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SOFTWARE EXPORT DECLARATION (SOFTEX) FORM, EXCHANGE CONTROL, 01-11-2004


Date: 01-11-2004
Notification No: EXCHANGE CONTROL
Issuing Authority: RBI  
Type: Master Circular
File No:
Subject: SOFTWARE EXPORT DECLARATION (SOFTEX) FORM

(For declaration of Software Exports through data-communication links
and receipt of Royalty on the Software Packages/Products exported)

FORM NO: AB DUPLICATE


1. Name and address of the exporter

2. STPI Centre within whose jurisdiction the unit is situated

3. Import-Export Code Number

4. Category of exporter : STP/EHTP/EPZ/SEZ/100% EOU/DTA unit

5. Buyers name and address including country and their relationship with exporting unit (if any)

6. Date and Number of Invoice

7. a) Whether export contract/ purchase order already registered with STPI.(If No, please attach copy of the contract/purchase order) Yes c No c

b) Does contract stipulate payment of royalty Yes c No c

SECTION - A
(For exports through data communication link)

8. Name of Authorised datacom service provider STPI/VSNL/DOT/Internet/Others (Please specify)

9. Type of software exported (Please mark on the appropriate box on the left side).

(a) Computer Software RBI Code

c Data Entry jobs and Conversion Software Data Processing 9 0 6

c Software Development 9 0 7

c Software Product, Packages 9 0 8

c Others (Please specify) 9 0 9

(b) Other Software

c Video/TV Software 9 1 0

c Others (Please specify) 9 1 1

10. Analysis of Export Value Currency Amount
(a) Full export value Of which :-

i) Net value of exports without
transmission charges

ii) Transmission charges
included in invoice

(b) Transmission charges (if payable
separately by the overseas client)

(c) Deduct: Agency commission,
at the rate of .......%

(d) Any other deductions as
permitted by RBI (please specify)

(e) Amount to be realised [(a+b) - (c+d)]

11. How export value will be realised
(mode of realisation) (Please mark
on the appropriate box)

c (a) Under L/C (a) Name and address _____________
of Authorised Dealer _____________
(b) Authorised Dealer Code No. ________________

c (b) Bank Guarantee (a) Name and address of ______________________
Authorised Dealer ______________________
(b) Authorised Dealer Code No. ________________

c (c) Any other arrangement
e.g. advance payment, etc.
including transfer/remittance
to bank account maintained
overseas (Please specify)

(a) Name and address of ___ ___________________
Authorised Dealer ______________________
(b) Authorised Dealer Code No. ________________


SECTION - B
(For receipt of Royalty on Software Packages/Products exported)

12. Details of Software Package(s)/
Product(s) exported
(a) Date of export ___________________________________

(b) GR/SDF/PP/SOFTEX Form No. on ___________________________________
which exports were declared

(c) Royalty agreement details
c %age and amount of royalty ___________________________________
c Period of royalty agreement
(Enclose copy of Royalty ___________________________________
agreement, if not already registered)

13. How royalty value will be realised
(as defined in Royalty agreement) ___________________________________

14. Calculation of royalty amount ___________________________________
(Enclose copy of communication
from the foreign customer)

15. Name and address of designated Authorised ___________________________________
Dealer in India through whom payment has
been received/to be received             A.D. Code No. _______________________

SECTION -C

16. Declaration by exporter


I/We hereby declare that I/we am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/we also declare that the software has been developed and exported by using Authorised and legitimate datacom links.

I/We undertake that I/we will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before ......................... (i.e. within six months from the date of invoice/date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999.



Place:

Date:
Stamp _____________________________

Signature of the Exporter

Name: ________________________

Designation: ___________________

===========================================================================
Enclosure:
    (1) Copy of Export Contract [7(a)]
    (2) Copy of Royalty Agreement [12(c)]
    (3) Copy of communication from foreign customer [14]
==========================================================================
Space for use of the competent authority (i.e. STPI/EPZ/SEZ) on behalf of Ministry of Information Technology

Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order and accepted by us.



