IMPORTER-EXPORTER CODE

[Mr. M. GOVINDARAJAN]

According to Foreign Trade Policy – 2015-20 no export or import shall be made by any person without obtaining an Importer Exporter Code (‘IEC’ for short) unless specifically exempted.    It is a 10 digit number allotted to a person.

Exempted categories

The following categories of exporters/importers are exempted from obtaining IEC:

• Importers covered by Clause 3 (1), except sub clauses (e) and (l) of Foreign Trade (Exemption from application of Rules in certain cases) order, 1993;
• Exporters covered by clause 3(2), except sub clauses (i) and (k) of Foreign Trade (Exemption from application of Rules in certain cases) order, 1993;
• Ministries/Departments of 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, Myanmar through Indo-Myanmar border areas and China (through Gunji, Namgaya Shipkila and Nathula Ports), provided CIF value of a single consignment does not exceed ₹ 25,000/-.  In case of Nathula Port, the applicable value ceiling will be ₹ 1 lakh.

Application

Application for obtaining IEC may be filed manually and electronically.  Only one IEC is permitted against one Permanent Account Number.   If any PAN card holder has more than one IEC, the extra IECs shall be disabled suo motu after 31.03.2015.

If the application is made manually it shall be submitted in the form in the office of the Regional Authority of DGFT.  If the application is filed on electronic mode the exporters/imports shall file an application in ANF 2A format for grant of e-IEC.  Those who have digital signatures can sign and submit the application on line along with the requisite documents.   A sum of ₹ 500/- is to be paid for application that can be paid online through net banking or credit/debit card.

Others may take a printout of the application, sign the undertaking/declaration and upload the same with the requisite documents.  The signed copy of the online application shall be submitted to the concerned jurisdictional Regional Authorities either through post or by hand.

Documents to be submitted

In case of proprietorship the following documents are to be submitted:

• Digital Photograph (3x3cms) of the Proprietor;
• Copy of PAN card of the Proprietor.
• Copy of passport (first and last Page)/Voter’s I-card/Driving licence/UID (Aadhar card) (any one of these);
• Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
•  Bank Certificate as per ANF 2A(I)/ Cancelled Cheque bearing pre-printed name of applicant and A/C No.

In case of partnership firm the following documents are to be submitted:

• Digital Photograph (3x3cms) of the Managing Partner;
• Copy of PAN card of the applicant entity;
• Copy of passport (first and last Page)/Voter’s I-card/Driving licence/UID (Aadhar card) (any one of these) of the Managing Partner signing the application;
• Copy of Partnership Deed;
• Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
• Bank Certificate as per ANF 2A (I)/Cancelled Cheque bearing pre-printed name of the applicant entity and A/C No.

In case of LLP, Government undertaking, Public Limited Company, Private Limited Company, Section 25 Company (now Section 8), the following documents are to be submitted:

• Digital Photograph (3x3cms) of the Designated Partner/Director of the company signing the application;
• Copy of PAN card of the applicant entity;
• Copy of passport (first and last Page)/Voter’s I-card/Driving licence/UID (Aadhar card) (any one of these) of the Managing Partner signing the application;
• Certificate of incorporation as issued by the Registrar of Companies;
• Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
• Bank Certificate as per ANF 2A (I)/Cancelled Cheque bearing pre-printed name of the applicant entity and A/C No.

In case of Registered Society and Trusts the following documents shall be submitted:

• Digital Photograph (3x3cms) of the signatory applicant/Secretary or Chief Executive;
• Copy of PAN card of the applicant entity;
• Copy of passport (first and last Page)/Voter’s I-card/Driving licence/UID (Aadhar card) (any one of these) of the Secretary or Chief Executive/Managing Trustee signing the application;
• Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
• Registration Certificate of the Society / Copy of the Trust Deed;
• Bank Certificate as per ANF 2A (I)/Cancelled Cheque bearing pre-printed name of the applicant entity and A/C No.

In case of HUF the following documents shall be submitted:

• Digital Photograph (3x3cms) of the Karta;
• Copy of PAN card of the Karta;
• Copy of passport (first and last Page)/Voter’s I-card/Driving licence/UID (Aadhar card) (any one of these) of the Karta;
• Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
• Bank Certificate as per ANF 2A (I)/Cancelled Cheque bearing pre-printed name of the applicant entity and A/C No.

