Chapter - 2 General Provisions Regarding Exports and Imports Policy 2006 and Countries of Imports Exports Application with Filing of Application Profile of Importer Exporter.

1. Within local area Rs. 20.00
2. Up to 200 Kms. Rs. 25.00
3. Between 200 to 1000 Kms Rs. 30.00
4. Beyond 1000 Kms. Rs. 50.00

1. Importers covered by clause 3(1) [except sub-clauses (e) and (l)] and exporters covered by clause 3(2) [except
   sub-clauses (i) and (k)] of the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993.
2. Ministries/Departments of the Central or State Government.
3. Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture.
4. Persons importing/exporting goods from/to Nepal provided the CIF value of a single consignment does not
   exceed Indian Rs.25,000.
5. Persons importing/exporting goods from/to Myanmar through Indo-Myanmar border areas provided the CIF value
   of a single consignment does not exceed Indian Rs.25,000.
   
   However, the exemption from obtaining Importer- Exporter Code (IEC) number shall not be applicable for the
   export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) as listed in Appendix- 3,
   Schedule 2 of the ITC(HS) except in the case of exports by category(ii) above.
6. The following permanent IEC numbers shall be used by the categories of importers/ exporters mentioned against
   them for import/ export purposes.
   
   

   S.No	Code Number	Categories of Importers/ Exporters
   1.	0100000011	All Ministries/Departments of the Central Government and agencies wholly or partially owned by them.
   2.	0100000029	All Ministries/Departments of the State Government and agencies wholly or partially owned by them.
   3.	0100000037	Diplomatic personnel, Counselor officers in India and the officials of the UNO and its specialised agencies.
   4.	0100000045	Indians returning from/going abroad and claiming benefit under the Baggage Rules.
   5.	0100000053	Persons/ Institutions/ Hospitals importing or exporting goods for personnel use, not connected with trade or manufacture or agriculture.
   6.	0100000061	Persons importing/ exporting goods from/ to Nepal provided the CIF value of a single consignment does not exceed Indian Rupees 25000/-.
   7.	0100000070	Persons importing/ exporting goods from/to Myanmar through Indo-Myanmar borderareas provided the CIF value of a single consignment does not exceed Indian Rupees 25000/-.
   8.	0100000088	Ford Foundation
   9.	0100000096	Importers importing goods for display or use in fairs/exhibitions or similar events under the provisions of ATA carnet.
   10.	0100000100	Director, National Blood Group Reference Laboratory, Bombay or their authorized offices.
   11.	0100000126	Individuals/Charitable Institutions / Registered NGOs importing goods, which have been exempted from Customs duty under the Notification issued by Ministry of Finance for bonafide use by the victims affected by natural calamity. Note: Commercial Public Sector Undertaking (PSU) who have obtained PAN will however be required to obtain Importer Exporter Code number. The permanent IEC number as mentioned above, shall be used by non-commercial PSUs.

1. The Department of Electronics, for import of computer and computer based systems;
2. The Department of Industrial Policy and Promotion, Technical Support Wing (TSW), for organised sector units registered
   under it, except for import of computers and computer based systems;
3. The Ministry of Defence, for defence related items;
4. The Director General of Foreign Trade for small scale industries and entities not covered above as well as on behalf of
   any of the above;
5. The Embassy of India, Washington, DC, on behalf of any of the above.

1. Advance Authorisation / 24 months DFIA (including Advance Authorisation / DFIA for Annual Requirement), DFRC
   and Replenishment licence for Gem & Jewellery as per Chapter- 4 of the Policy.
2. EPCG Authorisation (other 36 months than spares).
3. EPCG Authorisation for Co-terminus with the Spares, refractories, catalyst Export Obligation and consumables.
   Period of the EPCG Authorisation.
4. Others including CCP and 24 months Duty Entitlement Passbook Scheme, unless otherwise specified.
5. Advance Authorisation / 24 months or Co- DFIA for deemed export terminus with the (including Advance contracted
   duration of Authorisation / DFIA for execution of the Annual Requirement). project whichever is later.

