Amendment of ANF 3C – Application for on line filing of Grant of Status Certificate - DGFT - 5/2015-20

GOVERNMENT OF INDIA MINISTRY OF COMMERCE INDUSTRY DEPARTMENT OF COMMERCE DIRECTORATE GENERAL OF FOREIGN TRADE PUBLIC NOTICE No.05/2015-20 Dated: 3rd May, 2016 Subject: Amendment of ANF 3C Application for on line filing of Grant of Status Certificate In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy 2015-20 , Director General of Foreign Trade, hereby amends the ANF 3C - Application for on line filing of Grant of Status Certificate of Appendices and Aayat Niryat Form of FTP 2015-20 as per Annexure to this Public Notice. Effect of this Public Notice : The amended ANF 3C - Application for on line filing of Grant of Status Certificate is notified to include the current and previous three year to give effect to the amendment made in Para 3.20(b) of FTP vide Notification No.4 /2015-20 dated 29th April 2016 . (Anup Wadhawan ) Director General of Foreign Trade E-mail: [email protected] ( Issued from File No.01/61/180/179/AM16/PC-3) Annexure to Public Notice .5 /2015-20 Dated 3rd May 2016 ANF- 3C Application for on line filing of Grant of Status Certificate (Kindly read Para3.20 to 3.24 of FTP and Para 3.18 to3.23 of HBP ) Part A 1. Applicant Detail IEC Number Branch Code Name Address Telephone No Email ID 2. Application Details Application For Submission Date Submitted To Part B 3. Category of Status applied for: please tick) ( ) a) One Star Export House b) Two Star Export House c) Three Star Export House d) Four Star Export House e) Five Star Export House 4. Details of Exports/Deemed Exports/Foreign Exchange earned for supply of Service from India during preceding three ( two for Gems and Jewellery Sector) licensing years and current year (i.e. year in which application is filed). Statement of Exports / Deemed Exports / Foreign Exchange Earned by Supply of Service Type of Exports in US $ (FOB / FOR value / Foreign Exchange Earned) Current Year in US $(Specify Period) Previous Year 1 in US $ Previous Year 2 in US $ Previous Year 3 in US $ ( not applicable for Gems and Jewellery Sector ) 1. Exports of goods without Weightage 2. Exports with Double Weightage 3 . Exports of services without Weightage 4. FOR value converted in US $ for Deemed Exports 5. Exports of SEZs / EOUs / EHTPs / STPs / BTPs, if clubbing is sought 6. Total (in US$) Note1 A shipment can be included only once in one of the categories eligible for double weightage. Note 2: In case application is filed on basis of current years exports, please specify the period (say e.g. Apr - July of Current Year if exports of 4 months are counted, or Apr - Nov of Current Year if exports of 8 months are counted) Note 3 If the exports are in any other currency other than US$ like Euro etc, these shall be converted to US$ as per rate notified by customs for particular month for export purposes. 5. This is to certify that I have uploaded the following documents after scanning which is part of this application. a. Copy of earlier Status Certificate, if any. 6. DECLARATION /UNDERTAKING 1 I/We hereby certify that : A. the entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time to time): (i) The Customs Act, 1962, (ii) The Central Excise Act 1944, (iii) Foreign Trade (Development Regulation) Act 1992, (iv) The Foreign Exchange Management Act,1999; and (v) The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974 B. none of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUF/Trust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT; C. neither the Registered Office of the company / Head Office of the firm / nor any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy; 2 I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures 3. I/We hereby certify that that particulars and statements made in this application are true and correct and nothing has been concealed or held therefrom. I/We fully understand that any information furnished in the application if found incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. 4 I hereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.06 of the Foreign Trade Policy. 5 I hereby declare that a shipment has been included only once in one of the categories eligible for double weightage. 6 I hereby declare that exports made on re-export basis have not been included. 7 I hereby declare that export / supplies do not include any performance based on disclaimer . 8 I hereby declare that only such exports has been taken into account for seeking recognition, which has been realized by me in our bank account directly from overseas. 9 I undertake to abide by provisions of Para 9.51 of FTP relating to supply of service from India. Tick the box as acceptance of declaration/ undertaking and fill in the details below. Signature of the Applicant Name Designation Official Address Flat/Plot/Block No Street/Area/Locality City State PIN Code Telephone No. Country Code __ Area Code _____ Phone number_______ - - Fax No. - - Email Place: Date: Annexure to ANF 3C CERTIFICATE OF CHARTERED ACCOUNTANT (CA) COST AND WORKS ACCOUNTANT (ICWA)/ COMPANY SECRETARY (CS) I / We hereby confirm that I / We have examined prescribed registers and also relevant records of M/s ....... ............. having IEC Number ... for licensing period (s) and hereby certify that: 1 Following documents / records have been furnished by applicant firm / company and have been examined and verified by me / us namely: - a) Statutory documentations under Customs Act 1962 and Excise Act 1848, Service Tax Act, Foreign Trade (Development Regulation) Act 1992 as amended; b) Export Order / Contract, Shipping Bills, Bill of Lading (and / or Airways Bills / PP Receipts), Customs / Bank attested Invoices, Forward Inward Remittance Certificates (FIRCs) and e- BRC realization, GR declaration and connected books of accounts; c) FIRCs, Certificate from international credit card companies. 