PUBLIC NOTICE NO. 21/2004-09, DT. 08/11/2004

Mandatory returns - Validity Of Import Licence/Certificate/ Permissions/ CCPS

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)

Presented by eximkey.com