| Change In Name and Constitution |
9.1 |
If there is any change in the name/address or constitution
of IEC holder/licensee/Actual User eligible for import without a licence/recognised
status holders, the concerned IEC holder/licensee/Actual User/ status
holders, as the case may be, shall cease to be eligible to import
or export against the licence/IEC No. or any other facility permitted
under the Policy and Handbook, after expiry of 90 days from the date
of such change in his name or address or constitution, unless in the
meantime, |
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|
| (a) |
The IEC holder/licensee/status holders has got
the consequential changes effected in the IEC Number/licence
or the recognition certificate, as the case may be, by the concerned
licensing authority; |
| (b) |
The Actual User has got the consequential changes effected
from the concerned authority in the Industrial Licence issued
by the Secretariat for Industrial Assistance (Ministry of Commerce
and Industry) or Certificate of Registration as an Actual User
issued by Director of Industries of the State Government or
has received an acknowledgement for filing of a memorandum with
the Secretariat for Industrial Assistance. Provided, however,
the licensing authority issuing the IE Code may, condone the
delay on payment of a penalty of Rs. 1000/-. |
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However, the change in the director of a public limited company
shall not be considered change in the constitution of the company
for the purposes of payment of the aforesaid penalty.
The constitution for the purposes of amendment of an IEC and payment
of the aforesaid penalty would mean the change in partners in a
partnership firm, trustees of a trust, members of the board of a
society and directors of a private limited company. |
| Denomination of Import Licence/ Certificate/ Permissions |
9.2 |
Import Licence/Certificate /Permissions issued under the Policy
shall indicate the value both in Rupees and in freely convertible
currency(s) at the exchange rate(s) prevailing on the date of issue
of the Licence/ Certificate/Permission. In the case of Licence/ Certificate/Permissions
where export obligation is imposed, the value of the export obligation
shall be indicated both in freely convertible currency(s) and in Rupees
equivalent at the exchange rate(s) prevailing on the date of issue
of the Licence/Certificate/ Permission. Such exchange rate(s) shall
also be indicated on the import Licence/Certificate/ Permission. |
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9.2.1 |
The remittance of foreign exchange and discharge of export obligation
against the Licence/Certificate/ Permission shall, however, be regulated
in freely convertible currency. No enhancement in Rupee value shall
be necessary if the remittance of foreign exchange is covered by the
value of Licence/Certificate/ Permission shown in freely convertible
currency. |
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9.2.2 |
However, on the Advance Licence(s), issued for exports to ACU countries,
export obligation shall be denominated and discharged in ACU dollars.
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9.2.3 |
The export obligation against Advance Licence for intermediate
supply and Advance Licence for deemed export, where supplies are to
be made within the country, shall be denominated in Indian rupees
and the export obligation shall be discharged in Indian rupees with
reference to the CIF value of imports in Indian rupees irrespective
of CIF value indicated on the licence. |
| Applications Received After Expiry of Prescribed Date of
Receipt |
9.3 |
Wherever any application is received after the expiry of the last
date for submission of such application but within six months from
the last date, such application may be considered after imposing a
late cut @ 10% on the entitlement. |
| Supplementary Claims |
9.4 |
Wherever any application for supplementary claim is received, within
the specified time limits, such application may also be considered
after imposing a cut @10% on the entitlement. |
| Furnishing of Information |
9.5 |
Every importer/ exporter shall furnish such information as may
be called for by the Director General of Foreign Trade or any officer
duly authorised by him. |
| Clarifications On Policy/Procedures |
9.6 |
A request seeking clarifications on any provision of the Policy
or Handbook of procedures, importability or exportability of items
under ITC(HS), may be made to the Director General of Foreign Trade
in the form given in Appendix-19. The clarification may also be sought
on E.mail. |
| Consumption Register |
9.7 |
The importer shall maintain a register of items imported under
a licence and its consumption. The importer shall also maintain
such a register of items imported without a licence and its consumption
provided such items are imported subject to actual user condition.
