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Amendments in Exim Policy governing <a href='http://www.eximguru.com/exim/eou/default.aspx'>EOU</a>s, EPZ, SEZ etc. units
Notification No. 39 dated 19th
October 2000
In
exercise of powers conferred by Section 5 of the Foreign Trade (Development and
Regulation) Act, 1992 (No. 22 of 1992) read with paragraph 1.3 of the Export and
Import Policy, 1997-2002 (incorporating amendment made upto 31.3.2000), the
Central Government hereby makes following amendments in the Export and Import
Policy, 1997-2002 (incorporating amendment upto 31.3.2000).
1.
The following shall be added as paragraph 9.13(d):
Duty paid on furnace oil, procured from domestic oil companies, would be
reimbursed to EOU/ EPZ/ EHTP/ STP units by the Development Commissioner of the
concerned Zone as per the rate of Drawback notified by the Directorate General
of Foreign Trade from time to time.
2.
The paragraph 9.19 shall be amended to read as under:
Capital goods and spares that have become obsolete/ surplus may either be
exported or disposed of in the DTA on payment of applicable duties. The benefit
of depreciation, as applicable, will be available in case of disposal of DTA. No
duty shall be payable if the goods are destroyed with the permission of
Assistant or Deputy Commissioner of Customs.
3.
The paragraph 9.29 shall be amended to read as under:
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Net
Foreign Exchange Earning as a Percentage of Export (NFEP) and monitoring
of performance
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9.29
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Net
Foreign Exchange earning as a percentage of exports (NFEP) shall be
calculated cumulatively for a period of five years from the commencement
of commercial production according to the formula given in the Handbook (Vol-I).
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The
performance of EOU/ EPZ/ SEZ units will be monitored as per the guidelines
given in Appendix-16 (E) of Handbook (Vol-I).
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4.
The paragraph 9.31 shall be amended to read as under:
All proposals for setting up of units in SEZ will be approved by the
Development Commissioner. In case of any change in approved activity or
undertaking any new activity, the units shall intimate to the Development
Commissioner.
5.
The paragraph 9.32 shall be amended to read as under:
SEZ units, including gem and jewellery units, shall achieve positive NFEP
as per paragraph 9.29 of the Policy.
6.
The paragraphs 9.33 and 9.35 shall be deleted.
7.
The paragraph 9.36 shall be amended to read as under:
SEZ unit may sell goods, including by-products, and services in DTA in
accordance with the import policy in force, on payment of applicable duty. DTA
sale by service units shall be subject to achievement of positive NFEP
cumulatively. No DTA sale shall be permitted to trading SEZ unit.
8.
The paragraph 9.38 shall be amended to read as under:
(a) SEZ unit, other than gem and jewellery, may
subcontract a part of their production or production process in the DTA or
through other SEZ/ EOU/ EPZ/ EHTP/ STP units with the permission of Customs
authorities.
(b) With
the permission of Custom authorities gem and jewellery unit may:
(i) Sub-contract part of their production or production
process of gold/ silver/ platinum jewellery in the DTA subject to the condition
that the goods, finished or semi-finished, including studded jewellery,
containing quantity and purity equal to the gold/ silver/ platinum o taken out,
shall be brought back to the Zone within 30 days. However, no diamond, precious
or semi-precious stones shall be allowed to be taken out of the Zone for
sub-contracting.
(ii)
Receive plain gold/ silver/ platinum jewellery from DTA in exchange of
gold/ silver/ platinum of equal quantity and purity.
(iii) SEZ units shall not be eligible for wastage or manufacturing
loss against the jewellery received from DTA after processing as mentioned in (i)
and against exchange of gold/ silver/ platinum as mentioned in (ii).
(iv) The DTA unit undertaking job work or supplying jewellery
against exchange of gold/ silver/ platinum shall not be entitled to deemed
export benefits.
(c) All units, including gem and jewellery, may
subcontract part of the production or production process through other units in
the same SEZ without any approval subject to records being maintained by both
the supplying and receiving units.
(d) SEZ units may be allowed to undertake job-work for
export, on behalf of DTA units, provided the finished goods are exported direct
from SEZ units. For such exports, the DTA units will be entitled for refund of
duty paid on the inputs by way of Brand Rate of duty drawback.
(e) Scrap/ wastes/ remnants generated through job work
may either be cleared from the job worker's premises on payment of applicable
duty or returned to the Zone unit.
9.
The paragraph 9.40 shall be amended to read as under:
All activities of the SEZ unit, unless otherwise specified, will be
through self-certification procedure and shall be monitored by a committee
comprising of Development Commissioner and Customs. The Committee shall be
headed by the Development Commissioner. It will also see that the wastage/
manufacturing loss on gold/ silver/ platinum jewellery and articles are within
the overall percentage prescribed in paragraph 8.28 of Handbook (Vol. - 1). In
case of higher wastage/ manufacturing loss, the committee shall satisfy itself
of the reasonableness of the same.
10.
The paragraph 9.41 shall be amended to read as under:
Paragraphs 8.21, 8.28,9.2, 9.3, 9.4, 9.6, 9.7, 9.8, 9.10(a), 9.11, 9.12,
9.13, 9.14, 9.15, 9.16, 9.18, 9.19, 9.23, 9.24, 9.26 and 9.27 of the Policy
shall apply to SEZ units.
No provision of Chapter 8 of the policy shall apply to SEZ units unless
otherwise specified.
This issues in Public
Interest.
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