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Monitoring of export obligation under Duty Exemption Scheme and E.P.C.G.
Scheme - Instructions issued vide Circular No. 131/ 95-Customs dated 20.12.95-
Modification regarding
Circular No. 24 dated 19th
April 1996
Attention is
invited to Ministry's Circular No. 131/ 95 dated the 20th December 1995
clarifying the scope of certain amendments to notifications issued under DEEC
and EPCG Scheme particularly for discharge waiver of Bond to be executed
with the Customs Authority. The DGFT have observed that the Circular militates
against the fact the monitoring export obligation remains the primary
responsibility of the licencing authority.
2. It
is now provided that while the Bond/ BG would continue to be furnished to the
Customs, for discharge of Bond, the exporter must obtain a Certificate from the
Licencing authority that the export obligation has been discharged. Thus,
henceforth a certificate from the licencing authority must be insisted upon in
addition to the exporter/ Advance Licence Holder furnishing a Customs endorsed
Part-F of DEEC BOOK (Part - II), and DEEC/ EP triplicate copies or relevant
Shipping Bills.
3. Where
exports are completed in full, and waiver of Bond is sought, the same would be
decided by the Assistant Commissioner of Customs after a similar certificate has
been obtained from the licencing authority and furnished at the time of import.
4. For
the discharge of Bond executed in terms of Notification No. 128/ 94-Customs
relating to Special Imprest Licencing Scheme, the only evidence required would
be a certificate of the Licencing authorities confirming discharge of obligation
under the said notification.
5(a). For discharge of
export obligation under E.P.C.G. Scheme also a certificate from Licencing
authority confirming that export obligation has been fulfilled may also be
insisted upon.
5(b). For discharge of
exports of Service providers under E.P.C.G. Scheme, it may not be possible even
otherwise for Customs authorities to monitor export obligation directly since no
export of goods is involved. In such cases, certificate by the Licencing
authority certifying due discharge of export obligation in necessary as
evidence of discharge of export obligation.
6. The instructions
issued vide Circular No. 131/ 95-Cus dated 20.12.95 stand modified to the above
extent.
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