Foreign Trade Policy February 2013. Foreign Trade Policy, 2009-14 NCA 2 Legal Framework General...

Foreign Trade Policy

February 2013

Foreign Trade Policy, 2009-14

NCA 2

Legal Framework

General Provisions regarding Import and Export

Special Focus Initiatives

Promotional Measures

Duty Exemption / Remission Schemes

Export Promotion Capital Goods Scheme

Export Oriented Units (EOUs) etc

Special Economic Zones

Deemed Exports

Legal Framework

NCA 3

The Foreign Trade Policy (FTP) 2009-14 operates with effect from 27th August 2009 till 31st March 2014

An annual supplement is issued and forms part of the FTP The Central Government can make any amendment in the FTP

by issuing a notification in the public interest Authorizations issued before commencement of FTP shall

continue to be valid for the purpose and duration for which such authorization was issued

In case an export or import which is permitted freely is subsequently subjected to any restriction or regulation, such export or import shall continue to be freely permitted, provided that The shipment of export or import is made within original validity with

respect to available balance and time period of an irrevocable commercial letter of credit established before the date of imposition of such restriction

However, for operationalizing such irrevocable commercial letter of credit, the applicant shall have to register the LC and contract with the concerned RA within 15 days from the date of issue of such restriction or regulation

General Provisions

NCA 4

Exports and Imports free unless regulated Compliance of Imports with Domestic Laws

The norms applicable to domestically produced goods shall apply, mutatis mutandis, to imports, unless specifically exempted

Interpretation of Policy The decision of DGFT shall be final and binding on all matters relating to

interpretation of policy Procedure

DGFT may, specify procedure to be followed by an exporter or importer or by any licensing/ regional authority or by any other authority

Exemption from Policy / Procedure DGFT may exempt any person or class or category of persons from any

provision of FTP or any procedure and may, while granting such exemption, impose some conditions

Principles of Restriction 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

General Provisions

NCA 5

Prevention of use of prison labour Protection of national treasures of artistic, historic or archaeological value Conservation of exhaustible natural resources Protection of trade of fissionable material or material from which they are

derived; and Prevention of traffic in arms, ammunition and implements of war

Export/Import of Restricted Goods/Services ‘Restricted’ goods / services may be exported or imported only in accordance

with an Authorization / Permission/ License Terms and Conditions of a license / Certificate / Permission /

AuthorizationEvery Authorization shall be valid for prescribed period of validity and shall contain such terms and conditions as may be specified by Regional Authority (RA), which may include:(a) Description, quantity and value of goods;(b) Actual User condition;(c) Export obligation;(d) Minimum value addition to be achieved; and(e) Minimum export / import price

Authorization / Licence / Certificate / Permission not a Right

Penalty Penalty may be imposed if any condition of an Authorization is violated

or export obligation is not fulfilled State Trading

Any goods, import or export of which is governed through exclusive or special privileges granted to State Trading Enterprises (STE(s)), may be imported or exported by STE(s) as per specified conditions. Such goods may be imported or exported by any other person also against an Authorization obtained from DGFT

Importer-Exporter Code (IEC) Number is mandatory unless specifically exempted

DGFT may issue instructions or frame schemes for Trade with Neighboring Countries

Transit Facility shall be regulated in accordance with bilateral treaties between India and those countries

NCA 6

General Provisions

General Provisions

NCA 7

Actual User Condition 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 an Authorization, actual user alone may import such goods unless actual user condition is specifically dispensed with by DGFT

Second Hand Goods Import of second hand goods, except second hand capital goods, shall be

restricted for imports and may be imported only in accordance with the provisions of FTP, ITC (HS), HBP v1, Public notice or an Authorization in this regard. Import of re-manufactured goods shall be allowed only against a license

Removal of Scrap/Waste in SEZ Any waste or scrap or remnant generated during manufacturing or

processing activities of an SEZ Unit/ Developer/Co-developer shall be allowed to be disposed off in DTA freely subject to payment of applicable Customs Duty

Import of Samples

General Provisions

NCA 8

Import of Gifts shall be ‘free’ unless otherwise specified/ restricted

Passenger Baggage These may be imported as part of passenger baggage without an

Authorization- household goods and personal effects, samples of items that are freely importable, exporters coming from abroad are also allowed to import drawings, patterns, labels, price tags, buttons, belts, trimming and embellishments required for export

Import on Export basis Freely exportable 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 an Authorization on execution of LUT / BG with Customs Authorities

Re-import of goods repaired abroad Capital goods, equipments, components, parts and accessories, whether

imported or indigenous, except those restricted under ITC (HS) may be sent abroad for repairs, testing, quality improvement or upgradation or standardization of technology and re-imported without an Authorization

General Provisions

NCA 9

Import of goods used in projects abroad After completion of projects abroad, project contractors may import,

without an Authorization goods including capital goods used in the project, provided they have been used for at least one year

Sale on High Seas Import under Lease Financing Clearance of Goods from Customs

Goods already imported / shipped / arrived, in advance, but not cleared from Customs may also be cleared against an Authorization issued subsequently

Execution of BG / LUT Whenever goods are imported duty free or otherwise specifically

stated, importer shall execute prescribed LUT / BG / Bond with Customs Authority before clearance of goods. In case of indigenous sourcing, Authorization holder shall furnish LUT / BG / Bond to RA concerned before sourcing material from indigenous supplier / nominated agency as prescribed in HBP v1

General Provisions

NCA 10

Private / Public Bonded Warehouses for Imports Private / Public bonded warehouses may be set up in DTA. Any person may

import goods, except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse them in such bonded warehouses. Such goods may be cleared for home consumption whenever 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, importer of such goods shall re-export the goods

Free Exports All goods may be exported without any restriction except to the extent that

such exports are regulated by ITC (HS) or any other provision of FTP or any other law for the time being in force. DGFT may however, specify through a public notice such terms and conditions according to which any goods, not included in ITC(HS), may be exported without an Authorization

