| Status Certificates |
3.1 |
Policy for status holder is given in Chapter 3 of FTP. |
| Application for Grant of Status
|
3.2 |
Application for grant of status shall be filed by 31st March, in ANF 3A. An existing status holder shall be automatically treated
Certificate to be an equivalent status holder as given in Para 3.2 of FTP(RE2007). |
| |
3.2.1 |
Application shall be filed with jurisdictional RA / Development
Commissioner (DC). However, in cases where export
performance of EOUs / SEZs is clubbed together with company
or firm / Group Company in DTA, the same will be considered by
jurisdictional RA only. |
| 3.2.2 |
All newly issued Status certificates shall be valid from 1st April of
the year during which application for recognition was filed. For
renewals, application filed before expiry of current validity,
renewals shall have a validity commencing from 1st April of next
licensing year; otherwise validity period shall be 1st April of year
during which application was filed.
All Status Certificates shall be valid for a period of 5 years reckoned
from the 1st April of the relevant year. All Status Certificates valid
beyond 31.3.2009 shall continue to remain in force, in case
provisions of Foreign Trade Policy (2009-14) continue to recognize
the status.
Pending the finalization of the applications for grant of recognition,
existing status holders who have applied for recognition before
the expiry of their status, shall have a grace period of 6 months.
During this grace period of 6 months such status holders shall
continue to be recognized as Status holders even after the expiry
of earlier Status Certificate i.e. till September, end, unless their
applications are finally rejected or recognition granted once again
as the case may be. |
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3.2.3 to
3.2.5 |
Deleted |
| Maintenance of Accounts |
3.3 |
Status holder shall maintain true and proper accounts of its exports and imports based on which such recognition has been granted.
Record shall also be maintained during validity period and for a
minimum period of three years thereafter. These accounts shall be
made available for inspection to RA concerned or any authority
nominated by DGFT. |
| Refusal / Suspension /Cancellation of
Certificate |
3.4 |
Status certificate may be refused or suspended or
cancelled by RA concerned, if status holder or any agent or
employee or authorized representative acting on his behalf:
(a) Fails to discharge export obligation imposed;
(b) Tampers with Authorisations;
(c) Misrepresents or has been a party to any corrupt or fraudulent practice in
obtaining any Authorisation;
(d) Commits a breach of FT (D& R) Act, or Rules, Orders made there under and
FTP; or
(e) Fails to furnish information required by this Directorate |
| |
3.4.1 |
A reasonable opportunity shall be given to status holder before taking any
action under above paragraph. |
| Appeal |
3.5 |
An applicant, who is not satisfied with decision taken to suspend
or cancel status certificate, may file an appeal to DGFT within 45
days. Decision of DGFT shall be final thereon. |
| |
3.6 to
3.12 |
Deleted |
| 3.12.1 |
Deleted |
| 3.12.1.1 |
Deleted |
| 3.12.2 to
3.12.4 |
Deleted |
| 3.13 to
3.17 |
Deleted |
| 3.17.1 to
3.17.7 |
Deleted |
| 3.18 |
SERVED FROM INDIA SCHEME (SFIS) |
| (a) |
Policy for SFIS is given in Chapter 3 of FTP. |
| (b) |
A single consolidated application for Duty Credit scrip shall be filed with
jurisdictional RA in ANF 3B along with documents prescribed therein. |
| (c) to (f) |
Deleted |
| (g) |
Service provider shall within one month of completion of
imports made or expiry of validity of Duty Credit scrip whichever is earlier,
submit a statement of imports made under it to jurisdictional RA with a copy to