1. An application with a fee equivalent to 10% of duty saved or duty credit.
2. A copy of FIR reporting the loss.
3. A copy of the original affidavit on notorised stamp paper.
4. Indemnity bond on a stamp paper undertaking to indemnify the revenue loss to the Government which may be caused on
   account of issue of duplicate licenses covering the duty saved/ duty credit amount.

1. Registered with Central Excise authority and
2. Having a minimum export turn- over of Rs.1 Crore and above in the preceding year. and
3. Having exported during the previous two financial years.

1. Registered with Central Excise Authority and
2. Having paid Central Excise Duty of Rs.1 Crore or more during the preceding financial year.

The exporter must submit a Certificate issued by Jurisdictional Superintendent of Central Excise where the factory is located validating clause (b) above.

1. having an export turnover of at least Rupees 5 crore in the preceding licensing year and
2. have a good track record and three years of export performance

1. exporting for last 3 years, or
2. exporting in any of the last 3 years and satisfying the following conditions:

Registered with Excise Authorities,

Or

Registered with State Sales Tax Authorities; Shall be required to furnish:

1. A Central Excise certificate certifying preceding years exports as per customs Circular No.74/2003 dated 21.8.2003, and
2. Registration Certificate and Excise Control Code (E.C.C.) Number issued by Central Excise Authorities or Registration Certificate issued by State Sales Tax Authorities, as the case may be. This provision is not required for category (a) above.

1. The company is registered with Central Excise Authorities and has paid Central Excise duty (unless exempted); and
2. The company is registered with State Sales Tax Authorities and has paid sales tax(unless exempted); and
3. The company furnishes copy of their audited balance sheet; and the minimum investment in plant and machinery must be Rs 50 lakhs

1. GSP is a non contractual instrument by which industrialized (developed) countries unilaterally and on the basis of non
   reciprocity extend tariff concessions to developing countries. The following countries extend tariff preferences under
   their GSP Scheme.
   1. United States
   2. New Zealand
   3. Belarus
   4. European Union
   5. Japan
   6. Russia
   7. Canada
   8. Norway
   9. Australia (only to LDC's)
   10. Switzerland
   11. Bulgaria

GSP schemes of these countries details the sectors/ products and tariff lines under which these benefits are available, besides
the conditions and the procedures governing the benefits. These schemes are renewed and modified from time to time. Normally
the Customs of GSP offering countries require information in Form ‘A’ (prescribed for GSP Rules Of Origin) duly filled by the
exporters of the beneficiary countries and certified by authorised agencies. List of agencies authorised to issue GSP Certificate
of Origin is given in Appendix-4A.

1. Details of quantum/origin of the inputs/ consumables used in the export product.
2. Two copies of invoices.
3. Packing list in duplicate for the concerned invoice.
4. Fee not exceeding Rs.100 per certificate as may be prescribed by the concerned agency.

The agency would ensure that the goods are of Indian origin as per the general principles governing the rules of origin before
granting the Certificate of Origin(non preferential). The Certificate would be issued as per the Format of Certificate of Origin
(Non Preferential) given in Annexure-II to Appendix– 4C. It should be ensured that no correction/re-type is made on the certificate.

Any of the agencies desirous of enlistment in Appendix–4C may submit their application as per Annexure I to Appendix 4C to
the concerned Regional Authority under whose Jurisdiction the applicant falls as given in Appendix 1.

In case of tea, all exporters who are required to submit Certificate of Origin (Non-Preferential) shall apply to the Tea Board or
any Inspection Agency authorized by the Tea Board and enlisted in Appendix-4C of the Handbook of Procedures, (Vol.I) with the
documents listed above.

1. Bank Certificate of Export and Realisation as given in Appendix-22A.
2. Relevant postal receipt.
3. Invoice duly attested by the Customs.

