HKB 02 kycamlPolicyEximFema
HKB 02 kycamlPolicyEximFema
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CHAPTER 2
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2 2 19 Export On Lease/Hire 17
2 2 20 Project Exports 17
2 2 21 Lines of Credit Extended by EXIM Bank 18
2 2 22 Export Under Air Cargo Consolidation 18
2 2 23 Issue of Guarantee/Bonds 18
2 2 24 Reduction in Value of Exports 19
2 2 25 Prepayment of Usance Export Bills 19
2 2 26 Change of Buyer/Consignee Abroad 19
2 2 27 Realisation of Export Proceeds in ECGC paid A/Cs 20
2 2 28 Exchange Earners Foreign Currency A/cs 20
2 2 29 Period Within Which Export Value of Goods / 20
Software to be Realized
2 2 30 Export of Personal Jewellery 20
2 2 31 Export of Indian Currency 20
2 2 32 Export of Foreign Currency 21
2 2 33 Export of Securities 21
2 2 34 Export Bill Register 21
2 2 35 Follow-up of Overdue Bills 21
2 2 36 Extension of Time Limit (ETX) 22
2 2 37 XOS Statement 23
2 2 38 Write off of unrealized Export Bills 23
2 2 39 Shipments Lost in Transit 26
2 2 40 Caution List 27
2 2 41 Agency Commission 27
2 2 42 Export Claims 28
2 2 43 Other Reminances 28
2 2 44 Despatch of Shipping Documents 28
2 2 45 Handing Over of Negotiable Copy of BL 29
2 2 46 Return of Documents to the Exporter 29
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2 2 47 Uniform Export Bills Numbering 29
2 2 48 Export of Computer Software 29
Annex No Annexure
1 Application for Exporter/Importer code 31
2 Format of Importer Exporter Code Number 35
3 ETX Form 38
4 Exchange control Declaration (GR) Form Number - 41
Original & Duplicate
5 Form : PP original/Form : PP Duplicate 46
6 SDF (see Regulation 3(1) - Duplicate 51
7 SOFTEX FORM 54
8 EFC 57
9 EBW 59
10 Annual statement for exporter’s performance 60
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2. INTRODUCTION
Exports from India should strictly conform to EXIM Policy and Exchange Control
Regulations. It is, therefore, imperative that the branch officials possess upto date knowledge
of the same. Brief outline of EXIM Policy/Exchange Control Regulations are given
hereunder:
a) Every exporter has to apply for and obtain an Importer Exporter Code Number (IEC
No/lmpex Code) – Annexure 2(1) .
Exceptions are:
i. Ministries and Departments of Central and State Governments.
ii. Persons importing or exporting goods for their personal use not connected
with trade or manufacturing or agriculture.
iii. Persons importing/exporting goods from/to Nepal provided CIF value of a
single consignment does not exceed Rs. 25000/-.
iv. Persons importing/exporting goods from/to Myanmar through Indo Myanmar
border area provided CIF value of single consignment does not exceed
Rs.25000/-.
An Application for IEC Number shall be Submitted online at dgft web site http://dgft.gov.in
duly filled in along with following documents and fees
1. DD for Rs. 250/ towards fee;
2. I.T. permanent a/c no. (PAN);
3. Two copies of passport size photographs of the applicant.
4. Certificate from banker as per specimen in (As per Annexure 2(2))
5. Self addressed envelope and stamp of Rs.30
b) Goods exported must be those which can be exported freely or those under allocable
quotas or those covered by specific export licences, in keeping with the Export-Import
Policy in force. The lists of items which can be exported or otherwise, are published in the
Export Import Policy which is usually in force for a period of 5 years and published
annually.
c) Exports may be made under Export Promotion Capital Goods Scheme (EPCG). EPCG
Scheme facilitates prior import of capital goods, subject to export obligation to be
fulfilled over a period of time.
d) Exporter / s of Gem and Jewellery enjoy the facility of Replenishment (REP) licences and
Diamond/DTC Imprest licences.
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2.2 FEMA GUIDELINES FOR EXPORT FINANCE
Export proceeds have to be realized and repatriated to India on the due date or within nine
months from the date of shipment, whichever is earlier, for all exports including Units in
SEZs, Status Holder Exporters, EOUs, Units in EHTPs, STPs, BTPs..
