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1. INTRODUCTION
Export-Import (EXIM) Policy alternatively known as Trade Policy refers to Policies adopted by a country with reference to exports and imports. Trade; Policy can be free trade policy or protective trade policy. A free trade is one which does not impose any restriction on the exchange of goods and services between different countries. A free trade policy involves complete absence of tariffs, quotas, exchange restrictions, taxes and subsidies on production, factor use and consumption. Though free trade, theoretically, offers several advantages, in reality, particularly underdeveloped countries were at a disadvantage in such a system of international trade. As a result, in the early 20th century, international economy saw the emergence of protective trade policies. A protective trade policy pursued by a country seeks to maintain a system of trade restrictions with the objective of protecting the domestic economy from the competition of foreign products. Protective trade policy constituted an important plank in the commercial policies of underdeveloped countries during the 50s, 60s, and 70s and to some extent in the 80s. Many of the underdeveloped countries continue to have protective trade policies even today. Trade policies may be outward looking or inward looking. An outward looking trade policy encourages not only free trade but also the free movement of capital, workers, enterprises and students, a welcome to the multinational enterprises, and an open system of communications. An inward looking trade Policy Framework and Procedural Aspects policy stresses the need for a country to evolve its own style of development and to be the master of its own fate, with restrictions on the movement of goods, services and people in and out of the country. An inward looking trade Policy encourages the development of indigenous technologies appropriate to a countrys resource endowment. Given these, a developing country may adopt commodity specific trade policies such as the following: A. Primary outward looking polices: Aimed at encouraging agricultural and raw material export. B. Secondary outward looking policies: Aimed at promoting manufactured exports. C. Primary inward looking polices: Objective is to achieve agricultural self-sufficiency. D. Secondary inward looking polices: Objective is attaining manufactured commodity selfsufficiency through import substitution. Trade Policy will strongly influence the direction, trend and growth of foreign trade of a country. This, in turn, will have a bearing on the economic development process. Therefore, trade policy is an important economic instrument which can be used by a country, with suitable modifications from time to time, to achieve its long-term objectives.
3. THE FOREIGN TRADE REGIME: ANALYTICAL PHASES AND CHANGES OVER TIME
J.N. Bhagwati and A Krueger, in their comparative analysis of the impact of foreign trade regime and economic development in a number of countries, defined a set of analytical phases with reference to the EXIM policy of a country. These phases in the foreign trade regime were designed essentially as a classificatory and descriptive device to capture meaningfully the evolution of foreign trade regime in terms of its restrictionist content and the dimensions and patterns of its use of control and price instruments. There are broadly five phases which are as follows: Phase I: Characterized by the systematic and significant imposition of quantitative restrictions (QR). It might start in-response to an unsustainable balance of payments deficit. Throughout Phase I, controls are generally maintained and often intensified Phase II: Characterized by continued reliance upon quantitative restrictions and generally increased restrictiveness of the entire control system. Phase II is distinguished by two additional and related aspects of the QR system, both relatively unimportant during Phase I: 1. The detailed workings of the control system become increasingly complex, and
The foreign exchange reserves position improved in the latter half of the 70s, due to: increased remittance from Indians working in West Asia, improved agricultural production and Decline in public investment. The net result was a relaxation in the severity of import control regime during 1975-85, signifying the re-entry into Phase III. Import allocation rules were made simpler. Protective quotas, however, remained intact and domestic industry continued to be completely shielded from import competition.
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) In April 1985, in a significant departure, the Government announced new Export-Import Policy for a period of three years. The objectives were to bring some stability to the policy and thereby reduce the uncertainty about year to year changes that exporters and importers faced. However, in reality, this did not restrain the Government from announcing changes in the Exim policy from time to time. Although the stringency of the import regime did not dilute substantially, the two three-year policies (i.e. Exim polices of 1985-88 and 1988-91), did represent some major simplifications. In particular, the number of items in the category of Open General License (OGL) for capital goods imports increased from nil in 1975 to over 1,100 items in the 1988-91 policy. Similarly, many intermediate goods were put in the OGL category. Thus policy changes that occurred in the latter half of the 80s till 1991 (1986-91) characterized the continuance of Phase III, which began in 1975. However, it was since 1991 that radical changes were introduced in India's Exim policy. There has been a gradual and steady curtailment of import tariffs and liberalization of quantitative restrictions. All these signify that India has entered Phase IV with regard to the foreign trade regime.
