HB Vol.1 Amended - DGFT - 10 (RE-99)/ 1997-2002

HB Vol.1 Amended Public Notice No. 10 (RE-99)/ 1997-2002 dated the 7th June, 1999 In exercise of powers conferred under paragraph 4.11 of the Export and Import Policy, 1997-2002, as notified in the Gazette of India extraordinary, Part-II- Section 3 - Sub- section (ii) vide S.O No. 283(E) dated 31.3.97, the Director General of Foreign Trade hereby makes the following amendment in the Handbook of Procedures (Vol.1) (RE- 99), 1997-2002. 1. The following shall be added as Paragraph 3(iii) in Appendix - 16-F "3(iii) DTA sale of instant tea would be allowed upto 20% of FOB value of exports in the form of tea bags or bulk". 2. Paragraph 1(v) of Appendix-16-F shall be amended to read as under: "EOU/EPZ rice mills will be exempted from levy orders limited to the quantity exported by them". 3. The following shall be added at the end of paragraph 9.1: "Export processing zones can also be set up in private/joint sector as per guidelines issued vide notification 42(RE)/92-97 dated 31st May, 1994 (as mentioned in Appendix- 16G)". The details of STP scheme is given in Appendix- 44 and EHTP scheme is given in Appendix- 45. 4. The paragraph 9.38(iii) shall be amended to read as under: "Foreign investment into EOU/EPZ/STP/EHTP shall be governed by the guidelines on the subject". 5. The word and expression "Annexure -I" as appearing in 2nd line of paragraph 4 of Appendix- 16B (App.117) shall be amended to read as "Appendix-I". 6. The word and expression "Appendix- __________" appearing in 6th line of paragraph 4 of Appendix- 16B (app-117) shall be amended to read as "Appendix-E". 7. Entry No. 7 in Appendix- A of Appendix- 16B (page App-119) shall be corrected to read as follows: "Samples/proto-types of each type of articles covered by manufacturing" 8. The word and expression "owner of" shall be added after the word and expression "partnership firm" as appearing in 2nd line of Appendix- 16BB. 9. In the 2nd recital clause of Appendix- 16BB, the words and expression "in response to an application by the warehouse" shall be added after the words and expression "whereas". 10. The word and expression "warehouse" may be substituted with the word and expression "warehouse wherever figuring in recital clause and paragraph 1,2,3,4,5,6,7, 8,9 and 11. 11. In the paragraph 6 of Appendix- 16BB shall be amended as follows: "In the event of the Warehouse failing to fulfill the obligation undertaken by it as aforesaid except when the fulfillment of such obligation is prevented or delayed because of any law, order, proclamation, regulation/ordinance of the Government, the Warehouse shall, on the instructions of the concerned Assistant Commissioner of Customs pay to the Government a sum equivalent to the amount of Customs/Central Excise duty and interest thereon that would be leviable on the items allowed for import/purchase by the Warehouse in terms of approval granted to them together with interest at the prescribed rate" 12. The word and expression "unit" appearing in paragraph 8 (line7), paragraph 10 and last paragraph shall be substituted by the word and expression "Warehouse". 13. The word and expression "government" appearing in paragraph 9 of Appendix- 16BB is amended to read as "Development Commissioner". 14. Entry No. 7 of Annexure-A of Appendix- 16BB (App-119) shall be amended to read as "Samples/proto-types" 15. The following sentence in paragraph (d) of Appendix-16C stands deleted: "The debonding of EOUs engaged in the manufacturer of licensable item is subject to concurrence of the Administrative Ministry" 16. Proforma-I attached to Appendix-16E is substituted by Proforma-1 (enclosed as Annexure -A to this Public Notice). 17. The column "Difference in export obligation" as appearing in proforma-III (App.137) shall be amended to read as " Difference in export performance". 18. The Paragraph 3(ii) of Appendix-16EE (App.142) stands deleted. 19. Against entry no. 75 in Appendix-41, the percentage of scrap or waste allowed shall be read as ________ 39%. 20. The following shall be added as an agency after S.No. 20 under list of IS/ISO 9000(series) certification agency of Appendix 32B. 21. M/s. International Certification Ltd, 656, Sector 10, Panchkula Haryana- 134 113 21. The export obligation of a STP unit in NFE term shall be as follows: -------------------------------------------------------------------------------------- MINIMUM NFEP Minimum export performance for five years -------------------------------------------------------------------------------------- 20% US$ 0.25 million or 5 times the CIF value of imported capital goods whichever is higher -------------------------------------------------------------------------------------- 22. The word and expression "15%" as appearing in line No.2 of paragraph 7.36A shall be amended to read as "10%". 