Exceptions :-
i. Time limit for realisation is 15 months in cases of goods sent to Indian owned
warehouses abroad set up with the approval of RBI.
ii. RBI may allow time upto 12 months for exports made on consignment basis to
CIS and East European countries and financed in a permitted currency.
iii. Cases where A/D Branch on application in form ETX (Annexure 2(3) has
allowed extension of time.
iv. Exporter intending to export goods on elongated terms of payment Credit
terms may submit their proposals giving full particulars through their Banks to
concerned Regional Office of RBI for consideration.
v. Exports of engineering goods on deferred payment terms, execution of turnkey
projects/civil construction contracts which are collectively called as project
exports and export of services.
i. All countries other than those a) Payment in rupees from the account of
listed under (ii) below a bank situated in any country other
than
a member country of ACU or Nepal
or Bhutan.
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Sri Lanka correspondent bank in the other
participating country.
Notes:
i) In respect of exports, payment must be received in a currency appropriate to the
country of final place of destination of the goods as declared on SDF/GR forms,
irrespective of the country of residence of the buyer. In other words, payment should
be received in the currency appropriate to the Group in which the importing country is
placed.
ii) RBI has granted permission for receiving payments for exports directly by exporters
from their buyers in the form of bank drafts, cheques, pay orders, also in the form
foreign currency notes or foreign currency travellers cheques, received during buyers
visit to India . Payments for exports out of funds held in FCNR/NRE accounts are also
permitted. Payments out of rupee accounts held in the names of Exchange Houses by
authorised dealers are also permitted upto Rs. 200,000/ per export transaction.
iii) Payment through International Credit Cards in which case A/D should certify the GR
Form/SDF only on receipt of funds in their Nostro Accounts or on production of a
certificate by the exporter from the credit card servicing bank in India to the effect that
it has received the equivalent amount in foreign exchange if the A.D. concerned is not
the credit card servicing bank.
iv) In the case of exports to Russia, payment can be received through Rupee/USD debt
repayment route or to the debit of Escrow a/c. Adjustment of export proceeds against
value of imports held in Escrow accounts in US Dollars, voluntarily opened by the
buyers with the permission of RBI, under counter trade proposals, is also permitted.
vi) The Export-Import Bank of India (Exim Bank) also extends, from time to time, lines
of credit to commercial banks/financial institutions in foreign countries for financing
exports from India to those countries. Terms and conditions governing such credits are
communicated by RBI to authorised dealers by means of AP (Dir) Circulars. Forex
dealing branches should be guided by the instructions contained in such circulars
while handling documents covering exports under these arrangements and should
meticulously follow the procedure prescribed therein.
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vii) In case of export to Nepal where an importer resident in Nepal is permitted by Nepal
Rastra Bank to make payment in free foreign exchange, such payments shall be
routed through ACU mechanism.
2.2.3. INSURANCE
Exporters should, in their own interest, arrange for insurance cover (throughout the
voyage) with seller's interest clause permitting payment to them even in case of
exports made on FOB or C&F terms and not covered by irrevocable Letters of Credit.
Certain countries impose restrictions requiring importers in their countries to obtain
marine insurance cover from local insurers, settlement under which in favour of
exporters in India may not be permissible in the event of cargo getting lost before
reaching the port of destination, due to exchange control regulations governing
remittances against imports into those countries. Exporters may in such cases avail of
contingency marine insurance policies from New India Assurance Co. etc. General
Insurance Ccompany and its subsidiaries in order to protect their interests till the
goods are paid for. Claims on such policies will be payable only to the exporter in
India and such policies will not be assignable to overseas buyer or any other party. In
such cases, the insurance premium paid to New India Assurance Co. and other
General Insurance Compaines will not be recoverable from overseas buyers.
