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RBI Notification Circulars Master Circulars MASTER CIRCULAR NO. / 08 /2005-06 01/07/2005 (UPDATED AS ON OCTOBER 1, 2005) (PART - IV)

EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTEX) FORM

(For declaration of Software Exports through data-communication links
and receipt of Royalty on the Software Packages/Products exported)

FORM NO: AB

DUPLICATE

SECTION - A (For exports through data communication link)
1.	Name and address of the exporter
2.	STPI Centre within whose jurisdiction the unit is situated
3.	Import-Export Code Number
4.	Category of exporter :	STP/EHTP/EPZ/SEZ/100% EOU/DTA unit
5.	Buyer’s name and address including country and their relationship with exporting unit (if any)
6.	Date and Number of Invoice
7.	a) Whether export contract/ purchase order already registered with STPI.(If ‘No’, please attach copy of the contract/purchase order)	Yes c No c
7.	b) Does contract stipulate payment of royalty	Yes c No c
8.	Name of Authorised datacom service provider	STPI/VSNL/DOT/Internet/Others (Please specify)
9.	Type of software exported (Please mark on the appropriate box on the left side).
	(a) Computer Software	RBI Code
	c Data Entry jobs and Conversion Software Data Processing	9 0 6
	c Software Development	9 0 7
	c Software Product, Packages	9 0 8
	c Others (Please specify)	9 0 9
	(b) Other Software
	c Video/TV Software	9 1 0
	c Others (Please specify)	9 1 1

10.	Analysis of Export Value	Currency	Amount
	(a) Full export value Of which :-
	i) Net value of exports without transmission charges
	ii) Transmission charges included in invoice
	(b) Transmission charges (if payable separately by the overseas client)
	(c) Deduct: Agency commission, at the rate of .......%
	(d) Any other deductions as permitted by RBI (please specify)
	(e) Amount to be realised [(a+b) - (c+d)]
11.	How export value will be realised (mode of realisation) (Please mark on the appropriate box)
	c (a) Under L/C	(a) Name and address _____________ of Authorised Dealer _____________ (b) Authorised Dealer Code No. ________________
	c (b) Bank Guarantee	(a) Name and address of ______________________ Authorised Dealer ______________________ (b) Authorised Dealer Code No. ________________
	c (c) Any other arrangement e.g. advance payment, etc. including transfer/remittance to bank account maintained overseas (Please specify)	(a) Name and address of ___ ___________________ Authorised Dealer ______________________ (b) Authorised Dealer Code No. ________________

SECTION - B
(For receipt of Royalty on Software Packages/Products exported)
12. Details of Software Package(s)/
Product(s) exported
(a) Date of export ___________________________________

(b) GR/SDF/PP/SOFTEX Form No. on ___________________________________
which exports were declared

(c) Royalty agreement details
c %age and amount of royalty ___________________________________
c Period of royalty agreement
(Enclose copy of Royalty ___________________________________
agreement, if not already registered)

13. How royalty value will be realised
(as defined in Royalty agreement) ___________________________________

14. Calculation of royalty amount ___________________________________
(Enclose copy of communication
from the foreign customer)

15. Name and address of designated Authorised ___________________________________
Dealer in India through whom payment has
been received/to be received A.D. Code No. _______________________

SECTION -C
16. Declaration by exporter

I/We hereby declare that I/we am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/we also declare that the software has been developed and exported by using Authorised and legitimate datacom links.

I/We undertake that I/we will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before ......................... (i.e. within six months from the date of invoice/date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999.

Place:

Date:

Stamp

_____________________________

Signature of the Exporter

Name: ________________________

Designation: ___________________

===========================================================================
Enclosure:

==========================================================================
Space for use of the competent authority (i.e. STPI/EPZ/SEZ) on behalf of Ministry of Information Technology
Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order and accepted by us.

Place:

Date:

Stamp

_____________________________

(Signature of Designated Official of STPI/EPZ/SEZ
on behalf of Ministry of Information Technology)

Name: ________________________

Designation: ___________________

For Authorised Dealer’s use only

Certificate by Authorised dealer

AD’s Uniform Code No.......................................