jurisdictional Excise authorities (service tax cell) wherever applicable. |
| |
(h) & (i) |
Deleted |
| Ineligible Remittances and Services
|
3.18.1 |
Foreign exchange remittances other than those that
are earned for rendering of services would not be counted for entitlement.Thus, other sources of foreign exchange earnings such as equity or
debt
participation, donations, receipts of repayment of loans etc. and any other
inflow of foreign exchange, unrelated to rendering of service, would be
ineligible.For calculation of entitlement, following shall not be taken into
account. |
| |
|
(a) Foreign Exchange remittances:
I. related to Financial Services Sector
1. Raising of all types of foreign currency Loans;
2. Export proceeds realization of clients;
3. Issuance of Foreign Equity through ADRs / GDRs or other similar instruments;
4. Issuance of foreign currency Bonds;
5. Sale of securities and other financial instruments;
6. Other receivables not connected with services rendered by financial
institutions; and |
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II. earned through contract/regular employment abroad
(e.g. labour remittances); |
|
(b) Payments for services received from EEFC Account; |
|
(c) Foreign exchange turnover by Healthcare Institutions like equity
participation, donations etc. (However, remittances received on account of
medical treatment, surgery, testing, consultancy and health care provided by the
institution shall be eligible.); |
| |
(d) Foreign exchange turnover by Educational Institutions like equity
participation, donations etc. (However remittances received on account of the
course fees and consultancy provided by the institution shall be eligible.); |
| |
(e) Export turnover relating to services of units operating under
SEZ / EOU / EHTP / STPI / BTP Schemes or supplies of services made to such
units; |
| |
(f) Clubbing of turnover of services rendered by SEZ / EOU/ EHTP / STPI / BTP units with turnover of DTA Service
Providers; and |
| |
(g) Exports of Goods. |
| 3.18.2 |
Deleted |
| 3.19 |
VISHESH KRISHI AND GRAM UDYOG YOJANA
(VKGUY) |
| 3.19.1 |
Policy pertaining to VKGUY is given in Chapter 3 of FTP. Appendix 37A
contains the list of VKGUY items.Application for grant of Duty Credit scrip
under VKGUY for export made from
1.4.2008 onwards shall be made to RA concerned in ANF 3C
along with documents prescribed therein. |
| |
Applicant may file one or more applications subject to condition that each
application shall contain not more than 50 shipping bills. All shipping bills in
any one application must relate to exports made from one Customs House only,
which shall be the port of registration for Duty Credit Scrip. For exporter with
more than
50 shipping bills in one year, multiple applications can be filed and
supplementary cut (para 9.4 of HBPv1) shall not be applicable. |
| 3.19.2 |
Deleted |
| 3.19.3 |
Deleted. |
| 3.19.4 to 3.19.9 |
Deleted |
| 3.19.10 |
Policy pertaining to the VKGUY benefits under Para 3.8.6 is given |
|
in Para 3.8.6 of Chapter 3 of FTP (RE2008), as amended. All Status Holders may
apply for grant of Duty Credit scrip for export made during 2007-08 to RA, CLA,
New Delhi in ‘ANF 3G - ANF for Para 3.8.6’ along with documents prescribed
therein. |
| |
Applicants may file one application before the last date prescribed for each
half year period (Apr-Sep / Oct-Mar). Applications for exports during Apr-Sept
2008 shall be filed from 15.1.2009 till |
|
15.2.2009 and for exports during Oct-Mar 2009 applications shall be filed from
1.5.2009 till 31.5.2009. |
| |
Applications received after the last date shall be summarily rejected, as Para
9.2 and Para 9.3 shall not be applicable. Date
of exports shall be determined in terms of Para 9.12. Application
fee shall be the same as it is for VKGUY benefits under
Para 3.8.2.
