| Change In Name and Constitution |
9.1 |
If there is any change in the name/address or constitution of IEC
Holder/Licensee/Authorisation Holder/Actual User eligible for import
without a Authorisation/Licence/Recognised Status Holders, the concerned
IEC Holder/Licensee/ Authorisation Holder/Actual User/Status Holders, as
the case may be, shall cease to be eligible to import or export against
the licence/IEC No. or any other facility permitted under the Policy and
Handbook, after expiry of 90 days from the date of such change in his
name or address or constitution, unless in the meantime,
- The IEC Holder/Licensee/Authorisation Holder/Status Holders has
got the consequential changes effected in the IEC Number/Authorisation/Licence
or the recognition certificate, as the case may be, by the concerned
Regional Authority;
- The Actual User has got the consequential changes effected from
the concerned authority in the Industrial Licence issued by the
Secretariat for Industrial Assistance (Ministry of Commerce and
Industry) or Certificate of Registration as an Actual User issued by
Director of Industries of the State Government or has received an
acknowledgement for filing of a memorandum with the Secretariat for
Industrial Assistance. Provided, however, the licensing authority
issuing the IE Code may, condone the delay on payment of a penalty
of Rs. 1000/-.
However, the change in the director of a public limited company shall
not be considered change in the constitution of the company for the
purposes of payment of the aforesaid penalty.
The constitution for the purposes of amendment of an IEC and payment of
the aforesaid penalty would mean the change in partners in a partnership
firm, trustees of a trust, members of the board of a society and
directors of a private limited company.
|
| Denomination of Import Authorisation/Licence/ Certificate/
Permissions |
9.2 |
Import Authorisation/Licence/Certificate /Permissions issued under
the Policy shall indicate the value both in Rupees and in freely
convertible currency(s) at the exchange rate(s) prevailing on the date
of issue of the Authorisation/Licence/ Certificate/Permission. In the
case of Authorisation/Licence/ Certificate/Permissions where export
obligation is imposed, the value of the export obligation shall be
indicated both in freely convertible currency(s) and in Rupees
equivalent at the exchange rate(s) prevailing on the date of issue of
the Authorisation/Licence/Certificate/ Permission. Such exchange rate(s)
shall also be indicated on the import Authorisation/ Licence/Certificate/
Permission. |
|
9.2.1 |
The remittance of foreign exchange and discharge of export
obligation against the Authorisation/Licence/Certificate/ Permission
shall, however, be regulated in freely convertible currency. No
enhancement in Rupee value shall be necessary if the remittance of
foreign exchange is covered by the value of Authorisation/Licence/Certificate/
Permission shown in freely convertible currency. |
|
9.2.2 |
However, on the Advance Authorisation(s), issued for exports to ACU
countries, export obligation shall be denominated and discharged in ACU
dollars. |
|
9.2.3 |
The export obligation against Advance Authorisation for intermediate
supply and Advance Authorisation for deemed export, where supplies are
to be made within the country, shall be denominated in Indian rupees and
the export obligation shall be discharged in Indian rupees with
reference to the CIF value of imports in Indian rupees irrespective of
CIF value indicated on the Authorisation. |
| Applications Received After Expiry of Prescribed Date of Receipt |
9.3 |
Wherever any application is received after the expiry of the last
date for submission of such application but within six months from the
last date, such application may be considered after imposing a late cut
@ 10% on the entitlement. |
| Supplementary Claims |
9.4 |
Wherever any application for supplementary claim is received, within
the specified time limits, such application may also be considered after
imposing a cut @10% on the entitlement. |
| Furnishing of Information |
9.5 |
Every importer/ exporter shall furnish such information as may be
called for by the Director General of Foreign Trade or any officer duly
authorised by him. |
| Clarifications On Policy/Procedures |
9.6 |
A request seeking clarifications on any provision of the Policy or
Handbook of procedures, importability or exportability of items under
ITC(HS), may be made to the Director General of Foreign Trade in the
form given in Appendix-28. The clarification may also be sought on
E.mail. |
| Consumption Register |
9.7 |
The importer shall maintain a register of items imported under a
licence/authorisation and its consumption. The importer shall also
maintain such a register of items imported without an Authorisation and
its consumption provided such items are imported subject to actual user
condition.