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) 6. Additional Towns of Export Excellence (TEEs) announced viz.Barmer (Rajasthan) for Handicrafts; Bhiwandi (Maharashtra) for Textiles; and Agra (Uttar Pradesh) for Leather Products.
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) 17. Chartered Engineer Certificate for Advance Authorization on self-declared basis has been dispensed with. This will reduce documentation and the transaction cost.
EDI Initiatives
18. To reduce the transaction cost and time, the scope and domain of EDI is endeavored to be continuously broadened. To remove redundancy of repeated submissions of RCMC, an eRCMC initiative has been commenced. Under this, the Export Promotion Councils would upload the RCMC data of their members on DGFTs website only once, thus reducing the procedural burden of repeated submissions and associated cost and time. 19. Facility of a data preparation module for Advance Authorization and Export Promotion Capital Good (EPCG) has been provided on an offline mode, which would reduce the need of continuous online interaction for long and address the connectivity and server response issues significantly. 20. In order to provide wider choice to the users and enlarge access for online filing, additional licensed certifying authorities for digital signatures and banks for electronic fund transfer (EFT) operations have been included in the gamut of EDI operations. 21. The online message exchange for Annual Advance Authorization and Duty Free Import Authorization (DFIA) shall also be made operational with Customs w.e.f. 1.12.2010.
Leather Sector
22. Leather sector shall be allowed re-export of unsold imported raw hides and skins and semifinished leather from Public bonded warehouses, without payment of any export duty. This will facilitate the logistics for establishment of such warehouses and easy access to raw material for the leather sector. 23. Finished Leather export shall be entitled for Duty Credit Scrip @ 2% under FPS. 24. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme would significantly benefit the Leather Sector.
Handloom sector
25. Duty free import of specified trimmings, embellishments etc. shall be available on Handloom made-ups exports @ 5% of FOB value of exports. 26. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme would significantly benefit the Handloom Sector.
Textiles sector
27. Duty free import of specified trimmings, embellishment etc. shall be available @ 3% on exports of polyester made-ups in line with the facility available to sectors like Textiles & Leather. It will promote export of products such as micro cloth, which has become popular in home textiles. 28. Readymade Garment sector granted enhanced support under MLFPS for a period of further 6 months from October, 2010 to March, 2011 for exports to 27 EU countries.
Handicraft Sector
30. The facility of duty free import of tools under Duty Free Import scrips for Handicraft sector shall be made operational. 31. Additional 2% bonus benefits over and above the existing benefits under Focus Product Scheme will significantly benefit the Handicrafts and Silk Carpets sectors.
Service sector
32. Scrips issued under Served from India Scheme (SFIS) can now be used for payment of duty on import of Vehicles, which are in the nature of professional equipment.
Composition:
Commerce & Industry Minister will be the Chairman of the Board of Trade (BOT). Government shall also nominate up to 25 persons, of whom at least 10 will be experts in trade policy. In addition, Chairmen of recognized EPCs and President or Secretary-Generals of National Chambers of Commerce will beex-officio members. BOT will meet at least once every quarter.
Exports and Imports shall be free, except in cases where they are regulated by the provisions of this Policy or any other law for the time being in force. The item wise export and import policy shall be, as specified in ITC (HS) published and notified by Director General of Foreign Trade, as amended from time to time.
Every exporter or importer shall comply with the provisions of the Foreign Trade (Development and Regulation) Act, 1992, the Rules and Orders made thereunder, the provisions of this Policy and the terms and conditions of any license/certificate/permission granted to him, as well as provisions of any other law for the time being in force. All imported goods shall also be subject to domestic Laws, Rules, Orders, Regulations, technical specifications, environmental and safety norms as applicable to domestically produced goods. No import or export of rough diamonds shall be permitted unless the shipment parcel is accompanied by Kimberley Process (KP) Certificate required under the procedure specified by the Gem & Jewellery Export Promotion Council (GJEPC).
