Public Notice No. 15(RE-98)/1997-2002 dated the 8th June, 1998

HB Vol.1 amended - EPCG Scheme - DES - Appendix 32

In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, as notified in the Gazette of India extraordinary, Part-II- Section 3 - Sub- section (ii) vide S.O No. 283(E) dated 31.3.97, the Director General of Foreign Trade hereby makes following amendment in the Handbook of Procedures (Vol.1)1997-2002:

1. The following shall be added as paragraph 4.31:

'In cases where application is to be considered by RALC/ZALC/ALC/Regional EPCG committee/Zonal EPCG scheme/Hqrs. EPCG Committee/Special Licensing Committee/Export licensing Committee/High Powered licensing Committee, the original copy of the application alongwith prescribed fee shall be filed with regional licensing authorities concerned and an attested copy of the same shall befiled with the above Committees'.

2. The last sentence of paragraph 6.14 shall be amended to read as under:

"In cases, where CIF value actually utilised is more than the CIF value covered by the licence, the licence holder shall furnish additional fee to cover the excess CIF value of imports subsequently"

3. The following shall be added at the end of paragraph 6.14:

" If the actual utilisation of the EPCG licence is below 90% of the threshold limit of the zero duty EPCG scheme, the licence holder shall be required to pay full customs duty together with 24% interest immediately to the Customs authorities and produce evidence to that effect to the concerned licensing authority within a period of one month".

4. The word '24% interest' wherever appearing in paragraph 6.11 (c) and paragraph 6.19 shall be replaced by the word and expression '24% interest per annum'.

5. The first sentence of paragraph 7.9(i) shall be amended to read as under:

"While applying for the first licence to RALC / ZALC, the applicant shall endorse a copy of the application as given in Appendix 11A together with Appendix 11B as annexure to the Special Advance Licensing Committee".

6. The sub paragraph under paragraph 7.4 (a) shall be amended to read as under:

"In case of export of gold / silver / platinum jewellery and articles thereof, the application shall be made to the licensing authority concerned as given in Appendix 27 and the quantity, wastage and value addition norms shall be as given in Chapter 8 of the Policy and Chapter 8 of the Handbook of Procedures".

7. Paragraph 7.28B may be amended to read as under:

"Quantity based / Value based licences issued as per Export and Import Policy 1992-97, shall be governed, for the purpose of regularisation, in accordance by the provisions of that Policy/Procedures, 1992-97 (RE-96). However, in such cases also, the licence holder shall be required to furnish Bank Certificate of Export and Realisation showing realisation of export proceeds.

8. The first sentence of sub paragraph under paragraph 7.38 shall be amended to read as under:

"The DEPB shall be initially issued with non transferable endorsement in cases where realisationhas not taken place to enable the exporter to effect imports for his own use. However, upon receipt of realisation, the DEPB shall be endorsed transferable. In cases where the applicant applies for DEPB after realisation, the DEPB shall be issued with transferable endorsement".

9. The following shall be added at the end of paragraph 15.4:

"Provided, however, the licensing authority issuing the IEC code may, for sufficient reasons to be recorded in writing, condone the delay on payment of a penalty of Rs. 5000/ -".

10. The word 'ownership' appearing in the heading of paragraph 15.4 stands deleted.

11. The following shall be added under Appendix 32B:
'TUV bayren (India), 312, Neelkhant Commercial Centre, Sahar Road, Sahar, Mumbai- 400099'

12. The heading of the Appendix 32B shall be amended to read as 'list of IS / ISO 9000 (series) Certification agencies

13. List of WHOGMP Certification agencies.
a) Drug Controllers / FDA Commissioners of the concerned states.

14. The following shall be added in column 4 relating to value cap for calculation of DEPB entitlement against S.No. 65 of electronics products as given in Appendix 28A. - 'Rs.750/- per piece'.

15. The following shall be added as paragraph 6.8A:
'EPCG applications relating to Electronics and Software sector shall be considered by the regional licensing authorities concerned as per the financial power given below, on the basis of the recommendation received from the nodal / designated officer of Deptt. of Electronics with regard to the nexus of capital goods with export:

 -----------------------------------------------------------------------------------	CIF VALUE			COMPETENT AUTHORITY -----------------------------------------------------------------------------------	Upto Rs. 2 Crore. 		The head of the regional licensing authority 	Above Rs. 2 Crore and 		Zonal Jt.DGFT 	upto 10 Crore 	Above Rs. 10 Crore but 		DGFT 	upto Rs. 20 Crore 	Above Rs. 20 Crore 		Commerce Secretary ------------------------------------------------------------------------------------ A copy of the application shall be sent to the concerned nodal / designated officer of the Deptt. of Electronics and upon the receipt of the recommendation, the licenses shall be issued without putting the same to the EPCG Committee'. 16. The following shall be added in column 4 after S.No. (v) against the jurisdiction of Jt.DGFT,CLA as given in S.No. 2 of column 2. (vi). Saharanpur. Consequently, the district Saharanpur mentioned in column 4 against S.No. 10 stands deleted and Mujaffarnagar is re-numbered as S.No. (i). (The above changes are in appendix 27) This issues in public interest. 

Sd/-
(N.L.Lakhanpal)
Director General of Foreign Trade

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