23. The following shall be added at the end of paragraph 7.38: "The CIF value of imports effected under the DEPB shall not exceed the FOB value against which the DEPB has been issued. The licensing authorities shall incorporate an endorsement to this effect on the DEPB and shall also mention the FOB value in (indian rupees) on the DEPB. 24. The paragraph 6.15 shall be amended to read as under: "The competent authority as mentioned in paragraph 6.8, may consider, on merits, request for extension in export obligation period including extension for any one year or any one block of years for fulfilment of export obligation subject to the condition that extension of export obligation shall not exceed a total period of one year from the date of expiry of the export obligation period. Moreover, the extension in export obligation period for last block of year shall be allowed for a period of not more than 1 year. The extension in export obligation period shall be subject to such terms and conditions as may be prescribed by the competent authority". 25. The notification S.O.162(E) of 1st March, 1996 appearing in Appendix- 47 (App.378) shall be replaced by Annexure -B (enclosed). 26. The word and expression "Deputy Director General of Foreign Trade" appearing in column 11 of Appendix-27 shall be amended to read as "Jt.Director General of Foreign Trade". 27. The word and expression "The Marine Product Export Development Agency" appearing in the List of HACCP Certification Agencies of Appendix-32B shall be corrected to read as "Marine Product Export Development Authority" appearing in the List. 28. The heading of paragraph 5.36 shall be corrected to read as "Transfer of imported goods" . 29. The column in table E as given in paragraph 8.28 shall be amended to read as under: E. Chains/Bangles manufactured by fully mechanised 1.25% 1.25% process and unstudded 30. The following shall be added as paragraph 7.54: Annual Advance Licence 31. The replenishment against column no. 2.7 related to rough diamonds in Appendix-30A shall be corrected to read as "95" instead of "100". (Sr. No. 31 has been amended vide Exim Public Notice No. 27(RE-99)/1997-2002 Dt. 12-8-99) , [old 31.The replenishment rate as given in column against S.No. 2.7 related to rough diamonds shall be amended to read as 95% instead of 100.] This issues in public interest. Sd/- (N.L.Lakhanpal) Director General of Foreign Trade (F.No.01/94/180/00143/AM00/PC-IV) Appendix- 16G Government OF India Ministry Of Commerce Public Notice No. 42 (RE)/92-97 dated 31st May, 1994 In exercise of the powers conferred in by section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (No. 22 of 1992) the Central Government hereby notifies the following guidelines. With a view to augmenting infrastructural facilities for export production it has been decided to permit the setting up of Export Processing zones(EPZ) in the private/Joint sector. The following guidelines will apply to such proposals: An EPZ can be developed and managed either privately or jointly by Government and a private agency or exclusively by the State Government or their agencies. In the case of privately developed zones, the investors could be either Indian individuals, NRIs, Indian or foreign companies. The Policy, procedures and benefits applicable to units in the Export Processing Zones will also apply to the units to be established in the private/joint sector EPZs. Private or joint sector investment in the manner brought out at paragraph 1 above may also be utilised to develop additional infrastructure facilities including construction of standard design factory buildings in the existing EPZs. For this purpose, land already available in the EPZs may be leased out to developers inter alia, on terms and conditions indicated below: The land would, ordinarily, be leased for a period of 99 years. . The lease rend, to be determined on the basis of cost of acquisition, development of land, etc. would be payable annually in advance. Performance guarantee, to ensure proper utilisation within the time span decided upon, would be submitted before the possession of land is handed over. Units approved