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Third Party Exports under the EDI <a href='http://www.eximguru.com/exim/indian-customs/customs-regulations/shipping-bill-and-bill-of-export-form-regulations-1991.aspx'>Shipping Bill</a>/ Counting of Payment
Received through ECGC Cover for Fulfilment of Export Obligation even in case of
Old Applications/ Application by Branch Office of Registered Exporters for
Benefits under the Exim Policy/
Policy
Circular No. 12 dated 1st November 2002
(a) The issue of difficulties in carrying out third
party exports under the various export promotion schemes under the EDI shipping
bill has been brought to the notice of this office. Primarily the difficulties
stem from the fact that there is no option in the EDI shipping bill to add the
name of the supporting manufacturer.
On account of the problems
emanating from the current format of the EDI shipping bill and until this format
is appropriately modified, it has been decided to accept third party exports
provided the firm furnishes corroborative evidence of having made exports
through a third party.
For example evidence could be in
the form of ARE-1 Certificate issued by the Central Excise with due
authentication by the Customs verifying the exports along with the shipping bill
number and date. Any other evidence of third party exports are also acceptable
provided there is due authentication by the Customs authorities.
(b) Paragraph 2.25.3 of the Handbook of Procedures
(Vol. 1) permits taking into account of such exports for the purpose of benefits
under the Exim Policy where the exports have been completed but the payment has
not been realised from the buyer provided the payment has been realised through
ECGC cover.
It has been decided to grant the
benefits under para 2.25.3 of the Handbook of Procedures (Vol. 1) even for old
cases. Hence exports made and payment realised through ECGC cover would be taken
into account for benefits under the Exim Policy even if such exports were made
and/ or licences issued prior to 01.04.2002.
(c) The issue of application by the branch offices of registered exporters for
deemed export benefits was deliberated upon in this office. Keeping in view the
facility for branch offices of exporters to apply for Advance Licence under para
4.2 and 4.3 of the Handbook of Procedures (Vol 1) and for deemed exports as per
the provision of Policy Circular No 6 dated 27.06.2002, it was decided to extend
the facility of application by branch offices of exporters for all other
category of licences under the Exim Policy. However the concerned branch office
would have to obtain an authority letter or a NOC from the registered office in
the case of companies and Head office in other cases.
(d) Reference is invited to Policy Circular No 14 dated 19.10.2001, which prescribed
the procedure for the settlement of audit objections wherever the relevant
policy provisions mandated the surrender of Special Import Licence (SIL) that is
now defunct. In continuation of the aforesaid provision, some of the regional
offices have sought the extension of the provision of PC 14 dated 19.10.2001 to
all categories of cases where the surrender of SIL was mandated for
regularisation of the cases. The matter was deliberated upon in this office and
it has been decided that in the case of all categories of cases where the
surrender of SIL was envisaged for regularisation of cases in the relevant
Handbook of Procedures / Exim Policy, the same would be replaced by the payment
of an amount equivalent to 1% of the value of SIL to be surrendered. The amount
deposited would be through a TR in the authorised branch of the Central Bank of
India under the head of Account: �1453 � Foreign Trade and Export
Promotion� and Minor Head 102.
This
issues with the approval of the Director General of Foreign Trade.
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