Foreign Trade Procedures 2008-2009 - Directorate General of ...

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Net Foreign Exchange 6.10.1 EOU / EHTP / STP / BTP unit shall be a positive net foreign(NFE) Earningsexchange earner. Net Foreign Exchange (NFE) Earnings shall becalculated cumulatively for a block of five years fromcommencement of production according to formula given below.Items of manufacture for export specified in Letter of Permission(LoP) / Letter of Intent (LoI) alone shall be taken into accountforcalculation of NFE.Positive NFE = A – B> 0Where‘NFE’ is Net Foreign Exchange;‘A’ is FOB value of exports by EOU/EHTP/STP/BTP unit;‘B’is sum total of CIF value of all imported inputs and CIF valueof all imported capital goods, and value of all payments made inforeign exchange by way of commission, royalty, fees, dividends,interest on external borrowings / high sea sales during first fiveyear period or any other charges. It will also include paymentmade in Indian Rupees on high sea sales. “Inputs” mean rawmaterials, intermediates, components, consumables, parts andpacking materials.6.10.2 If any goods are obtained from another EOU / EHTP / STP /SEZ / BTP unit, or procured from an international exhibition heldin India, or bonded warehouses or precious metals procured fromnominated agencies, value of such goods shall be includedunder ‘B’.6.10.3 If any capital goods are imported duty free or leased from a leasingcompany, received free of cost and / or on loan basis or transfer,CIF value of capital goods shall be included pro-rata, under ‘B’for period it remains with units.6.10.4 For annual calculation of NFE, value of imported capital goodsand lumpsum payment of foreign technical know-how fee shall beamortized as under:1st – 10th year 10%.Provided that above amortization rates would be applicable onlyif an undertaking is given by an unit that it will not exit to DTA inthe first 10 years. For existing units, proportionate Customs andexcise duty must be paid where NFE is less than depreciationalready claimed, before exit.Maintenance of accounts 6.11.1 EOU / EHTP / STP / BTP unit shall maintain proper account, andshall file digitally signed quarterly and annual report as prescribed108
in Annexure to Appendix 14-I-F to DC / Designated Officer inDoIT / DoBT and Customs and Central Excise authorities.6.11.2 Unit shall be able to account for entire quantity of each categoryof homogenous goods imported / procured duty free, by way ofexports, sales / supplies in DTA or transfer to other SEZ / EOU /EHTP / STP / BTP units and balance in stock. However, at nopoint of time, units shall be required to correlate every importconsignment with its exports, transfer to other SEZ / EOU /EHTP / STP / BTP units, sales in DTA and balance in stock. Anymatter for clarification as to whether goods are homogenous ornot shall be decided by Units Approval Committee.Monitoring of NFE 6.12.1 Performance of EOUs shall be monitored by Units ApprovalCommittee as per guidelines given in Appendix 14-I-G.Performance of EHTP / STP / BTP shall be monitored by DoIT /DoBT jointly with jurisdictional Central Excise / Customsauthority.6.12.2 Failure to ensure positive NFE or to abide by any of terms andconditions of LoP / LoI / IL / LUT shall render unit liable to penalaction under provisions of FT (D&R) Act, 1992 and Rules andOrders made there under, without prejudice to action under anyother law / rules and cancellation or revocation of LoP / LoI / IL.Conversion of Scrap / 6.13 Scrap / dust / sweeping of gold / silver / platinum may be sent todust / sweeping of Gold / Government of India Mint / Private Mint from EOU / EHTP /silver / platinum intoSTP units and returned to them in standard bars in accordancestandard Barswith procedure prescribed by Customs authorities, or may bepermitted to be sold in DTA on payment of applicable customsduty, on basis of gold / silver / platinum content, as may be notifiedby Customs authorities.DTA supplies 6.14 Notwithstanding provision of DTA sales in Para 6.8 of FTP, suchDTA sales shall not affect application, to any goods, of any otherprohibition or regulation affecting import thereof in force at thetime, when such goods are imported. This also does not conferany immunity, exemption or relaxation at any time from anycommitment or compliance with any requirements to whichimporter may be subject to under other laws or regulations.Supplies to other 6.15 Supplies to other EOU / SEZ / EHTP / STP / BTP units shall beEOU/EHTP/STP/counted towards NFE provided that such goods are permissibleSEZ/BTP unitsfor procurement by these units.Transfer of Power 6.16 Transfer of power from Captive Power plants (DG Sets) fromfrom one unit to anotherone unit of EOU / EHTP / STP / BTP to another is permitted asprescribed in sector specific condition in Appendix 14-I-C.109
