Amendments in the ANF 3D for E commerce exports under para 3.05 of the FTP 2015-20 - DGFT - 72/2015-20

Government of India Ministry of Commerce and Industry Department of Commerce Directorate General of Foreign Trade Public Notice No. 72/2015-20 New Delhi, Dated 05 February, 2019 Subject: Amendments in the ANF 3D for E commerce exports under para 3.05 of the FTP 2015-20 In exercise of powers conferred under paragraph 1.03 of the Foreign Trade Policy 2015-2020, the Director General of Foreign Trade hereby amends the ANF 3D , issued earlier by this Directorate, vide Public Notice 01/2015-20 dated 01.04.2015. 2. The Amended ANF 3D may be seen as the Annexure to this Public Notice. Effect of Public Notice: The format for claiming MEIS benefits under para 3.05 of the FTP 2015-20 , ANF 3D has been changed, for all applications under the ANF 3D for exports made since 01.04.2015. (Alok Vardhan Chaturvedi) Director General of Foreign Trade Email: [email protected] (Issued from File No. 01/61/180/16/AM17/PC-3) ANF- 3D Application Form for Export of goods through courier or foreign post offices under Merchandise Exports from India Scheme (MEIS) Instructions/ Guidelines for the Applicants filing ANF 3D i. Kindly read Paras 3.03 to 3.06 of FTP para 3.05 as modified vide Notification no. 22 dated 26.07.2018 and further modified vide Notification no. 36 dated 27.09.2018 and Para 3.01 to 3.03 of HBP and other common procedural features applicable to MEIS before filing application ii. It is mandatory to apply for rewards under para 3.05 of FTP through the online e Com module at the www.dgft.gov.in portal. iii. Please note that separate applications are required to be filed for separate years (AMI 5, AM 16 etc.) based on Let Export date. iv. Please note that separate application is required to be filed for each foreign post office/Airport separately in the E com module, and no application should have consignments/ shipping bills/ courier shipping bills/ postal bill of export/airway bills from more than one Airport/ Foreign Post Office v. For the details in the Serial no. 3 below, Applicant to select/feed the details of one consignments/ shipping bills/ courier shipping bills/ postal bill of export/airway bills at a time. A maximum of 50 such details can be filed in one application vi. For the purpose of this application- Shipping bill may be read as Courier Shipping Bill / Postal Bill of Export/ Airway Bill as the need be. vii. The Applicants are required to submit the Scanned copies of CA Certificate (Enclosure A) and Proof of landing certificate for all exports in the application for exports made before 03.05.2016 (Enclosure B) in the online ANF 3D module at the DGFT portal. viii. This application does not require any application fees, as is required for the MEIS application in the form ANF 3A. ix. For all exports made with effect from the date of Publication of this ANF 3D, the provisions of para 3.15 (a) (i) of the Handbook of Procedures shall apply. However, for all exports made prior to the date of publication of this ANF 3D, the date of export for the purpose of calculating the late cut as per para 3.15 (a) (i) shall be the date of the publication of this Public Notice. Part A 1. Applicant Details: i IEC No. ii Name iii Address iv Telephone No v Email ID Part B 2. Application Details: (i) Export Licensing Year (pl. specify the year in which export has been made, based on Let export date (Para 9.12 of HBP): Such as 2015-16,16-17, 17-18, 18-19, etc. (ii) Date of filing of Application: (iii) Port of Export for this Application: 3. Details of Export : (Separate entry for each product in the consignment/parcel should be made.) Shipping Bill Details and Other details Sl.No. Shipping Bill/Airway Bill Number Date of Shipping Bill/Airway Bill Port Code Let export date ITC (HS) code Product Description as per Sipping Bill Country Name and Relevant Sl No. of Appendix 3B(Part 1) Product Sl No. of Appendix 3B (Part 2) Realized FOB value of Exports or FOB value as given in S/B/Airway bill, whichever is less (in free foreign exchange) Date of realization Value Currency Code (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Exchange Rate FOB in Rs.ie 10x13 FOB value for rewards ie FOB value as in colmn no. 14 or ₹ 25000 whichever is less for exports upto 25.07.2018 and ₹ 500000 for exports beyond 26.07.2018 Rate of Entitlement as per Appendix 3B (Part 2) (%) Entitlement Amount (in Rs.) Late Cut % if any Late cut Amount (in Rs.) Entitlement after Late Cut (in Rs.) (13) (14) 15 (16) (17) (18) 19 20 (17) = (15) X(16) 19=17X1 8 20=17-19 - - - - - Foreign Post Office /Airport details from where Exported using e commerce (21) Sr No of category of export in appendix 3C (22) 4. Number of Split Certificates required (in multiples of ₹ 5 lakhs each): 5. Port of Registration for the purpose of imports.(The port of registration shall be the port from which export has taken place) 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 no benefit under MEIS, was availed (or applied for) previously against Shipping Bills/Airway Bill currently included in this application. I also declare that none of the consignment in respect of which claim is filed in this application is subsequently returned by the customer. In case it is returned in future I undertake to refund the rewards granted with interest rates as prescribed under section 28AA of Customs Act, 1962. 