GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
PUBLIC NOTICE No. 34/2015-2020
NEW DELHI, DATED THE 24 October, 2017
Sub: Onetime relaxation for EO extension and clubbing of Advance Authorizations – reg.
F. No. 01/94/180/186/AM18/PC-4. In exercise of powers conferred under Para 2.04 and 2.58 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Foreign Trade on recommendation of Policy Relaxation Committee (PRC), in public interest, hereby makes the following one time relaxations in the provisions of extension of export obligation period and clubbing of advance Authorizations.
l. Facility of Clubbing of Advance Licenses/ Authorizations:
Onetime relaxation of Para 4.38(i) of Handbook of Procedures 2015-2020, for clubbing of Advance licenses /Authorizations issued under Foreign Trade Policy 2002-2007 and 2004-09 is hereby permitted. Request for clubbing shall be made in ANF-4C to the respective RAs along with prescribed documents. RA shall process the cases as per Para 4.38 of Handbook of Procedures 2015-2020. The last date for submission of such application shall be 31.3.2018. Any applications received in RA, after 31.3.2018 shall not be entertained for clubbing and case shall be regularized either under Para 4.49 of HBP or by initiation of adjudication proceedings on or before 31.05.2018 positively.
No clubbing shall be permitted in respect of Authorizations where misrepresentation / fraud have come to the notice of RA. Further, no clubbing of Authorizations, where EODC/redemption letter has already been issued or adjudication orders have already been passed by RA/Customs Authority, shall be permitted.
2. Extension of Export Obligation Period:
Onetime relaxation is provided for extending Export Obligation (EO) period subject to the conditions specified below.
Exports made under Advance Licenses/ Authorizations issued under Foreign Trade Policy 2002-07, Foreign Trade Policy 2004-2009 and Advance authorizations issued prior to 5.6.2012 under Foreign Trade Policy 2009-14 shall be regularized by way of extension of Export Obligation Period, as per the procedure prescribed below:
a. Where exports have been made within 36 months from the date of issue of Advance Licenses / Authorizations, same shall be regularized without insisting for any composition fee, except the cases where authorizations issued under Policy circular No-9 dated 30.6.2003/ or items covered under Appendix-30 A of HBP 2004-09/ HBP 2009-14.
b. For the exports made after 36 months but within 48 months shall be regularized on payment of composition fees as follows:
i. @ 0.5% per month of FOB value of exports made after 36 months but within 42 months
ii. @ 1% per month of FOB value of exports made after 42 months but within 48 months
c. For Authorizations issued under Policy circular No-9 dated 30.6.2003 or inputs covered under Appendix-30A of HBP 2004-09 / HBP 2009-14:
Extension of export obligation period can be granted for a period equivalent to half of the stipulated initial export obligation period on payment of composition fee as follows:
i. @0.5% per month of FOB if exports made within initial export obligation period is more than 50% of stipulated EO.
ii. @ I% per month of FOB if exports made within initial export obligation period is less than 50% of stipulated EO.
d. Request for extension of Export obligation period shall be filed in respective RAs, on or before 31.3.2018. Any applications received after 31.3.2018 shall not be considered as per this Public notice.
e. Only shipping bills which bear file number/ Advance Authorization number in question shall be taken into account. No free shipping bills shall be allowed to be accounted.
f. No extension in EO would be allowed in respect of Authorizations where misrepresentation / fraud have come to the notice of RA. Further, no extension of Authorizations, where adjudication orders have already been passed by RA/Customs Authority, shall be permitted.
Effect of this Public Notice:
One time relaxation is provided for Clubbing of advance Authorizations issued during foreign trade policy 2002-07 and foreign trade policy 2004-09. One time relaxation is provided for extension of export obligation period of Advance authorizations issued under Foreign Trade Policy 2002-07, Foreign Trade Policy 2004-2009 and Advance Authorizations issued prior to 5.6.2012 under foreign trade Policy 2009-14.
(Alok Vardhan Chaturvedi)
Director General of Foreign Trade
(Issued from File No 01/94/180/186/AM 18/PC-4)