under the EPZ Scheme only would be eligible to occupy space in the infrastructure so created. To ensure that only units conforming to the EPZ scheme operate in the zone, suitable agreement shall be obtained by the Zone management from all the units permitted to be set Prior approval of the Government would be obtained before any rights over the leased land or assets created thereupon are transferred; the government would have the first option for acquisition of such rights. The capital gains accusation of such rights. The capital gains accruable on transfer of rights would be shared equally between the Government and the promoters. Proposals for setting up EPZs in the private/joint sector are required to meet the following conditions: i. The EPZs and units therein will abide by local laws, rules, regulations or bye-laws in regard to area plaining, sewerage disposal, pollution control and the like. They shall also comply with industrial and labour laws and such other laws/rules and regulations as may be locally applicable. ii. The EPZ promoters shall bear the Custom bonding charges and also provide appropriate office accommodation for such Government officials whose regular presence may be necessary in the zone. iii. Such EPZs shall make security arrangements and fulfil all the requirements of the Customs laws, rules and procedures. iv. Only units approved under the EOU/EPZ Scheme would be permitted to be located in these EPZs. Procedure for approval: . Proposal for establishing private/joint sector EPZs will be considered by an Inter-ministerial Committee set up for this purpose. i. Applications (10 copies) indicating the name and address of the applicant, status of the promoter (whether individual/ private company/ state Government/ NRIs etc.) along with a project report covering the following particulars may be submitted to the Development commissioner. (jurisdictions of the Development Commissioners are given in Appendix II to the Handbook of procedure) (Revised Edition, March, 1994). Location of the proposed Zone with details of existing infrastructure and that proposed to be established, its area distance from the nearest Sea Port/Airport/Rail head etc. Financial details including investment proposed, mode of financing the project and viability of the projects. Details of foreign equity and repatriation of dividents etc., if any. Whether the Zone will allow only certain specific industries or will be a multi-product one. On acceptance of the proposal, a Letter of Permission will be issued to the applicant. The approval will be subject to cancellation in the event of any abuse or violation of the conditions of approval. RBI guidelines on real estate ownership/development by NRI AND FOREIGN/Indian Companies, will also apply to the establishment of these EPZs. Applications of units proposed to be located in such Zones, will be entertained only after requisite notifications has been issued by Central Board of Excise and Customs. Annexure- A PROFORMA 1 EXPORT PROCESSING ZONE SUMMERY OF PERFORMANCE OF EOU/EPZ UNITS THAT HAVE COMPLETED ONE YEAR OR MORE OF COMMERCIAL PRODUCTION AS ON 31.3.99 (Rupees in Lakhs/$ in Million) S. No. Name of the unit Date of commenc- ement of commercial production Export obligation (for last 5 years) or less as appalicable. Rs. $ Actual exports (as against EO in col.4) Rs. $ Difference in export obligation NFE NFEP prescribed (Ind. Level) NFEP achieved Short-fall in NFEP. Re- marks 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. APPENDIX - 56 APPLICATION FORM FOR GRANT OF ANNUAL ADVANCE LICENCE 1. Please see paragraph 7.4A of the Policy and Paragraph 7.54 of this Handbook. 2. Please read the general instructions given at Appendix 1 before filling this application. --------------------------------------------------------------------------------- FOR OFFICIAL USE File Number:---------------------------- Date:------------ ---------------------------------------------------------------------------------- 1. Name and address of the applicant : .......................... 2. I.E. Code No. : .......................... 2. (a) PAN Number : .......................... 3. (a) Name and address of the : .......................... manufacturer/ supporting/ ............................ co-manufacturer: ............................ ............................ (b) Type of unit Registration number Date ---------------------------------------------------------------------------------- 4. Total FOB value of Rs. ................... in currency ......... in US $ ............. exports excluding of exports commission: 5. Total CIF value of Rs. ................... in currency .... in US $ ...... imports: of exports 6. Application fee: a) Bank Receipt/D.D No.and date............ b) Issued by : ............................ 7. Port of Registration: .......................... 8. Major Export Product Group: ....................... 9. FOB value of exports in preceeding Licensing year : .............. 10. CIF value of Annual Advance Licence applied for : .............. 11. CIF value of Annual Advance Licence already obtained :............... 12. Details of outstanding export obligation against : .............. Advance Licence and pre-export DEPB issued under Duty Exemption Scheme. For Advance Licence: S.No. Licences no.and date CIF value (Rs.) FOB value (Rs.) Percentage of export obligation fulfilled Expiry date of export obligation period Quantity wise Value wise (1) (2) (3) (4) (5) (6) (7) For pre-export DEPB S.No. DEPB Licence no. and date Value of provisional credit granted (in Rs.) Value of credit earned for offsetting (in Rs.) Balance value of provisional credit to be offsetted (in Rs.) (3-4) Expiry date of export obligation period (1) (2) (3) (4) (5) (6) DECLARATION/UNDERTAKING 1. I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or held therefrom. 2. I/We fully understand that any information furnished in the application if proved incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. 3. I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders framed thereunder, the export and Import Policy and the Handbook of Procedures. 4. I/We further declare that no export proceeds are outstanding beyond the prescribed period as laid down by the RBI, or such extended period for which RBI permission has been obtained. 5. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 3.8 of the Policy. 6. I/We hereby declare that we shall only import inputs required for export production and no part of it shall be sold/ transferred/ disposed off or utilised in any manner except for utilisation in discharge of export obligation 7. I/We further declare that the exempt material shall be utilised only in the factory mentioned in column 3 of the application form. Place :.............. Signature of the Applicant: ............. Date : ............... Name: .................. Designation: .................. Official address: .................. Tele No: .................. Residential address:.................. E-Mail number.................. ----------------------------------------------------------------------- Documents to be enclosed with the application form: ----------------------------------------------------------------------- 1. Bank Receipt (in duplicate) /Demand Draft evidencing payment of application fee in terms of Appendix-34. 2. Self certified copy of valid RCMC. 3. CA certifying the preceeding year export in the format given in Appendix-26. 4. Copy of manufacturing licence of the applicant or his supporting manufacturer. 5. Copy of Excise registration (This shall not be required for non exciseable product) Annexure-B MINISTRY OF COMMERCE NOTIFICATION New Delhi, the 20th January, 1999 S.O.24(E), In exercise of the powers conferred by section 13 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and in supersession of Notification of the Government of India in the Ministry of Commerce No. 145(E) dated 24th February, 1998 published in the Gazette of India (Extraordinary) Part-II section 3, sub-section (ii), except as respects things done or omitted to be done before such supersession, the Central Government hereby authorises the officers specified in column (2) of the Table below for the purposes of exercising powers under section 13 read with section 11, subject to the limits specified against such officers in the corresponding entry in column 3 of the said Table, namely:- TABLE S.No. Designation of officer Value of the goods in relation to which the power may be exercised. 1. Additional Director General of Foreign Trade Without limit 2. Zonal Jt.Director General of Foreign Trade/ Additional export commissioner Upto Rs.10 crores 3. Jt.Director General of Foreign Trade Upto Rs.5 crores 4. Deputy.Director General of Foreign Trade Upto Rs.1 crore 5. Assistant Director General of Foreign Trade Upto Rs.10 lakhs 6. Foreign Trade Development Officer Upto Rs.5 lakhs N.L.LAKHANPAL Director General of Foreign Trade and Ex-Offcio Addl. Secy (File No. 18/9/97/ECA-III)