permitted with the approval of Gem & Jewellery & Jewellery
Export Promotion Council subject to the condition that the
promoter would bring back the jewellery / goods or repatriate
the sale proceeds within 45 days from the date of departure
through normal banking channel. In case of personal carriage for
export promotion tours, the exporter shall declare personal
carriage of such samples to the Customs while leaving the
country and obtain necessary endorsement on the Export
Certificate issued by Jewellery Appraiser of the Customs. In
such cases the exporter shall book with the nominated agency,
within 120 days after the export promotion tour or the expiry of
the stipulated period of 45 days, whichever is earlier,
gold/silver/ platinum for the purpose of replenishment content
against the items sold abroad.
- Export of branded jewellery.
Export of branded jewellery is also permitted with the approval
of Gem & Jewellery and Jewellery Export Promotion Council for
display/sale in the permitted shops set up abroad or in the
showroom of their distributors/ agents. Items not sold abroad
within 180 days shall be re-imported within 45 days. The
exporter shall book with the Nominated Agency within 120 days
after the end of the stipulated period of 180 days,
gold/silver/platinum for the purpose of replenishment content
against the items sold abroad.
- The following documents shall be submitted for claiming such
replenishment:
- Customs attested invoice;
- Copy of the approval letter issued by the Government/ GJEPC;
- Certificate from the Nominated Agency/ GJEPC in the form
given in Appendix-22F.
- In case of exhibitions organised by the nominated agencies, the
gold/silver/ platinum shall be imported as replenishment by the
Nominated Agencies within 60 days from the close of the exhibition.
|
|
4A.19 |
The Nominated Agencies shall maintain a complete account of the
exports made, goods sold abroad, goods re-imported, and metals purchased
abroad and imported into India. Such account shall be maintained for a
minimum period of three years from the date of close of the exhibition. |
Export Against Supply By Nominated Agencies |
4A.20 |
The exporter under the scheme may obtain gold/silver/ platinum on
following basis:-
- Replenishment basis after completion of exports;
- Outright purchase basis in advance;
- Loan basis.
|
Replenishment Basis |
4A.21 |
The exporter may apply to the Nominated Agency for booking of
precious metal gold/silver/platinum. The quantity of the precious metal
booked with the Nominated Agency shall be equivalent to the precious
metal content in the export product and the admissible wastage. |
|
4A.21.1 |
The applicant shall at the time of booking deposit an earnest money
for a minimum amount of 20% of the notional price of the precious metal,
which shall be adjusted at the time of actual sale. |
|
4A.21.2 |
The exporter may also export jewellery on a notional rate based on
the certificate provided by the Bank. The exporter must fix the price
within the credit terms allowed to the buyer and realise proceeds within
the due date of the credit terms or 180 days, whichever is earlier. The
exporter exporting on a notional basis under Replenishment Scheme must
book the same quantity of gold with the Nominated Agency on the same
rate that he may have booked with the buyer. The Nominated Agencies
shall purchase the precious metal on behalf of the exporter at the rate
so fixed and thereafter issue a purchase certificate bearing a serial
number to the exporter indicating the quantity of gold/ silver/platinum
and the CIF value, in dollars including the Rupee equivalent. The price
shall be the actual price at which gold/silver/platinum is purchased by
the Nominated Agencies plus permitted service charges levied by the
Nominated Agencies shall be included with the price of gold/ silver/
platinum for the purpose of value addition. The duplicate and triplicate
copies of exporter’s application together with copies of purchase
certificate for the exporter shall be sent by the Nominated Agencies to
the concerned Custom House as well as to the negotiating bank who will
confirm realization at which the gold has been purchase. The exporter
exporting under the notional rate will get the replenishment only after
the proceeds are realised. |
|
4A.21.3 |
The exports shall be effected within a period of 120 days from the
date of booking and the drawal of the precious metal shall be completed
within a period of 150 days from the date of booking or within 30 days
from the date of export whichever is later. |
Outright Purchase Basis in Advance |
4A.22 |
The exporter may obtain the required quantity of precious metal in
advance on outright purchase basis subject to furnishing of Bank
Guarantee/LUT, as the case may be to the Nominated Agencies for an
amount as may be prescribed by the Nominated Agency. On failure to
effect exports within the period prescribed, the Nominated Agencies
