8.26(a) The procedure of operating Diamond Dollar Accounts Scheme (DDAS) shall
be as follows:
(a) All pre and post shipment credit facilities given by the banks in
terms of Dollars to diamonds importers / exporters / Private, Public Bondded Warehouses operating
under DDAS shall be designated in Dollars and be reflected as
borrowings in their DDAS. Export realisation as well as dollar
realisation from local sale of rough / polished diamonds shall be
credited immediately to such dollar accounts on receipt of the
same.
(The above paragraph has been amended vide Public Notice
No.40(RE-00)/1997-2002 dated the 1st November,2000)
(b) DDAS eligible firms / companies and Private / Public Bonded Warehouses may be allowed to open a
Diamond Dollar Account with their bankers. A maximum of two
Diamond Dollar Accounts would be allowed with two separate banks.
(The above paragraph has been amended vide Public Notice
No.40(RE-00)/1997-2002 dated the 1st November,2000)
(c) The sources of dollars in Dollar Accounts shall be
(i) bank finance;
(ii) export proceeds from shipments of polished/rough
diamonds; and
(iii) sale proceeds from local sales of polished /
rough diamonds.
(d) An exporter / local seller of cut & polished diamonds operating
under DDAS may apply for Replenishment licence to the Regional
Licensing Authority (RLA) of DGFT in accordance with the para 8.2
of the Exim Policy and para 8.2 to 8.7 of Handbook (Vol.1). While
making this application, the exporter will give an undertaking
that the said application will operate under DDAS. Regional
Licensing Authority shall calculate its entitlement as per
Appendix 30A and issue Replenishment licence. However,
Replenishment licence issued under DDAS shall be non transferable
and this will be so specifically indicated by the Regional
Licensing Authority. Regional Licensing Authority will make an
endorsement on these Replenishment licences that payment for
import against these licences shall be made from Diamond Dollar
Account only.
On receipt of payments against export / local sales, on the basis of
self declaration indicating the value addition by the exporter/local
seller, the bank will credit the value addition part to Rupee Account
and balance to Diamond Dollar Account and issue a certificate. The
exporter will produce such certificate(s) from the concerned bank as to
the amounts credited to Diamond Dollar Account & Rupee Account to the
RLA alongwith the Replenishment licence application. The RLA will issue
the Replenishment licence after satisfying itself that all requirements
have been met.
In case of rough diamonds, a disclaimer certificate may be given by the buyer of rough
diamonds to the seller at seller"s request to enable the latter to apply for a Replenishment
Licence.
(The above paragraph has been amended vide Public Notice
No.40(RE-00)/1997-2002 dated the 1st November,2000)
While effecting import of rough diamonds, under DDAS, the exporter will
make payments from DDA and will clear the consignment from Custom
against these Replenishment licences issued under this scheme only. Such
payments can be made in advance, whenever permitted, or after clearance
of the parcel.
Similarly, the exporter can buy rough diamonds from the local market
from DDA holder on payment of dollars from DDA and debit of
Replenishment licences issued under this scheme.
(e) In respect of local purchase of cut & polished diamonds, the
buyer will pay to the seller the purchase value in dollars
alongwith a disclaimer certificate with respect to the licence
according to appendix 30A for the local purchases, on the basis
of which the seller will apply to the office of the RLA for the
Replenishment / Imprest obligation application as per Appendix
30A enclosing therewith the certificate from the bank, giving
details of the value and invoice of cut and polished diamonds
sold by him locally. There shall not be more than one
transaction of a particular sale/purchase before export and the
seller / exporter will give a self declaration to this effect.
Exporter will make an application to the RLA on monthly basis
based on the export realisations received less the disclaimer
certificates for licences issued by him, if any, in accordance
with Appendix 30A for the local purchase of cut & polished
diamonds, the payments for which have been made from the Diamond
Dollar Account.
(f) Bulk licences for rough diamonds may be issued as per paragraph
8.10 and 8.11 of Exim Policy and paragraph 8.21 to 8.26 of
Handbook (Vol.1). A bulk licence holder, in addition to the
present scheme, may also operate under Diamond Dollar Account
Scheme, then while making the application, the applicant will
specifically give a declaration to this effect to the RLA. RLA
while issuing Bulk Licence will make an endorsement on this Bulk
licence that payment for import of rough diamonds against this
Bulk licence shall be made from Diamond Dollar Account only. This
bulk licence holder can sell rough diamonds against production of
valid Diamond Imprest Licence / Replenishment licence / Gem
Replenishment licence to a buyer, who is operating under Diamond
Dollar Account Scheme. Buyer will make payment for purchase of
such rough diamonds in dollars from his Diamond Dollar Account .
The bulk licencee shall follow the procedure as given in para
8.24 and 8.25 of Handbook (Vol.1). Bulk licencee will be able to
import rough diamonds by making payment from his Diamond Dollar
Account and will submit Bulk Licence issued under this scheme to
Custom Authorities at the time of clearance.
A bulk licence holder operating under DDAS is also permitted to sell to
an exporter not operating under DDAS against valid Diamond Imprest
Licence / Replenishment licence / Gem Replenishment licence but against
payment in Dollar obtained from the bank by debiting exporter"s Exchange
Control copy of the licence, and the payment so received shall be
credited to the Diamond Dollar Account of the Bulk Licence holder.
g) Diamond Imprest Licence may be issued as per para 8.3 to 8.5 of
Exim Policy and para 8.11 to 8.20 of Handbook (Vol.1). In case
the applicant wants to operate under Diamond Dollar Account
Scheme, he will give a declaration to this effect to Regional
Licensing Authority. RLA will issue Diamond Imprest Licence with
a specific endorsement that this licence shall be operated under
Diamond Dollar Account Scheme. The Licence holder will produce
this licence before the concerned bank with whom Diamond Dollar
Account has been opened who may permit remittance of dollars for
purchase of rough diamonds, equivalent to CIF value of this
licence. On receipt of payments against export / local sales, on
the basis of self declaration indicating the value addition by
exporter / local seller, the bank will credit the value addition
part to Rupee Account and balance to Diamond Dollar Account and
issue a certificate, the exporter will produce such
certificate(s) from the concerned banks as to the amounts
credited to Diamond Dollar Account and Rupee Account to the RLA
at the time of application for redemption. The RLA will issue the
redemption, additional entitlement, if any, after satisfying
itself that all requirements have been met.
(h) Customs appraisal shall be applicable to physical imports /
exports as at present and shall not apply to domestic sale /
purchase of rough / polished diamonds.
(i) The procedure and documents for physical imports and exports
shall remain unchanged for DDA holders including the requirement
of Diamond Imprest Licence / Rep Licence / Bulk Licence / Gem Rep
Licence and replenishment norms, (Appendix 30A) prescribed in the
Exim Policy.
Other provisions of this chapter regarding Bulk licence and Diamond
Imprest Licence like execution of Bank Guarantee / Legal Undertaking,
time period for completion of export obligation, redemption of licence
etc will be equally applicable to the licences issued under this
scheme.
(j) In case of local sale of rough diamonds the amount of sale on the licence shall be
endorsed by the seller duly countersigned by the concerned licensing authorities.
(The above paragraph has been amended vide Public Notice
No.40(RE-00)/1997-2002 dated the 1st November,2000)