Place:

Date:
Stamp _____________________________

(Signature of Designated Official of STPI/EPZ/SEZ
on behalf of Ministry of Information Technology)

Name: ________________________

Designation: ___________________

For Authorised Dealers use only

Certificate by Authorised dealer


ADs Uniform Code No.......................................


The SOFTEX Form included in the ENC statement sent to the Reserve Bank with the R Return (NOSTRO/VOSTRO)
....................................... for the period ending ................................... sent on
(Currency name)

We certify and confirm that we have received the total amount of.......................... ....... as under being the
(Currency) (Amount)
proceeds of exports declared on this form.

Date of Receipt Currency Credit to Nostro Account in ..................(Country) Debit to Non-Resident Rupee Account of a bank in ..................... (country) Period of R-Return with which the realisation has been reported to RBI
    In our name In the name of ** Held with us Held with **  
1 2 3 4 5 6 7
             

(** Write the name of the concerned branch of Authorised Dealer)

Any other manner of receipt (Specify) ............................................................................................

Place:____________
Date:____________
Stamp ___________________________
(Signature of Authorised Official)
Name: ____________________________________
Designation : _______________________________
Name & Address of__________________________
Authorised Dealer ___________________________


EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTEX) FORM


(For declaration of Software Exports through data-communication links
and receipt of Royalty on the Software Packages/Products exported)

FORM NO: AB TRIPLICATE


1. Name and address of the exporter

2. STPI Centre within whose jurisdiction the unit is situated

3. Import-Export Code Number

4. Category of exporter : STP/EHTP/EPZ/SEZ/100% EOU/DTA unit

5. Buyers name and address including country and their relationship with exporting unit (if any)

6. Date and Number of Invoice

7. a) Whether export contract/ purchase order already registered with STPI. (If No, please attach copy of the contract/purchase order) Yes c No c

b) Does contract stipulate payment of royalty Yes c No c

SECTION - A
(For exports through data communication link)

8. Name of Authorised datacom service provider STPI/VSNL/DOT/Internet/Others (Please specify)

9. Type of software exported (Please mark on the appropriate box on the left side).

(a) Computer Software RBI Code

c Data Entry jobs and Conversion Software Data Processing 9 0 6

c Software Development 9 0 7

c Software Product, Packages 9 0 8

c Others (Please specify) 9 0 9

(b) Other Software

c Video/TV Software 9 1 0

c Others (Please specify) 9 1 1

10. Analysis of Export Value Currency Amount
(a) Full export value Of which :-

i) Net value of exports without
transmission charges

ii) Transmission charges
included in invoice

(b) Transmission charges (if payable
separately by the overseas client)

(c) Deduct: Agency commission,
at the rate of .......%

(d) Any other deductions as
permitted by RBI (please specify)

(e) Amount to be realised [(a+b) - (c+d)]

11. How export value will be realised
(mode of realisation) (Please mark
on the appropriate box)

c (a) Under L/C (a) Name and address _____________
of Authorised Dealer _____________
(b) Authorised Dealer Code No. ________________

c (b) Bank Guarantee (a) Name and address of ______________________
Authorised Dealer ______________________
(b) Authorised Dealer Code No. ________________

c (c) Any other arrangement
e.g. advance payment, etc.
including transfer/remittance
to bank account maintained
overseas (Please specify)

(a) Name and address of ___ ___________________
Authorised Dealer ______________________
(b) Authorised Dealer Code No. ________________


SECTION - B
(For receipt of Royalty on Software Packages/Products exported)

12. Details of Software Package(s)/
Product(s) exported
(a) Date of export ___________________________________

(b) GR/SDF/PP/SOFTEX Form No. on ___________________________________
which exports were declared

(c) Royalty agreement details
c %age and amount of royalty ___________________________________
c Period of royalty agreement
(Enclose copy of Royalty ___________________________________
agreement, if not already registered)

13. How royalty value will be realised
(as defined in Royalty agreement) ___________________________________

14. Calculation of royalty amount ___________________________________
(Enclose copy of communication
from the foreign customer)

15. Name and address of designated Authorised ___________________________________
Dealer in India through whom payment has
been received/to be received             A.D. Code No. _______________________

SECTION -C

16. Declaration by exporter


I/We hereby declare that I/we am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/we also declare that the software has been developed and exported by using Authorised and legitimate datacom links.