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Handbook of Procedures (Vol. I)1 st
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CONTENTSCHAPTER SUBJECT Page1 INTRO
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EDIElectronic Data InterchangeEEFCE
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CHAPTER-1INTRODUCTIONNotification 1
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(iv)Persons importing / exporting g
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Duplicate Copy of 2.9.3 Where an IE
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2.12.2 Validity of an import Author
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subject to condition that they obta
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countries on a limited number of pr
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Payment through 2.25.1 Payment thro
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2.32.2 Import of following types of
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2.32.4 Import policy for seconds an
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2.35.3 Import entitlement under par
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concerned. Following information al
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user, and on potential of item or t
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Note 6: ‘Technology’ (see also
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2.59.1 One of salient features inco
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Since import of maize (corn) is thr
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Appendix-19B. In case an exporter d
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CHAPTER-3PROMOTIONAL MEASURESStatus
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(g)Service provider shall within on
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of exports shall be determined in t
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3.21.2 Deleted.Eligibility of Focus
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Further for products, markets notif
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4.4.5 Deletedto Drug Controller, Ni
Page 58 and 59: unutilised inputs as per norms fixe
Page 60 and 61: Description of an 4.11 An Advance A
Page 62 and 63: 4.15.2 Authorisation shall be inval
Page 64 and 65: LCSSEZRanaghat , Singhabad , Raxaul
Page 66 and 67: Export Obligation 4.22 Fulfillment
Page 68 and 69: (iii)(iv)Within eligible entitlemen
Page 70 and 71: to deposit an amount equal to 1% of
Page 72 and 73: However, in case of submission of r
Page 74 and 75: Time Period 4.46 Application for ob
Page 76 and 77: c) An affidavit by exporter about l
Page 78 and 79: Monitoring of 4.67 Provision of par
Page 80 and 81: Value Addition 4A.2.1 Under scheme
Page 82 and 83: (c)Foreign Exchange Encashment Cert
Page 84 and 85: 4A.15.24A.15.3Goods shall be cleare
Page 86 and 87: 60 days of close of exhibition. How
Page 88 and 89: ate that he may have booked with bu
Page 90 and 91: Replenishment 4A.28 A Replenishment
Page 93 and 94: CHAPTER-5EXPORT PROMOTION CAPITAL G
Page 95 and 96: 5.7.1 EPCG authorisation holder sha
Page 97 and 98: 5.8.5 Deleted5.8.6 Deleted.Authoris
Page 99 and 100: Redemption 5.13 As evidence of fulf
Page 101 and 102: (c)For all EPCG authorizations, aut
Page 103 and 104: CHAPTER-6EXPORT ORIENTED UNITS (EOU
Page 105 and 106: 6.5.3 Exporter shall have flexibili
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Page 111 and 112: (including commercial training), su
Page 113 and 114: (b)(c)(d)In case of re-import, such
Page 115 and 116: Samples 6.29.1 EOU / EHTP / STP / B
Page 117 and 118: (1) Conversion of sick / closed DTA
Page 119 and 120: Depreciation norms 6.36.3 For capit
Page 121 and 122: S. No Category of Application Time
Page 123 and 124: CHAPTER - 7SPECIAL ECONOMIC ZONESPo
Page 125 and 126: CHAPTER - 8DEEMED EXPORTSPolicy 8.1
Page 127 and 128: Procedure for claiming 8.4 In respe
Page 129 and 130: CHAPTER - 9MISCELLANEOUS MATTERSCha
Page 131 and 132: application is complete and admitte
Page 133 and 134: (iii) From land-locked Date of disp
Page 135 and 136: APPENDICESAPPENDICES ARE AN INTEGRA
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