| 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% |
| 3 |
Application received after twelve months from the prescribed date of
submission but not later than two years from the prescribed date
|
10% |
| |
(In S. No.1,2 and 3
DGFT Public Notice No.
45(RE-2008)/2004-2009, dated 07-07-2008.) |
|
| [Old-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% |
|
| 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 @2% 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. |
| 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-ordinate manner,
field offices of DGFT shall act as Export Facilitation Centers 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
|
9.9 |
Detail of the Grievance Redressed Mechanism is given in Para
Committee 2.49 of FTP.
For speedy redressed 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 Organizations (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 Application
|
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 Output norms are notified or
under paragraph 4.7, Advance Authorisation for Annual
Requirement and DFIA |
3 |
| |
Advance Authorisation where Input output norms are notified
but where cases are to be approved by commerce & industry
Minister |
15 |
|
Advance Authorisations where Input Output Norms are
not notified |
45 |
|
Fixation of input output norms |
90 |
| c) |
DEPB |
3
|
| d) |
(i) EPCG Authorisations on self
declaration basis
(ii) EPCG Authorisations for fixation 45 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
Redemption of BG/LUT for Advance Authorisations and DFIA.
Redemption 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 |
| I) |
All applications filed through 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
- By Sea The date affixed on the Bill of Lading
- 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.
- From land-locked Date of dispatch of goods by rail,
countries road or other recognized mode of transport to consignee in
India through consignment basis.
- By Post Parcel Date stamp of
office of dispatch on the packet or dispatch note
- By Registered Date
affixed on Courier Receipt / Courier Service Waybill
- 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 / dispatch 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. a) For containerized
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.
b) 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 on Courier 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 up to 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 fulfillment 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. |