Exceptions
Export of goods or services may be made without furnishing the declaration in the following
cases, namely :
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a) Trade samples of goods and publicity material supplied free of payment;
c) ship‟s stores, trans-shipment cargo and goods supplied under the orders of Central
Government or of such officers as may be appointed by the Central Government in this
behalf or of the military, naval or air force authorities in India for military, naval or air
force requirements;
d) goods or software accompanied by a declaration by the exporter that they are not more
than USD 25000 in value. Accordingly, submission of declaration in form GR /SDF /
PP/SOFTEX in respect of export of goods and software of value not exceeding USD
25000 or its equivalent is waived. However, the exporters shall be liable to realize the
amount of foreign exchange which becomes due or accrues on account of such exports,
and to repatriate the same to India in accordance with the provisions of FEMA
regulations.
e) by way of gift of goods accompanied by a declaration by the exporter that they are not
more than five lacs rupees in value;
f) aircrafts or aircraft engines and spare parts for overhauling and/or repairs abroad subject
to their reimport into India after overhauling /repairs, within a period of six months from
the date of their export;
h) goods not exceeding US $ 1000 or its equivalent in value per transaction exported to
Myanmar under the Barter Trade Agreement between the Central Government and the
Government of Myanmar;
i) the following goods which are permitted by the Development Commissioner of the
Export Processing Zone, Electronic Hardware Technology Parks, Electronic Software
Technology Parks or Free Trade Zones to be re-exported, namely :
1) imported goods found defective, for the purpose of their replacement by the foreign
suppliers/collaborators;
3) goods imported from foreign suppliers/collaborators free of cost, found surplus after
production operations.
ia) goods listed at items (1), (2) and (3) of clause (I) to be re-exported by units in Special
Economic Zones, under intimation to the Development Commissioner of Special Economic
Zones/concerned Asst. Commissioner or Deputy Commissioner of Customs;
j) replacement goods exported free of charge in accordance with the provisions of Exim
Policy in force, for the time being.
k) Goods sent outside India for testing subject to re-import into India;
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l) Defective goods sent outside India for repair and re-import provided the goods are
accompained by a certificate from an authorized dealer in India that the export is for
repair and re-import and that the export does not involve any transaction in foreign
exchange;
m) ADs may consider requests received from exporters for grant of GR waiver for export of
goods free of cost upto 2% of average annual exports during the preceding 3 years,
subject to ceiling of Rs.5,00000/-
2.2.5 GR FORM
The declaration in a GR form comprises the following steps:
- Exporter should fill in the GR form (in duplicate)
- Produce the GR form (in duplicate) and the shipping bill to the
Customs at the port of shipment
Customs will admit the shipping bill and allot a ten digit serial number and note
the number on both copies of GR forms. The 10 digit number denotes the code no.
of the port of Shipment (first 2 digits), year of shipment (next 2 digits) and
running serial no. (last 6 digits).
Customs will also certify the value of export as declared by the exporter and will
also record their assessed value in the GR form.
Exporter should then re-submit to the Customs, the duplicate GR form and the
cargo to be shipped.
Customs will verify the goods and after certifying the quantity and value of goods
passed for shipment, return the duplicate GR form to the exporter.
Exporter should present the duplicate GR form and the shipping documents with
two extra copies of invoice to the Bank within 21 days from the date of shipment.
In cases where exporters present documents pertaining to exports after the
prescribed period of 21 days from the date of exports, the documents may be
handled without prior approval of the RBI, provided the Bank is satisfied
that it was due to reasons beyond the control of the exporter. Such decision
can be taken only by the Head of the branch. In charge of foreign exchange
department in case ELBs/VLBs. In case of export documents drawn under a LC,
the documents are to be presented within the time prescribed therein. If no
presentation time is prescribed in the LC, export documents are to be presented
within 21 days from date of shipment or expiry date of the LC, whichever is
earlier.
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Customs will forward the original GR form to the nearest office of RBI and return
the duplicate GR form to the exporter.
After documents have been negotiated or sent for collection, branch should report
the transaction to RBI in statement form ENC, under cover of appropriate 'R'.
Supplementary Return.
Bank will also keep a watch on the realisation of export proceeds and on receipt of
realisation proceeds certify the duplicate GR form, and it should be retained by
AD Branch.
