Government orders for physical verifications of all documents to ensure strict compliance of provisions in wheat export registration process

The Directorate General of Foreign Trade has directed Regional Authorities to physically verify all documents of applicants for export of wheat before issuing Registration Certificates (RCs). The order has been issued to ensure that the exporters are not issued RCs based on improper documents.

In order to plug the loophole, it has been decided that Regional Authorites will do a physical verification of all Letters of Credit, whether already approved or under process. Wherever necessary, help of a professional agency may be taken for such verification, the order adds.

The order lays down following further checks:

1. Validation/endorsement by Recipient Bank to be ensured while doing physical verification

2. In cases where the LC date is on or prior to 13thMay 2022 but the swift message / message exchange date between the Indian and Foreign bank is after 13thMay 2022, Regional Authjorities may conduct full investigation and if these are found to be ante–dated, immediate proceedings under FT (D&R) Act, 1992 to be initiated against the exporters.  Such cases to be further examined for referring to enforcement agencies like Economic Offence Wing (EOW) / Central Bureau of Investigation (CBI). In case of complicity of any Banker in cases where ante-dating is established, necessary proceedings as per law will be initiated.

The Government of India had earlier (on 13th May 2022) restricted wheat exports to manage the overall food security situation in India and to support the needs of neighbouring and vulnerable countries that are adversely affected by the sudden changes in the global market for wheat and are unable to access adequate wheat supplies.

Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
……………..

Trade Notice No. 11/2022-23 | Dated 30th May, 2022

To
1. All Regional Authorities of DGFT
2. Members of Trade

Subject: Implementation of Notification No.06/2015-2020 dated 13th May, 2022- Issue of RCs due to Prohibition on Export of Wheat.

Reference is invited to Notification No.06/2015-2020 dated 13th May, 2022 amending the export policy of Wheat under S.No.59 of Chapter 10 of Schedule — 2 of the ITC (HS) Export Policy from ‘Free’ to ‘Prohibited’ with immediate effect read with Trade Notices No.06/2022-2023 dated 14th May, 2022, No. 07/2022-2023 dated 17th May, 2022, No. 08/2022-2023 dated 17th May, 2022 , No. 09/2022-2023 dated 23rd May, 2022 and No. 10/2022-2023 dated 24th May, 2022.

2. DGFT (Hq.) vide Circular dated 19th May 2022 issued guidelines to all RAs for strict compliance before issuance of Registration Certificates (RCs) to the eligible exporters. Inspite of these steps and due diligence exercised by RAs in the process, it has been apprehended that some of the exporters are applying for RCs from the RAs based on improper documents and therefore more checks need to be put in the system.

3. In order to plug the loopholes, it has been decided that RAs will do a physical verification of all LCs, whether already approved or under process and for that if necessary, help of a professional agency may be taken. While doing physical verification, validation / endorsement by Recipient Banks may be ensured.

Export of Wheat- RAs will do physical verification of all LCs

4. Further in cases where the L/C date is on or prior to 13.05.2022 but the swift message / message exchange date between the Indian and Foreign bank is after 13.05.2022, RAs may conduct full investigation (if required, through external experts) and if these are found to be ante-dated, immediate proceedings under FT (D&R) Act, 1992 needs to be initiated against the exporter. Such cases will be further examined for referring to enforcement agencies like Economic Offence Wing (EOW) / Central Bureau of Investigation (CBI). In case of complicity of any Banker in cases where ante-dating is established, necessary proceedings as per law will be initiated.

5. Henceforth all RC applications found eligible for approval after physical verification of the LCs by the RAs, would be sent to a 2 member committee of Addl DGFTs constituted in DGFT (Hqrs) for further checking and approval. After approval of this committee only, the concerned RA would issue RC to the exporter.

6. RAs are requested to process all such applications with due diligence and in compliance with the instructions.

This issues with the approval of competent authority.

(S. K. Mohapatra)
Deputy Director General of Foreign Trade
E-mail: mohapatra.sk@nic.in

(Issued from F.No. 01/91/180/032/AM22/EC/Pt,/E-31336)

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