Export of Samples and Free of Charge Goods Export of Passenger Baggage

Personal baggage may be exported either along with passenger or, if unaccompanied, within one year before or after passenger's departure from India. Samples of such items that are otherwise freely exportable under FTP may also be exported

General Provisions

NCA 11

Export of Gifts Goods, including edible items, of value not exceeding Rs.5,00,000/- 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 an Authorization

Export of Spares Warranty spares (whether indigenous or imported) of plant, equipment,

machinery, automobiles or any other goods, (except those restricted under ITC (HS)) may be exported along with main equipment or subsequently but within contracted warranty period of such goods subject to approval of RBI

Third Party Exports Export of Imported Goods

Goods imported freely may be exported in same form or substantially same form without an Authorization

Export of Imported Goods under Bond Procedures Goods, including those mentioned as ‘Restricted’ for import (except

‘Prohibited’ items) may be imported under Customs Bond for export in freely convertible currency without an Authorization provided that item is freely exportable without any conditionality/ requirement of Authorization/ License/ permission

General Provisions

NCA 12

Export of Repaired Goods shall be allowed clearance without an Authorization

Private Bonded Warehouses for Exports are entitled to procure goods from domestic manufactures without payment of duty and shall be deemed as physical exports

Export of Replacement Goods 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 Customs authorities

Denomination of Export Contracts All export contracts and invoices shall be denominated either in freely convertible

currency or Indian rupees but export proceeds shall be realized in freely convertible currency

Realization of Export Proceeds If an exporter fails to realize export proceeds within time specified by RBI, he shall,

without prejudice to any liability or penalty under any law in force, be liable to action.

Free Movement of Export Goods Consignments of items meant for exports shall not be withheld / delayed for any

reason by any agency of Central / State Government. In case of any doubt, authorities concerned may ask for an undertaking from exporter

General Provisions No Seizure of Stock shall be made by any agency so as to

disrupt manufacturing activity and delivery schedule of exports Export Promotion Council (EPC) promote and develop exports

of particular group of products, projects and services Registration -cum- Membership Certificate (RCMC) is

required for import/ export against an Authorization or for availing any other benefit or concession

Fiscal Incentives to promote EDI Initiatives adoption Exemption from Service Tax on services received abroad Regularization of EO default and settlement of Customs

duty and interest through Settlement Commission Easing of Documentation Requirement Exemption/ Remission of Service Tax in DTA Exemption from Service Tax in SEZ

NCA 13


NCA 14

The Chapter on Special Focus Initiatives is broadly classified into:

Market Diversification

Technological Upgradation

Support to status holders

Agriculture and Village Industry

Handlooms

Handicrafts

Gems & Jewellery

Leather and Footwear


NCA 15

Marine Sector

Electronics and IT Hardware Manufacturing Industries

Sports Goods and Toys

Green products and technologies

Incentives for Exports from the North Eastern Region


NCA 16

Following Promotional Measures have been taken by way of Foreign Trade Policy 2009-14: Assistance to States for Developing Export Infrastructure and

Allied Activities (ASIDE)

Market Access Initiative (MAI) Financial assistance is provided for export promotion activities on focus

country, focus product basis. The Government may provide financial assistance ranging from 25% to 100% of total cost

Market Development Assistance (MDA) Financial assistance is provided for a range of export promotion activities

implemented by EPCs and Trade Promotion Organizations by way of participation in Trade Fairs, Buyer Seller meets, Export promotion seminars etc.

Meeting expenses for statutory compliances in buyer country for Trade Related Matters

Towns of Export Excellence (TEE)


NCA 17

Brand Promotion and Quality The primary objective is to promote and create international awareness of

the “Made in India” label in markets overseas

Test Houses Central Government will assist in modernization and up gradation of test

houses and laboratories to bring them at par with international standards


NCA 18

Export and Trading Houses: Status Category

Served From India Scheme (SFIS)

Focus Market Scheme (FMS)

Focus Product Scheme (FPS)

Market Linked Focus Products Scrip (MLFPS)

Status Holders Incentive Scrip (SHIS)

Incremental Exports Incentivization Scheme

Vishesh Krishi And Gram Udyog Yojana (VKGUY)

Export and Trading Houses Merchant as well as Manufacturer Exporters, Service Providers,

EOUs, Units located in SEZs, AEZs, EHTPs, STPs and BTPs are eligible for recognition as a status holder

Status recognition depends upon export performance counted on the basis of FOB value of export proceeds realized during current plus previous three years

Following privileges are available to a status holder: Authorization and Customs Clearances for both imports and exports on self-

declaration basis; Fixation of Input-Output norms on priority within 60 days; Exemption from compulsory negotiation of documents through banks.

Remittance / Receipts, however, would be received through banking channels; Exemption from furnishing of BG in Schemes under FTP; SEHs and above shall be permitted to establish Export Warehouses, as per DoR

guidelines.

NCA 19

Export and Trading Houses For status holders, a decision on conferring of ACP Status shall be

communicated by Customs within 30 days from receipt of application with Customs.

As an option, for Premier Trading House (PTH), the average level of exports under EPCG Scheme shall be the arithmetic mean of export performance in last 5 years, instead of 3 years.

Status Holders of specified sectors shall be eligible for Status Holder Incentive Scrip

Status Holders of Agri. Sector shall be eligible for Agri. Infrastructure Incentive Scrip under VKGUY

NCA 20

Served From India Scheme (‘SFIS’) Introduced to accelerate growth of services exported

Service providers exporting listed services and earning threshold forex earnings entitled for the scheme

Registration with concerned EPC/FIEO to be obtained.

Duty credit entitlement certificate ( i.e. scrip) issued is 10% of current year forex earnings valid for 24 months

Application for duty credit entitlement certificate to be made under Aaayat Niryat Form 3B

Relevant period for filing claim -mthly/qtly/annual/bi-annual claim, option to be exercised for full F.Y.

