GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF COMMERCE
PUBLIC NOTICE NO. 64/2009-14
NEW DELHI: DATED THE 18th MAY, 2010
In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy,
2009-14, the Director General of Foreign Trade hereby makes, with immediate
effect, the following amendments in the Handbook of Procedures, Vol. 1:
2. At the end of sub-para of Para 2.49 in the Handbook of Procedures Vol.
I/2009-14, relating to Free Sale and Commerce Certificate the following shall be
added:
“RAs may also issue, on application, Free Sale and Commerce Certificate for
export of any other item which is not restricted or prohibited for export.
Validity of such certificate shall be two year from date of issue unless
otherwise specified.
An application for grant of Free Sale and Commerce Certificate for these items
may be made to RA concerned as per format in Annexure 39-A of HBP Vol. I along
with Annexure A therein.
RA shall issue Free Sale and Commerce Certificate as per Annexure B of Appendix
39-A”
3. Appendix 39-A shall be added to HBP Vol.I, as per specimen annexed with this
Public Notice.
4. This issues in public interest.
(R.S. GUJRAL)
Director General of Foreign Trade
And Ex-Officio Special Secretary to the Govt. of India
(Issued from File No.01/91/180/179/AM09/Export Cell)
Appendix 39-A
APPLICATION FOR FREE SALE & COMMERCE CERTIFICATE FOR ITEMS OTHER THAN MEDICAL
DEVICES/INSTRUMENTS
| 1. Name of the firm / Company |
: |
| 2. Address of Registered Office |
: |
| (i) Tel No |
: |
| (ii) Fax No |
: |
| (iii) e.mail ID |
|
3. Importer Exporter Code No
(i) Code No.
(ii) Name & Address of issuing authority |
: |
4. Registration –cum-Membership Certificate (RCMC ) details
(i) Name of the Council
(ii) Registration No and date
(iii) Validity |
|
5. Brief Description of exports
(i) Details of foreign buyer with complete address, e.mail ID etc.
(ii) Brief description of items to be exported under the certificate
|
: |
| 6. Details of items for which Free Sale & Commerce Certificate is
sought to be obtained (Annexure A to be attached duly self-certified) |
: |
7. I hereby declare that items listed in Annexure A,
(i) are not prohibited or restricted for export under Schedule 2 of ITC
(HS) and are free for export;
(ii) the export of the items does not violate any of the provisions of
the laws/Acts established by any of the Ministries/Departments/Offices
of the Central/State Governments; and
We further undertake to abide by any of the provisions under FTP,
FT(D&R) Act, 1992 or any other law established by any of the
Ministries/Departments/Offices of the Central/State Governments relating
to export of these items.
|
(Signature)
Name & Designation of the Authorized Signatory
Seal of the Company
DECLARATION / UNDERTAKING
1. I / We hereby declare that the particulars and the statements made in this
application are true and correct to the best of my / our knowledge and belief
and nothing has been concealed or held there from.
2. 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.
3. I / We undertake to abide by the provisions of the FT (D & R) Act, 1992, the
Rules and Orders framed there under, FTP, HBP v 1 and HBP v2 and ITC (HS).
4. a. I / We hereby certify that the firm / company for whom the application has
been made has not been penalized under Customs Act, Excise Act, FT (D & R) Act
1992 and FERA / FEMA.
b. I / We hereby certify that none of the Proprietor / Partner(s) / Director(s)
/ Karta / Trustee of firm / company, as the case may be, is / are a Proprietor /
Partner(s) / Director(s) / Karta / Trustee in any other firm / Company which has
come to adverse notice of DGFT.
c. I / We hereby certify that the Proprietor / Partner(s) / Director(s) / Karta
/ Trustee, as the case may be, of the firm/company is / are not associated as
Proprietor / Partner(s) / Director(s) / Karta / Trustee in any other firm /
company which is in the caution list of RBI.
d. I / We hereby certify that neither the Registered Office / Head Office of the
firm/company 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.
5. I / We hereby declare that I / We have not obtained nor applied for such
benefits (including issuance of an Importer Exporter Code Number) in the name of
our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to
any other Regional Authority.
6. I / We hereby declare that I/we have perused the list of SCOMET items as
contained in the Appendix 3 to the Schedule 2 of the ITC (HS) and that the
item(s) exported / proposed to be exported does not fall within this list and
that I / We agree to abide by the provisions of FTP for export of SCOMET items
contained in the FTP, Schedule 2 of ITC (HS) and the HBP v1, irrespective of the
scheme under which the item is exported / proposed to be exported.
7. I / We solemnly declare that I / We have applied for / obtained a RCMC to the
EPC which pertains to our main line of business. In case we have applied to any
other council, the application has been made within the purview of the
provisions of Para 2.67 and Para 2.67.1 of the HBP v1.
8. I hereby certify that I am authorized to verify and sign this declaration as
per Paragraph 9.9 of the Policy.
Signature of the Applicant
Name
Designation
Official Address
Telephone
Residential Address
Email Address
|
Place
Date |
Note:
This form with Annexure-A may be submitted without other parts of the Aayat
Niryat Form.
(Appendix 39-A)
Annexure – A
Proforma for Submission of list of Products
(May be clearly typed)
| S. No. |
Name of Product |
ITC (HS) Code |
Manufacturers / Exporters name and address |
Is the product licensed under the provisions of the laws / Acts
established by any of the Ministries / Departments / Offices of the
Central / State Governments for manufacture and sale, and if so please
specify |
Description of the product including use (attach literature, if
required.) |
(Appendix 39-A)
Annexure - B
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
FREE SALE AND COMMERCE CERTIFICATE
The items as per Annexure (Total items) manufactured by M/s.
(Name of the firm & full address) are freely sold in India and are freely
exportable.
This certificate is valid for a period of two year from the date of issue.
Encl: As above.
Place:
Date:
Director General of Foreign Trade
Note: This certificate is based on declaration by the above firm that items of
export shown in Annexure are neither restricted nor prohibited for export.