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Import of Fuel under Self-declared AL, Direct Negotiation of Documents,
Deemed Supplies under Irrevocable Inland LC, Addition of Districts in AEZ,
Addition of Agency Authorized to Issue Certificate of Origin (Non Preferential)
etc.
Public
Notice No. 51 dated 4th December 2002
In
exercise of powers conferred under paragraph 2.4 of the Export and Import
Policy, 2002-07, the Director General of Foreign Trade hereby makes the
following amendment in the Handbook of Procedures (Vol.1): -
1)
Para 2.25.2 pertaining to the �Direct
negotiation of export documents� is amended as under:
In
cases where the exporter directly negotiates the document (not through the
authorised dealer) with the permission of the RBI, he is required to submit the
following documents for availing of the benefits under the export promotion
schemes:
a)
Permission from RBI allowing direct negotiation of documents (however
this is not required for status holders who have been granted a general
permission),
b)
Copy of the Foreign Inward Remittance Certificate (FIRC)
as per Form 10 H of the Income Tax department in lieu of the BRC and
c)
Statement
giving details of the shipping bills/ invoice against which the FIRC was issued.
2)
Paragraph
4.6 pertaining to �Newcomers� is amended as under:
In
the case of newcomers, who have not exported (either physical or deemed) in each
of the preceding three licensing years, the Advance Licence shall be issued
subject to furnishing 100% BG to Customs authority to cover exemption from
Customs duty together with 15% interest. Specific endorsement to this effect
shall be made in the licence by the licensing authority. However, the Status
Holders/ PSUs and Manufacturer exporter registered with excise authority with
export of Rs 1 crore and above in preceding year and who has not been penalised
under the Customs Act, Excise Act, Foreign Trade (Development and Regulation)
Act, 1992 and FEMA/ FERA shall not be treated as newcomers. However,
manufacturer exporters not registered with excise authorities and having an
export turnover less than Rs 1 crore but registered with the state sales tax
authorities need to furnish a bank Guarantee to the tune of 25% of the duties
saved. Manufacturer exporters shall furnish a CA certificate certifying
preceding years exports and certificate of registration with Central excise
authorities or state sales tax authorities as the case may be. They shall also
give a declaration that they have not been penalised under Customs Act, Excise
Act, Foreign Trade (Development and Regulation) Act, 1992 and FEMA/ FERA.
3)
It
has been decided to continue with the earlier policy provision of permitting
regional licencing authorities to issue advance licence in respect of Petroleum
and Petrochemical Products to be manufactured from crude oil upto a limit of a
CIF value of Rs 500 crores. Hence paragraph 4.8 pertaining to the �Financial
Powers� is deleted.
4)
A
decision was taken to permit the duty free import of fuel for all Advance
Licence applications either under SION or under self-declaration as per para
4.7. Hence para 4.9 pertaining to Standardisation of Adhoc norms is amended as
under:
For
standardisation of norms, an application may be made by the manufacturer
exporter or merchant-exporter, tied to supporting manufacturer, duly filled in
with complete data. Such applications shall be made to the Advance Licensing
Committee (ALC) in the form given in Appendix-10.
Import
of fuel may also be allowed by ALC subject to the following: -
(a)
The facility of import of fuel shall be allowed only to the manufacturer
having captive power plant.
(b)
Fuel should be allowed either under specific SION or as per the general
fuel policy for products for which SION exists or as per general fuel policy
under paragraph 4.7 or under ad-hoc norms.
(c)
Fuel should be allowed only against an actual user licence and therefore,
fuel shall not be allowed for imports against DFRC, which is transferable in
nature.
(d)
Even where fuel is included as an input under SION, it shall not be taken
into account while fixing the DEPB rate for such products against which fuel has
been allowed as an input.
(e)
The applications of fixation of fuel entitlement for new sectors and
modification of the existing entitlement as per the General Note for Fuel in the
Handbook of Procedures (Vol 2) would be made to the Advance Licencing Committee
along with the requisite data in Appendix 10 H pertaining to the �Data Sheet
for Fuel Rate�. The Advance Licence holders wishing to procure the fuel
indigenously may apply for an Advance Release Order or Back-to-Back Inland
Letter of Credit. The indigenous supplier supplying fuel shall be entitled for
deemed export benefits given in para 8.3(a), (b) & (c) of the Policy. In
case the indigenous suppliers is not willing to avail of DE benefits under such
supplies of fuel to the Advance Licence holder, he may issue a disclaimer on the
basis of which the Advance Licence holder can avail of the deemed export
benefits as per procedure given in Chapter 8 of the Handbook of Procedures (Vol
1).
5)
The following is added as a sub para to para 4.25 (ii) pertaining to
�Fulfilment of export obligation for deemed exports� as under:
However
realisation of export proceeds shall not be insisted upon if the shipments are
made against confirmed irrevocable inland letter of credit and the same is
certified in columns 5/6/7 of Appendix 22 A.
6)
Certain districts have been added to the following Agri Export Zones in
Appendix 15 as under:
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S.
No
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Product
|
State
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Districts
covered
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12
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Potatoes
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Uttar
Pradesh
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Agra,
Hathras, Farrukhabad, Kannoj, Meerut, Baghpat, Aligarh, Janpad Badaiyun,
Rampur, Ghaziabad, and Firozabad
|
|
14
|
Mangoes
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Uttar
Pradesh
|
Saharanpur,
Muzzafarnagar, Bijnaur, Meerut, Baghpat, Bulandshahr and Jyotifulenagar
|
7)
The following chamber is added as an agency authorised to issue
Certificates of Origin � Non Preferential in Appendix 35 B under the State
Head �Delhi�:
8)
The Associated Chambers of Commerce and Industry of India
147-B, Gautam Nagar, Gulmohar Enclave,
New Delhi 110049
This
issues in public interest.
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