Claim to be filed within 12 mths of the relevant period.

NCA 21

Served From India Scheme (‘SFIS’)Eligible service providers

All service providers of listed services having forex earnings of Rs 10 lacs or more in the current financial year

Individuals having such forex earnings of Rs 5 lacs or more in the current financial year also entitled for SFIS

NCA 22

SFIS – Duty credit entitlementsIneligible remittances for entitlements:

Related to Financial Services Sector, foreign currency loans Export proceeds realization of clients Labour remittances for employment Issuance of foreign bonds and equity intruments such as ADRs, GDRs etc and

sale of securities or instruments Other receivables not connected with services provided Payments received from EEFC account Healthcare Institutions (receipt of donation, equity etc. except receipt for

medical treatment, surgery, testing, consultancy and healthcare provided by institution)

Educational Institutions (receipt of donation, equity etc. except course fees and consultancy provided by institution)

Export turnover of schemes under SEZ, EOU , STP etc. units or Supplies of services to such units

Services rendered by SEZ, EOU, STP units clubbed with DTA service providers Export of goods

NCA 23

SFIS - Duty credit utilization Procurements entitled for duty credit benefit: Import of capital goods, spares, office equipment, professional equipment, office

furniture and consumables relating to services provided Local procurement of the above also eligible for payment of excise duty through

SFIS scrip

Duty credit not available for payment of duty on import of vehicles except which are professional eqipment for service provider

Hotels/clubs with min 30 rooms facility/golf resorts/restaurants can use SFIS scrip for import of food/alcoholic beverages

Duty entitlement not transferable and is subject to actual user condition

However duty credit can be transferred to group companies/managed hotels of the service providers

Re-export of goods Defective and unfit procurements may be re-exported A new scrip for 98% of duty credit issued

NCA 24

Focus Market Scheme Introduced to accelerate growth of exports and export

competitiveness to specified countries

Exports to notified countries eligible for this scheme

Duty credit entitlement of 3 % (Additional 1% for specified countries) of the FOB value of exports

Specified proof of landing of export consignment in the foreign country to be submitted

Application for duty credit entitlement certificate to be made under Aaayat Niryat Form 3C

Credit can be utilised for import of inputs/ capital goods (including goods restricted under the ITC HS subject to conditions)

Additional duty of customs paid in cash or through debit under this scrip shall be adjusted as Cenvat credit

NCA 25

Focus Market Scheme Duty credit certificate valid for a period of 24 months

Duty scrips freely transferable

Ineligible exports for duty credit: Supplies to SEZ units Service exports Export of diamonds, precious stones, gold, silver, platinum, ores etc Export of ores and concentrates of all types Export of cereals and sugars of all types Export of crude/ petroleum oil/ petroleum based products Export of milk and milk products

NCA 26

Focus Market Scheme Re-export of goods Defective and unfit procurements may be re-exported A new scrip for 98% of duty credit issued Duty credit can also be utilized for payment in case of

imports under lease financing

NCA 27

Focus Product Scheme Introduced to accelerate growth of exports of notified

products with high export potential

Exports to all countries (including SEZ units) eligible for this scheme

Duty credit entitlement of 2 % of the FOB value of exports for each licensing year with effect from April 1, 2006. Special Focus Products are entitled to 5 % of the FOB value of exports. Additional 2% benefit for notified products

Application for duty credit entitlement certificate to be made under Aaayat Niryat Form 3C

Credit can be utilized for import of inputs/ capital goods (including goods restricted under the ITC HS subject to conditions)

Additional duty of customs paid in cash or through debit under this scrip shall be adjusted as Cenvat credit

NCA 28

Focus Product Scheme Ineligible exports for duty credit: Re-exports/ transshipment of goods Exports made by SEZ, EOU, STP units Deemed exports

Re-export of goods Defective and unfit procurements may be re-exported A new scrip for 98% of duty credit issued

Duty credit certificate valid for a period of 24 months

Duty scrips freely transferable

Duty credit can also be utilized for payment in case of imports under lease financing

NCA 29

Market Link Focus Product Scrip (MLFPS) To promote exports of :

Product/Sectors of high export intensity/ employment potential (which are not covered under present FPS List)

Duty Credit Scrip benefits, at 2% of FOB value of exports (in free foreign exchange)

When exported to the Linked Markets (countries), which are not covered in the present FMS list.

NCA 30

Status Holders Incentive Scrip (SHIS) To promote investment :

Product/Sectors of high export intensity/ employment potential (which are not covered under present FPS List)

Status Holders of sectors specified below, shall be entitled to a Duty Credit Scrip @1% of FOB value of exports made during 2009-10 ,2010-11,2011-12 and 2012-13.

Leather Sector (excluding finished leather); Textiles and Jute Sector; Handicrafts Engineering Sector (excluding Iron & Steel, Nonferrous Metals in primary

or intermediate forms, Automobiles & two wheelers, nuclear reactors & parts and Ships, Boats and Floating Structures)

Plastics; and Basic Chemicals (excluding Pharma Products)

NCA 31

Status Holders Incentive Scrip (SHIS) Status Holders of additional sectors shall also be eligible for this

Status Holders Incentive Scrip on exports made during 2010-11, 2011-12 and 2012-13.

This shall be over and above any Duty Credit Scrip claimed/availed under this chapter.

Status Holders availing Technology Upgradation Fund Scheme (TUFS) benefits (administered by Ministry of Textiles) during a particular year shall not be eligible for Status Holders Incentive Scrip for exports of that year.

The Status Holders Incentive Scrip will be subject to actual user condition. However transferability will be permitted amongst status holders subject to the condition that the transferee status holder is a manufacturer. Status Holder Incentive Scrip shall be used for import of capital goods relating to specified sectors. Only in respect of CG imported earlier, upto 10% value of the Duty Credit Scrip can be used for import of components, spares/parts of such CG.