Interpretation of Policy
If any question or doubt arises in respect of the interpretation of any provision contained in this Policy, or regarding the classification of any item in the ITC (HS) or Handbook (Vol.1) or Handbook (Vol.2), or Schedule Of DEPB Rate the said question or doubt shall be referred to the Director General of Foreign Trade whose decision thereon shall be final and binding. If any question or doubt arises whether a license/ certificate/permission has been issued in accordance with this Policy or if any question or doubt arises touching upon the scope and content of such documents, the same shall be referred to the Director General of Foreign Trade whose decision thereon shall be final and binding.
Procedure
The Director General of Foreign Trade may, in any case or class of cases, specify the procedure to be followed by an exporter or importer or by any licensing or any other competent authority for the purpose of implementing the provisions of the Act, the Rules and the Orders made thereunder and this Policy. Such procedures shall be included in the Handbook (Vol.1), Handbook (Vol.2), Schedule of DEPB Rate and in ITC (HS) and published by means of a Public Notice. Such procedures may, in like manner, be amended from time to time. The Handbook (Vol.1) is a supplement to the EXIM Policy and contains relevant procedures and other details. The procedure of availing benefits under various schemes of the Policy are given in the Handbook (Vol.1).
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Any request for relaxation of the provisions of this Policy or of any procedure, on the ground that there is genuine hardship to the applicant or that a strict application of the Policy or the procedure is likely to have an adverse impact on trade, may be made to the Director General of Foreign Trade for such relief as may be necessary. The Director General of Foreign Trade may pass such orders or grant such relaxation or relief, as he may deem fit and proper. The Director General of Foreign Trade may, in public interest, exempt any person or class or category of persons from any provision of this Policy or any procedure and may, while granting such exemption, impose such conditions as he may deem fit. Such request may be considered only after consulting ALC if the request is in respect of a provision of Chapter-4 (excluding any provision relating to Gem & Jewellery sector) of the Policy/ Procedure. However, any such request in respect of a provision other than Chapter-4 and Gem & Jewellery sector as given above may be considered only after consulting Policy Relaxation Committee.
Principles of Restriction
DGFT may, through a notification, adopt and enforce any measure necessary for:-
Protection of public morals. Protection of human, animal or plant life or health. Protection of patents, trademarks and copyrights and the prevention of deceptive practices. Prevention of prison labor. Protection of national treasures of artistic, historic or archaeological value. Conservation of exhaustible natural resources.
Restricted Goods
Any goods, the export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with a license/ certificate/ permission or a public notice issued in this behalf.
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Every license/certificate/permission shall be valid for the period of validity specified in the license/ certificate/ permission and shall contain such terms and conditions as may be specified by the licensing authority which may include: (a) (b) (c ) (d) (e) The quantity, description and value of the goods; Actual User condition; Export obligation; The value addition to be achieved; and The minimum export price.
No person may claim a license/certificate/ permission as a right and the Director General of Foreign Trade or the licensing authority shall have the power to refuse to grant or renew a license/certificate/permission in accordance with the provisions of the Act and the Rules made thereunder. If a license/certificate/permission holder violates any condition of the license/certificate/ permission or fails to fulfill the export obligation, he shall be liable for action in accordance with the Act, the Rules and Orders made there under, the Policy and any other law for the time being in force.
State Trading
Any goods, the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), may be imported or exported by the State Trading Enterprise(s) as specified in the ITC (HS) Book subject to the conditions specified therein. The Director General of Foreign Trade may, however, grant a license/certificate/permission to any other person to import or export any of these goods. In respect of goods the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), the State Trading Enterprise(s) shall make any such purchases or sales involving imports or exports solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale. These enterprises shall act in a nondiscriminatory manner and shall afford the enterprises of other countries adequate opportunity.