6 I hereby declare that in terms of Para 3.17 of FTP, this application does not contain any exports in contravention to this provision. 7 I hereby declare that the Exported Product/goods and markets are covered under Appendix 3B and the exports, for which this application is being filed, are made on or after the respective admissible date of export, as indicated in relevant Appendix. I further declare that the Shipment documents contains declaration of intent of claiming rewards under MEIS specified in para 3.14 of HBP . 8 I hereby declare that export product for which the duty credit scrip is being claimed does not contain any product which is listed as ineligible export categories / sectors in per Para 3.06 of FTP and the ineligible items under MEIS as listed in the Appendix 3B, Table 3, Public Notice 44 dated 05.12.2017. 9 I fully understand that RA or any other agency, at any time, may ask me to provide documents on the basis of which rewards was granted and which are not submitted in original. I undertake to provide any such details/documents without any delay on my part. In case I am not able to provide such documentary evidence, I undertake to refund the amount of scrip in cash with interest at the rate prescribed under section 28AA of Customs Act, 1962, from the date of such scrip as prescribed in FTP and HBP and shall also be liable for penal action as per FTDR act. Tick the box as acceptance of declaration/ undertaking and fill in the details below. Signature of the Applicant To be submitted using Digital Certificate Enclosure (A) to ANF 3D - Original To be scanned and uploaded Online CERTIFICATE OF CHARTERED ACCOUNTANT (CA) / COST AND WORKS ACCOUNTANT (ICWA)/ COMPANY SECRETARY (CS ) I have examined prescribed registers and also relevant records of M/s.......................... having IEC Number in respect of their claim for Export of goods through courier or foreign post offices using e-Commerce under Merchandise Exports from India Scheme (MEIS) for the period from -----To-------- for Rs ------ ... and certify that 1. Bills, Invoices, Forward Inward Remittance Certificates (FIRCs), Bank Realization Certificates, Certificate from international credit card companies, and evidences of foreign exchange earnings have been examined and verified by me. 2 The claim is in accordance with exports of specified goods/category listed in appendix 3C of FTP. The claim is in accordance with conditions laid down in para 3.05 of FTP .The Shipment documents contains declaration of intent of claiming rewards under MEIS specified in para 3.14 of HBP . 3. Export of goods for which benefit is claimed does not include ineligible exports as listed under Para 3.06 of FTP 2015-20 and ineligible items under MEIS as listed in the Appendix 3B, Table 3, Public Notice 44 dated 05.12.2017. 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 None of the consignment in respect of which claim is filed in this application is subsequently returned by the customer. 6 None of the consignment in respect of which claim is filed in this application is previously claimed by the applicant. 7. The details of exports contained in the application are certified as under Details of Export: Shipping Bill Details and Other details Sl.No. Shipping Bill/Airway Bill Number Date of Shipping Bill/Airway Bill Port Code Let export date ITC (HS) code Product Description as per Sipping Bill Country Name and Relevant Sl.No. of Appendix 3B(Part 1) Product Sl. No. of Appendix 3B (Part 2) Realized FOB value of Exports or FOB value as given in S/B/Airway bill, whichever is less (in free foreign exchange) Date of realization Value Currency Code (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Exchange Rate FOB in Rs.ie 10x13 FOB value for rewards ie FOB value as in colmn no. 14 or ₹ 25000 whichever is less for exports upto 25.07.2018 and ₹ 500000 for exports beyond 26.07.2018 Rate of Entitlement as per Appendix 3B (Part 2) (%) Entitlement Amount (in Rs.) Late Cut % Late cut Amount (in Rs.) Entitlement after Late Cut (in Rs.) (13) (14) 15 (16) (17) (18) 19 20 (17) = (15) X(16) 19=17X18 20=17-19 Foreign Post Office /Airport details from where Exported using e-commerce Sr No of category of export in appendix 3C (21) (22) I fully understand that any statement made in this certificate, if proved incorrect or false, will render me liable to face any penal action or other consequences as may be prescribed in law or otherwise warranted. Signature of CA/ICWA/CS Name of the Signatory Designation Membership No. 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: Enclosure (B) to ANF 3D Original To be scanned and uploaded Online Landing Certificate To Whom So Ever It May Concern We hereby certify that M/s ________________ having I.E. Code ________________ has exported _______________, as per details given below: S.No. Shipping Bill/ Airwaybill No. Dtd Port of Loading Port of Discharge Country of Final Destination Date of Arrival/ Delivery We M/s XYZ Pvt. Ltd. are the accredited agents of the concerned goods carrier on the date of issuance of the tracking document. We have verified that this proof of landing goods in relevant notified market is given based on information available in goods carriers backup database and we have issued this document accordingly. This certificate has been issued as per para 3.03(f) of H.B.P 2015-20 For XYZ Pvt. Ltd. Authorized Signatory Name: Designation: Place: Date: