Policy Circular No. 39/97-98 dated the 18.3.98

Special Import Licence - Eligibility under Policy & HB are Exclusive - Eligibility of Exporters other than EH, TH, etc. - Licensing Authority for Composite DTA Units and EOUs

Sub: Eligibility for availing Special Import Licence and jurisdiction of Regional Licensing Authorities for grant of SIL.

Several representations have been received with regard to availability of Special Import Licence under different provisions of Exim Policy 1997-2002 and Handbook of Procedure (Vol- 1) 1997- 2002. It is to clarify that benefits of Special Import Licence provided under paragraph 11.9, 14.2, 11.11/12.7 Handbook of Procedure (Vol. 1) are mutually exclusive:-

2. Clarifications have also been sought whether a unit, which is having a status certificate and is also an EOU/EPZ unit, should file the claim for SIL with Development Commissioner or with Regional Licensing Authorities concerned. This issue is raised because sometimes Development Commissioners are not able to consider the applications received from EOU/EPZ units, when they clubbed export performance of its branch office in DTA. In this connection, it is clarified as under:

(a) It is an EOU/EPZ unit and not having any branch in DTA then for the exports affected from such unit, it should file the application for SIL before Development Commissioner concerned;

(b) If a company’s is having its office both in EOU/EPZ and in DTA, then the firm shall make a combined application before Regional Licensing Authority concerned. While doing so, the applicant should submit a declaration that for exports effected from EOU/EPZ units, and under consideration now, no SIL has been claimed from Development Commissioner

(c) If a company is having a registered office/Head Office under the jurisdiction of one Regional Licensing Authority and its branch office under the jurisdiction-of another Regional Licensing Authority, In that case it shall combine the export performance of its Registered/Head office as well as its branches whether In DTA or EOU/EPZ and make a combined application before the concerned Regional Licensing Authority under whose jurisdiction the Registered/Head Office is situated. While doing so, applicant should give a declaration that in respect of such exports the application for SIL has not. been filed with the Development Commissioner or any other Regional Licensing Authority.

3. A number of letters have been received seeking clarifications regarding period of eligibility for grant of SIL in terms of Para 11.11 of Handbook of Procedure. In this context, it is clarified that SIL under this provision was introduced vide Public Notice No.371 DT. 30.8.96, which clearly stated that this facility would be avail-able for export effected from 1.4.96 based on export performance of Rs. 5 Crores during preceding licensing year or average export performance of Rs. 2 Crores during preceding three licensing years. Accordingly for claiming the benefit of SIL for exports made during 1996-97, exporter would be eligible if it has an export performance of As. 5 Crores during preceding licensing year i.e. 1995-96 or average annual export performance of Rs. 2 Crores during preceding three, licensing years i.e. 1995-96, 1994-95 and 1993-94.

4. This issues with the approval of DGFT.

Sd/-
(L.B. Singhal)
Dy. Director General of Foreign Trade

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