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TMI BlogLEGAL FRAMEWORK AND TRADE FACILITATIONX X X X Extracts X X X X X X X X Extracts X X X X ..... mendment to the FTP, by means of notification, in public interest. 1.03 Hand Book of Procedures (HBP) and Appendices Aayat Niryat Forms (AANF) Director General of Foreign Trade (DGFT) may, by means of a Public Notice, notify Hand Book of Procedures, including Appendices and Aayat Niryat Forms or amendment thereto, if any, laying down the procedure to be followed by an exporter or importer or by any Licensing/Regional Authority or by any other authority for purposes of implementing provisions of FT (D R) Act, the Rules and the Orders made there under and provisions of FTP. 1.04 Specific provision to prevail over the general Where a specific provision is spelt out in the FTP/Hand Book of Procedures (HBP), the same shall prevail over the general provision. 1.05 Transitional Arrangements (a) Any License / Authorisation / Certificate / Scrip / instrument bestowing financial or fiscal benefit issued before commencement of FTP, 2015-20 (as updated) w.e.f. 05.12.2017shall continue to be valid for the purpose and duration for which it was issued, such License/Authorisation/ Certificate / Scrip / any instrument bestowing financial or fiscal benefit Authorisation was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Niryat Bandhu Scheme for mentoring new and potential exporter on the intricacies of foreign trade through counselling, training and outreach programmes. (b) Considering the strategic significance of small and medium scale enterprises in the manufacturing sector and in employment generation, MSME clusters have been identified, based on the export potential of the product and the density of industries in the cluster, for focussed interventions to boost exports. (c) Outreach activities shall be organized in a structured way with the help of Export Promotion Councils as industry partners and other willing knowledge partners in academia and research community to achieve the objective of Niryat Bandhu Scheme. Further, in order to ensure optimum utilization of resources, efforts would be made to associate all the stakeholders, including Customs, ECGC, Banks and concerned Ministries. 1.09 Citizen s Charter DGFT has in place a Citizen s Charter, giving time schedules for providing various services to clients. Time line for disposal of an Application is given in Para 9.10 of HBP. 1.10 Online Complaint Registration and Monitoring System An EDI Help Desk is availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and Import The number of mandatory documents required for exports and imports of goods from/into India have been reduced to three each, as prescribed under paragraph 2.06 of FTP. 1.16 Facility of online filing of applications All the Regional Authorities (RA) of DGFT and extension counters have been networked with high speed internet. The applications are received and processed electronically. DGFT under the EDI initiatives has provided the facility of on line filing of applications to obtain Importer Exporter Code and various Authorisations /scrip s. DGFT is one of the first digital signature enabled organisation of the Government of India (GOI), which has introduced a higher level of Encrypted 2048bit digital signature. There is a web interface for online filing of application after accessing DGFT website (http://dgft.gov.in). The application can be filed by exporter/CHA sitting at home or office in 24X7 environments. Application fee can also be paid online from linked banks or by using debit/credit card. The applications are signed with a digital signature and submitted electronically to the concerned Regional Authority of DGFT, which are then processed on computer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been to enlarge the scope of EDI to achieve higher level of integration with partner departments. 1.20 Message Exchange with Community partners Customs, Banks, Export Promotion Councils (EPCs) are major community partners of DGFT for message exchange. An effective message exchange system is in place with various community partners which is as follows: (a) Message Exchange with Customs (i) Importer Exporter Code Number. (ii) Authorisations/Scrips for DFIA, AA, EPCG. (iii) Shipping Bills for Duty Free Import Authorisation (DFIA), Advance Authorisation (AA), Export Promotion Capital Goods (EPCG), Reward Scrips. (b) Message Exchange with eBiz (https://www.ebiz.gov.in): Application for e-IEC. (c) Message Exchange with Banks (i) Application Fee (ii) electronic Bank Realisation Certificate (e-BRC) data (d) Message Exchange with EPCs Registration cum Membership Certificate (RCMC) data. (e) Message exchange with GSTN and RBI. 1.21 Encouraging development of Third Party API DGFT will encourage development of third party software for integration with its system to offer users multiple options for interfacing with the DGFT. 1.22 Forthcom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed transparency; c. Reduced duplicity and cost of compliance; d. Optimal utilization of man power. 