NCA 32

Incremental Exports Incentivization Scheme

NCA 33

This scheme has been introduced from 28th December, 2012 to incentivize incremental exports

An IEC holder would be entitled for a duty credit scrip @ 2% on the incremental growth (achieved by the IEC holder) during the period 01.01.2013 to 31.3.2013 compared to the period from 01.01.2012 to 31.3.2012 on the FOB value of exports

Specified exports shall not be taken into account for calculation of export performance or for computation of entitlement under the Scheme

The scheme is region specific and will cover exports to USA, Europe and Asian countries only. This benefit will be over and above any benefit being claimed by the exporter under any of the Promotional Measures

The duty credit scrip will be freely transferable. Such scrips shall also be eligible for domestic sourcing

Vishesh Krishi & Gram Udyog Yojana (VKGUY)

To promote exports of : Agricultural Produce and their value added products Minor Forest Produce and their value added variants Gram Udyog Products Forest Based Products Other Products as notified from time to time

VKGUY benefits are granted with an aim to compensate high transport costs and to offset other disadvantages

Duty Credit Scrip benefits, at 5% of FOB value of exports

Lower rate of 3% when specific DEPB/ Drawback more than 1% /Advance Authorization benefit availed

Additional 2% provided for a few items

NCA 34

Vishesh Krishi & Gram Udyog Yojana (VKGUY)

Export of the specified products through all Land Customs Stations of North Eastern Region and Arunachal Pradesh are entitled for additional 1% Duty Credit Scrip

NCA 35

Duty Exemption/Remission Schemes

NCA 36

The schemes initiated by the Government under this category are as follows:

Export Promotion Capital Goods Scheme (EPCG)

Advance Authorization Scheme

Duty Free Import Authorization Scheme (DFIA)

Duty Entitlement Passbook (DEPB) Scheme

Duty Drawback (DBK) Scheme


NCA 37

This scheme has been discussed in Foreign Trade Policy under following headings:

Zero duty EPCG Scheme

Concessional 3% duty EPCG Scheme

EPCG for projects

EPCG for Retail Sector

EPCG Authorization for Annual Requirement

Export Obligation

Provisions for BIFR Units


NCA 38

EPCG for agro units

Indigenous Sourcing of capital goods and benefits to domestic supplier

Fixation of Export Obligation

Technological Up gradation of existing EPCG machinery

Incentives for Fast Track Companies

EPCG for Green Technology Products -reduced EO

EPCG Scheme – 0% Concessional Duty concessions

The Benefit of Zero Duty EPCG Scheme has been enlarged to those already availing benefit under TUFS and SHIS

NCA 39

Capital goods procured

Custom duty rate

Export obligation (‘EO’)

Conditions

If duty saved is less than Rs 100 Crores

0.00% 6 times the duty saved

EO to be fulfilled over 6 years

If duty saved is Rs 100 Crores or more



SSI units 0.00% 6 times the duty saved


CIF value of such imports should not exceed Rs. 50 lacs and the total investment should not exceed the SSI limit

EPCG Scheme – 3% Concessional Export Promotion Capital Goods Scheme (‘EPCG’) has been

introduced to promote import of capital goods for production of output which is exported

Duty concessions

NCA 40

Capital goods procured

Custom duty payable

Export obligation (‘EO’)

Conditions

If duty saved is less than Rs 100 Crores



If duty saved is Rs 100 Crores or more



SSI units 3.09% 6 times the duty saved


CIF value of such imports should not exceed Rs. 50 lacs and the total investment should not exceed the SSI limit

EPCG scheme – Eligibility Criteria Scheme covers manufacturer exporter, merchant exporter

and service provider

Manufacturer exporter : A person who exports goods manufactured by him or intends to export such goods

Merchant exporter : A person engaged in trading activity and exporting or intending to export such goods

Service provider : A person providing Supply of a service from India to other country

Supply of a service from India to the service consumer of any other country

in India

Supply of a service from India through commercial / physical presence in the

territory of any other country

Supply of a service in India relating to exports paid in free foreign exchange or in Indian Rupees which are otherwise considered as having being paid for in free foreign exchange by RBI.

NCA 41

Export Promotion Capital Goods (EPCG) Scheme also covers a service provider who is designated / certified as a Common Service Provider (CSP) by the DGFT

Exports by Users of the common service, to be counted towards fulfillment of EO of the CSP

A 100 % Bank Gaurantee equivalent to the portion of duty foregone by users of CSP apportioned in terms of quantum of export obligation is to be discharged.

As regards details of users, the CSP is required to inform to the concerned Regional Authority prior to exports, and the quantum of Bank Gaurantee shall be equivalent to duty foregone amount and BG can be given by CSP or any one of the users or a combination thereof, at the option of CSP.

NCA 42

EPCG scheme – Eligibility Criteria

EPCG scheme–Procurements allowed Service : It includes all the tradable services covered under

General Agreement on Trade in Services and earning free foreign exchange (Refer Appendix 10 ‘List of services’ of FTP)

Imports allowed under the EPCG scheme

Capital goods for pre production, production and post production activities

Spares (including refurbished/ reconditioned spares), tools, jigs, fixtures, dies, moulds and components used for assembly or manufacture of capital goods

Second hand capital goods also allowed

Restricted imports

Import of motor cars, sports utility vehicles allowed only to hotels, travel agents, tour operators, golf resorts etc

Import of restricted items under the ITC-HS allowed only subject to approval from EFC at Headquarters.

NCA 43

EPCG scheme–Procurements allowed Domestic procurements also allowed

EPCG license holder required to file a request with the Regional Authority for invalidation of direct imports and allowing domestic procurements

Domestic supplier entitled to ‘deemed exports’ benefit Deemed exports benefit include refund of terminal excise duty However, for EO computation, duty saved would be notional customs duty on

FOR

Option to pay CVD on imports in cash Duty paid in cash would not be counted towards computation of EO

Duty so paid should not be CENVATed

Imports subject to Actual user condition Goods can be imported only by the actual user

NCA 44

EPCG scheme – Export Obligation EO fulfillment through exports of group companies

Upto 50% EO 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.