shall enforce the Bank Guarantee/LUT. |
|
4A.22.1 |
The exports shall be effected within a maximum period of 90 days
from the date of outright purchase of the precious metal. |
Loan Basis |
4A.23 |
The exporter may obtain the required quantity of precious metal on
loan basis subject to furnishing of Bank Guarantee for the precious
metal and Bank Guarantee/LUT, as the case may be, for the customs duty
to the Nominated Agencies for an amount as may be prescribed by the
Nominated Agencies. On failure to effect exports within the period
prescribed, the Nominated Agencies shall enforce the Bank Guarantee and
/or LUT. |
|
4A.23.1 |
The exporter has to pay interest on gold taken on loan basis at the
rate as may be specified. |
|
4A.23.2 |
The export has to be completed within a maximum period of 90 days
from the date of release of gold on loan basis. No extension for
fulfillment of export obligation shall be allowed. |
|
4A.23.3 |
The exporter shall be permitted to export the jewellery on the basis
of a notional rate certificate to be issued by the Nominated Agency/the
Gems and Jewellery Export Promotion Council (GJEPC) This rate will be
based on the prevailing Gold/USD rate and the USD/INR rate in the
notional rate certificate. The certificate issued by the Nominated
Agency/GJEPC should not be older than 7 working days of the date of
shipment.
The value addition will have to be achieved on rate as may be got fixed
with the buyer and the Nominated Agency.
The exporter shall have the flexibility to fix the price and repay the
Gold Loan within 180 days from the date of export. This price shall be
communicated to the Nominated Agencies who will issue a certificate
showing the final confirmation of the rate to the bank negotiating the
documents, to ensure export proceeds are realized at this rate. |
|
4A.24 |
The Nominated Agencies may accept payment in dollars towards the
cost of import of the precious metal from the EEFC account of the
exporter. |
Exports against Advance Authorisation |
4A.25 |
The procedure applicable to Advance Authorisations under Chapter-4
of this Handbook shall generally apply to this scheme except the norms
for value addition, export obligation period and the regularization of
default. |
|
4A.25.1 |
The export obligation will be required to be fulfilled within 120
days from the date of import of each consignment against the
authorisation. However the export obligation period shall be 180 days
from the date of import of findings, mountings made of gold, platinum
and silver and export of jewellery. No further extension in export
obligation period will be allowed. The Advance Authorisation holder may
also import gold as replenishment after completion of exports. |
|
4A.25.2 |
The Advance Authorisation holder may obtain gold/silver/ platinum
from the Nominated Agencies in lieu of direct imports. In such a case,
the Nominated Agency shall make, both the exchange control copy and
customs purpose copy of the authorisation invalid for direct imports. |
Diamond Imprest Authorisation |
4A.26 |
Policy for the Diamond Imprest Authorisation is prescribed in
paragraph 4A.14 of the Policy. |
Application |
4A.26.1 |
For the purpose of the scheme, an application in ‘Aayaat Niryaat
Form’, alongwith documents prescribed therein shall be submitted to the
Regional Authority concerned. |
Export Obligation |
4A.26.2 |
The export obligation against each consignment shall be fulfilled
within a period of five months from the date of clearance of such
consignment through Customs. However, at no point of time, the importer
shall be required to maintain records of individual import consignments
nor will they be required to co-relate export consignments with the
corresponding import consignments towards fulfilment of export
obligation. |
Regularistion of Bonafide Default |
4A.27 |
The cases of bonafide default in fulfillment of export obligation by
an exporter who has obtained precious metals from the nominated agencies
may be regularised provided the exporter has paid customs duty alongwith
15% interest thereon to the Customs. However, in the case of Advance
Authorisation, the provisions as given in paragraph 4.28 of this
Handbook shall apply. This shall be without prejudice to any action that
may be taken against the exporter under the Foreign Trade (Development
and Regulation) Act 1992, the Order or the Rules issued thereunder. |
Replenishment Authorisation for Import of Consumables |
4A.28 |
A Replenishment Authorisation for duty free import of consumables,
equal to 2 % of FOB value of exports of the preceding year may be issued
on production of Chartered Accountant’s Certificate indicating the
export performance. This Authorisation shall be non-transferable and
subject to actual user condition. This Replenishment Authorisation shall
be valid for duty free import of consumables as notified by the Customs.
