Drawback recovery on export where sale proceeds not realized

Subject : Procedure for recovery of drawback where sale proceeds of exports have not been realised by exporters.

Attention is invited to Circular No. 3/97-Customs dated 4th February, 1997 whereby procedure for recovery of drawback under Rule 16 A of Drawback Rules, 1995 in cases of non-repatriation of foreign exchange was prescribed. The matter was further pursued with RBI who modified the proforma of their XOS Statement by their A.D. Circular No. 14 dated September 9, 1996 to incorporate the particulars of Shipping Bill No. and the Port of export. The RBI has, however, agreed to make available XOS Statement by their Regional Offices only of the nodal Custom Houses as per list at Annexure-I.

2. The nodal Custom Houses as indicated in Annexure-I should ensure that on receipt of XOS Statement from Regional Offices of RBI, the information on cases where export proceeds have not been realised is promptly forwarded to the Customs authorities at the Port of exports as indicated in the said Statement. Immediately on receipt of said information, the Custom House at the Port of export shall take  necessary action in terms of Rule 16 A of the Drawback Rules, 1995. Commissioner of the nodal Customs Houses should ensure that information received from RBI is disseminated to the Customs authorities at the Port of export within 15 days.