Checklist for Focus Market Scheme (FMS)((Updated on 07.09.2012)) - DGFT - 06/AM13

OFFICE OF THE ADDL. DIRECTOR GENERAL OF FOREIGN TRADE NISHTHA BHAVAN, NEW MARINE LINES, CHURCHGATE, MUMBAI-20. TRADE NOTICE NO. 06/AM13 DATED: 03.07.2012 Subject : Checklist for Focus Market Scheme (FMS) In order to bring transparency and uniformity in the office working, a Check-list for submission of application in regard to Focus Market Scheme (FMS) has been formulated. This check-list is as per Chapter 3 of the Foreign Trade Policy 2009-14 ( Paras 3.14.2 , 3.14.3 , 3.17.2, 3.17.3 , 3.17.8 , 3.17.10, 9.32, 9.34 , 9.62 , etc.), Chapter 3 of the Hand Book of Procedures 2009-14 (Vol. I) ( paras 3.8.1, 3.8.2, 2.63, 2.64, 9.3, 9.4, 9.12 , etc.), and ANF-3C as given in Appendices to the Handbook of Procedures (Volume I) . The Check-list has three sections as follows: 1. Documents Section: Section giving the list of documents which are required to be submitted by the applicant, 2 . Additional Documents Section: which are required to be submitted by some of the applicants as is relevant, 3. Note Section: Exporters have been indicated certain points which they should check on, before submitting the application and the relevant documents in the said regard. CHECK SHEET FOR FMS SCHEME Refer Para 3.14.2 , 3.14.3 , 3.17.2, 3.17.3 , 3.17.8 , 3.17.10, 9.32, 9.34 , and 9.62 of FTP and para 3.8.1, , 3.8.2, 2.63 , 2.64, 9.3 , 9.4 and 9.12 of HBP volume I File No. : IEC No: Name of Applicant : CHECK SHEET FOR FMS SCHEME Sl. No. Documents Total number of documents and pages in the document I Documents 1 Covering letter duly signed by the proprietor/partner/Director or authorized signatory. (In case of manual application, power of attorney in favour of the authorised signatory should be enclosed) 2 Application in ANF 3 C duly signed on each page by the applicant(separate application is to be filed port wise in case Non EDI port) 3 Declaration duly signed by the proprietor/partner/Director or authorized signatory having power of attorney (In case of Manual Declarations signed by Authorized Signatory copy of power of Attorney or Board Resolution as applicable should be submitted) 4 Original EP copy of Shipping Bills /Bill of Exports. Note - In case original copy of shipping bill or Bill of exports has been submitted under any other scheme of FTP then self attested photocopy of the same along with reference file number and concerned RA. 5 Original bank realization certificate as per Appendix 22A / FIRC (in case of direct negotiation of documents). Note - In case original copy of bank realization certificate or FIRC has been submitted under any other scheme of FTP then self attested photocopy of the same along with reference file number and concerned RA. 6 Self certified copy of valid RCMC with name of Proprietor/partner/Director. 7 Declaration that ineligible Exports as mentioned in para 3.17.2 of FTP has not been included in the claim 8 Declaration that ineligible categories of export product/ sectors as mentioned in para 3.14.3 of FTP has not been included in the claim 9 Self certified copy of Bills of lading 10 one of the following documents as proof of landing of goods in the focus country ( para 3.8.2 of the HBP )-- (i) Self attested copy of Import Bill of Entry filed by importer in Specified Market, or (ii) Delivery Order issued by the Port Authorities, or (iii) Arrival Notice issued by Goods Carrier, or (iv) Tracking Report from the Goods Carrier (Shipping Line/Airline etc. or his accredited agent in India) duly certified by them, evidencing arrival of export cargo to the destination Focus Market, or (v) For Land Locked Focus Market, Rail/Lorry receipts of Transportation of goods from Port to Land Locked Focus Market, or Any other documents that may satisfactorily prove to RA concerned that goods have landed in/reached the Focus Market. II Additional Documents 1 In case of FIRC, a declaration from the exporter that remittances is in respect of S/B no. dated .. (shall be furnished) 2 In case of direct negotiation for non status holder, RBI permission to do direct negotiation (as per para 2.26.2 of HBP ) 3 In case of application filed without bank realization certificate, BG/LUT should be as per custom circular number 58/2004 as amended. Also category of applicant as per above customs circular should be specified. Kindly refer to Note 9 ( Para 2.20 of HBP Vol.I) 4 In case of third party exports , disclaimer certificate from third party signed by authorized signatory with name and designation should be submitted ( para 3.17.10 and 9.62 of FTP ) 5 In case of EOU/EHTP/BTP shipments, proof of non availment of Direct tax exemption by concerned EOU/EHTP/BTP(para 3.17.2-sub para1) NOTE- 1. The export product is eligible for FMS scheme benefit only if it is not restricted under the export policy at the time of export. 