The register shall be maintained in the form given in Appendix- 23
except in respect of the scheme wherein period for retention of the
consumption register is specifically mentioned, in all other cases, the
register shall be maintained upto 3 years period from the date of
import. |
| Export Facilitation |
9.8 |
In order to resolve exporters’ problems in a co-ordinated manner,
the field offices of the Directorate General of Foreign Trade shall act
as Export Facilitation Centres.
These offices shall function as nodal agencies to attend to the problems
and grievances of the exporters, and also co-ordinate with different
Departments to resolve their trade and export related problems.
In addition, Nodal Officers have also been nominated in other
Ministries/ Departments and a list of such officers nominated to assist
exporters is given in Appendix-17.
For resolving problems relating to different departments, facilitation
committees shall be constituted in each department which shall be
serviced by Directorate General of Foreign Trade. |
| Standing Grievance Committee |
9.9 |
The detail of the Grievance Redressal Mechanism is given in para
2.49 of the Policy.
In order to facilitate speedy redressal of genuine grievances of trade
and industry pertaining to the Policy and Procedure, Grievance
Committees have been constituted.
These Grievance Committees are chaired by (i) the Director General of
Foreign Trade at the Headquarters and (ii) head(s) of the concerned
Regional Authority (s) in the respective regional offices.
Grievance Committee will include representatives of the Federation of
Indian Export Organisations (FIEO), Export Promotion Councils/ Commodity
Boards, Development Authorities, and Government Departments/ technical
authorities as their members. |
|
9.9.1 |
The Chairman of the respective Grievance Committee(s) may also
co-opt any other member. The meetings of such Committees shall be held
on a monthly basis. |
|
9.9.2 |
Every exporter/importer shall have a right to seek and have an
opportunity to make a representation to and be personally heard, if he
so desires, by the Grievance Committee. For this purpose, he may send
his request in writing seeking such personal hearing. |
|
9.9.3 |
A representation to the Grievance Committee may be made in the form
given in Appendix-26. |
| Counter Assistance |
9.10 |
For speedy disposal of applications, “Counter Assistance” will
function in all the offices of the Directorate General of Foreign Trade.
A Foreign Trade Development Officer (FTDO) shall be incharge of the
counter in each office. On submission of the application at the counter,
applicant will be handed over a token and would be advised on the same
day whether his application has been found complete and admitted for
further processing by the office or whether is any deficiency that needs
to be rectified. |
|
9.10.1 |
Counter Assistance will send the application to the concerned
section on the same day of its receipt for necessary scrutiny. If there
are any deficiencies, these will be noted by the concerned section and
returned to the counter on the same day. In case of complete
applications, the applicant will be given a formal receipt indicating
file number for further reference.
In case of deficient applications, the same will be returned to the
applicant for complying with all the deficiencies pointed out by the
concerned section.
Complete applications shall be processed by the concerned section within
the time frame as given under paragraph 9.10.
Communication of any deficiency noted subsequently should be undertaken
only with the approval of the head of office who shall be responsible
for effective functioning of Counter Assistance. |
|
9.10.2 |
Counter Assistance may also be availed of for amendments of minor
nature/enquiries. Applications, in such cases, will be received in the
regional offices at the counter against a proper receipt and the
Authorisation/list/enquiry, as the case may be, shall be returned after
carrying out necessary amendments/ giving necessary reply as far as
possible on the same day, across the Counter. |
| Time Bound disposal of applications |
9.11 |
The Regional Authority shall dispose off applications expeditiously.