The register shall be maintained in the form given in Appendix-18
except in respect of the scheme wherein period for retention of
the consumption register is specifically mentioned, in all other
cases, the register shall be maintained upto 3 years period from
the date of import. |
| Export Facilitation |
9.8 |
In order to resolve exporters' problems in a co-ordinated manner,
the field offices of the Directorate General of Foreign Trade shall
act as Export Facilitation Centres.
These offices shall function as nodal agencies to attend to the
problems and grievances of the exporters, and also co-ordinate with
different Departments to resolve their trade and export related
problems.
In addition, Nodal Officers have also been nominated in other Ministries/
Departments and a list of such officers nominated to assist exporters
is given in Appendix-38.
For resolving problems relating to different departments, facilitation
committees shall be constituted in each department which shall be
serviced by Directorate General of Foreign Trade. |
| Standing Grievance Committee |
9.9 |
The detail of the Grievance Redressal Mechanism is given in
para 2.49 of the Policy.
In order to facilitate speedy redressal of genuine grievances of
trade and industry pertaining to the Policy and Procedure, Grievance
Committees have been constituted.
These Grievance Committees are chaired by (i) the Director General
of Foreign Trade at the Headquarters and (ii) head(s) of the concerned
Regional Licensing Authority (s) in the respective licensing offices.
Grievance Committee will include representatives of the Federation
of Indian Export Organisations (FIEO), Export Promotion Councils/
Commodity Boards, Development Authorities, and Government Departments/
technical authorities as their members. |
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9.9.1 |
The Chairman of the respective Grievance Committee(s) may also co-opt
any other member. The meetings of such Committees shall be held on
a monthly basis. |
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9.9.2 |
Every exporter/importer shall have a right to seek and have an
opportunity to make a representation to and be personally heard, if
he so desires, by the Grievance Committee. For this purpose, he may
send his request in writing seeking such personal hearing. |
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9.9.3 |
A representation to the Grievance Committee may be made in the
form given in Appendix-23. |
| Counter Assistance |
9.10 |
For speedy disposal of applications, "Counter Assistance"
will function in all the offices of the Directorate General of Foreign
Trade.
A Foreign Trade Development Officer (FTDO) shall be incharge of
the counter in each office. On submission of the application at
the counter, applicant will be handed over a token and would be
advised on the same day whether his application has been found complete
and admitted for further processing by the office or whether is
any deficiency that needs to be rectified. |
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9.10.1 |
Counter Assistance will send the application to the concerned
section on the same day of its receipt for necessary scrutiny. If
there are any deficiencies, these will be noted by the concerned
section and returned to the counter on the same day. In case of
complete applications, the applicant will be given a formal receipt
indicating file number for further reference.
In case of deficient applications, the same will be returned to
the applicant for complying with all the deficiencies pointed out
by the concerned section.
Complete applications shall be processed by the concerned section
within the time frame as given under paragraph 9.10.
Communication of any deficiency noted subsequently should be undertaken
only with the approval of the head of office who shall be responsible
for effective functioning of Counter Assistance. |
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9.10.2 |
Counter Assistance may also be availed of for amendments of minor
nature/enquiries. Applications, in such cases, will be received in
the licensing offices at the counter against a proper receipt and
the licence/list/enquiry, as the case may be, shall be returned after
carrying out necessary amendments/ giving necessary reply as far as
possible on the same day, across the Counter. |
| Time Bound disposal of applications |
9.11 |
The licensing authority shall dispose off applications expeditiously.
