| Change In Name and Constitution |
9.1 |
An IEC holder must get the change in name / address / constitution
incorporated within 90 days of such change. Provided, however, RA
issuing IE Code may, condone delay on payment of penalty of Rs. 1000/-
Change in constitution, aforesaid, does not include change in directors
of Public Limited Company. |
| Denomination of Import Authorisation / Licence / Certificate /
Permissions |
9.2 |
CIF value of Authorisation / FOB value of export obligation shall be
indicated both in Rupees and in freely convertible currency(s) at the
exchange rate(s) prevailing on Authorisation issue date. |
|
9.2.1 |
Remittance of foreign exchange and discharge of export obligation
against Authorisation shall be regulated in freely convertible currency. |
|
9.2.1.1 |
No enhancement in Rupee value shall be necessary if remittance of
foreign exchange is covered by CIF value of Authorisation shown in
freely convertible currency. |
|
9.2.2 |
However, on Advance Authorisation(s), issued for exports to ACU
countries, export obligation shall be denominated and discharged in ACU
dollars. |
|
9.2.3 |
Export obligation in Advance Authorisation for intermediate supply
and for deemed export, where supplies are to be made within the country,
shall be denominated and discharged in Indian rupees. |
| Applications Received After Expiry of Prescribed Date of Receipt |
9.3 |
Wherever any
application is received after expiry of last date for submission of such
application, the application may be considered after imposing a late cut
in the following manner:
| 1. |
Application received after the expiry of last date but
within six months from the last date |
2% |
| 2. |
Application received after six months from the prescribed
date of submission but not later than one year from the
prescribed date |
5% |
(The above Para amended by
DGFT PUBLIC NOTICE
NO.16(RE-2007)/2004-2009,DATED 10-07-2007.)
[Old - Wherever any application is received after expiry of last date for
submission of such application but within six months from last date,
such application may be considered after imposing a late cut @ 10% on
entitlement.] |
| Supplementary Claims |
9.4 |
Wherever any application for supplementary claim is received, within
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 DGFT or any officer duly authorised. |
| Clarifications On Policy / Procedures |
9.6 |
A request seeking clarifications on any provision of FTP or HBP,
importability or exportability of items under ITC (HS), may be made to
DGFT in the form in Appendix 28. Clarification may also be sought on
E-mail. |
| Consumption Register |
9.7 |
Importer shall maintain a register as in Appendix 23 (for 3 years
period) of items imported under an Authorisation and separately for
items imported with actual user condition and its consumption.
In respect of particular schemes such register shall be maintained for
specified period. |
| Export Facilitation |
9.8 |
In order to resolve exporters’ problems in a co-ordinated manner,
field offices of DGFT shall act as Export Facilitation Centres and nodal
agencies.
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. |
| Standing Grievance Committee |
9.9 |
Detail of the Grievance Redressal Mechanism is given in para 2.49 of
FTP.
For speedy redressal of genuine grievances of trade and industry
pertaining to FTP and Procedure, Grievance Committees have been
constituted chaired by (i) DGFT at Headquarters and (ii) head(s) of
RA(s) in regional offices.
Grievance Committee will include representatives of Federation of Indian
Export Organisations (FIEO), Export Promotion Councils / Commodity
Boards, Development Authorities, and Government Departments / technical
authorities as their members. |
|
9.9.1 |
Chairman of the respective Grievance Committee(s) may also co-opt
any other member. 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 (in writing) to and be personally
heard, if he so desires, by Grievance Committee. |
|
9.9.3 |
A representation to Grievance Committee may be made in as in
Appendix 26. |
| Counter Assistance |
9.10 |
For speedy disposal of applications, “Counter Assistance” will
function in all offices of DGFT.
An FTDO shall be in charge of counter in each office. On submission of
application at the counter, applicant will be handed over a token and
would be advised on same day whether his application is complete and
admitted for further processing by the office or whether there is any
deficiency that needs to be rectified. |
|
9.10.1 |
Counter Assistant will send application to concerned section on day
of receipt for necessary scrutiny. If there are any deficiencies, these
will be noted by concerned section and returned to counter on the same
day. In case of complete applications, applicant will be given a formal
receipt indicating file number for further reference.