1. Permission from RBI allowing direct negotiation of documents (however this is not required for status holders who
   have been granted a general permission),
2. Copy of the Foreign Inward Remittance Certificate(FIRC) as per Form 10-H of the Income Tax department in
   lieu of the BRC and
3. Statement giving details of the shipping bills/ invoice against which the FIRC was issued.

1. has been approved or sponsored by the Government of India in the Department of Commerce or the India Trade Promotion
   Organization; and
2. is being held in public interest.

Extension beyond six months for re-export/re-import will be considered by the Customs authorities on merits. Consumables such
as paints, printed material, pamphlets, literature etc. pertaining to the exhibits need not be re-exported/re-imported.

1. School run by Central or State Government or a local body,
2. Educational Institution run on non- commercial basis by any organization
3. Registered Charitable Hospital
4. Public Library
5. Public funded Research and Development Establishment
6. Community Information Centre run by the Central or State Government or local bodies
7. Adult Education Centre run by the Central or State Government or a local body
8. Organization of the Central or State Government or a Union Territory

The imports under this sub Para would be subject to the condition that the goods shall not be used for any commercial purpose,
is non transferable and complies with all the terms and conditions of the relevant Customs Rules and Regulations.

1. Shotgun Cartridges 28 bore;
2. Revolver Cartridges of .450, .455 and .45 bores;
3. Pistol Cartridges of .25, .30 Mauser, .450 and .45 bores;
4. Rifle Cartridges of 6.5 mm, .22 savage, .22 Hornet, 300 Sherwood, 32/40, .256, .275, .280, 7m/m Mauser, 7 m/m Man
   Schoener, 9m/m Mauser, 9 m/m Man Schoener, 8x57, 8x57S, 9.3 m/m, 9.5 m/m, .375 Magnum, .405, .30.06, .270, .30/30 Winch, .318, .33 Winch,.275 Mag., .350 Mag., 400/350, .369 Purdey, .450/400, .470, .32 Win, .458 Win, .380 Rook, .220
   Swift and .44 Win. bores.

An import licence/certificate/permission shall be issued at 5% of the value of the annual average sales turnover of ammunition
(whether indigenous or imported) during the preceding three licensing years subject to a minimum of Rs. 2000.

An application for grant of a licence/ certificate/ permission for items listed above may be made to the Regional Authority in the
‘Aayaat Niryaat Form’ along with the documents prescribed therein.

1. The shipment of replacement goods is made within 24 months from the date of clearance of the previously imported
   goods through the Customs or within the guarantee period in the case of machines or parts thereof where such period
   is more than 24 months; and
2. No remittance shall be allowed except for payment of insurance and freight charges where the replacement of goods
   by foreign suppliers is subject to payment of insurance and/or freight by the importer and documentary evidence to
   this effect is produced at the time of making the remittance.

The importer shall also have the option to claim refund of payment, if any, already made to the foreign supplier, instead
of obtaining replacement of goods referred to above.

1. Reasons for transfer of imported material;
2. Name, address, IEC number and industrial licence/ certificate/ Authorisation/ permission/registration, if any,
   of the transferee;
3. Description, quantity and value of the goods imported and those sought to be transferred;
4. Copies of import licence/ certificate/ Authorisation/ permission and bills of entry relating to the imports made;
5. Terms and conditions of the transfer as agreed upon between buyer and the seller.

1. Sale of exhibits of restricted items, mentioned in ITC(HS), imported for an international exhibition/ fair organised/
   approved/ sponsored by the India Trade Promotion Organisation (ITPO) may also be made, without a licence/certificate/
   Authorisation/ permission, within the bond period allowed for re-export, on payment of the applicable customs duties,
   subject to a ceiling limit of Rs.5 lakhs (CIF) for such exhibits for each exhibitor.
   
