Nilesh M Kharche, LLB, CS
- For calming the benefits under the Foreign Trade polity (FTP) an Importer Exporter needs IEC along with other documents.
- Some Benefits are prescribed in the Chapter 3 of the FTP such as:
- Duty credit scrip listed under chapter 3, 4 etc such as 3.12, as Served from India, 3.13, Special agricultural and village scheme, 3.14 Focus market scheme etc (Duty Credit Scrip means to the extent of amount mentioned therein, customs duty need not be paid by the exporter for his above imports), Chapter 5 Export Promotion Capital Goods (custom duty concessions e.g. 0%, 3% etc)
Foreign Trade Policy (Notification No. 1 (Re-2012)/2009-2014 dated 5th June 2012 (Central Govt notification in terms of Section 5of Foreign Trade (Development & Regulation) Act, 1992 (No. 222 of 1992)
Chapter 2, Point 2.12 relating to Importer Exporter Code states:
(a) No export of import shall be made by any person without an IEC number unless specifically exempted. An IEC shall be granted on application by competent authority in accordance with procedure specified in HBP v1
(b) Exempt Categories and Permanent IEC numbers are given in Para 2.8 of HBP v1
The following categories of importers or exporters are exempted from obtaining Importer – Exporter Code (IEC) number:
- Importers covered by clause 3 (1) [except sub-clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and (k)] of the Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993.
- Ministries/Departments of the Central or State Government.
- Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture.
- Persons importing/exporting goods from/to Nepal provided the CIF value of a single consignment does not exceed Indian Rs.25,000.
- Persons importing/exporting goods from/to Myanmar through Indo-Myanmar border areas provided the CIF value of a single consignment does not exceed Indian Rs.25,000.
(Para 2.8, Handbook of Procedures (Vol 1) 27th August- 31-03-2014 w.e.f. 05.06.2012, Public Notice No. 1 (RE-2012/2009-2014) New Delhi dated 05th June 2012 issued in the exercise of powers conferred under Para 2.4pf the FTP 2009-2014
Permanent IEC Nos
|Sr. No||Code Number||Categories of Importers / Exporters|
|1||0100000011||All Ministries / Departments of Central Government and agencies wholly or partially owned by them.|
|2||0100000029||All Ministries / Departments of any State Government and agencies wholly or partially owned by them.|
|3||0100000037||Diplomatic personnel, Counselor officers in India and officials of UNO and its specialized agencies.|
|4||0100000045||Indians returning from / going abroad and claiming benefit under Baggage Rules.|
|5||0100000053||Persons / Institutions / Hospitals importing or exporting goods for personnel use, not connected with trade or manufacture or agriculture.|
|6||0100000061||Persons importing / exporting goods from /to Nepal|
|7||0100000070||Persons importing / exporting goods from /to Myanmar through Indo-Myanmar border areas|
|9||0100000096||Importers importing goods for display or use in fairs / exhibitions or similar |
events under provisions of ATA carnet This IEC number can also be used by
importers importing for exhibitions/fairs as per Para 2.29 of HBPv1.
|10||0100000100||Director, National Blood Group Reference Laboratory, Bombay or their authorized offices.|
|11||0100000126||Individuals / Charitable Institution /Registered NGOs importing goods, |
which have been exempted from Customs duty under Notification issued by Ministry of Finance for bonafide use by victims affected by natural calamity.
|12||0100000134||Persons importing / exporting permissible goods as notified from time to time, from / to China through Gunji, Namgaya Shipkila and Nathula ports, |
subject to value ceilings of single consignment as given in Para 2.8(iv) above.
|13||0100000169||Non-commercial imports and exports by entities that have been authorized by Reserve Bank of India.|
Authority before which application needs to be submitted:-
The Office of the nearest Joint Director General of Foreign Trade having jurisdiction over the area where the enterprise is situated (Registered Office in case of the Company).
In the ‘Aayaat Niryaat Form – ANF2A’ and shall be accompanied by documents prescribed therein.
Only one IEC would be issued against a single PAN number. Any proprietor can have only one IEC number and in case there are more than one IECs allotted to a proprietor, the same may be surrendered to the Regional Office for cancellation.
It is the permanent number till it is surrendered or cancelled.
Updation/Modification of IEC
An application in ANF 2A and all the Parts including Part C with other documents including documents relating to change needs to be submitted (Refer Appendix II and III)
If there is any change in the
- Name of the IEC holder;
- Address of Registered / Branch office / Factory address;
- Constitution viz. Change in Directors, conversion from Proprietorship concern to Firm, Firm to Company, Pvt Ltd to Public Ltd, change in Bank details, etc.
- PAN Details of the IEC holder.
Documents required to be submitted
- DD of Rs. 250 in favor of Joint Director General of Foreign Trade;
- Covering Letter addressed to Joint Director General of Foreign Trade for the submission of the application;
- ANF 2A (Ayat Niryat Form);
- Certificate from the Bank as per the specified format in Part B;
- Undertaking in Part D;
- Self Certified copy of PAN;
- Self Certified copy of MOA, AOA in case of the Company, Partnership Deed in case of Partnership firm i.e. document of constitution of the entity;
- Two Loose Photographs;
- Two Envelopes, each bearing 2 postal stamps of Rs. 15 each, one addressed to the Company and second to the Bank;
- Certified True copy of the resolution in case of the Company;
- Certified True copy of Form 1,18 and 32 in case of the Company
Guidelines for submission of IEC
- Please ensure that all the fields are ticked;
- In the Bank Certificate Name & Designation of the person whose photo is given need to be mentioned before the photo and the Bank Official signature and stamp should be there & the applicant/ Company’s name should be same everywhere;
- No photocopy signature print will be accepted;
- Go to the office of Joint DGFT, take a IEC file (Flat file) from the person outside the office standing there;
- Attach (Staple) the DD as mentioned above to the file from inside on the cover side (left);
- Attach (Staple) the envelopes as mentioned above one bellow one to the covering letter;
- Compile all the documents and put all those in the file and with the help of a ribbon bind them. (Please note spiral binding is not required)
- Submit the file at the counter set up for the purpose of receiving the IEC application, they will give a receipt and call on a specific day (mostly the day following the next day)
- Two days time is prescribed for the disposal of the application.
Post submission activities of IEC
- Attend the office on the specific day called. If any the queries are there from officer, the file will be handed over to the applicant with the queries mentioned on the first page of the application or otherwise.
- Sort the queries raised in detail
- Prepare a covering letter containing the replies to the queries and rectifications carried out.
- Take the signature of any other Director or Authorised Signatory on such covering letter and Re-submit the file along with the relevant documents and again they would call on specific day;
- Attend the office on that day, if still new queries are there follow the procedure as above or the file will be approved and they would call again on specific day.
- Attend the office, search the receipt of the Company’s name on the table in the JDGFT’s Office if the receipt is not there then collect the same from the counter officer and Certificate will be dispatched to Company within seven days (IEC code may not be on the receipt and will be received directly by the Company.)
- http://www.dgft.gov.in/ (DGFT website)
- http://dgft.gov.in/exim/2000/download/Appe&ANF/38B.pdf and
- http://www.cbec.gov.in/customs/cs-act/formatted-htmls/forgntrade-order.htm (For FOREIGN TRADE (EXEMPTION FROM APPLICATION OF RULES IN CERTAIN CASES) ORDER, 1993 Ministry of Commerce
Notification S.O. No. 1056 (E), dated 31-12-1993)