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No export or import shall be made by any person without an Importer-Exporter Code (IEC) number unless specifically exempted. An Importer-Exporter Code (IEC) number shall be granted on application by the competent authority in accordance with the procedure specified in the Handbook (Vol.1). However, if an IEC holder has not imported or exported in the preceding licensing year, such IEC shall be made inoperative by DGFT. The Director General of Foreign Trade may issue, from time to time, such instructions or frame such schemes as may be required to promote trade and strengthen economic ties with neighboring countries. Transit of goods through India from or to countries adjacent to India shall be regulated in accordance with the bilateral treaties between India and those countries.
In the case of trade with Russia under the Debt Repayment Agreement, the Director General of Foreign Trade may issue, from time to time, such instructions or frame such schemes as may be required, and anything contained in this Policy, in so far as it is inconsistent with such instructions or schemes, shall not apply. Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person. However, if such imports require a license/ certificate/permission, the actual user alone may import such goods unless the actual user condition is specifically dispensed with by the licensing authority. All second hand goods shall be restricted for imports and may be imported only in accordance with the provisions of this Policy, ITC (HS), Handbook (Vol.1), Public Notice or a license/certificate/permission issued in this behalf. Bonafide household goods and personal effects may be imported as part of passenger baggage. Samples of such items that are otherwise freely importable under this Policy
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 13
Passenger Baggage
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) may also be imported as part of passenger baggage without a license/certificate/permission. Exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, trimming and embellishments required for export, as part of their passenger baggage without a license/certificate/permission.
New or second hand capital goods, equipments, components, parts and accessories, containers meant for packing of goods for exports, jigs, fixtures, dies and moulds may be imported for export without license/ certificate/ permission on execution of Legal Undertaking/Bank Guarantee with the Customs Authorities provided that the item is freely exportable without any conditionality/ requirement of license/ permission as may be required under ITC (HS) Schedule II. Capital goods, equipments, components, parts and accessories, whether imported or indigenous, may be sent abroad for repairs, testing, and quality improvement or up gradation or standardization of technology and re-imported without a license/certificate/permission.
After completion of the projects abroad, project contractors may import, without a license/ certificate/ permission, used goods including capital goods provided they have been used for at least one year. Sale of goods on high seas for import into India may be made subject to this Policy or any other law for the time being in force. The goods already imported/shipped/arrived, in advance, but not cleared from Customs may also be cleared against the license/ certificate/ permission issued subsequently. Wherever any duty free import is allowed or where otherwise specifically stated, the importer shall execute a Legal Undertaking (LUT)/Bank Guarantee (BG) with the Customs Authority before clearance of goods through the Customs, in the manner as may be prescribed. In case of indigenous sourcing, the license/ certificate/ permission holder shall furnish BG/LUT to the licensing authority before sourcing the material from the indigenous supplier/nominated agency.
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[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) Private/Public bonded warehouses may be set up in the Domestic Tariff Area as per the terms and conditions of notification issued by Department of Revenue. Any person may import goods except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse them in such private/public bonded warehouses. Such goods may be cleared for home consumption in accordance with the provisions of this Policy and against License/certificate/ permission, wherever required. Customs duty as applicable shall be paid at the time of clearance of such goods. If such goods are not cleared for home consumption within a period of one year or such extended period as the custom authorities may permit, the importer of such goods shall reexport the goods.
Free Exports
All goods may be exported without any restriction except to the extent such exports are regulated by ITC (HS) or any other provision of this Policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a public notice such terms and conditions according to which any goods, not included in the ITC (HS), may be exported without a license/ certificate/ permission.
Export of Samples
Export of samples and Free of charge goods shall be governed by the provisions given in Handbook (Vol.1). Bonafide personal baggage may be exported either along with the passenger or, if unaccompanied, within one year before or after the passenger's departure from India. However, items mentioned as Restricted in ITC (HS) shall require a license/certificate/permission, except in the case of edible items.
Export of Gifts
Goods, including edible items, of value not exceeding Rs.1,00,000/- in a licensing year, may be exported as a gift. However, items mentioned as restricted for exports in ITC (HS) shall not be exported as a gift, without a license/certificate/permission, except in the case of edible items.