The SOFTEX Form included in the ENC statement sent to the Reserve Bank with the ‘R’ Return (NOSTRO/VOSTRO)
....................................... for the period ending ................................... sent on
(Currency name)
We certify and confirm that we have received the total amount of.......................... ....... as under being the
(Currency) (Amount)proceeds of exports declared on this form.

Date of Receipt	Currency	Credit to Nostro Account in ..................(Country)		Debit to Non-Resident Rupee Account of a bank in ..................... (country)		Period of R-Return with which the realisation has been reported to RBI
		In our name	In the name of **	Held with us	Held with **
1	2	3	4	5	6	7

(** Write the name of the concerned branch of Authorised Dealer)
Any other manner of receipt (Specify) ............................................................................................

Place:____________
Date:____________

Stamp

___________________________
(Signature of Authorised Official)
Name: ____________________________________
Designation : _______________________________
Name & Address of__________________________
Authorised Dealer ___________________________

EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTEX) FORM

(For declaration of Software Exports through data-communication links
and receipt of Royalty on the Software Packages/Products exported)

FORM NO: AB

TRIPLICATE

SECTION - A (For exports through data communication link)
1.	Name and address of the exporter
2.	STPI Centre within whose jurisdiction the unit is situated
3.	Import-Export Code Number
4.	Category of exporter :	STP/EHTP/EPZ/SEZ/100% EOU/DTA unit
5.	Buyer’s name and address including country and their relationship with exporting unit (if any)
6.	Date and Number of Invoice
7.	a) Whether export contract/ purchase order already registered with STPI. (If ‘No’, please attach copy of the contract/purchase order)	Yes c No c
7.	b) Does contract stipulate payment of royalty	Yes c No c
8.	Name of Authorised datacom service provider	STPI/VSNL/DOT/Internet/Others (Please specify)
9.	Type of software exported (Please mark on the appropriate box on the left side).
	(a) Computer Software	RBI Code
	c Data Entry jobs and Conversion Software Data Processing	9 0 6
	c Software Development	9 0 7
	c Software Product, Packages	9 0 8
	c Others (Please specify)	9 0 9
	(b) Other Software
	c Video/TV Software	9 1 0
	c Others (Please specify)	9 1 1

10.	Analysis of Export Value	Currency	Amount
	(a) Full export value Of which :-
	i) Net value of exports without transmission charges
	ii) Transmission charges included in invoice
	(b) Transmission charges (if payable separately by the overseas client)
	(c) Deduct: Agency commission, at the rate of .......%
	(d) Any other deductions as permitted by RBI (please specify)
	(e) Amount to be realised [(a+b) - (c+d)]
11.	How export value will be realised (mode of realisation) (Please mark on the appropriate box)
	c (a) Under L/C	(a) Name and address _____________ of Authorised Dealer _____________ (b) Authorised Dealer Code No. ________________
	c (b) Bank Guarantee	(a) Name and address of ______________________ Authorised Dealer ______________________ (b) Authorised Dealer Code No. ________________
	c (c) Any other arrangement e.g. advance payment, etc. including transfer/remittance to bank account maintained overseas (Please specify)	(a) Name and address of ___ ___________________ Authorised Dealer ______________________ (b) Authorised Dealer Code No. ________________

SECTION - B
(For receipt of Royalty on Software Packages/Products exported)
12. Details of Software Package(s)/
Product(s) exported
(a) Date of export ___________________________________

(b) GR/SDF/PP/SOFTEX Form No. on ___________________________________
which exports were declared

(c) Royalty agreement details
c %age and amount of royalty ___________________________________
c Period of royalty agreement
(Enclose copy of Royalty ___________________________________
agreement, if not already registered)

13. How royalty value will be realised
(as defined in Royalty agreement) ___________________________________

14. Calculation of royalty amount ___________________________________
(Enclose copy of communication
from the foreign customer)

15. Name and address of designated Authorised ___________________________________
Dealer in India through whom payment has
been received/to be received A.D. Code No. _______________________

SECTION -C
16. Declaration by exporter

I/We hereby declare that I/we am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/we also declare that the software has been developed and exported by using Authorised and legitimate datacom links.

