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Onetime relaxation for EO extension and clubbing of Advance Authorisations

Circular No.ES/ 203 /2017-18                                                              October 25, 2017

To: Members of the Council

Sub:  Onetime relaxation for EO extension and clubbing of Advance Authorisations

Dear Member,

DGFT has issued Public Notice No. 34/ 2015- 2020 dated 24.10.2017 informing about following one time relaxations in the provisions of extension of export obligation period and clubbing of advance Authorisations under Para 4.38 relating to Facility of clubbing of authorisations of Handbook of Procedures 2015-2020.

Facility of Clubbing of Advance Licences/Authorisations:

Onetime relaxation of Para 4.38(i) of Handbook of Procedures 2015-2020, for clubbing of Advance licenses / Authorisations issued under Foreign Trade Policy 2002-2007 and 2004-09 is hereby permitted. Request for clubbing shall be made in ANF-4C to the respective RAs along with prescribed documents. RA shall process the cases as per Para 4.38 of Handbook of Procedures 2015-2020. The last date for submission of such application shall be 31.3.2018. Any applications received in RA, after 31.3.2018 shall not be entertained for clubbing and case shall be regularized either under Para 4.49 of HBP or by initiation of adjudication proceedings on or before 31.05.2018 positively.

No clubbing shall be permitted in respect of Authorisations where misrepresentation / fraud have come to the notice of RA. Further, no clubbing of Authorisations, where EODC/redemption letter has already been issued or adjudication orders have already been passed by RA/Customs Authority, shall be permitted.

Extension of Export Obligation Period:

Onetime relaxation is provided for extending Export Obligation (EO) period subject to the conditions specified below.

Exports made under Advance Licences/Authorisations issued under Foreign Trade Policy 2002-07, Foreign Trade Policy 2004-2009 and Advance authorisations issued prior to 5.6.2012 under Foreign Trade Policy 2009-14 shall be regularized by way of extension of Export Obligation Period, as per the procedure prescribed below:

a. Where exports have been made within 36 months from the date of issue of Advance Licences / Authorisations, same shall be regularized without insisting for any composition fee, except the cases where authorizations issued under Policy circular No-9 dated 30.6.2003/ or items covered under Appendix-30 A of HBP 2004-09/ HBP 2009-14.

b. For the exports made after 36 months but within 48 months shall be regularized on payment of composition fees as follows:

  1. @ 0.5% per month of FOB value of exports made after 36 months but within 42 months
  2. @ 1% per month of FOB value of exports made after 42 months but within 48 months

c. For Authorisations issued under Policy circular No-9 dated 30.6.2003 or inputs covered under Appendix-30A of HBP 2004-09 / HBP 2009-14: Extension of export obligation period can be granted for a period equivalent to half of the stipulated initial export obligation period on payment of composition fee as follows:

  1. @0.5% per month of FOB if exports made within initial export obligation period is more than 50% of stipulated EO.
  2. @ 1% per month of FOB if exports made within initial export obligation period is less than 50% of stipulated EO.

d. Request for extension of Export obligation period shall be filed in respective RAs, on or before 31.3.2018. Any applications received after 31.3.2018 shall not be considered as per this Public notice.

e. Only shipping bills which bear file number/ Advance Authorisation number in question shall be taken into account. No free shipping bills shall be allowed to be accounted.

f. No extension in EO would be allowed in respect of Authorisations where misrepresentation / fraud have come to the notice of RA. Further, no extension of Authorisations, where adjudication orders have already been passed by RA/Customs Authority, shall be permitted.

Members may kindly make a note of the above.

Thanking you,

S BALARAJU
EXECUTIVE DIRECTOR

                                           

 

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