In the case of claims settled by ECGC, recoveries may be received through the
Corporation. In such cases, ECGC passes on the exporter's share to the Bank
which had handled the documents and will issue a certificate to the Bank after the
full proceeds have been received by them. Certificate will indicate the number of
GR/PP form, name of the exporter, name of the authorised dealer, date of
negotiation/ bill no., invoice value and the amount actually received by ECGC
against the relevant GR/PP form. It will be in order for authorised dealer to certify
the duplicate GR/PP form on the basis of the certificate issued by ECGC.
Where part of the export proceeds are credited to the exporter's EEFC account, a
suitable notation as regards the amount and the percentage value of the export
proceeds so credited will be made in the duplicate GR form.
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be forwarded through authorised dealers (if they send the parcels to buyers direct, they
run the risk of losing the value of the goods).
The correspondent bank would, as per instructions, arrange to deliver the consignment
against payment or acceptance of the bills, as the case may be.
2.2.9 PP FORMS
In the case of exports by post parcel, branches have complete responsibility to ensure that
goods exported are allowed for export under Exim policy and where necessary export
quota/licence is available and conditions of exports such as floor price restrictions, pre-
shipment inspections etc. are complied with.
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The branch will countersign the PP form only if exporter is not caution listed and
return the original PP form to the exporter retaining the duplicate. It will also note
the details in the register kept for the purpose.
The exporter will present the original PP form and the post parcel to the post
office. The post office will forward the original PP form to RBI.
The exporter should submit the post parcel receipt and two extra copies of invoice
together with other documents to the Bank within 21 days from the date of export
(Bank may accept delayed delivery on bonafide grounds). If the exporter needs the
original PP receipt, the same may be returned against written request and proper
acknowledgement, after noting thereon the bill reference number and date under
Bank's seal and signature. Photocopy thereof is to be retained by the branch.
Branch will report the transaction in ENC statement under cover of 'R'
Supplementary Return to RBI.
Bank will, on receipt of export proceeds, certify the duplicate PP form and retain
it.
ii) After certifying all three copies of the SOFTEX form, the said designated
official shall forward the original copy to the nearer office of RBI & return
the duplicate to the exporter. The triplicate shall be retained by the designated
official for records.
iii) On full realisation of the value declared in softex form AD will certify the
same & retain it.
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Branches can accept Bill of lading/Air Way Bill (AWB) on 'freight prepaid' basis
even in cases where sale contracts are on FOB, FAS etc. basis provided freight
amount is included in the invoice/bill.
In the case of CIF / C & F contracts, if freight is sought to be paid at destination,
branch can allow deductions from invoice/bill to the extent of freight declared on
GR/SDF form or actual amount payable, whichever is lower.
If marine Insurance is obtained by exporter, on buyers account in the case of
FOB/FAS contracts, branch to ensure that premium amount is added in the
invoice/bill.
Branch should ensure that the documents submitted do not reveal any material
interse discrepancies with regard to description of goods, quantity, value, country
of destination, name/address of buyer etc.
At times, export realisable value may be more than what was originally declared
on GR/ SDF forms under CIF /C & F contracts due to buyer's consent to bear
whole or part of any subsequent hike in freight amount or as a result of subsequent
devaluation of the currency of the contract or buyers having agreed to increase the
price. In such cases, branches can handle such export documents.
In certain lines of export trade, final settlement of price may be dependent on the
results of quality analysis of samples drawn at the time of shipment; but the results
of such analysis will become available only after the shipment has been made.
Sometimes, contracts may provide for payment of penalty for late shipment of
goods in conformity with trade practice concerning the commodity. In these cases,
while exporters declare to Customs the full export value based on the contract
price, invoices submitted along with shipping documents for
negotiation/collection may reflect a different value arrived at after taking into
account the results of analysis of samples or late shipment penalty, as the case may
be.
In case GR shows name of the bank / branch through which the payment will be
received different from the branch where documents are submitted the branch
must obtain disclaimer letter from such bank or even a branch of our bank.
In cases where the exporter constituent is different from the one who has signed
the original GR form, the Bank may accept the documents if the Bank's
constituent countersigns the duplicate GR form and undertakes to deliver forex
export proceeds within the prescribed period.
In case of exports on consignment basis, the Bank has to send the shipping
documents to its correspondent banks abroad, with instructions to deliver the
documents to the consignee against Trust Letters or undertaking to deliver the sale
proceeds by a specified date which should fall within the maximum time allowed
for cash exports. This procedure should be followed even if a bill is drawn on the
consignee for a part of the estimated value of the goods.