Deficient applications will be returned to applicant for complying with
all deficiencies. Complete applications shall be processed by concerned
section within the time frame as given under paragraph 9.11.
Communication of any deficiency noted subsequently should be undertaken
only with approval of 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
regional offices at counter against a proper receipt. Authorisation /
licence / list / enquiry, 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 |
RA shall dispose off applications expeditiously. Following time
schedule shall normally be followed to dispose of applications provided
it is complete in all respects and is accompanied by prescribed
documents.
| S.No. |
Category of Application |
Time Limit For Disposal (in working days) |
| a) |
IEC Number |
2 |
| b) |
Advance Authorisation where Input-Output norms are notified
or under paragraph 4.7, Advance Authorisation for Annual
Requirement and DFIA.
Advance Authorisation where Input-Output norms are notified but
where cases are to be approved by Commerce & Industry Minister
Advance Authorisations where Input-Output Norms are not notified
Fixation of input output norms |
3
15
45 |
| c) |
DEPB |
3 |
| d) |
(i) EPCG Authorisations on self declaration basis
(ii) EPCG Authorisations for fixation of nexus {other than those
covered in(i) above } |
3
45
|
| e) |
All Authorisations under Gem & Jewellery scheme. |
3 |
| f) |
Revalidation of Authorisation and extension of export
obligation period by R.A. |
3 |
| g) |
Acceptance of BG / LUT
Redeemption of BG / LUT for Advance Authorisations and DFIA.
Redeemption of BG / LUT for EPCG Authorisations. |
3
15
30 |
| h) |
Issuance/renewal of status certificate. |
3 |
| i) |
Amendment of any category of Authorisation |
3 |
| j) |
Fixation of deemed exports Drawback rate |
45 |
| k) |
Miscellaneous |
10 |
| l) |
All application filed throught EDI mode |
1 |
Cases of undue delay in disposal of applications may be brought to
notice of head of 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 |
9.11 A |
Date of shipment / dispatch for imports will be reckoned as under:-
| Mode of Transportation |
Date of Shipment / Dispatch |
| (i) By Sea |
The date affixed on the Bill of Lading |
| (ii) By Air |
Date of relevant Airway Bill provided this represents date
on which goods left last airport in the country from which the
import is effected. |
| (iii) From land-locked countries |
Date of dispatch of goods by rail, road or other recognised
mode of transport to consignee in India through consignment
basis. |
| (iv) By Post Parcel |
Date stamp of office of dispatch on the packet or dispatch
note |
| (v) By Registered Courier Service |
Date affixed on Courier Receipt / Waybill |
| (vi) Multimodal transport |
Date of handing over goods to first carrier in a combined
transport Bill of Lading. |
|
| Date of Shipment / Dispatch in respect of Exports |
9.12 |
Date of shipment /despatch for exports will be reckoned as under:-
Mode of Transportation!Date of Shipment / Dispatch
| (i) By Sea |
For bulk cargo, date of Bill of Lading or date of mate
receipt, whichever is later.
- For containerised cargo, 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), date of Bill
of Lading issued by shipping agents at the time of loading
of export goods in ICD after customs clearance.
- For Lash barges, date of Bill of Lading evidencing
loading of export goods on board.
|
| (ii) By Air |
Date mentioned by appropriate officer of Customs on Shipping
Bill, evidencing loading or handing over of goods to air cargo
complex, which are not international airports, or by way of
rotation of flight number and date. |
| (iii)By Post Parcel |
Date stamped on postal receipt. |
(iv) By Rail
|
Date of RR (Railway Receipt). |
(v) By Registered Courier Service
|
Date affixed onCourier Receipt/ Waybill. |
| (vi) By Road |
Date on which goods crossed Indian border as certified by
Land Customs Authorities. |
However, wherever Procedural / Policy provisions have been modified to
disadvantage of exporters, same shall not be applicable to consignments
already handed over to Customs for examination and subsequent exports
upto Public Notice / Notification date.
Similarly, in such cases where goods are handed over to the customs
authorities before expiry of export obligation period but actual Exports
take place after expiry of the export obligation period, such exports
shall be considered within export obligation period and taken towards
fulfilment of export obligation. |
| General Power of review |
9.13 |
DGFT may, on his own or otherwise, call for 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.
|