Export of Spares
Warranty spares, whether indigenous or imported, of plant, equipment, machinery, automobiles or any other goods may be exported along with the main equipment or subsequently
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 15
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) but within the contracted warranty period of such goods subject to approval of RBI.
Third party exports, as defined in paragraph 9.55 shall be allowed under the Policy.
Goods imported, in accordance with this Policy, may be exported in the same or substantially the same form without a license/certificate/permission provided that the item to be imported or exported is not mentioned as restricted for import or export in the ITC (HS). Exports of such goods imported against payment in freely convertible currency would be permitted against payment in freely convertible currency.
Goods, including those mentioned as restricted item for import (except prohibited items) may be imported under Customs Bond for export in freely convertible currency without a license/ certificate/ permission provided that the item is freely exportable without any conditionality/ requirement of license/permission as may be required under ITC (HS) Schedule II.
Goods or parts thereof on being exported and found defective/damaged or otherwise unfit for use may be replaced free of charge by the exporter and such goods shall be allowed clearance by the customs authorities provided that the replacement goods are not mentioned as restricted items for exports in ITC(HS).
Goods or parts thereof on being exported and found defective, damaged or otherwise unfit for use may be imported for repair and subsequent re-export. Such goods shall be allowed clearance without a license/ certificate/ permission and in accordance with customs notification issued in this behalf.
Private bonded warehouse exclusively for exports may be set up in DTA as per the terms and conditions of the
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 16
Exports
notifications issued by Department of Revenue. Such warehouse shall be entitled to procure the goods from domestic manufacturers without payment of duty. The supplies made by the domestic supplier to the notified warehouses shall be treated as physical exports provided the payments for the same are made in free foreign exchange. If an exporter fails to realize the export proceeds within the time specified by the Reserve Bank of India, he shall, without prejudice to any liability or penalty under any law for the time being in force, be liable to action in accordance with the provisions of the Act, the Rules and Orders made thereunder and the provisions of this Policy. Consignments of items meant for exports shall not be withheld /delayed for any reason by any agency of the Central/State Government. In case of any doubt, the authorities concerned may ask for an undertaking from the exporter.
No seizure of Stock
No seizure of stock shall be made by any agency so as to disrupt the manufacturing activity and delivery schedule of export goods. In exceptional cases, the concerned agency may seize the stock on the basis of prima facie evidence. However, such seizure should be lifted within 7 days.
The basic objective of export promotion councils is to promote and develop the exports of the country. Each Council is responsible for the promotion of a particular group of products, projects and services. The list of the councils and their main functions are given in Handbook (Vol.1).
Any person, applying for (i) a license/ certificate/ permission to import/ export, [except items listed as restricted items in ITC(HS)] or (ii) any other benefit or concession under this policy shall be required to furnish Registration-cum-Membership Certificate (RCMC) granted by the competent authority in accordance with the procedure specified in the Handbook (Vol.1) unless specifically exempted under the Policy.
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Concessional 3 % duty EPCG scheme allows import of capital goods for pre production, production and post production (including CKD/SKD thereof as well as computer software systems) at 3 % Customs duty, subject to an export obligation equivalent to 8 times of duty saved on capital goods imported under EPCG scheme, to be fulfilled in 8 years reckoned from Authorization issuedate. In case of agro units, and units in cottage or tiny sector,import of capital goods at 3 % Customs duty shall be allowed subject to fulfillment of export obligation equivalent to 6 times of duty saved on capital goods imported, in 12 years from Authorization issue-date.