The allocation of duty credit scrips by RA, CLA, New Delhi, under Para 3.8.6 of
FTP (RE2008), shall be done proportionate
to the eligible claims of individual applications, vis-à-vis the total eligible
claims of all the status holders put together, received for each half year
(Apr-Sep 2008 / Oct-Mar 2009) period, in such a way that the total benefits
granted for all status holders put together does not exceed the limit prescribed
for each half year in Para
3.8.6 of FTP (RE2008). Accordingly if the total eligible claim of all the status
holders put together is, say, Rs 200 Cr, each applicant status holder would be
granted one-fourth of the claim an applicant
is eligible for. |
|
FOCUS MARKET SCHEME (FMS) |
| 3.20 |
Policy pertaining to FMS is given in Chapter 3 of FTP. Notified
Markets are listed in Appendix 37C. |
| 3.20.1 |
An application for exports made during 2006-07, 2007-08 and
2008-09 shall be filed separately, with RA concerned in ANF 3D along with
documents prescribed therein. Applicant may file one or more applications
subject to condition that each application shall contain not more than 50
shipping bills. For exporter with more than 50 shipping bills in one year,
multiple applications can be filed and supplementary cut (Para 9.4 of HBP v1)
shall not be applicable. |
|
Shipments from EDI Ports and Non-EDI Ports cannot be clubbed
in one application. Port of registration for EDI enabled ports shall be any one
EDI port of exports, as per the choice of the applicant. In case of exports
through non-EDI port, the port of registration shall be the relevant non EDI
port of exports. Accordingly separate application shall be filed for each non
EDI port. |
|
Eligibility of Focus Market (as in Appendix 37C) shall be determined from date
of export as per Para 9.12 of HBP v1. However, exports for which realizations
have already been received till 17.1.2008, the last date of filing application
shall be
30.7.2008. |
|
3.20.2 |
Deleted. |
| 3.20.3 |
Applicant shall be required to submit proof of landing of export
consignment in specified market. Duty Credit scrip shall be granted on FOB value
realized as per BRC / FIRC. |
|
Any one of the following documents should suffice, as a proof of
landing of export consignment in specified Focus Market: |
|
i. A self attested copy of import bill of entry filed by importer in specified
market, or |
|
ii. Delivery order issued by port authorities, or iii. Arrival notice issued by
goods carrier, or |
|
iv. Tracking report from the goods carrier duly certified by them, evidencing
arrival of export cargo to destination Focus Market, or |
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v. Lorry receipts of transportation of goods from Port into the Focus Market, or |
|
vi. For Land locked Focus Market, Lorry receipts of transportation of goods from
Port to Land locked Focus Market, or |
|
vii. Any other documents that may satisfactorily prove to RA concerned that
goods have landed in / reached the Focus Market. |
| 3.20.4 to
3.20.8 |
Deleted |
|
FOCUS PRODUCT SCHEME (FPS) |
| 3.21 |
Policy pertaining to FPS is given in Chapter 3 of FTP. Notified
Products are listed in Appendix 37D. |
| 3.21.1 |
An application for exports made during 2006-07, 2007-08 and 2008-09
shall be filed separately, with RA concerned in ANF 3E along with
documents prescribed therein. Applicant may file one or more
applications subject to condition that each application shall contain
not more than 50 shipping bills. For exporter with more than 50 shipping
bills in one year, multiple applications can be filed and supplementary
cut (Para 9.4 of HBP v1) shall not be applicable. |
|
Shipments from EDI Ports and Non-EDI Ports cannot be clubbed
in one application. Port of registration for EDI enabled ports shall be any one
EDI port of exports, as per the choice of the applicant. In case of exports
through non-EDI port, the port of registration shall be the relevant non EDI
port of exports. Accordingly separate application shall be filed for each non
EDI port. |
|
Eligibility of Focus Product (as in Appendix 37D) shall be
determined from date of export as per Para 9.12 of HBP v1. However, exports for
which realizations have already been received till 17.1.2008, the last date of
filing application shall be
30.7.2008. |
| 3.21.2 |
Deleted. |
| 3.21.3 |
Duty Credit scrip shall be granted on FOB value realized as per
BRC / FIRC. |
| 3.21.4 to
3.21.8 |
Deleted |
| 3.21.9 |
For Market linked Focus Product, the procedure will be notified
separately |
| 3.22 |
HIGH-TECH PRODUCTS EXPORT PROMOTION SCHEME (HTPEPS) |
| 3.22.1 |
Policy pertaining to HTPEPS is given in Chapter 3 of FTP. Notified High
Tech Products are listed in Appendix 37E. |
| 3.22.2 |
In case the applicant wishes to avail the option given in Para 3.11.2
(a), the Procedure prescribed for claiming Focus Product Scheme benefits shall
apply. For others, application for obtaining Duty Credit scrip for incremental
growth in exports during current licensing year 2008-09 shall be filed in ANF 3F
within a period of twelve months after expiry of current licensing year.