I/We undertake that I/we will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before ......................... (i.e. within six months from the date of invoice/date of last invoice raised during a month), specified in the Regulations made under the Foreign Exchange Management Act, 1999.

Place:

Date:

Stamp

_____________________________

Signature of the Exporter

Name: ________________________

Designation: ___________________

===========================================================================
Enclosure:

Place:

Date:

Stamp

_____________________________

(Signature of Designated Official of STPI/EPZ/SEZ
on behalf of Ministry of Information Technology)

Name: ________________________

Designation: ___________________

XOS
(Paragraph 6.C.12)
A. D. Code No……………

Statement of particulars of export bills outstanding beyond prescribed period/ due date of realisation as at 30th June/ 31st December
Part I-Outstanding export bills other than those on deferred payment terms

Sr. No.	Bill No. and date	Name & Address of exporter	Exporter’s Code No./ IE Code No.	Date of export	Due date of reali- sation	GR/PP/ SOFTEX form No.	Port of Shipment	Shipping bill No. and date	Name & address of the overseas buyer	Commodity
1.	2.	3.	4.	5.	6.	7.	8.	9.	10.	11.

Invoice value	Amount Realised	Amount Outstanding	Rupee equivalent of outstanding amount (To be classified as)			Remarks
Currency and Amount	Currency and Amount	Currency and Amount	Cash exports	Exports on consignment basis	Undrawn balances
12.	13.	14.	15.	16.	17.	18.

____________________________________________________________________ Total
_____________________________________________________________________

Part II-Exports on deferred payment terms where instalments (including interest) are outstanding beyond due date

Sr. No.	Name & address of exporter	Exporter’s Code No./ IE Code No.	No. & date of RBI approval for deferred payment term	Date of export	GR Form No.	Port of Ship- ment	Shipping bill No. and date	Name & address of the overseas buyer	Commodity	Invoice value
										Currency & Amount
1.	2.	3.	4.	5.	6.	7.	8.	9.	10.	11.

Value of goods covered under deferred payment terms(including interest)		Total Amount of deferred instalments (including interest) already received		Total Amount of instalments outstanding (including interest) beyond due date		Rupee equi- valent of outsta- nding amount	Whether ECGC cover obtained (Yes /No)	No. & date of bank certificate issued	Remarks
Currency	Amount	Currency	Amount	Currency	Amount
12.		13.		14.		15.	16.	17.	18.

_____________________________________________________________________ Total
_____________________________________________________________________

Part III : Summary

		Part I		Part II
'Cash' exports	Export on consignment basis	Undrawn balances	Total	Exports on deferred payment basis
Rs.	Rs.	Rs.	Rs.	Rs.

Outstandings as on
_______________

(End of previous
half-year)

Add: Addition during
the half- year
under report

Less: Deletion during
the half-year

Net position of
outstanding as on
______________

(End of half-year
under report)

We certify that all export bills i.e. export bills purchased, negotiated and sent for collection, outstanding beyond the prescribed period / due date of realisation of as at the end of halfyear under report have been included in this statement.

Place: ___________________

Date : ___________________

Stamp

(Signature of Authorised Official)

Name: ______________________

Designation: _________________

Annex- 3
(C.15 Self write-off and extension of time)

(PART A)
Annual statement to be furnished to Authorised Dealers by exporters giving details of export performance during a calendar year as on 31 Dec…..

(Amount in Rs 000s)

Total Export Proceeds Due within the Prescribed period of 180 days or higher period as applicable		Total Export Proceeds realized within the prescribed period of 180 days or higher period as applicable		Export proceeds not realized within the Prescribed Period of 180 days or higher period as applicable
No.of GR/SOFTEX/SDF/PP forms due	Amount	No.of GR/SOFTEX/SDF/PP forms	Amount	No.of GR/SOFTEX/SDF/PP forms	Amount
		Fully Realised Partly Realised

(PART B)

(Amount in Rs 000s)

Details of Export Bills not Realised (partly or fully) within the prescsribed period		Details of Extension /Reduction in invoice value/ Write off by the Exporter himself		Extension/ Reduction in invoice value / Write off sought from AD
GR/SOFTEX/SDF/PP No.	Amount	Amount	Revised due date @	Amount	Revised due date @
(1)		(2)		(3)

Total

NOTE : 1) The exporter should approach AD/RBI for extension of time in respect of bills in Column (3) in PART B.