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[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) For SSI units, import of capital goods at 3 % Customs duty shall be allowed, subject to fulfillment of export obligation equivalent to 6 times of duty saved on capital goods, in 8 years from Authorization issue-date, provided the landed cif value of such imported capital goods under the scheme does not exceed Rs. 5 0 lakhs and total investment in plant and machinery after such import does not exceed SSI limit. However, in respect of EPCG Authorization with a duty saved amount of Rs. 1 00 crores or more, export obligation shall be fulfilled in 12 years. In case CVD is paid in cash on imports under EPCG,incidence of CVD would not be taken for computation of net duty saved, provided the same is not CENVATed. Capital goods shall include spares (including refurbished /reconditioned spares), tools, jigs, fixtures, dies and moulds. Second hand capital goods, without any restriction on age, may also be imported under EPCG scheme. However, import of motor cars, sports utility vehicles/all purpose vehicles shall be allowed only to hotels, travel agents, tour operators or tour transport operators and companies owning/operating golf resorts, subject to the condition that: (i) total foreign exchange earning from hotel, travel & tourism and golf tourism sectors in current and preceding three licensing years is Rs. 1 .5 crores or more. (ii) duty saved amount on all EPCG Authorizations issued in a licensing year for import of motor cars,sports utility vehicles/ all purpose vehicles shall not exceed 5 0% of average foreign exchange earnings from hotel, travel & tourism and golf tourism sectors in preceding three licensing years. (iii) vehicles imported shall be so registered that the vehicle is used for tourist purpose only. A copy of the Registration certificate should be submitted to concerned RA as a confirmation of import of vehicle. However, parts of motor cars, sports utility vehicles/ all purpose vehicles such as chassis etc. cannot be imported under the EPCG Scheme. Import of Restricted items of imports mentioned under
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 19
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) ITC(HS) shall only be allowed under EPCG Scheme after approval from EFC at Headquarters. Spares (including refurbished/reconditioned spares) ,moulds, dies, jigs, fixtures, tools, refractory for initial lining and catalyst for initial charge; for existing plant and machinery (imported earlier, under EPCG or otherwise),shall be allowed to be imported under the EPCG scheme subject to an export obligation equivalent to 5 0% of the normal export obligation prescribed in para 5 .1 and 5 .2 above (for import of capital goods), to be fulfilled in 8 years (6 years for zero duty EPCG scheme), reckoned from Authorization issue date. This would however be subject to the condition that the c.i.f. value of import of the above spares etc. will be limited to 1 0% of the value of plant and machinery imported under the EPCG scheme. In case of plant and machinery not imported under the EPCG scheme, c.i.f. value of import of the spares etc. will be limited to 1 0% of the book value of the plant and machinery.
An EPCG Authorization can also be issued for import of capital goods under Scheme for project Imports notified by the Central Board of Excise and Customs under S.No.441 of Customs Exemption Notification No. 21/2002 dated 01.03.2002
Export obligation for such EPCG Authorizations would be eight times (6 times for zero duty EPCG scheme) of duty saved. Duty saved would be difference between the effective duty under aforesaid Customs Notification and concessional duty under the EPCG Scheme.
To create modern infrastructure in retail sector, concessional duty benefits under EPCG scheme shall be extended for import of capital goods required by retailers having minimum area of 1 000 sq. meters. Such retailer shall fulfill export obligation i.e. 8 times of duty saved, in 8 years. EPCG scheme covers manufacturer exporters with or without supporting manufacturer(s)/ vendor(s), merchant exporters tied to supporting manufacturer(s) and service providers. Export Promotion Capital Goods (EPCG) Scheme also covers a service provider who is designated /certified as a Common Service Provider (CSP) by the DGFT,
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 20
Eligibility
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) Department of Commerce or State Industrial Infrastructural Corporation in a Town of Export Excellence subject to provisions of Foreign Trade Policy/Handbook of Procedures with the following conditions:(i) EPCG licence to be given to the CSP should have a clear endorsement giving the details of the users and the quantum of Export Obligation (EO) which each user would fulfill; (ii) Such exports will not count towards fulfillment of other specific export obligations ; and (iii) Each one of the users of the CSP apart from the CSP should furnish 1 00% bank Guarantee (BG) equivalent to their portion of duty foregone apportioned in terms of quantum of EO to be discharged by them and the B.G. will be enforced in the event of the obligation not being fulfilled. Import of capital goods shall be subject to Actual User condition till export obligation is completed.
(i) Export Obligation shall be fulfilled by export of goods manufactured/services rendered by the applicant.
