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DGFT PUBLIC NOTICE NO. 21/2004-09 dated 08.11.2004
Amendments in the Handbook of Procedures (Vol.I)
In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade
Policy, 2004-09, the Director General of Foreign Trade hereby makes the
following amendment(s) in the Handbook of Procedures (Vol. I):-
1. Para 2.9.5 is amended to read as under-
“Each IEC holder (barring those who have obtained IEC in the preceding licensing
year i.e 1.4.2003 to 31.3.2004) shall be required to furnish yearly details of
imports/exports made by him in the preceding licensing year by 31st December.
The information shall be furnished online by the IEC holder by accessing the
website at www.nic.in/eximpol.”
2. Para 2.12 (iii) pertaining to the validity of an import licence/ certificate/
permission is amended as under-
(iii) | EPCG Licence for Spares, Refractories, Catalyst and Consummables |
Co-terminus with the Export Obligation Period of the EPCG Licence |
3. Para 5.3.1 is amended to read as under-
“The Licensing Authority concerned shall, on the basis of the certificate from
the Independent Chartered Engineer (CEC) submitted by the applicant in Annexure
I to Appendix 9, issue the EPCG licence and thereafter forward a copy of the
EPCG licence along with a copy of the CEC to the concerned Jurisdictional
Central Excise Authority.”
4. Para 2.13.1 is amended to read as under-
“However, revalidation of freely transferable licence/certificate/permissions
and stock and sale licence/certificate/permission shall not be permitted unless
the licence/ certificates/ permissions have expired while in custody of the
Customs authority/ licencing authority.”
5. Para 2.12.2 is amended to read as under-
“The period of validity means the period for shipment/ dispatch of goods covered
under the licence/certificate/ permission. The validity of an import licence/
certificate/ permission is decided with reference to the date of shipment/
dispatch of the goods from the supplying country as given in Paragraph 9.11 A of
this Handbook and not the date of arrival of the goods at an Indian port.”
6. Para 3.2.3 is amended to read as under-
“The application for grant of status certificate in the case of non service
providers mandates the submission of a "Bank Certificate of Export Realisation/
Deemed Exports for Status Certificate" as given in Appendix-17B. However, this
provision shall not apply to existing Status Holders who are seeking renewal or
upgradation of existing status.”
7. Para 5.10 is amended to read as under-
“If the licence issued under the scheme has actually been utilized for import of
a value in excess of 10% of the CIF value of the licence, licence shall be
deemed to have been enhanced by that proportion. The Customs shall automatically
allow the clearance of goods in excess of 10% of the licence value without
endorsement by the licensing authority.
In such cases, the licence holder shall furnish additional fee to cover the
excess CIF value of imports effected subsequently. The export obligation shall
automatically stand enhanced proportionately.”
8. Following amendments are made in Para 2.20-
a. In S.No. 2 the following words are added after the words Manufacturer
Exporter-
“ (Except Proprietorship and Partnership firms)”
b. In the third sub-paragraph below S No. 8, the first sentence is amended to
read as under- “In respect of categories 3, 4 & 5 above, if the exporter has
not exported for all the 3 preceding years, 25% Bank Guarantee condition shall
be imposed on the duty saved amount, provided the CIF value does not exceed
200% of the domestic turnover or 200% of FOB/FOR value of supplies of the
preceding licensing year, whichever is higher.”
9. Para 4.7 is amended to read as under-
“The licensing authority may also issue Advance licences, where SION are not
fixed, based on self declaration and an undertaking by the applicant for a final
adjustment as per Adhoc/SION fixed by ALC. However, no Advance Licence for
import of horn, hoof and other organ of animal, or for any item for which DGFT
may so notify, shall be issued under Paragraph 4.7 by the licensing authority.
For export of perfumes, perfumery compounds and various feed ingredients
containing vitamins, no licence shall be issued under Para 4.7 by the licensing
authority and the applicants may apply under Para 4.4.2 of handbook of
Procedures, Vol-I. Where export and/or import of biotechnology items are
involved, licence under Para 4.7 shall be issued by the licensing authority only
on submission of a ‘No Objection Certificate’ from the Department of
Biotechnology.”
This issues in Public interest.
(K.T. Chacko)
Director General of Foreign Trade
(File No: 01/94/180/0009 /AM05/ PC IV)