   However, sale of exhibits of items, which were freely imported shall be made, without a licence/ certificate/ Authorisation/
   permission, within the bond period allowed for re-export on payment of applicable customs duties.
2. If goods brought for exhibition are not re-exported or sold within the bond period due to circumstances beyond the control
   of the importer, the customs authorities may allow extension of the bond period on merits.

1. The following factors, among others, are taken into account in the evaluation of applications for export of items
   on the SCOMET List:
   1. Credentials of the end-user, credibility of declarations of end-use of the item or technology, the integrity
      of the chain of transmission of the item from the supplier to the end-user, and on the potential of the item
      or technology, including the timing of its export, to contribute to end-uses that are not in conformity with
      India’s national security or foreign policy goals and objectives, the objectives of global non-proliferation,
      or its obligations under treaties to which it is a State party.
   2. The assessed risk that the exported items will fall into the hands of terrorists, terrorist groups, and non-State
      actors;
   3. Export control measures instituted by the recipientState;
   4. The capabilities and objectives of the programmes of the recipient State relating to weapons and their
      delivery;
   5. The assessment of the end-uses of the item(s);
   6. The applicability to an export licence application of relevant bilateral or multilateral agreements to which India
      is a party.
2. A condition for the consideration of an application for an export licence is the submission of stipulated certifications to
   the effect, inter alia, that:
   1. The item will be used only for the purpose stated and that such use will not be changed, nor the items modified
      or replicated without the consent of the Government of India;
   2. Neither the items nor replicas nor derivatives thereof will be re-transferred without the consent of the Government
      of India;
      The end-user shall facilitate such verifications as are required by the Government of India.
   3. The Government of India may also require additional formal assurances, as appropriate, including on end-use and
      non-retransfer, from the State of the recipient.
3. The Regional Authority for items in Category 0 below is the Department of Atomic Energy. The applicable guidelines are
   notified by that Department under the Atomic Energy Act, 1962. For certain items in Category 0, formal assurances from
   the recipient State will include non-use in any nuclear explosive device. Licences for export of certain items in Category 0
   will not be granted unless the transfer is additionally under adequate physical protection and is covered by appropriate
   International Atomic Energy Agency (IAEA) safeguards, or any other mutually agreed controls on transferred items.
4. Additional end-use conditions may be stipulated in licences for the export of items or technology that bear the possibility
   of diversion to or use in the development or manufacture of, or use as, systems capable of delivery of weapons of mass
   destruction.
5. Applications for the transfer of “Technology” for any item on the List will be considered as an application for the export
   of the item itself.
   Licences for the export of items in this List (other than those under Category 0, 1 and 2) solely for the purposes of display
   or exhibition shall not require any end-use or end-user certifications. (No export licence for display or exhibition shall be
   issued for ‘Technology’ in any category. No licence for display or exhibition shall be issued for items under Categories 0,
   1, and 2.)
6. Export of items not on the SCOMET List may also be regulated under the provisions of the Weapons of Mass
   Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005.

Note 1:
Export or attempt to export in violation of any of the conditions of licence shall invite civil and/or criminal prosecution.

Note 2:
Licences for export of items in this List for display or exhibition abroad are subject to a condition of re- import within a period not exceeding six months. Exporters are entitled to apply for an export licence for such items exhibited abroad if the exhibitor intends to offer that item for sale during the exhibition abroad. Such sale shall not take place without a valid licence.

Note 3:
The export of items in Category 2 of this list may also be controlled by other applicable guidelines issued from time-to-time. Exporters of items in this category are advised to seek guidance from the DGFT.

Note 4:
Exporters are entitled to apply for a ‘destination licence’ for countries and/or groupings of countries for export to which only re-transfer conditions need be imposed.

Note 5:
Exporters are entitled to request that only such conditions need be imposed as are the subject of government-to-government instruments of accord over export of items on the SCOMET List.

Note 6:
‘Technology’ (see also entry ‘Technology’ in the glossary in Appendix-3 to Schedule 2 of ITC(HS) ). The approval of export of an item on the SCOMET List also authorizes the export to the same end-user of the minimum ‘technology’ required for the installation, operation, maintenance and repair of the item.