Group companies means two or more enterprises which are directly or indirectly in a position to-

Exercise 26% or more voting rights in other enterprise or

Appoint more than 51% of members of board of directors in the other enterprise

The Group company should have been in existence at least 2 years before applying for the EPCG scheme.

Illustration: If A Co and B Co hold 26% voting rights in C Co, A Co and B Co would

qualify as ‘group companies’ and not A Co and C co

However, on practical basis, authorities have been allowing associate companies and subsidiary companies to be treated as ‘group companies’

NCA 45

Post Export EPCG Scheme Exporters if they choose to, may import Capital Goods on

payment of duty in cash and subsequently receive duty credit scrip on completion of export obligation.

Thus there would be no duty remission / duty exemption at the time of import of the Capital Good (CG).

Applicant will have to inform the Regional Office of DGFT (RA) about the import of CG and based on which RA will fix export obligation.

Since the duties have been paid upfront at the time of import of CG, the EO would be 85 % of normal EO.

NCA 46

Export Of Products From North East To promote manufacturing activity and employment in the North

Eastern Region of the country, export obligation under the EPCG Scheme shall be 25% of the normal export obligation.

However, export of specified products through notified Land Customs Stations of North Eastern Region shall be provided additional incentive to the extent of 1% of FOB value of exports

NCA 47

EPCG scheme – Other Provisions Extension of Export Obligation period for 2 years

On payment of composition fee equal to 2 percent of total duty saved o n unfulfilled EO, or

enhancement in Export Obligation imposed to the extent of 10 percent of total Export Obligation at the choice of exporter

Clubbing of two or more EPCG licenses is permitted subject to some conditions.

EPCG license holder can opt for technological up gradation of existing capital goods imported under EPCG Authorizations(subject to conditions).

Annual report for Export Obligation fulfilled to be filed electronically with the DGFT

On fulfilling of 75 percent or more of specific Export Obligation and 100 percent of Average Export Obligation till date in half or less than half the original Export Obligation period – remaining Export Obligation can be condoned (Fast track companies)

NCA48

EPCG scheme – Other Provisions The condition of maintenance of average level of exports is

not applicable to some sectors, namely, Handicrafts, Handlooms, Cottage Sector, Tiny Sector, Agriculture, Aquaculture (including fisheries), Horticulture, Pisciculture, Viticulture, Poultry and Sericulture. Three new sectors are being added to this list, namely, Carpet, Coir and Jute to provide substantial relief to these labour intensive industries

Export Obligation shortfall to the extent of 5% may be condoned by the DGFT

EPCG for Projects Import of capital goods under Scheme for Project Imports can also avail

EPCG Authorization

EPCG for Retail Sector 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 1000 sq mtrs

NCA 49

Advance Authorization Scheme(Erstwhile ‘Advance License Scheme’)

For making available duty free import of inputs and consumables required to manufacture the export product

Duty free import of spares up to 10% of the CIF value of the Authorization which are required to be exported/supplied with resultant product are allowed

Normal allowance for wastage available

Authorizations are issued for inputs and export items given under Standard Input Output Norms.

Advance Authorisation can be issued to either to manufacturer exporter or merchant exporter tied to supporting manufacturer for physical exports (including supplies to SEZ units & SEZ Developers), deemed exports and Intermediate supplies

NCA 50

Advance Authorization Scheme Such Authorization can also be issued for supplies made to United

Nations Organisations or under Aid programme of the United Nations or other multilateral agencies and which are paid for in free foreign exchange.

Advance Authorisations are exempted from payment of BCD, ACD, EC, Anti-dumping duty and safeguard duty

All items except prohibited items are eligible for importation

Authorization is under actual user condition i.e. materials imported cannot be transferred even after completion of export obligation

Option with Authorization holder to dispose off the product manufactured out of the duty free inputs on completion of export obligation

It necessitate exports with minimum 15% value addition however for tea it shall be 50%. Exports to SEZ Units / supplies to Developers / Co-developers, irrespective of currency of realization, would also be covered.

NCA 51

Advance Authorization Scheme Where inputs are supplied free of cost by foreign buyer, then

for calculation of value addition notional value shall be taken.

Authorization can also be applied for annual requirement for a particular product group by Status holders and by the other exporters having at least past two years export performance

Drawback is available for duty paid material, whether imported or indigenous, used in goods exported

Advance authorisation holder shall maintain proper account of consumption and utilization of duty free imported/domestically procured goods against each authorisation

Import under Advance Authorization (AA) shall be permitted at any of the EDI ports, irrespective of EDI port in which the AA has been registered. There would be no requirement of Transfer Release Advice (TRA). This would facilitate imports under AA and would significantly bring down transaction costs of the exporters.

NCA 52

Duty Free Import Authorization (DFIA)Scheme

Combined features of Advance Authorization Scheme and Erstwhile Duty Free Replenishment Certificate Scheme

Duty free import of inputs which are used in manufacture of export product as per notified SION

Pre-export Authorization shall be issued with actual user condition and shall be exempted from payment of basic customs duty, additional customs duty/ Excise duty, education cess, anti- dumping duty and safeguard duty, if any.

In case of post export DFIA, a merchant exporter is required to mention only name and address of manufacturer of the export product. Applicant is required to file application to concerned RA before effecting exports under DFIA

Minimum 20% value addition required for issuance of such authorisation

Once export obligation is fulfilled, request for transferability of Authorization or inputs imported against it may be made before concerned RA.

NCA 53

Duty Free Import Authorization (DFIA) Scheme

Once, transferability is endorsed, Authorization holder may transfer DFIA or duty free inputs, except fuel and any other item(s) notified by DGFT

Cenvat credit facility available for inputs either imported or procured indigenously against the Authorization

NCA 54

Duty Entitlement Passbook Scheme To neutralize the incidence of Customs duty on import content of

the export product

Neutralisation is provided by way of grant of duty credit against export product

Duty credit on the basis of pre-notified entitlement rates

In respect of products, if the rate of credit entitlement is 10% or more, amount of credit against each such export product shall not exceed 50% of Present Market Value(PMV) of export product.

