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Regarding Instruction Exemption from Declarations � Goods Sent for
Testing Abroad subject to Re-import
Customs
Circular No. 19 dated 27th March 2003
I
am directed to state that Reserve Bank of India, vide regulation 4(k) of
Notification No. FEMA 36/2001-RB, dated the 27th February 2001,
waived the requirement of declaration on GR form in respect of goods sent
outside India (i) for testing subject to their re-import into India or (ii)
repair and re-import subject to certain conditions. A copy of notification No.
FEMA 36/ 2001-RB, dated 27.2.2001 is enclosed for ready reference.
2. You are,
therefore, requested to instruct all concerned suitably.
FEMA Notification No. 36/2001-RB dated February 27, 2001
In
exercise of the powers conferred by clause (a) of sub-section (1) and
sub-section (3) of Section 7, sub-section (2) of Section 47 of the Foreign
Exchange Management Act, 1999 (42 of 1999) and in partial modification of its
Notification No. FEMA 23/2000-RB dated 3rd May 2000, Reserve Bank of India makes
the following amendments in the Foreign Exchange Management (Export of Goods and
Services) Regulations, 2000 as amended from time to time, namely: -
1.
(i)
These Regulations may be called the Foreign Exchange Management (Export
of Goods and Services) (Amendment) Regulations, 2001.
(ii) They shall come into force with immediate effect.
2.
In the Foreign Exchange Management (Export of Goods and Services)
Regulations, 2000 (hereinafter referred as to �the said Regulations�,
(i)
in Regulation 4,
(a)
in clause (i), after the words �Export Processing Zones�, the words
�Electronic Hardware Technology Parks, Electronic Software Technology Parks�
shall be inserted;
(b)
after clause (i), the following clause shall be inserted, namely: -
�(ia) goods listed at items (1), (2) and (3) of clause (i) to be
re-exported by units in Special Economic Zones, under intimation to the
Development Commissioner of Special Economic Zones/ concerned Assistant
Commissioner or Deputy Commissioner of Customs.�
(c)
after clause (j), the following clauses shall be inserted, namely: -
�(k)
goods sent outside India for testing subject to re-import into India;
(l) defective goods sent outside India for repair and
re-import provided the goods are accompanied by a certificate from an authorized
dealer in India that the export is for repair and re-import and that the export
does not involve any transaction in foreign exchange;
(m)
exports permitted by the Reserve Bank, on application made to it, subject
to the terms and conditions, if any, as stipulated in the permission.�
(ii) in Regulation 6 of the said
Regulations, in sub-regulation (3), for clause (i), the following clause shall
be substituted, namely: -
�(i) The declaration in Form SOFTEX in respect of export of
computer software and audio/ video/ television software shall be submitted in
triplicate to the designated official of Ministry of Information Technology,
Government of India at the Software Technology Parks of India (STPIs) or at the
Free Trade Zones (FTZs) or Export Processing Zones (EPZs) or Special Economic
Zones (SEZs) in India.�
(iii)
in Regulation 9 of the said Regulations,
(a)
the existing Regulation shall be numbered as �(1)�.
(b)
after sub-regulation (1) as so numbered, the following sub-regulation
shall be inserted, namely: -
�(2)
(a) Where the export of goods or
software has been made by a unit situated in a Special Economic Zone, then
notwithstanding anything contained in sub-regulation (1), the amount
representing the full export value of goods or software shall be realized and
repatriated to India within twelve months from the date of export;
Provided that the Reserve Bank
may for a sufficient and reasonable cause shown, extend the said period of
twelve months.
(b) The
Reserve Bank may for reasonable and sufficient cause direct that the unit shall
cease to be governed by sub-regulation (2);
Provided
that no such direction shall be given unless the unit has been given a
reasonable opportunity to make a representation in the matter.
(c) On
such direction, the unit shall be governed by the provisions of sub-regulation
(1), until directed otherwise by the Reserve Bank.�
(iv)
in the Schedule to the said Regulations, for the �Software Export
Declaration (SOFTEX) Form�, the Form shall be substituted by the form as set
out in the Annexure.
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