DGFT in association with the Administrative Ministries/ Departments and the Trade Associations will organize Industry Outreach
Programme on regular basis for an effective awareness among the exporters/importers dealing with the trade, in particular, in
SCOMET items.

DGFT may also issue, on application, Free Sale and Commerce Certificate for export of items not covered under Drugs & Cosmetics
Act, 1940, which have usage in hospitals, nursing homes and clinics, etc. for medical and surgical purposes and are not prohibited
for export. The validity of such certificate shall be two years from the date of issue unless otherwise specified.

1. Appendix-22D in lieu of the Bank RealisationCertificate.
2. Specific permission of the Reserve Bank of India.

1. Milk Powder (Tariff Code No. 0402.10 or 0402.21): National Dairy Development Board (NDDB), State Trading Corporation
   (STC), National Cooperative Dairy Federation (NCDF), National Agricultural Cooperative Marketing Federation of India
   Ltd.(NAFED), Minerals and Metals Trading Corporation (MMTC), Projects & Equipment Corporation of India Limited(PEC)
   and Spices Trading Corporation Limited (STCL) are eligible to avail the quota.
2. Maize(corn)(Tariff Code No. 1005.90): National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED),
   State Trading Corporation (STC), Minerals and Metals Trading Corporation (MMTC), Projects & Equipment Corporation
   of India Limited(PEC), Spices Trading Corporation Limited (STCL) and State Cooperative Marketing Federations are
   eligible to avail the quota.
3. Crude sunflower seed or safflower oil or fractions thereof(Tariff Code No. 1512.11): National Dairy Development Board
   (NDDB), State Trading Corporation (STC), National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED)
   Spices Trading Corporation Limited (STCL) and Central Warehousing Corporation (CWC) State Cooperative Marketing
   Federation & State Cooperative Civil Supplies Corporation are eligible to avail the quota.
4. Refined rape, colza or mustard oil, other(Tariff Code No. 1514.19 or 1514.99): National Dairy Development Board(NDDB),
   State Trading Corporation (STC), National Agricultural Cooperative Marketing Federation of India Ltd.(NAFED), Spices
   Trading Corporation Limited (STCL) and Central Warehousing Corporation (CWC) State Cooperative Marketing Federation
   & State Cooperative Civil Supplies Corporation are eligible to avail the quota.

All the eligible entities are eligible to avail the quotas as per the request of the applicants received.

All eligible entities desiring availment of the quota as mentioned above, may make application to Exim Facilitation Committee (EFC) in the Aayaat-Niryaat Form of the Handbook of Procedures in the office of Directorate General of Foreign Trade (DGFT), Udyog Bhavan, New Delhi – 110 011. The completed application forms along with the required / prescribed documents must reach this office on or before 1st March of each financial year preceding to the year of the quota e.g. Applications for TRQ for 2007-2008 must reach DGFT by 1st March, 2007.

The imports have to be completed before 31st March of the financial year i.e. the consignments must be cleared by the customs authorities before this date.

Since import of maize (corn) is under State Trading Regime (STR), the allottes of quota i.e. designated agencies in para 1 (b) above for this item shall also be granted an import licence/ Authorisation for the allotted quantities as indicated at Sl. No. 21(b) of Customs Notification No. 21/2002 dated 1.3.2002 in terms of para 2.11 of Foreign Trade Policy, 2004-2009, if they do not wish to make the imports through Food Corporation of India (FCI).

The application fee for these applications shall be paid according to the procedure contained in Appendix 21 B to Handbook of Procedures, Vol.I, 2004-2009.

The Exim Facilitation Committee (EFC) in the DGFT will evaluate and allot the quota among the applicants by 31st March of each financial year preceding to the year of the quota e.g. For 2007-08, EFC will allot quota by 31st March, 2007.