Export obligation
Export obligation under the scheme shall be, over and above, the average level of exports achieved by him in the preceding three licensing years for the same and similar products within the overall export obligation period including extended period, if any; except for categories mentioned in paragraph 5 .7.6 of HBP v1. Such average would be the arithmetic mean of export performance in the last three years for the same and similar products provided that Premier Trading House (PTH) shall have option of fixing average level of exports based on arithmetic mean of export performance in the last five years instead of three years. Upto 50% Export Obligation may also be fulfilled by exports of other good(s) manufactured or service(s) provided by the same firm / company, or group company / managed hotel, which has the EPCG authorization.
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 21
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) However, EPCG authorization issued prior to 1 .4.2008 will be governed by earlier policy provisions. However, in such cases, additional export obligation imposed shall be over and above average exports achieved by the unit / company / group company /managed hotel in preceding three years for both the original and the substitute product(s) / service(s), despite exemptions in Para 5.7.6 of HBP v1. (ii) Shipments under Advance Authorization, DFRC,DFIA, DEPB or Drawback scheme, or incentive schemes under Chapter 3 of FTP; would also count for fulfillment of EPCG export obligation. (iii) Export obligation can also be fulfilled by the supply ITA-I items to DTA, provided realization is in free foreign exchange. (iv) Exports shall be physical exports. However, deemed exports as specified in paragraph 8.2 (a), (b), (d) (f), (g) & (j) of FTP shall also be counted towards fulfillment of export obligation, alongwith usual benefits available under paragraph 8.3 of FTP. Royalty payments received in freely convertible currency and foreign exchange received for R&D services shall also be counted for discharge under EPCG. Payment received in rupee terms for port handling services, in terms of Chapter 9 of FTP shall also be counted for export obligation discharge.
Any firm/ company registered with BIFR or any firm/ company acquiring a unit, which is under BIFR, may be allowed EO extension, as per rehabilitation package prepared by operating agency and approved by BIFR/Rehabilitation Department of State Government, upto 12 years if not specified. Above provisions apply also to SSI units as per rehabilitation scheme of concerned State government. LUT/Bond or 15 % BG ( as applicable) may be given for EPCG Authorization granted to units in Agri Export Zones provided EPCG Authorization is taken for export of primary agricultural product(s) notified in Appendix 8 or their value added variants.
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A person holding an EPCG Authorization may source capital goods from a domestic manufacturer. Such domestic manufacturer shall be eligible for deemed export benefit under paragraph 8.3 of FTP. Such domestic sourcing shall also be permitted from EOUs and these supplies shall be counted for purpose of fulfillment of positive NFE by said EOU as provided in Para 6.9 (a) of FTP.
In case of direct imports, export obligation shall be reckoned with reference to actual duty saved amount. In case of domestic sourcing, export obligation shall be reckoned with reference to notional Customs duties saved on FOR value. EPCG Authorization holders can opt for Technological Upgradation of existing capital good imported under EPCG Authorization. Conditions governing Technological Up-gradation of existing capital goods are as under: (i) Minimum time period for applying for Technological Up-gradation of existing capital goods imported under EPCG is 5 years from Authorization issuedate. (ii) Minimum exports made under old capital goods must be 4 0% of total export obligation imposed on first EPCG Authorization. (iii) Export obligation would be re-fixed such that total export obligation mandated for both capital goods would be sum total of 6 times of duty saved on both the capital goods, to be fulfilled in 8 years from new authorization issue-date. (iv) Facility for technological up-gradation shall be available only once and the minimum imports to be made shall be at least 1 0% of the existing investment in plant and machinery by applicant. (v) Capital Goods to be imported must be new and technologically superior to earlier CG.
To incentivize fast track companies with a view to accelerate exports, in cases where Authorization holder has fulfilled 75% or more of specific export obligation and 1 00% of Average Export Obligation till date, if any,
BY: MILAN C. PADARIYA CMS- GANPAT UNIVERSITY 23
[EXPORT-IMPORT POLICY OF INDIA 2009-2014] MBA (PHARMACEUTICAL) in half or less than half the original export obligation period specified , remaining export obligation shall be condoned and the Authorization redeemed .
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