Government of India
Ministry of Commerce & Industry
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
( Policy Division )
Policy Circular No. 7/2002
Dated : 11th July, 2002
All Regional Licensing Authorities,
Subject: Condonation of procedural lapse of not mentioning EPCG Licence No. and date on the shipping bills relating to exports effected for fulfillment of EO.
Attention is invited to paragraph 5.7.1 of the Hand Book of Procedures (Volume 1), 2002-07, according to which at the time of export the EPCG licence No and date shall be endorsed on the shipping bills which are proposed to be presented towards discharge of Export Obligation.
Representations are being received from various exporters for condonation of procedural lapse of not mentioning EPCG licence No. and date on the shipping bills relating to the exports for fulfillment of EO under EPCG Scheme. In this regard a decision has been taken in relaxation under para 2.5 of the Exim Policy that such procedural lapse may be condoned in relaxation of the existing policy provisions subject to submission/verification of the following documents:-
IN CASE OF DIRECT EXPORTS
(I) An Affidavit/undertaking, duly certified by an independent CA, declaring that the exports accounted for fulfillment of EO against a particular EPCG licence have not been/shall not be taken into account for fulfillment of EO against any other EPCG licence.
(II) List of EPCG licences obtained by the licence holder.
(III) The product exported under the shipping bill was manufactured by using the imported machinery under EPCG
IN CASE OF THIRD PARTY EXPORTS
(I) No objection certificate from the 3rd party(s) for accepting the subject exports for fulfillment of EO against the EPCG licence obtained by the licence holder.
(II) An Affidavit/undertaking in a stamp paper, duly certified by an independent CA, declaring that neither the licence holder nor the 3rd party(s) has counted/shall count in future, the exports shown against a particular EPCG licence towards fulfillment of EO against any other EPCG licence.
(III) List of EPCG licences obtained by the licence holder as well as by the 3rd party(s).
(IV) A declaration from the 3rd party(s) in a stamp paper, duly certified by an independent CA, declaring that the products exported for fulfillment of EO by them on behalf of the licence holder as per details given in the statement of exports, were manufactured by the licence holder.
(V) This would be subject the condition that the relevant shipping bills contain both the names of the 3rd party(s) and the licence holder.
Regional Licensing Authorities may dispose of the cases for fulfillment of EO/redemption of BG in such cases, keeping in view of the above guidelines without making further reference to Hqrs.
This issues with the approval of DGFT.
(A Bipin Menon)
Dy.Director General of Foreign Trade
( F.No.01/36/218/35/AM03/ EPCG II)