2) Total of Bills in Column (2) in Part B should not exceed 10% of those in Column 1 of PART A

3) From 2005 onwards Bills in Column 1 of PART A will include those which have been extended for realisation by the exporter himself or with the approval of AD/RBI.

4) In respect of export bills written off (including reduction in invoice value) evidence for surrender of export incentives to be enclosed.

@ For cases of extension

Exporters Signature :

Verified by Authorised Dealer

Appendix

List of circulars which have been consolidated in the
Master Circular on Export of Goods and Services

Sr.No.	Circular No	Date
1.	A.P.(DIR Series) Circular No.4	August 27, 2001
2.	A.P.(DIR Series) Circular No.5	August 27, 2001
3.	A.P.(DIR Series) Circular No.6	September 24, 2001
4.	A.P.(DIR Series) Circular No.9	October 25, 2001
5.	A.P.(DIR Series) Circular No.10	November 1, 2001
6.	A.P.(DIR Series) Circular No.20	January 28, 2002
7.	A.P.(DIR Series) Circular No.30	March 26, 2002
8.	A.P.(DIR Series) Circular No.34	April 1, 2002
9.	A.P.(DIR Series) Circular No.35	April 1, 2002
10.	A.P.(DIR Series) Circular No.38	April 12, 2002
11.	A.P.(DIR Series) Circular No.53	June 27, 2002
12.	A.P.(DIR Series) Circular No.54	June 29, 2002
13.	A.P.(DIR Series) Circular No.2	July 4, 2002
14.	A.P.(DIR Series) Circular No.10	August 14, 2002
15.	A.P.(DIR Series) Circular No.11	August 14, 2002
16.	A.P.(DIR Series) Circular No.12	August 28, 2002
17.	A.P.(DIR Series) Circular No.21	September 16, 2002
18.	A.P.(DIR Series) Circular No.28	October 3, 2002
19.	A.P.(DIR Series) Circular No.33	October 23, 2002
20.	A.P.(DIR Series) Circular No.34	October 31, 2002
21.	A.P.(DIR Series) Circular No.41.	November 8, 2002
22.	A.P.(DIR Series) Circular No.61	December 14, 2002
23.	A.P.(DIR Series) Circular No.62	December 17, 2002
24.	A.P.(DIR Series) Circular No.78	February 14, 2003
25.	A.P.(DIR Series) Circular No.91	April 1, 2003
26.	A.P.(DIR Series) Circular No.94	April 26, 2003
27.	A.P.(DIR Series) Circular No.100	May 2, 2003
28.	A.P.(DIR Series) Circular No.104	May 31, 2003
29.	A.P.(DIR Series) Circular No.105	June 16, 2003
30.	A.P.(DIR Series) Circular No.8	August 16, 2003
31.	A.P.(DIR Series) Circular No.12	August 20, 2003
32.	A.P.(DIR Series) Circular No.20	September 23,2003
33.	A.P.(DIR Series) Circular No.22	September 24, 2003
34.	A.P.(DIR Series) Circular No.26	October 3, 2003
35.	A.P.(DIR Series) Circular No.30	October 21, 2003
36.	A.P.(DIR Series) Circular No.32	October 28, 2003
37.	A.P.(DIR Series) Circular No.40	December 5, 2003
38.	A.P.(DIR Series) Circular No.61	January 31, 2004
39.	A.P.(DIR Series) Circular No.68	February 11, 2004
40.	A.P.(DIR Series) Circular No.73	February 20, 2004
41.	A.P.(DIR Series) Circular No.94	June 7, 2004
42.	A.P.(DIR Series) Circular No.96	June 15, 2004
43.	A.P.(DIR Series) Circular No.97	June 21, 2004
44.	A.P.(DIR Series) Circular No.9	September 1, 2004
45.	A.P.(DIR Series) Circular No.10	September 13, 2004
46.	A.P.(DIR Series) Circular No.25	November 1,2004

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