Such credit can be utilized to import goods without payment of duty

DEPB or Products imported against it are freely transferable. Transfer of DEPB shall however be for import at specified port, which shall be the port from where exports have been made.

No actual user condition.

NCA 55

Duty Entitlement Passbook Scheme Additional Customs duty / Excise duty and Special

Additional duty paid in cash or through debit may be adjusted as Cenvat Credit or Duty Drawback.

NCA 56

Duty Drawback Definition

"Drawback” in relation to any goods manufactured in India and exported, means rebate of duty chargeable on any imported material or excisable material used in manufacture of such goods in India. Goods include imported spares, if supplied with capital goods manufactured in India.

Admissibility of Drawback Drawback shall be available for any duty paid material, whether

imported or indigenous, used in goods exported, as per drawback rate fixed by DoR, Ministry of Finance (Directorate of Drawback).

Applicability of Drawback Additional customs duty / Excise Duty and Special Additional Duty paid

in cash or through debit under DEPB may also be adjusted as CENVAT Credit or Duty Drawback as per DoR rules.

NCA 57

Duty Drawback Export of cut & polished precious and semi-precious stones

for treatment and re-import Gems and Jewellery exporters shall be allowed to export cut and

polished precious and semi-precious stones for the treatment and re-import as per customs rules and regulations. In case of re-export, the exporter shall be entitled for duty drawback as per rules.

Eligibility for refund of terminal excise duty / drawback Supply of goods will be eligible for refund of terminal excise duty,

provided recipient of goods does not avail CENVAT credit/rebate on such goods.

Simple interest @ 6% per annum will be payable on delay in refund of duty drawback

NCA 58

Other Major Export Incentives

NCA 59

EOU Scheme

SEZ Scheme

Deemed Exports

Export Oriented Units (EOUs) Etc.

NCA 60

This Chapter covers the following headings: Eligibility

Net Foreign Exchange Earnings

DTA Sale of Finished Products / Rejects / Waste / Scrap / Remnants and By- products

Other Supplies in DTA

Entitlement for supplies from the DTA

Other Entitlements

Inter Unit Transfer

Sub-Contracting

Export Oriented Units (EOUs) Etc.

NCA 61

Sale of Unutilized Material

Reconditioning / Repair and Re-engineering

Replacement / Repair of imported / Indigenous Goods

Exit from EOU Scheme

Conversion

Export through Exhibitions / Export Promotion Tours / showrooms abroad / Duty Free Shops

Personal Carriage of Import / Export Parcels including through Foreign bound Passengers

Export / Import by Post / Courier

Revival of Sick Units

Export Oriented Unit (‘EOU’) scheme Exemption from customs duty on import of capital goods and

raw materials for the purpose of manufacture of final goods

Goods manufactured by EOU is exempted from excise duty vide notification 24/2003 Excise dated March 31, 2003

Notification 22/2003 provides for duty free procurement of goods from indigenous sources

An EOU may import from DTA or bonded warehouses in DTA / international exhibitions held in India, without payment of duty, all types of goods for its activities, provided they are not prohibited items of import

An EOU can source capital goods from a domestic / foreign leasing company on lease without payment of customs / excise duty provided the EOU and leasing unit shall jointly file the necessary documents

NCA 62

Procurement of capital goods and raw materials made by a EOU from a supplier located outside the EOU in India are eligible for :

Excise duty exemption on goods purchased from the Domestic Tariff Area (‘DTA’)

Refund of Central Sales Tax on interstate purchases of capital goods and interest on delay in refund of CST subject to issue of form C

Cenvat credit on service tax paid if EOU has output liability

Cenvat credit of excise duty paid on inputs, if any

NCA 63

Export Oriented Unit (‘EOU’) scheme

EOU scheme – Eligibility Criteria Units which export their entire production of goods and services

(including repair, re- making, reconditioning, reengineering and rendering of services (except permissible sales in DTA) may be set up under EOU.

Service : It includes all the tradable services covered under General Agreement on Trade in Services and earning free foreign exchange

Meaning of term service is similar for EOU and EPCG

Export of goods and services except items that are prohibited in ITC (HS) is allowed. Export of Special chemical, organisms, materials, equipment and technologies are subject to conditions indicated in ITC (HS)}. For export promotional material up to 1.5% of FOB value of previous years exports is allowed

Duty free imports of all goods including capital goods.

Trading units are not covered by EOU

NCA 64

EOU scheme – Eligibility Criteria It should start production within 3 years (extension for further

3 years) from the date of grant of LOP/LOI. Once unit commences the production, LOP/LOI so issued shall be valid for 5 years for its activities (extension for further 5 years)

Minimum investment in plant & machinery is Rs. 1 crore [except for existing units and units in EHTP/ STP/ BTP, Handicrafts/ Agriculture/ Floriculture/ Aquaculture/ Animal Husbandry/ Information Technology, Services, Brass Hardware and Handmade jewellery sectors]

Applications for setting up of EOU units, other than proposals for setting up of units in services sector {except R&D, software and IT enabled services, or any other service activity as may be delegated by BoA}, shall be approved by Units Approval Committee. In other cases BoA approval is required

For conversion into EOU/ EHTP/ STP/ BTP unit from existing DTA units, having an investment of Rs 50 crores and above in plant & machinery or exporting Rs 50 crores and above annually, application will be approved by BoA

NCA 65

Net Foreign Exchange EarningsNet Foreign Exchange earnings (NFE)

EOU unit is required to achieve positive NFE cumulatively for a period of 5 years from commencement of production

NFE is computed as :(Positive NFE = A - B > 0), whereA = FOB value of exports and other specified supplies;B = Sum total of the CIF Value of all imported capital goods/ inputs and value of all payments in foreign exchange by way of commission, royalties, fees, dividends and any other charges, goods obtained from EOU and Bonded warehouse, other specified expenditures

Import of capital goods and lump sum for technical knowhow from outside India would be amortized over a period of ten years for the calculation of NFE.