2 Information given by applicant firm / company in ANF 3C is in agreement with FTP,2015-20 as amended, and rules and procedures made there under, relevant register and records and books of accounts maintained by M/s ......... .. ... is also true and correct. 3 It has been ensured that a) Information furnished is true and correct in all respects; no part of it is false or misleading and no relevant information has been concealed or withheld; b) In respect of export of goods, a shipment is counted in applicants export turnover / performance only if the realization of export proceeds from overseas is in the applicant s bank account. c) In respect of service providers, realization of export proceeds in free foreign exchange pertains to rendering of services. d) If the exports are in any other currency other than US$ like Euro etc, these are converted to US$ as per rate notified by customs for particular month for export purposes. 4 Neither I, nor any of my / our partners is a partner, director, or an employee of above-named entity, its Group companies or its associated concerns; 5 I / We further certify that export proceeds for shipments during last three years (two years for Gems and Jewellery Sector) plus current year are not outstanding beyond prescribed period as permitted by RBI. 6 The statement of Exports / Deemed Exports / Foreign Exchange Earned by Supply of Service has been calculated as under: Statement of Exports / Deemed Exports / Foreign Exchange Earned by Supply of Service from India Type of Exports in US $ (FOB / FOR value / Foreign Exchange Earned) Current Year in US $ Previous Year 1 in US $ Previous Year 2 in US $ Previous Year 3 in US $ ( not applicable for Gems and Jewellery Sector ) 1. Exports of goods without Weightage 2. Exports with Double Weightage (As per format A) 3. Exports of services without Weightage(As per Format B ) 4. FOR value converted in US $ for Deemed Exports( As per Format C) 5. Exports of SEZs / EOUs / EHTPs / STPs / BTPs, if clubbing is sought(As per format D 6. Total (in US$) Note1: A shipment can be included only once in one of the categories eligible for double weightage. Note 2: In case application is filed on basis of current years exports, please specify the period (say e.g. Apr - July of Current Year if exports of 4 months are counted, or Apr - Nov of Current Year if exports of 8 months are counted) Note 3: If the exports are in any other currency other than US$ like Euro etc, these shall be converted to US$ as per rate notified by customs for particular month for export purposes. 7. This is to certify that following of documents of record mentioned in serial number 1 have not been maintained / furnished, examined or verified 1) 2) 8. I / We fully understand that any statement made in this certificate, if proved incorrect or false, will render me / us liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted. Place: ______________ Signature of CA/ ICWA / CS:_______________________ Date: _______________ Name of the Signatory: ______________________ Address: ________________________________ ____________________________________ Membership No: ___________________________ Phone Number Email Address: ______________________________ Format A Certificate of Exports where Double Weightage has been claimed (Applicable only if the application is for One Star Export House) Note: A shipment can be included in one of categories indicated below only once. Sl. No. Category of Exports FOB/FOR/Foreign Exchange earned in US $ in Current Year FOB/FOR/ Foreign Exchange earned in US $ in Previous Year 1 FOB/FOR/ Foreign Exchange earned in US $ in Previous Year 2 FOB/FOR/ Foreign Exchange earned in US $ in Previous Year 3(not applicable for Gem and Jewellery Sector) 1 Export of Goods and/or services by Micro, small medium enterprises(MSME) as defined in Micro, small medium enterprises Development (MSMED) Act 2006 2 Manufacturing units having ISO/BIS 3 Units located in North Eastern States including Sikkim and Jammu Kashmir 4 Units located Agri Export Zone 5 Total FOB Value in US$ 6. FOB Value of Exports with Double Weightage (US$) = [2 X Total FOB Value of Row 5 above] Format B Certificate of Foreign Exchange Earned by Supply of Service Sl. No. Category of Service Provider Particulars Foreign Exchange Earned US$ in current year Foreign Exchange Earned US$ in previous year 1 Foreign Exchange Earned US$ in previous year 2 Foreign Exchange Earned US$ in previous year 3 (not applicable for Gem and Jewellery Sector) 1 Para 9.51 (i) 2 Para 9.51 (ii) 3 Para 9.51 (iii) 4 Para 9.51 (iv) 5. Total Foreign Exchange Earned by Supply of Service (US$) Format C Certificate of FOR value of Deemed Exports Sl. No. Category of Deemed Exports (Chapter 7 of FTP) (Please quote the relevant sub para in brackets) FOR (Rs in Cr) in current year FOR (Rs in Cr) in previous year 1 FOR (Rs in Cr) in previous year 2 FOR (Rs in Cr) in previous year 3 (not applicable for Gem and Jewellery Sector) 1 Supply to Advance Authorisation 2 3 4 5 6 7. Total FOR Value (Rs in Cr) 8. Exchange Rate notified by CBEC as on 1 st April of financial year 9. Equivalent US $ Format D Exports from SEZs / EOUs / EHTPs / STPs / BTPs units which are included in IEC and is taken for calculation of grant of status Sl. No. Names of Exporting Units FOB value in US $ in current year FOB value in US $ in previous year 1 FOB value in US $ in previous year 2 FOB value in US $ in previous year 3 (not applicable for Gem and Jewellery Sector) 1 2 3 4 5 1 SEZs 2 EOUs 3 EHTPs 4 STPs 5 BTPs 6. Total FOB Value ( in US$) Place: ______________ Signatureof CA/ ICWA / CS:_______________________ Date: _______________ Name of the Signatory: ______________________ Address: ________________ Membership No: ___________________________ Phone Number Email Address: ______________________________ Note: Each page of certificate of Chartered Accountant (CA)Cost and works Accountant ICWA)/ Company Secretary (CS) including Format A to D need to be signed and stamped.