Application for import of consumables as given above may be made to the
concerned Regional Authority in the form given in ‘Aayaat Niryaat Form’. |
Personal Carriage of Gems & Jewellery Export Parcels |
4A.29 |
Personal Carriage of gems & jewellery parcels by Foreign Bound
Passengers from all EOU/SEZ units and all firms in DTA through the
Airports in Delhi, Mumbai, Kolkata, Chennai, Cochin, Coimbatore,
Bangalore, Hyderabad, Jaipur is permitted. The procedure for Personal
Carriage of exports shall be as prescribed by Customs. The export
proceeds shall, however, be realised through normal banking channel. For
claiming the Replenishment in case of Personal Carriage of Exports by
Foreign Bound passenger, documents shall be the same as mentioned under
paragraph 4A.21.2 of this Handbook. Authorised Courier Companies are
also permitted to operate on the above lines. |
Personal Carriage of Gems & Jewellery Import Parcels |
4A.30 |
Personal carriage of gems & jewellery import parcels by an Indian
importer/ Foreign National may be permitted into all EOUs/SEZ units and
all firms in DTA through the airports in Delhi, Mumbai, Kolkata,
Chennai, Bangalore, Hyderabad Jaipur. The procedure will be the same as
for import of goods by air-freight except that the parcels shall be
brought to the Customs by the Importer/Foreign National for examination
and release. The clearance of imports under this scheme shall be as per
the normal authorisation system of Chapter-4 of the Policy. |
Duty free import of samples |
4A.31 |
Duty free import of gems and jewellery samples upto Rs 3 lakhs or
0.25% of the average of the last three years export turnover of gems and
jewellery items, whichever is lower, shallbe allowed in a financial year
as per the terms and conditions of Customs notification. |
Re-import of rejected jewellery |
4A.32 |
An exporter of plain/ studded precious metal jewellery shall be
allowed to re-import duty free the jewellery rejected and returned by
the buyer upto 2% of the FOB value of exports in the preceding licencing
year with the refund of any duty exemption/refund/replenishment benefit
availed on the inputs used as per customs rules and regulations. |
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4A.32.1 |
However, an exporter desirous of re-importing plain/ studded
precious metal jewellery for re-export shall submit a CA certified copy
of the export of his preceding year to the jurisdictional Customs
Authorities and also execute a bond with them to re- export equivalent
quantity of plain/ studded jewellery of same quantity (equivalent weight
of gold & value of studdings that were re-imported) within 60 days of
the re-import. |
Diamond & Jewellery Dollar Accounts |
4A.33 |
The policy for Diamond and Jewellery Dollar Accounts is given in
paragraph 4A.19 of FTP. Detailed procedure for its operation will be
notified separately. |
Import of precious metal scrap/used jewellery for melting and
re-export of jewellery. |
4A.34 |
The policy for Import of precious metal scrap/used jewellery for
melting and re-export of jewellery is given in paragraph 4A.21 of FTP.
The procedure is laid as under:
Imported precious metal scrap/used jewellery shall be allowed to be
cleared by the Customs subject to the condition:
- that the importer files a bond along with Bank Guarantee for a
sum equivalent to one and half times the customs duty leviable on
the said used jewellery/precious metal scrap;
- the importer fulfils the export obligation and value addition as
notified by Central Government;
- such import will not be allowed through Hand Baggage. The
detailed procedure including value addition requirement and export
obligation period etc. for operationalisation of the facility under
this paragraph shall be notified separately by DGFT.
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