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Customs Circular No- 79/2003 dated 4.9.2003
Revised norms for execution of Bond and Bank Guarantee under Advance License and
EPCG Schemes
Kind attention is invited to DOR Circular Nos.48/2003-Cus. dated 6.6.2003 and
74/2003-Cus. dated 21.8.2003 in terms of which revised norms for execution of
Bond/BG under Advance License and EPCG Schemes have been notified. In terms of
Para 2.1 of the DOR Circular No. 74/2003-Cus. dated21.8.2003 it was inter-alia
clarified that Bond shall be backed by a bank guarantee or cash security or
surety and that in respect of importers specified in Paras 2(a) to (d) of the
said Circular (excepting in the case of public sector undertakings) who are
eligible for BG exemption, the Bond shall be backed by a surety.
2. After issue of DOR Circular No.74/2003-Cus., trade has represented that
furnishing of such surety against Bond by Status Holders and other established
exporters, who are having substantial exports, becomes difficult on account of
the large volume of import undertaken by them under Advance License and EPCG
Schemes. Further, it also increases the transaction cost. This issue has been
discussed again with DGFT/MOC who have strongly recommended that considering the
practical problem in furnishing such surety by status holders and large
exporters operating under EPCG/Advance License Schemes, it would be advisable to
permit furnishing of a bond without surety.
3. Considering that the existing provision of furnishing of Bond/BG on Central
Excise side also provide for furnishing of bond without surety in the case of
status holders and manufacturer exporters, it is clarified that in respect of
category of importers specified in paras 2(a) to (d) of DOR Circular
No.74/2003-Cus. dated 21.8.2003 (including public sector undertakings), a bond
without surety shall be accepted for the purpose of permitting import of goods
under Advance License/EPCG Schemes.
4. All other conditions/checks specified in DOR Circular Nos.48/2003-Cus. dated
6.6.2003 read with Circular No.74/2003-Cus. dated 21.8.2003 shall continue to
apply for the purpose of execution of Bond/BG under Advance License/EPCG
Schemes.
5. Suitable Standing Order and Public Notice for the guidance of staff and trade
may kindly be issued.
6. Receipt of the Circular may kindly be acknowledged.
R.K. Talajia
Officer on Special Duty (DBK)
F.NO.605/41/2003-DBK