The following time schedule shall normally be followed to dispose
of the applications provided the application is complete in all respects
and is accompanied by the prescribed documents. |
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|
| S. No. |
Category Of Application |
Time Limit For Disposal |
| a) |
IEC Code Number |
2 working days |
| b) |
Advance Licence where Input-Output norms are notified or under
paragraph 4.7 and Advance Licence for Annual Requirement |
3 working days |
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Advance Licence where Input-Output norms are notified but
cases are to be placed before ALC |
15 working days |
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Advance Licences where Input-Output Norms are not notified,
|
45 working days |
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Fixation of input output norms |
90 working days |
| c) |
DFRC/DEPB |
3 working days |
| d) |
EPCG licences on self declaration basis |
3 working days |
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EPCG licences for fixation of nexus (other than those covered
in i) above |
45 working days |
| e) |
All licences under Gem & Jewellery scheme. |
3 working days |
| f) |
Revalidation of licence and extension of export obligation
period by R.L.A |
3 working days |
| g) |
Acceptance of Bank Guarantee/ Legal Undertaking |
3 working days |
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Redemption of Bank Guarantee/ Legal Undertaking for Advance
Licences. |
15 working days |
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Redemption of BG/LUT for EPCG licences. |
30 working days |
| h) |
Issuance/renewal of status certificate. |
3 working days |
| i) |
Amendment of any category of licence |
3 working days |
| j) |
Fixation of deemed exports Drawback rate |
45 working days |
| k) |
Miscellaneous |
10 working days |
| l) |
All applications filed through EDI mode |
1 working day |
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Cases of undue delay in disposal of applications may be brought
to the notice of the head of the regional offices by way of a written
representation, which shall be promptly enquired into and responded
to. |
| Date of Shipment/ Dispatch In respect of Imports |
9.11 A |
Date of shipment/dispatch for the purposes of imports will be reckoned
as under:- |
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| Mode of Transportation |
Date of Shipment/Dispatch |
| By Sea |
The date affixed on the Bill of Lading |
| By Air |
The date of the relevant Airway Bill provided this represents
the date on which the goods left the last airport in the country
from which the import is effected. |
| From land-locked countries |
The date of dispatch of the goods by rail, road or other
recognised mode of transport to the consignee in India through
consignment basis. |
| By Post Parcel |
The date stamp of the office of dispatch on the packet or
the dispatch note |
| By Registered Courier Service |
The date affixed on Courier Receipt/ Waybill |
| Multimodal transport |
The date of handling over the goods to the first carrier
in a combined transport Bill of Lading. |
|
| Date of Shipment/ Dispatch in respect of Exports |
9.12 |
Date of shipment/despatch for the purposes of exports will be reckoned
as under:- |
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|
S. No. |
Mode of Transportation |
Date Of Shipment/ Dispatch |
| (i) |
By Sea |
For bulk cargo, the date of Bill of Lading or the date
of me receipt, whichever is later.
- For containerised cargo, the date of "Onboard Bill
of Lading", or "Received for Shipment Bill of
Lading", where the L/C provides for such Bill of Lading.
For exports by containers from Inland Container Depot (ICD),
the date of Bill of Lading issued by shipping agents at
the time of loading of export goods in the ICD after customs
clearance.
- For Lash barges, the date of Bill of Lading evidencing
loading of the export goods on board
|
| (ii) |
By Air |
The date mentioned by the appropriate Officer of Customs on
the Shipping Bill, evidencing loading or handing over of goods
to the air cargo complex, which are not international airports,
or by way of rotation of flight number and date. |
| (iii) |
By Post Parcel |
The date stamped on the postal receipt. |
| (iv) |
By Rail |
The date of RR (Railway Receipt). |
| (v) |
By Registered Courier Service |
The date affixed on Courier Receipt/ Waybill |
| (vi) |
By Road |
The date on which the goods crossed the Indian border as
certified by the Land Customs Authorities.
However, wherever the Policy provisions have been modified
to the disadvantage of the exporters, the same shall not be
applicable to the consignments already handed over to the
Customs for examination and subsequent exports upto the date
of the Public Notice.
Similarly, in such cases where the goods are handed over
to the customs authorities before the expiry of the export
obligation period but actual Exports take place after expiry
of the export obligation period, such exports shall be considered
within the export obligation period and taken towards fulfilment
of export obligation. |
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| General Power of review. |
9.13 |
The Director General of Foreign Trade may, on his own or otherwise,
call for the records of any case pending with or decided by an officer
subordinate to him or an officer of any EPC/FIEO including a Group/
Committee of officers nominated, appointed or authorised by him and
pass such orders as he may deem fit. |