The deficiency in the application form has to be removed by re-logging onto ‘Online IEC application’ on DGFT website and filing the form again by paying the requisite application processing charges.

The detailed guidelines for applying for e-IEC are available at http://dgft.gov.in/exim/2000/iec_anf/iecanf.htm

Approval

When an e-IEC is approved by the competent authority, the applicant will be informed through e-mail that a computer generated e-IEC is available on the DGFT website.   By clicking on ‘Application Status’ after having filed and submitted the requisite details in ‘Online IEC application’ webpage, the applicant can view and print his e-IEC.

IRC format

An IEC will be issued in the prescribed format – ANF 2(A)(II).  A copy of such IEC shall be endorsed to concerned banker.  Such endorsement should ordinarily be done using emails.

Validity

An IEC issued to an applicant shall have permanent validity unless cancelled by the competent authority.  The IEC will cover all branches/divisions/units/factories of the applicant.

An  IEC will remain valid irrespective of a firm’s status as a DTA unit or an EOU or a SEZ/EHTP/STP/BTP unit and the procedure to be following in case a firm/unit is de-bonded and converted to DTA is an under-

• An unit which is an EOU or in SEZ/EHTP/STP/BTP after de-bonding will not surrender the IRC from its jurisdictional DC, SEZ;
• The jurisdictional DC, SEZ will send the original IEC file to the concerned Regional Authority, DFGT after de-bonding;
• The Regional Authority becomes the custodian of such file and will allow de-bonded unit to make necessary  modification in IEC;
• The de-bonded unit to be eligible for benefits from the Regional Authority as per Foreign Trade Policy

Surrender

If an IEC holder does not wish to operate allotted IEC, he may surrender the same to the issuing authority.   On receipt of the application, the issuing authority shall immediately cancel the IEC and electronically transmit it to DGFT and Customs Authorities.

Modification of IEC

An application for modification shall be filed with the concerned Jurisdictional Regional Authority from where IEC was originally issued.   An application for modification may be made for change in details like name, address, constitution, ownership in proprietorship firms, change in nature of the firm e.g., from proprietorship to partnership etc.,  Change in constitution however, does not include change in Directors of Public Limited Company.

Profile of Importer/Exporter

The Form ANF-1 contains the profile of the importer/exporter.  IEC holder shall be responsible for updating the same as and when a change takes place immediately or in any case at least once in a year.  The documents which are uploaded in the Importer-Exporter Profile are not required to be filed each time the importer/exporter applies for authorization/scrips under different schemes of the Foreign Trade Policy.

IEC for non commercial use

The following permanent IEC numbers shall be used by non commercial PSUs and categories of importer/exporters mentioned against them for import/export purposes:

Sl. No.	Permanent IEC No.	Categories of Importer/Exporter
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
4	0100000045	Indians returning from/going abroad and claiming benefit under Baggage Rules
5	0100000053	Persons/Instructions/Hospitals importing or exporting goods for personal use, not connected with trade or manufacture or
6	0100000061	Persons importing/exporting goods from/to Nepal
7	0100000070	Persons importing/exporting goods from/to Myanmar through Indo-Myanmar border
8	0100000088	Ford Foundation
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.
10	0100000100	Director, National Blood Group
11	0100000126	Individuals/Charitable Institution/Registered NGOs importing goods, which have been exempted from Customs duty under Notification issued by Ministry of Finance for bona fide use by victims affected
12	0100000134	Persons importing/exporting permissible goods as notified from time to time, from/to China
13	0100000169	Non-commercial imports and exports by entities that have been authorized by RBI.

Discussions to this article

[Shyam Naik]

Sir, Is there any need for filing returns in case there is no import or export during a year?

[YAGAY AND SUN]

If there is no import and export even then you need to submit NIL return/information to Export Promotion Councils with whom you had obtained RCMC etc.

[YAGAY AND SUN]

Good compilation on this subject.

[MARIAPPAN GOVINDARAJAN]

Thank you, Sir.

Now Import Export Code may be obtained with 2 documents as per Notification No. 29.01.2016-

1. Digital photograph of the signatory applicant;

2. Copy of the PAN card of the business entity in whose name Import/Export would be done;

3. Cancelled cheque bearing entity's pre-printed name or bank certificate prescribed in format ANF-2A(1).

It is effective from 01.04.2016.