1.27 Self-Assessment of Customs Duty (a) Self-Assessment of Customs duty by importers or exporters was introduced vide Finance Act, 2011. The system is trust based. The objective is to expedite release of imported / export goods. The system operates on an electronic Risk Management System (RMS) (b) The Finance Act, 2017 has amended Section 47 of the Customs Act, 1962 to Authorize an importer to pay duty/tax/cess on the date of presentation of self-assessed Bill of Entry. 1.28 Authorised Economic Operator (AEO) Programme (a) Based upon WCO s SAFE Framework of Standards (FoS), Authorised Economic Operator (AEO) programme has been developed by Indian Customs to enable business involved in the international trade to reap the following benefits: (i) Secure supply chain from point of export to import; (ii) Ability to demonstrate compliance with security standards when contracting to supply overseas importers / exporters; (iii) Enhanced border clearance privileges in Mutual Recognition Agreement (MRA) partner countries; (iv) Minimal disruption to flow o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax on Services received abroad (Deleted) 1.33 Export of perishable agricultural Products To reduce transaction and handling costs, a single window system to facilitate export of perishable agricultural produce has been introduced. The system will involve creation of multi-functional nodal agencies to be accredited by Agricultural and Processed Food Products Export Development Authority (APEDA), New Delhi. The detailed procedure has been notified at Appendix 1C to Appendices ANFs. 1.34 Time Release Study (TRS) Customs Authority has decided to undertake Time Release Study (TRS) as per WCO guidelines at major Customs locations on six monthly basis. WCO Time Release Study (TRS) is a unique tool and method for measuring the actual performance of Customs. The underlying objectives of Time Release Study are: (i) Identifying bottlenecks in the international supply chain / or constraints affecting Customs release. (ii) Establishing baseline trade facilitation performance measurement. 1.35 Towns of Export Excellence (TEE) (a) Objective: Development and growth of export production centres. A number of towns have emerged as dynamic industrial clusters co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, hard copy of EP copy of shipping Bill/ Bill of Entry may be provided on request only. 1.38 National Committee on Trade Facilitation (NCTF) Consequent to India s ratification of the WTO Agreement on Trade Facilitation (TFA) in April 2016, the National Committee on Trade Facilitation (NCTF) has been constituted. The establishment of the Committee is part of mandatory, institutional arrangement of the TFA. This inter-ministerial body on trade facilitation will be chaired by the Cabinet Secretary. Its Secretariat will be housed within the Central Board of Excise and Customs (CBEC), in the Directorate General of Export Promotion, New Delhi. The defined objective behind setting up the NCTF is to have national level body that will facilitate domestic co-ordination and implementation of TFA provisions. It will play the lead role in developing the Pan-India road map for trade facilitation. It will be instrumental in synergizing the various trade facilitation perspectives across the country and will also focus on an outreach programmes for sensitization of all stakeholders about TFA. 1.39 e-mail initiatives CBEC has initiated e-mail notification service to importers for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... **** Notes:- 1. Substituted vide Notification No. 05/2015-2020 - Dated 25-04-2018 , before it was read as, (b) In case an export or import that is permitted freely under FTP is subsequently subjected to any restriction or regulation, such export or import will ordinarily be permitted, notwithstanding such restriction or regulation, unless otherwise stipulated. This is subject to the condition that the shipment of export or import is made within the original validity period of an irrevocable commercial letter of credit, established before the date of imposition of such restriction and it shall be restricted to the balance value and quantity available and time period of such irrevocable letter of credit. For operationalising such irrevocable letter of credit, the applicant shall have to register the Letter of Credit with jurisdictional Regional Authority (RA) against computerized receipt, within 15 days of the imposition of any such restriction or regulation. 2. Inserted vide Notification No: 09/2015-2020 dated 28-05-2018 3. Substituted vide NOTIFICATION No. 57/2015-2020 dated 31-03-2020 before it was read as shall remain in force up to 31st March, 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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