Export proceeds should be realized within 12 months

NCA 66

DTA sale Sale of goods or provision of services to customers in India

would need a prior approval from the EOU authorities

An EOU unit (except gems and jewellery unit) is allowed to sell similar goods/services up to 50 percent of FOB value of exports (with condition of positive NFE) or 50 percent of foreign exchange earned from services, where payment of such service is received in foreign exchange

EOUs which are manufacturing and exporting more than one product can sell any of these products in DTA, up to 90% of FOB value of export of the specified products within the overall entitlement of 50% of FOB value of exports for the unit

Specific products/specific units not allowed DTA sales

DTA sales to attract excise duty equal to custom duties on like goods including basic customs duty and additional custom duties – 50% of applicable basic customs duty exempt

In case of DTA sale of goods manufactured by EOU where basic duty and CVD is nil, such goods may be considered as non- excisable goods for the payment of duty.

NCA 67

DTA saleOther supplies in DTA:

Following supplies effected from EOU/EHTP/STP/BTP units to DTA will be counted for fulfillment of positive NFE:

Supplies effected in DTA to holders of Advance Authorisation/ Advance Authorisation for annual requirement/ DFIA under duty exemption/ remission scheme/EPCG scheme.

Supplies effected in DTA against foreign exchange remittance received from overseas.

Supplies to other EOU / EHTP / STP / BTP / SEZ units, provided that such goods are permissible for procurement

Supplies made to bonded warehouses set up under FTP and / or under section 65 of Customs Act and free trade and warehousing zones, where payment is received in foreign exchange

NCA 68

DTA sale Supplies of goods and services to such organizations which

are entitled for duty free import of such items in terms of general exemption notification issued by MoF

Supplies of Information Technology Agreement (ITA -1) items and notified zero duty telecom / electronics items

Supplies of items like tags, labels, printed bags, stickers, belts, buttons or hangers to DTA unit for export

Supply of LPG produced in an EOU refinery to Public Sector domestic oil companies for being supplied to household domestic consumers at subsidized prices under the Public Distribution System (PDS) Kerosene and Domestic LPG Subsidy Scheme, 2002, as notified by the Ministry of Petroleum and Natural Gas vide notification No. E-20029/18/2001-PP dated 28.01.2003

NCA 69

Entitlement for supplies from DTA Supply from DTA to EOU will be treated as deemed export.

DTA supplier can discharge his export obligations on such supplies

DTA supplier is entitled to export duty drawback

EOU shall be entitled for : Reimbursement of CST Exemption from payment of Central Excise duty on all goods Reimbursement of duty paid on fuel procured from domestic oil

companies/ depots of domestic oil public sector undertakings Cenvat Credit on service tax paid

NCA 70

Other Entitlements Exemption from Income Tax as per Section 10A and 10B of Income

Tax Act.

Exemption from industrial licensing for manufacture of items reserved for SSI sector

Exports proceeds to be realized within 12 months

Facility to retain 100% foreign exchange proceeds in EEFC account

100% FDI permissible through automatic route

No bank guarantee required at the time of import or for job work in DTA subject to certain conditions.

Units shall pay duty on the goods produced or manufactured and cleared into DTA on monthly basis in the manner prescribed in the Central Excise Rules

NCA 71

Other salient features Existing DTA units may convert into EOU and existing

EHTP/ STP units may also apply for conversion to EOU.

Transfer of manufactured goods/ capital goods following procedure of in-bond movement of goods from one EOU/ EHTP/STP/BTP unit to other EOU/ EHTP / STP / BTP unit is allowed with prior intimation to custom authorities.

Goods supplied by one unit of EOU to another unit shall be treated as imported goods for second unit for payment of duty, on DTA sale by second unit.

EOU may subcontract production process to DTA through job work up to 50% of overall production of previous year in value terms in DTA and Job work on behalf of domestic exporters for direct export is also allowed

NCA 72

Other salient features If EOU/ EHTP/ STP/ BTP units is unable to utilize goods and

services, procured from DTA, it may be transferred to other EOU/ EHTP/ STP/BTP/ SEZ unit or disposed of in DTA or exported. As regards capital goods benefit of depreciation will be available in case of disposal in DTA only when the unit has achieved positive NFE taking into account the depreciation allowed

EOU is permitted to export through exhibitions/ export permission tours/ showrooms abroad/ duty free shops

EOU shall maintain proper accounts for goods imported/ procured duty free, sale in DTA or transfer to SEZ/ EOU and balance in stock and shall file digitally signed quarterly and annual reports.

If an industrial enterprise is operating both as a domestic unit and EOU/ EHTP/ STP/ BTP unit, it shall have two distinct identities with separate accounts, including separate bank accounts.

NCA 73

Fast Track Clearance Procedure EOUs having status holder certificate under FTP is eligible

for Fast Track Clearance Procedure.

Status holder units shall be exempted from examination of import cargo at port of import.

Units having physical export turnover of Rs 15 crores and above in preceding financial year shall be allowed to import goods without payment of duty on basis of pre-authenticated procurement certificate

Eligible EOU may remove their capital goods or parts thereof for repairs with the prior intimation to jurisdictional Asstt./ Deputy Commissioner of Customs or Central Excise.

NCA 74

Fast Track Clearance Procedure Following activities of a status holder do not require

permission from custom authorities: DTA sale of finished products within limits allowed Participation in exhibition and personal carriage of Gems & jewellery for

export promotion tours

NCA 75

Exit from EOU scheme Exit shall be subject to payment of Excise and Custom duty

and industrial policy in force. If the units has not achieved obligations, it shall be liable to penalty at the time of exit.