I/We undertake that I/we will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before ......................... (i.e. within six months from the date of invoice/date of last invoice raised during a month), specified in the Regulations made under the Foreign Exchange Management Act, 1999.



Place:

Date:
Stamp _____________________________

Signature of the Exporter

Name: ________________________

Designation: ___________________

===========================================================================
Enclosure:
    (1) Copy of Export Contract [7(a)]
    (2) Copy of Royalty Agreement [12(c)]
    (3) Copy of communication from foreign customer [14]
==========================================================================
Space for use of the competent authority (i.e. STPI/EPZ/SEZ) on behalf of Ministry of Information Technology

Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order and accepted by us.



Place:

Date:
Stamp _____________________________

(Signature of Designated Official of STPI/EPZ/SEZ
on behalf of Ministry of Information Technology)

Name: ________________________

Designation: ___________________

XOS
(Paragraph 6.C.12)

A. D. Code No

Statement of particulars of export bills outstanding beyond prescribed period/ due date of realisation as at 30th June/ 31st December

Part I Outstanding export bills other than those on deferred payment terms


Sr. No. Bill No. and date Name & Address of exporter Exporters Code No./ IE Code No. Date of export Due date of reali- sation GR/PP/ SOFTEX form No. Port of Shipment Shipping bill No. and date Name & address of the overseas buyer Commodity
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Invoice value Amount Realised Amount Outstanding Rupee equivalent of outstanding amount
(To be classified as)
Remarks
Currency and Amount Currency and Amount Currency and Amount Cash exports Exports on consignment basis Undrawn balances  
12. 13. 14. 15. 16. 17. 18.

____________________________________________________________________ Total
_____________________________________________________________________

Part II Exports on deferred payment terms where instalments (including interest) are outstanding beyond due date

Sr. No. Name & address of exporter Exporters Code No./ IE Code No. No. & date of RBI approval for deferred payment term Date of export GR Form No. Port of Ship- ment Shipping bill No. and date Name & address of the overseas buyer Commodity Invoice value
Currency & Amount
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Value of goods covered under deferred payment terms(including interest) Total Amount of deferred instalments
(including
interest)
already
received
Total Amount of instalments outstanding
(including
interest)
beyond
due date
Rupee equi- valent of outsta- nding amount Whether ECGC cover obtained (Yes /No) No. & date of bank certificate issued Remarks
Currency Amount Currency Amount Currency Amount        
12. 13. 14. 15. 16. 17. 18.

_____________________________________________________________________ Total
_____________________________________________________________________

Part III : Summary

      Part I   Part II

  'Cash' exports Export on consignment basis Undrawn balances Total Exports on deferred payment basis
  Rs. Rs. Rs. Rs. Rs.

Outstandings as on
_______________

(End of previous
half-year)

Add: Addition during
the half- year
under report

Less: Deletion during
the half-year



Net position of
outstanding as on
______________

(End of half-year
under report)



We certify that all export bills i.e. export bills purchased, negotiated and sent for collection, outstanding beyond the prescribed period / due date of realisation of as at the end of halfyear under report have been included in this statement.


Place: ___________________

Date : ___________________
Stamp (Signature of Authorised Official)

Name: ______________________

Designation: _________________


Annex- 3
(C.15 Self write-off and extension of time)

(PART A)
Annual statement to be furnished to Authorised Dealers by exporters giving details of export performance during a calendar year as on 31 Dec..

(Amount in Rs 000s)

Total Export Proceeds Due within the Prescribed period of 180 days or higher period as applicable Total Export Proceeds realized within the prescribed period of 180 days or higher period as applicable Export proceeds not realized within the Prescribed Period of 180 days or higher period as applicable
No.of GR/SOFTEX/SDF/PP forms due Amount No.of GR/SOFTEX/SDF/PP forms Amount No.of GR/SOFTEX/SDF/PP forms Amount
  Fully Realised

Partly Realised
 

(PART B)

(Amount in Rs 000s)

Details of Export Bills not Realised (partly or fully) within the prescsribed period Details of Extension /Reduction in invoice value/ Write off by the Exporter himself Extension/ Reduction in invoice value / Write off sought from AD
GR/SOFTEX/SDF/PP No. Amount Amount Revised due date @ Amount Revised due date @
(1) (2) (3)
     
Total    

NOTE : 1) The exporter should approach AD/RBI for extension of time in respect of bills in Column (3) in PART B.

2) Total of Bills in Column (2) in Part B should not exceed 10% of those in Column 1 of PART A

3) From 2005 onwards Bills in Column 1 of PART A will include those which have been extended for realisation by the exporter himself or with the approval of AD/RBI.

4) In respect of export bills written off (including reduction in invoice value) evidence for surrender of export incentives to be enclosed.

@ For cases of extension

Exporters Signature : Verified by Authorised Dealer

Appendix

List of circulars which have been consolidated in the Master Circular on Export of Goods and Services

Sr.No. Circular No Date
1. A.P.(DIR Series) Circular No.4 August 27, 2001
2. A.P.(DIR Series) Circular No.5 August 27, 2001
3. A.P.(DIR Series) Circular No.6 September 24, 2001
4. A.P.(DIR Series) Circular No.9 October 25, 2001
5. A.P.(DIR Series) Circular No.10 November 1, 2001
6. A.P.(DIR Series) Circular No.20 January 28, 2002
7. A.P.(DIR Series) Circular No.30 March 26, 2002
8. A.P.(DIR Series) Circular No.34 April 1, 2002
9. A.P.(DIR Series) Circular No.35 April 1, 2002
10. A.P.(DIR Series) Circular No.38 April 12, 2002
11. A.P.(DIR Series) Circular No.53 June 27, 2002
12. A.P.(DIR Series) Circular No.54 June 29, 2002
13. A.P.(DIR Series) Circular No.2 July 4, 2002
14. A.P.(DIR Series) Circular No.10 August 14, 2002
15. A.P.(DIR Series) Circular No.11 August 14, 2002
16. A.P.(DIR Series) Circular No.12 August 28, 2002
17. A.P.(DIR Series) Circular No.21 September 16, 2002
18. A.P.(DIR Series) Circular No.28 October 3, 2002
19. A.P.(DIR Series) Circular No.33 October 23, 2002
20. A.P.(DIR Series) Circular No.34 October 31, 2002
21. A.P.(DIR Series) Circular No.41. November 8, 2002
22. A.P.(DIR Series) Circular No.61 December 14, 2002
23. A.P.(DIR Series) Circular No.62 December 17, 2002
24. A.P.(DIR Series) Circular No.78 February 14, 2003
25. A.P.(DIR Series) Circular No.91 April 1, 2003
26. A.P.(DIR Series) Circular No.94 April 26, 2003
27. A.P.(DIR Series) Circular No.100 May 2, 2003
28. A.P.(DIR Series) Circular No.104 May 31, 2003
29. A.P.(DIR Series) Circular No.105 June 16, 2003
30. A.P.(DIR Series) Circular No.8 August 16, 2003
31. A.P.(DIR Series) Circular No.12 August 20, 2003
32. A.P.(DIR Series) Circular No.20 September 23,2003
33. A.P.(DIR Series) Circular No.22 September 24, 2003
34. A.P.(DIR Series) Circular No.26 October 3, 2003
35. A.P.(DIR Series) Circular No.30 October 21, 2003
36. A.P.(DIR Series) Circular No.32 October 28, 2003
37. A.P.(DIR Series) Circular No.40 December 5, 2003
38. A.P.(DIR Series) Circular No.61 January 31, 2004
39. A.P.(DIR Series) Circular No.68 February 11, 2004
40. A.P.(DIR Series) Circular No.73 February 20, 2004
41. A.P.(DIR Series) Circular No.94 June 7, 2004
42. A.P.(DIR Series) Circular No.96 June 15, 2004
43. A.P.(DIR Series) Circular No.97 June 21, 2004
44. A.P.(DIR Series) Circular No.9 September 1, 2004
45. A.P.(DIR Series) Circular No.10 September 13, 2004
46. A.P.(DIR Series) Circular No.25 November 1,2004



				
       


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