2. Separate application shall be filed for each licensing year. 3. In case there is change of rate during the year the applicable rates would be used to calculate the entitlement. 4. In case claim is not submitted in time (para 3.11.9) late cut be imposed as per policy ( para 9.3 of HBP Vol.I ) 5. Each application shall not have more than 50 Shipping bills. 6. In case the export market is eligible for additional benefit same be specified 7. In case of third party exports, the name of the third party should be indicated on shipping bills. 8. Declaration of intent endorsed on Shipping Bill in terms of Para 3.11.8 of H.B. as under: Declaration not required for exports upto 31.05.2008 for all types of shipping bills. Declaration required in respect of free shipping bills for export period from 1.6.2008 to 31.12.2010 and for exports made from 02.06.2011 till date. Declaration required in all types of Shipping Bills from 01.01.2011 to 02.06.2011 (Ref. Public Notice No. 82 dated 16.07.2010 , Public Notice No. 53 dated 03.06.2011 and Policy Circular No.32 dated 03.06.2011 ). 9. Category of applicant as per Custom Circular No.58/2004: Sl. No. Category Documents a. All exporters who have an export turnover of ₹ 5 crores of goods exported physically or of services in current or preceding financial year and having good track record of three years of exports Export turnover certificate certified by Central Excise authorities/Chartered Accountants as applicable b. Public Sector Undertaking c. Star Export House Status Certificate d. Manufacturer exporters/ Service Providers registered with Central Excise or the Service Tax authorities, as the case may be, who have been exporting during the previous two financial years and have minimum export of ₹ 1 crore or more during the preceding financial year i) Export turnover certificate certified by Central Excise authorities/Chartered Accountants as applicable ii) Central Excise Registration Certificate/Service Tax registration certificate e. Manufacturer exporters/ Service Providers registered with Central Excise or the Service Tax authorities, who has paid central excise duty/ Service Tax of ₹ 1 crore or more, as the case may be, during the preceding financial year i) Central Excise Registration Certificate/Service Tax registration certificate ii) Central Excise Duty/Service Tax Payment Certificate f. (1) Manufacturer exporters who are not covered under a, b, c, d e above (2) Units in Agri Export Zones (AEZs) (3) Established Service Providers who have free foreign exchange earnings of ₹ 50 lakhs or more during the preceding financial year and have a clean track record. Manufacturing Licence (SSI/IEM/Indl. Licence) APEDA Registration certificate (i) Service Tax Regn. Certificate and (ii) Service export turn over certificate certified by CA g. Service providers in the port handling sector who are appointed as Custodians by the jurisdictional Customs/ Central Excise authorities (i) Service Tax Regn. Certificate and (ii) Service export turn over certificate certified by CA The check-list would facilitate exporters to carryout due diligence before submitting her/his application so that the application which are complete in all respects are available for processing in the Department within the specified timelines. The check-list would also ensure that the processing of the case is not delayed for want of certain documents/additional documents/information on which the office may have to issue deficiency letters. The applicants are requested to kindly adhere to the check-list in full while submitting their applications for FMS Scrip in order to enable the office to process their applications expeditiously. The Addl. DGFT office, Mumbai has strengthened Counter Assistance and provided a facility to the exporters which can be utilised free of cost by the exporters. The exporters can go to the Counter Assistants and get their application(s) checked for their completeness in terms of submission of documents. If an application is okayed by the Counter Assistant, the sections will not issue deficiency for non-submission of any documents regarding the said authorisation/scrip/benefit. For any queries/clarifications regarding the case, the exporters are requested to come directly to the office and not through their agents/consultants. The above said check list is also attached in PDF format as a downloadable document which may be submitted along with the covering letter of the application. [ Download PDF ] ( Dr. Kavita Gupta ) Additional Director General of Foreign Trade