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Condonation of Procedural Lapse of not mentioning EPCG Licence No. and
Date on the <a href='http://www.eximguru.com/exim/indian-customs/customs-regulations/shipping-bill-and-bill-of-export-form-regulations-1991.aspx'>Shipping Bill</a> relating to Exports effected for Fulfillment of EO
Policy
Circular No. 7 dated 11th July 2002
Attention
is invited to paragraph 5.7.1 of the Hand Book of Procedures (Vol. 1), 2002-07,
according to which at the time of export the EPCG Licence No. and date shall be
endorsed on the shipping bills, which are proposed to be presented towards
discharge of Export Obligation.
Representations
are being received from various exporters for condonation of procedural lapse of
not mentioning EPCG licence No. and date on the shipping bills relating to the
exports for fulfillment of EO under EPCG Scheme. In this regard a decision has been taken in relaxation under
para 2.5 of the Exim Policy that such procedural lapse may be condoned in
relaxation of the existing policy provisions subject to submission/ verification
of the following documents: -
IN
CASE OF DIRECT EXPORTS
(I) An Affidavit/ Undertaking, duly certified by an independent CA, declaring
that the exports accounted for fulfillment of EO against a particular EPCG
Licence have not been/ shall not be taken into account for fulfillment of EO
against any other EPCG Licence.
(II) List of EPCG Licences obtained by the licence holder.
(III) The product exported under the shipping bill was manufactured by using the
imported machinery under EPCG.
IN
CASE OF THIRD PARTY EXPORTS
(I) No objection certificate from the 3rd party(s) for accepting the
subject exports for fulfillment of EO against the EPCG Licence obtained by the
licence holder.
(II) An Affidavit/ Undertaking in a stamp paper duly certified by an independent
CA, declaring that neither the licence holder nor the 3rd party(s)
has counted/ shall count in future, the exports shown against a particular EPCG
licence towards fulfillment of EO against any other EPCG licence.
(III) List of EPCG Licences obtained by the licence holder as well as by the 3rd
party(s).
(IV) A declaration from the 3rd party(s) in a stamp paper, duly
certified by an independent CA, declaring that the products exported for
fulfillment of EO by them on behalf of the licence holder as per details given
in the statement of exports, were manufactured by the licence holder.
(V) This would be subject the condition that the relevant shipping bills contain
both the names of the 3rd party(s) and the licence holder.
Regional
Licensing Authorities may dispose of the cases for fulfillment of EO/ Redemption
of BG in such cases, keeping in view of the above guidelines without making
further reference to Hqrs.
This
issues with the approval of DGFT.
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