The following time schedule shall normally be followed to dispose of the
applications provided the application is complete in all respects and is
accompanied by the prescribed documents.
| S.No. |
Category of Application |
Time Limit for Disposal |
|
IEC Code Number |
2 working days |
|
Advance Authorisation where Input-Output norms are notified
or under paragraph 4.7, Advance Authorisation for Annual
Requirement and DFIA |
3 working days |
|
|
Advance Authorisation where Input-Output norms are notified
but cases are to be placed before Norms Committee (NC) |
15 working days |
|
Advance Authorisation where Input-Output Norms are not
notified, |
45 working days |
|
Fixation of input output norms |
90 working days |
|
DFRC/DEPB |
3 working days |
|
EPCG Authorisations on self declaration basis |
3 working days |
|
EPCG Authorisations for fixation of nexus (other than those
covered in i) above |
45 working days |
|
All Authorisations under Gem & Jewellery scheme |
3 working days |
|
Revalidation of Authorisation and extension of export
obligation period by R.A |
3 working days |
|
Acceptance of Bank Guarantee/ Legal Undertaking |
3 working days |
|
Redemption of Bank Guarantee/ Legal Undertaking for Advance
Authorisation and DFIA |
15 working days |
|
Redemption of BG/LUT for EPCG Authorisations |
30 working days |
|
Issuance/renewal of status certificate. |
3 working days |
|
Amendment of any category of Authorisation |
3 working days |
|
Fixation of deemed exports Drawback rate |
45 working days |
|
Miscellaneous |
10 working days |
|
All applications filed through EDI mode |
1 working day |
Cases of undue delay in disposal of applications may be brought to the
notice of the head of the regional offices by way of a written
representation, which shall be promptly enquired into and responded to. |
| Date of Shipment/ Dispatch In respect of Imports |
9.11A |
Date of shipment/dispatch for the purposes of imports will be
reckoned as under:
| Mode of Transportation |
Date of Shipment/Dispatch |
| By Sea |
The date affixed on the Bill of Lading |
| By Air |
The date of the relevant Airway Bill provided this
represents the date on which the goods left the last airport in
the country from which the import is effected. |
| From land-locked countries |
The date of dispatch of the goods by rail, road or other
recognised mode of transport to the consignee in India through
consignment basis. |
| By Post Parcel |
The date stamp of the office of dispatch on the packet or
the dispatch note |
| By Registered Courier Service |
The date affixed on Courier Receipt/ Waybill |
| Multimodal transport |
The date of handling over the goods to the first carrier in
a combined transport Bill of Lading. |
|
| Date of Shipment/ Dispatch in respect of Exports |
9.12 |
Date of shipment/despatch for the purposes of exports will be
reckoned as under:
| Mode of Transportation |
Date of Shipment/Dispatch |
| By Sea |
For bulk cargo, the date of Bill of Lading or the date of me
receipt, whichever is later.
- For containerised cargo, the date of “Onboard Bill of
Lading”, or “Received for Shipment Bill of Lading”, where
the L/C provides for such Bill of Lading. For exports by
containers from Inland Container Depot (ICD), the date of
Bill of Lading issued by shipping agents at the time of
loading of export goods in the ICD after customs clearance.
- For Lash barges, the date of Bill of Lading evidencing
loading of the export goods on board
|
| By Air |
The date mentioned by the appropriate Officer of Customs on
the Shipping Bill, evidencing loading or handing over of goods
to the air cargo complex, which are not international airports,
or by way of rotation of flight number and date. |
| By Post Parcel |
The date stamped on the postal receipt. |
| By Rail |
The date of RR (Railway Receipt). |
| By Registered Courier Service |
The date affixed on Courier Receipt/ Waybill |
| By Road |
The date on which the goods crossed the Indian border as
certified by the Land Customs Authorities.
However, wherever the Policy provisions have been modified to
the disadvantage of the exporters, the same shall not be
applicable to the consignments already handed over to the
Customs for examination and subsequent exports upto the date of
the Public Notice.
Similarly, in such cases where the goods are handed over to the
customs authorities before the expiry of the export obligation
period but actual Exports take place after expiry of the export
obligation period, such exports shall be considered within the
export obligation period and taken towards fulfilment of export
obligation. |
|
| General Power of review |
9.13 |
The Director General of Foreign Trade may, on his own or otherwise,
call for the records of any case pending with or decided by an officer
subordinate to him or an officer of any EPC/FIEO including a Group/
Committee of officers nominated, appointed or authorised by him and pass
such orders as he may deem fit. |