Application filed in ANF 3F, shipments from EDI Ports and Non-EDI Ports can be
clubbed in one application and the port of registration shall be any one of the
ports of exports, as per the choice of the applicant. |
| 3.23 |
COMMON PROCEDURAL FEATURES FOR PROMOTIONAL SCHEMES, APPLICABLE TO ALL
|
SCHEMES IN THIS CHAPTER, UNLESS SPECIFICALLY PROVIDED FOR:
| Jurisdictional RA/RA Concerned |
3.23.1 |
Applicant shall have option to choose Jurisdictional
RA on basis of Corporate Office, Registered Office, Branch Office
address endorsed on IEC. However, once opted, no change would be
allowed. |
|
3.23.2 |
Provisions contained in Chapter 2, 9 of this HBP shall apply to all
Promotional Schemes. |
| Port of Registration |
3.23.3 |
Duty Credit scrip (including splits) shall be issued
with a single port of registration as per choice of applicant. After
issue of Duty Credit Scrip, but before registration with Customs, the Applicant
can change the port of registration from RA concerned. (The Second sentence
added by
DGFT Public Notice No. 47(RE-2008)/2004-2009, dated
08-07-2008). Before
registration, authorities shall verify genuineness of Duty Credit scrip, from RA
concerned, until EDI system of message exchange is put in place. |
|
|
However, applicant may use Duty Credit scrip for imports from
any other port (that includes ICD/LCS) after obtaining TRA from
authorities at port of registration.The above procedure shall be
applicable only in respect of EDI enabled ports. In case of exports
through non-EDI ports, the port of registration shall be the port of
exports. |
| Facility for Split Scripts |
3.23.4 |
Split certificates of Duty Credit scrip subject to a minimum of Rs
5 lakh each and multiples thereof may also be issued, on request
at the time of application with different port of registration. A fee
of Rs 1000/- each shall be paid for each split certificate. After
issue, request of splits shall be permitted with same port of
registration as appearing on the original scrip. |
|
|
The above procedure shall be applicable only in respect of EDI
enabled ports. In case of exports through non-EDI ports, the
facility of splits shall not be allowed, after issue of scrip.
Import from private / 3.23.5 Entitlement can be used for import from private /
public bonded
public bonded warehouses subject to fulfillment of paragraph 2.28 of FTP and
warehouses terms and conditions of DoR notification. |
| Re-export of defective/unfit goods |
3.23.6 |
Goods imported which are found defective or unfit for use, may be re-exported, as per DoR guidelines. Where Duty Credit scrip
has been used for imports, Customs shall issue a certificate
containing particulars of scrip used, date of import of re-exported
goods and amount debited while importing such goods. Based on
this certificate, upon application, a fresh Scrip shall be issued by
concerned RA to extent of 98% of debited amount, with same
port of registration and valid for a period equivalent to balance
period available on date of import of the defective / unfit goods.
Validity Period & 3.23.7 Duty Credit scrip shall be valid for a period of 24
months.
Revalidation Revalidation of Duty Credit scrip shall not be allowed. |
| Declaration of Intent |
3.23.8 |
For export shipments filed under Free Shipping Bill category, for
on Free Shipping Bills exports after 31.5.2008 of products / markets eligible
under
Chapter 3 of FTP (Appendix 37A, 37C, 37D, 37E), the exporter
shall state the intention to claim benefits under chapter 3 of FTP
by declaring on the Free Shipping Bills as under:
‘I/We, hereby, declare that I/We shall claim the benefits, as
admissible, under Chapter 3 of FTP’.
This declaration shall not be required for export shipments under
any of the schemes of Chapter 4 (including drawback) or Chapter
5 of FTP. |
|
|
Further for products, markets notified during the year, this
declaration shall be necessary for exports under Free Shipping Bills, only after
a grace period of two months from the date of relevant public notice. |
|
|
Moreover for exports made prior to date of notification of products/ markets,
such a declaration will not be required, since export shipments under Free
Shipping Bills have already taken place. |
Utilization of Duty Credit
Scrips under Chapter 3 for
payment duty under
EPCG Scheme |
3.23.9 |
From 1.1.2009, the duty credit scrips issued under Chapter 3 of FTP can also be utilized for payment of duty
against imports under EPCG Scheme. |
|
|
Last date of filing of 3.23.10 Application for obtaining Duty Credit scrip shall
be filed within a application for Duty period of twelve months from date of
exports or within six months Credit Scrips, except from date of realization, or
within three months from date of printing Para 3.8.6 / release of shipping bill,
whichever is later, in respect of shipments
for which claim is being filed. For SFIS, last date shall be 31st
December. |