Unit shall intimate DC and custom & central excise authorities in writing and shall assess duty liability arising out of debonding and after the payment of duty so assessed it shall obtain “ No dues certificate” from the customs and central excise authorities.

An EOU / EHTP / STP / BTP unit may also be permitted by DC to exit from the scheme at any time on payment of duty on capital goods under the prevailing EPCG Scheme for DTA Units, subject to fulfillment of positive NFE criteria

NCA 76

Exit from EOU scheme Where a unit is initially established as DTA unit with

machines procured from abroad after payment of applicable import duty, or from domestic market after payment of excise duty, and unit is subsequently converted to EOU, in such cases removal of such capital goods to DTA after debonding would be without payment of duty.

Where a DTA unit imported capital goods under EPCG Scheme and after completely fulfilling export obligation gets converted into EOU, unit would not be charged customs duty on capital goods at the time of removal of such capital goods in DTA when debonding

EOU / EHTP / STP / BTP unit may also be permitted by DC

to exit under Advance Authorization as a onetime option. This will be subject to fulfillment of positive NFE criteria.

NCA 77

E-BRC – A Significant EDI Initiative E-BRC would herald electronic transmission of Foreign

Exchange Realization from the respective Banks to the DGFT’s server on a daily basis.

Exporter will not be required to make any request to bank for issuance of Bank Export and Realization Certificate (BRC).

This will establish a seamless EDI connectivity amongst DGFT, Banks and Exporters and will facilitate early settlement and release of FTP incentives.

This is a significant step to reduce transaction cost to the exporters.

NCA 78

Special Economic Zones (SEZ)

NCA 79

This Chapter is governed by the Special Economic Zone Act, 2005.

The main objectives of the SEZ Act are: Generation of additional economic activity

Promotion of exports of goods and services

Promotion of investment from domestic and foreign sources

Creation of employment opportunities

Development of infrastructure facilities

The SEZ Rules provide for: Simplified procedures for development, operation, and maintenance of the

Special Economic Zones and for setting up units and conducting business in

SEZs

Single window clearance for setting up a unit in a Special Economic Zone


NCA 80

Single Window clearance on matters relating to Central as well as State

Governments

The incentives and facilities offered to the units in SEZs for attracting investments into the SEZs, including foreign investment are:

Duty free import/domestic procurement of goods for development,

operation and maintenance of SEZ units

100% Income Tax exemption on export income for SEZ units under

Section 10AA of the Income Tax Act for first 5 years, 50% for next 5 years

thereafter and 50% of the ploughed back export profit for next 5 years

External commercial borrowing by SEZ units upto US $ 500 million in a

year without any maturity restriction through recognized banking

channels

Exemption from Central Sales Tax


NCA 81

Exemption from Service Tax

Single window clearance for Central and State level approvals

Exemption from State sales tax and other levies as extended by the

respective State Governments

Deemed Exports

NCA 82

Deemed exports broadly cover three areas: Supplies to domestic entities who can import their requirements duty free

or at reduced rates of duty

Supplies to projects/purposes that involve international competitive

bidding

Supplies to infrastructure projects of national importance

Specified categories of supplies eligible for Deemed Exports include:

Supply of goods against Advance Authorization/Advance Authorization for

Annual Requirement / DFIA under Duty Exemption / Remission Scheme

Supply of goods to Export Oriented Units (EOUs) etc.

Supply of capital goods to holders of licences under the Export Promotion

Capital Goods (EPCG) Scheme

Deemed Exports

NCA 83

Supply of goods to projects financed by multilateral or bilateral agencies/

funds as notified by the Department of Economic Affairs, Ministry of Finance

under International Competitive Bidding in accordance with the procedures of

those agencies/ funds, where the legal agreements provide for tender

evaluation without including the customs duty

Supply and installation of goods and equipment (single responsibility of

turnkey contracts) to projects financed by multilateral or bilateral Agencies /

Funds as notified by DEA, MoF under ICB, in accordance with procedures of

those Agencies / Funds, which bids may have been invited and evaluated on

the basis of Delivered Duty Paid (DDP) prices for goods manufactured abroad.

Supply of goods to any project or purpose in respect of which the Ministry of

Finance, by a notification, permits the import of such goods at zero customs

duty

Supply of marine freight containers by 100% EOU (Domestic freight

containers- manufacturers) provided the said containers are exported out of

India within 6 months or such period as permitted by the customs

Deemed Exports

NCA 84

Supply to projects funded by UN Agencies

Supply of goods to nuclear projects through competitive bidding as opposed

to international competitive bidding Benefits for Deemed Exports Advance Authorization/Advance Authorization for Annual requirement /DFIA

Deemed Export Drawback

Exemption/ Refund of Terminal Excise duty

Eligibility for refund of terminal excise duty / drawback `Refund of Terminal Excise duty or Central Excise duty paid on

inputs/components is available only when Cenvat credit/ rebate of the same

has not been availed by the recipient of such goods. Similarly, supplies will

be eligible for deemed export drawback on Central Excise paid on inputs,

provided Cenvat credit facility/rebate has not been availed by the applicant.

Deemed Exports

NCA 85

In all the cases goods shall be supplied directly to concerned agency/

person. However, goods supplied by sub-contractor to contractor shall

also be eligible for deemed exports benefits as per the procedure laid

down in this regard.

Supplies made by an Indian sub-contractor of an Indian or foreign

main contractor directly to the designated projects / Agencies, shall

also be eligible for deemed export benefits provided name of sub-

contractor is indicated either originally or subsequently in the main

contract (but before the date of supply of such goods) and payment

certificate is issued by project authority in the name of sub-contractor.

Thank you

Foreign Trade Policy February 2013. Foreign Trade Policy, 2009-14 NCA 2 Legal Framework General...

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Transcript of Foreign Trade Policy February 2013. Foreign Trade Policy, 2009-14 NCA 2 Legal Framework General...