TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY

(PART-I, SECTION-1)

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE

PUBLIC NOTICE NO. 9 (RE-98)/1997-2002

NEW DELHI: 30.4.1998

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 (incorporating amendment upto 13.4.98).

1. In paragraph 4.15 (a) (i), the validity period of licences may be amended to read as 18 months instead of 12 months.

2.In paragraph 4.15 (a) (iv), the word `Special Import Licence’ may be replaced by the word `Special Imprest Licence’ and the validity period may be stated to be 18 months or coterminus with the contracted duration of the execution of the project, whichever is later.

3.The following shall be added after sub paragraph 4.16:

`However, in cases where revalidation of the licences is to be considered by DGFT, the original application alongwith TR/Demand Draft shall be submitted to the regional licensing authorities concerned and copy of the same shall be submitted to DGFT.
4.In paragraph 4.24, the word `100% of customs duty saved’ may be replaced by the word `100% of the excise duty saved’.

5.In paragraph 6.14, the last sentence shall be corrected to read as follows:

” In cases, where the CIF value actually utilised for import is more than the CIF value of the licence, the EPCG holder shall furnish additional fee to cover the excess CIF value of imports subsequently”.
6.The second sentence of paragraph 7.4(b), may be amended to read as follows:

In such cases, the original copy of application with TR/Demand Draft shall be given to the concerned licensing authority’
7.The third sentence in paragraph 7.22 may be amended to read as follows:

Request for further extension, may be considered by the regional licensing authorities subject to payment of penalty 5% on the unfulfilled FOB value of export obligation with reference to the CIF value of imports made for which extension is being sought.
8.The following shall be added at the end of paragraph 10.7:

However, for supplies to EHTP/STP, the DTA unit shall claim such benefits from the licensing authority concerned.
9.In paragraph 10.11, the last sentence may be corrected to read as under:

The domestic supplier shall be eligible for the benefits given in paragraph 10.3 (a) (b) and (d) of the Policy’.
10.In paragraph 12.7 (a), the word and expression `exports made on or after 1st April, 1997’ shall be replaced by the word and expression `exports made on or after 1st April, 98’

11.The following shall be added in the table given under paragraph 12.7 (f).

Increase in export turnover over the preceding year on FOB basis/NFE basis, instead of `increase in export turnover over the preceding year’.
12.Following note shall be added at the end of paragraph 12.7 (f):

Note: In cases where the exporters are entitled for SIL benefit on six monthly basis, the increase in export turnover shall be calculated on six monthly basis over the preceding six months.
13.Following shall be added as paragraph 12.8(A) after paragraph 12.8:

12.8 (A) ‘The exporters who were holding recognition certificate for the period 1997-98 under Export Import Policy 1997-2002 or under Exim Policy 1992-97 and have also obtained recognition certificate under the current Policy have an option to claim SIL based on exports made during preceeding licensing year subject to following conditions:

a. The irrevocable option shall be exercised at the time of filing the application for recognition which shall be endorsed on the certificate at the time of its issuance;

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b. The exports made prior to 1st April 1997 shall be entitled for SIL in accordance with the provisions contained in Export Import Policy 1992-97 and in accordance with the rate and procedure prescribed in Handbook of Procedure (Vol.1)-1992-97;

c. Application against exports made on or after 1st April 1997 shall be filed in the form given in Appendix-20D and shall be entitled for SIL against export proceeds realised on an annual basis during preceeding licensing year;

d. The application for SIL shall be filed within a period of six months from the end of the licensing year or 90 days following the grant of renewal / recognition certificate whichever is later;

e. The provisions contained in paragraph 12.8 (e) shall also be applicable.’

14. In paragraph 13.5, the word `Regular monthly return/ details’ may be replaced by the word ` quarterly returns/details’.

15. The following shall be added after col. 11 in Appendix- 1A,

12. Details of the directors/Partners/Proprietors/Karta to be given in the following manner.

(a) Name: _______________

(b) Fathers name _________

(c) Residential address _________

(d) Telephone ___________

(Note) : attach extra sheet wherever required)

Place: __________
Signature of the Director/ Partner/

Proprietor/Karta _______________________
Date _________
Name:_________________________________

Designation ___________________________

16. The following shall be added as Declaration/Undertaking after S.No. 5 of Appendix 2-A.

6.`I/we hereby certify that none of the Director/ Partner/ Proprietor/ Karta of the firm or company is a Director/ Partner/ Proprietor/ Karta of the firm/Company which has come to the adverse notice of DGFT’.

17.  In Annexure 1 and 2 of Appendix – 8, the column of ITC(HS) Code shall be added after the column of description regarding details of items applied for import. In Annexure 3 of Appendix 8, the column of ITC(HS) Code shall be added after the Column of description of animals applied for import

18. In Appendix 14A the second sentence of paragraph 2 may be amended to read as follows:

`The description, quantity and value of goods as described below to be supplied to us directly by the sub contractor or to be supplied by the sub-contractor to the main contractor for a total value of Rs. (figure and words) ———- is shown in the main contract and is in accordance with the relevant Policy/procedure applicable to such contracts’

19. In Appendix 14B, the word and expression `quantity and value of the goods which has now been supplied to us’ as appearing in paragraph 1 of the form I-B may be amended to read as ` quantity and value of the goods which has now been supplied to us or to the main contractor”.

20. The vertical column 8 & 9 appearing at S.No. 8 on page App.136. of appendix 19 may be deleted.

21. The word `FOR value of export’ appearing in vertical column 7 of S.No. 7&8 of Appendix 19 may be amended to read as `FOB value of export’.

22. The Declaration that `I/we hereby declare that against the FOB value of export show in the application, the exports have been made in freely convertible currency as appearing in Appendix 19’ may be deleted.

23. Column 5(c) and 8(c) as appearing in Appendix 20D may be corrected to read as `Fruits vegetables, floriculture and horticulture products’ instead of `Agriculture and Allied products’.

24. Following shall be added as Note No. 4 at the end of the bank certificate of export and realisation as given in Appendix

“In case of exports under DEPB scheme, the FOB value in free foreign exchange shall be converted into Indian rupees as per the authorised dealers’ T/T buying/on-demand buying rate, as the case may be, prevalent on the date of negotiation/purchase of document”
This issues in public interest.

Sd/-

(N.L.Lakhanpal)

Director General of Foreign Trade

Copy to all concerned;

By orders etc.,

(Ajay Sahai)

Dy.Director General of Foreign Trade

(Issued from F.No. PRU/AS/98-99/ hbreview)

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