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

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user, and on potential of item or technology, includingtiming of its export, to contribute to end-uses thatare not in conformity with India’s national securityor foreign policy goals and objectives, objectivesof global non-proliferation, or its obligations undertreaties to which it is a State party.b. Assessed risk that exported items will fall into handsof terrorists, terrorist groups, and non-State actors;c. Export control measures instituted by recipient State;d. The capabilities and objectives of programmes ofrecipient State relating to weapons and their delivery;e. Assessment of end-uses of item(s);f. Applicability to an export licence application ofrelevant bilateral or multilateral agreements to whichIndia is a party.II.A condition for consideration of an application for anexport licence is submission of stipulated certifications toeffect, inter alia, that:a. The item will be used only for stated purpose andthat such use will not be changed, nor items modifiedor replicated without consent of Government ofIndia;b. Neither the items nor replicas nor derivatives thereofwill be re-transferred without consent ofGovernment of India;c. End-user shall facilitate such verifications as arerequired by Government of India.Government ofIndia may also require additional formal assurances,as appropriate, including on end-use and nonretransfer,from State of recipient.III. Licensing authority for items in Category 0 in Appendix 3to Schedule 2 of ITC(HS) is Department of Atomic Energy.Applicable guidelines are notified by that Department underAtomic Energy Act, 1962. For certain items in Category0, formal assurances from recipient State will include nonusein any nuclear explosive device. Licences for exportof certain items in Category 0 will not be granted unlesstransfer is additionally under adequate physical protectionand is covered by appropriate International Atomic EnergyAgency (IAEA) safeguards, or any other mutually agreedcontrols on transferred items.34
IV.Additional end-use conditions may be stipulated in licencesfor export of items or technology that bear possibility ofdiversion to or use in development or manufacture of, oruse as, systems capable of delivery of weapons of massdestruction.V. Applications for transfer of “Technology” for any item onthe List will be considered as an application for export ofitem itself.VI.VII.Licences for export of items in this List (other than thoseunder Category 0, 1 and 2) solely for purposes of displayor exhibition shall not require any end-use or end-usercertifications. No export licence for display or exhibitionshall be issued for ‘Technology’ in any category or foritems under Categories 0, 1, and 2.Export of items not on SCOMET List may also beregulated under provisions of the Weapons of MassDestruction and their Delivery Systems (Prohibition ofUnlawful Activities) Act, 2005.Note 1: Export or attempt to export in violation of any ofconditions of licence shall invite civil and/or criminalprosecution.Note 2: Licences for export of items in this List for displayor exhibition abroad are subject to a condition of re-importwithin a period not exceeding six months. Exporters areentitled to apply for an export licence for such itemsexhibited abroad if exhibitor intends to offer that item forsale during exhibition abroad. Such sale shall not take placewithout a valid licence.Note 3: Export of items in Category 2 of this list may alsobe controlled by other applicable guidelines issued fromtime-to-time. Exporters of items in this category are advisedto seek guidance from DGFT.Note 4: Exporters are entitled to apply for a ‘destinationlicence’ for countries and / or groupings of countries forexport to which only re-transfer conditions need beimposed.Note 5: Exporters are entitled to request that only suchconditions need be imposed as are subject of governmentto-governmentinstruments of accord over export of itemson SCOMET List.35
Page 1: Handbook of Procedures (Vol. I)1 st
Page 5: CONTENTSCHAPTER SUBJECT Page1 INTRO
Page 8 and 9: EDIElectronic Data InterchangeEEFCE
Page 11: CHAPTER-1INTRODUCTIONNotification 1
Page 14 and 15: (iv)Persons importing / exporting g
Page 16 and 17: Duplicate Copy of 2.9.3 Where an IE
Page 18 and 19: 2.12.2 Validity of an import Author
Page 20 and 21: subject to condition that they obta
Page 22 and 23: countries on a limited number of pr
Page 24 and 25: Payment through 2.25.1 Payment thro
Page 26 and 27: 2.32.2 Import of following types of
Page 28 and 29: 2.32.4 Import policy for seconds an
Page 30 and 31: 2.35.3 Import entitlement under par
Page 32 and 33: concerned. Following information al
Page 36 and 37: Note 6: ‘Technology’ (see also
Page 38 and 39: 2.59.1 One of salient features inco
Page 40 and 41: Since import of maize (corn) is thr
Page 42 and 43: Appendix-19B. In case an exporter d
Page 45 and 46: CHAPTER-3PROMOTIONAL MEASURESStatus
Page 47 and 48: (g)Service provider shall within on
Page 49 and 50: of exports shall be determined in t
Page 51 and 52: 3.21.2 Deleted.Eligibility of Focus
Page 53: Further for products, markets notif
Page 56 and 57: 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
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4A.15.24A.15.3Goods shall be cleare
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60 days of close of exhibition. How
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ate that he may have booked with bu
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Replenishment 4A.28 A Replenishment
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CHAPTER-5EXPORT PROMOTION CAPITAL G
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5.7.1 EPCG authorisation holder sha
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5.8.5 Deleted5.8.6 Deleted.Authoris
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Redemption 5.13 As evidence of fulf
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(c)For all EPCG authorizations, aut
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CHAPTER-6EXPORT ORIENTED UNITS (EOU
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6.5.3 Exporter shall have flexibili
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(d)(e)Goods already imported / ship
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in Annexure to Appendix 14-I-F to D
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(including commercial training), su
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(b)(c)(d)In case of re-import, such
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Samples 6.29.1 EOU / EHTP / STP / B
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(1) Conversion of sick / closed DTA
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Depreciation norms 6.36.3 For capit
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S. No Category of Application Time
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CHAPTER - 7SPECIAL ECONOMIC ZONESPo
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CHAPTER - 8DEEMED EXPORTSPolicy 8.1
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Procedure for claiming 8.4 In respe
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CHAPTER - 9MISCELLANEOUS MATTERSCha
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application is complete and admitte
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(iii) From land-locked Date of disp
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APPENDICESAPPENDICES ARE AN INTEGRA
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