Date: |
04-08-2021
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Notification No: |
Trade Notice 14/2021-22
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Issuing Authority: |
DGFT
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Type: |
Trade Notice
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File No: |
File No. Ol/941180/37/AM21/PC-4 |
Subject: |
Online Procedure for transfer of Advance Authorisation/EPCG Authorisation in case of amalgamation/de-merger/acquisition etc. -reg
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Government of India
. Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, Maulana Azad Road, New Delhi-llOOll
Policy - IV Division
Trade Notice 14/2021-22
Date: 04th August 2021
To,
1. All Advance Authorisation Holders/EPCG Authorisation Holders/ Other Members of
Trade
2. DGFT Regional Authorities
3. Export Promotion Councils
Subject: Online Proc'edure for transfer of Advance Authorisation/EPCG Authorisation
in case of amalgamation/de-merger/acquisition etc. -reg
In continuation to Public Notice 34/2015-2020 dated 24.12.2020, it is stated that in
case of amalgamationlde-mergerlacquisitionlinsolvency the export obligation(s)/contingent
liability(s) are required to be transferred from the earlier entity to the new entity as required
under the related laws and rules on the amalgamationlde-merger/acquisitionlinsolvency
process.
2. An online procedure is accordingly being notified to provide for online filing and
transfer of Advance Authorization(s) and EPCG Authorisation(s) from the earlier entity to the
new entity(s). The detailed steps are presented as follows for perusal -
(i) Applicant would request for amalgamation/de-merger/ acquisition of IEC by
navigating to DGFT Website -- > Services -- > IEC Profile Management -- > 'Request
for Merger/De-merger'. The given process is implemented as per Public Notice 34/2015-2020 dated 24.12.2020
(ii) Post approval of the given IEC request, the firm may apply for amendment of each
of their AAlEPCG authorizations separately. The request may be submitted on the
DGFT Website -- > Services -- > AA (or EPCG) -- > Transfer of Authorisation
(iii) The request for amendment of the Authorisation(s) would be auto-submitted to
the concerned jurisdictional RA from the which the Authorisation was issued.
(iv) On approval of the request the given authorization would be amended and
updated details would be transmitted electronically to Customs.
(v) For EPCG authorizations, for the Annual Average Export Obligation (AEO)
mentioned on EPCG authorizations, Company A (EPCG authorization holder merging
into Company B) the AEO of new entity = AEO of Company A + AEO of company B
based on date of merger.
(vi) For the purpose of AEO of company B, firm would be required to submit
Chartered Accountant Certificate (CAC) to the concerned RA as part of the online
amendment request.
(vii) SIBs and B/Es under the earlier IEC would be available under Bills Repository
of the new IEC during the authorization closure process.
3. Difficulties, if any, in implementation of these provisions may please be brought to
the notice of this Directorate immediately. For guidance on these new processes, the Help
manual & FAQs may be ·accessed on the DGFT Website -- > Learn -- > 'Application Help &
FAQs'. For any further assistance you may utilize any of the following channels -
1. Raise a ticket through the DGFT Helpdesk service under Services -- > 'DGFT
Helpdesk Service'
11. Call the toll-free IIelpdesk number
111. Send an email to the Helpdesk on [email protected]
4. This issues with the approval of the Competent Authority.
(Issued from File No. Ol/941180/37/AM21/PC-4)
Vjay Kumar
Additional Director General of Foreign Trade
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