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It is permissible for consignees to deduct from the sale proceeds, the expenses
normally incurred towards handling and storage of goods, insurance, rent,
commission etc. and remit the balance to the exporter.
Bank has to scrutinize the account sales received from the consignee and satisfy
itself that they are properly vouched. Deductions made covering legitimate
expenses should be supported by bills/receipt in original, except in case of petty
items like postage/cable charges/stamp duty etc.
AD branches may consider the applications received from exporters and grant permission for
opening / hiring warehouses abroad subject to following conditions:
a) Applicant‟s export outstandings does not exceed 5% of export made during the
previous year.
AD branches may grant such permission initially for year and renewal thereof may be
considered subject to the applicant satisfying the requirement of all above. AD
branches granting the permission should maintain proper records of the approval
granted.
Reserve Bank may consider applications in Form EFC from exporters (As per Annexure
2(8)) having good track record for opening foreign currency accounts with banks in India or
abroad, subject to certain terms and conditions. Applications for opening such an account
with a branch of an authorized dealer in India may be submitted through the branch at which
the foreign currency account is to be maintained. If the foreign currency account is to be
maintained abroad the application should be made by the exporter giving details of the bank
with which the account will be maintained.
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Under the scheme of Government of India, firms and companies dealing in purchase / sale
of rough or cut and polished diamonds, with track record of at least three years in import
or export of diamonds and having an average annual turnover of Rs.5 crores or above
during preceding three licensing years (licensing year is from April to March) are
permitted to transact their business through Diamond Dollar Accounts and may be
allowed to open not more than five Diamond Dollar Accounts with their banks.
Accordingly, eligible firms and companies may apply for permission to the Chief General
Manager, Exchange Control Department, Exports Division, Reserve Bank of India,
Central Office, Mumbai-400 001. through their authorized dealer.
Authorised Dealers may approve GR form of export items for display or display-cum-sale in
trade fairs/exhibitions outside India subject to the following:
i. The exporter shall produce relative Bill of Entry within one month of re-import
into India of the unsold items.
ii. The sale proceeds of the items sold are repatriated to India in accordance with
Foreign Exchange Management (Realization, Repatriation and Surrender of
Foreign Exchange) Regulations, 2000.
iii. The exporter shall report to the Authorised Dealer the method of disposal of
all items exported, as well as the repatriation of proceeds to India.
iv. Such transactions approved by the authorised dealers will be subject to 100%
audit by the internal inspectors/auditors of the Authorised Dealer concerned.
Export of machinery on lease/hire basis and re-import thereof at a later date requires prior
approval of RBI.
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Export of engineering goods on deferred payment terms and execution of turnkey projects and
civil construction contracts is collectively called project exports. Indian exporters offering
deferred payment terms and those participating in global tenders require prior approval of
AD/ Exim Bank / Working Group at post award stage before undertaking execution of such
contracts. Exchange control regulations related to project and service exports are detailed in
Chapter No.12.
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Bank, in case of invocation of the guarantee can remit the amount involved subject
to report to RBI in form A2.
Bank can provide minor guarantees on behalf of exporter customers and overseas
branches/correspondents in respect of missing documents, authenticity of
signatures etc.
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i) Realisation of export proceeds is not delayed beyond the period of 123 months
from the date of exports.
ii) Reduction in value does not exceed 25%.
In cases where reduction in value exceeds 25%, conditions laid down under para
2B.24 above, for waiver of percentage ceiling for reduction in value, should also be
satisfied.
(i) It has been decided in consultation with the Government of India that the period of
realization and repatriation of export proceeds shall be nine months from the date of export
for all exporters including Units in SEZs, Status Holder Exporters, EOUs, Units in EHTPs,
STPs & BTPs until further notice.
(ii) Goods exported to a warehouse established outside India: As soon as it is realised and in
any case within fifteen months from the date of shipment of goods.
Taking out of India personal jewellery is regulated by Baggage Rules of the Ministry
of Commerce under the Export Import Policy.
Taking out of Indian Currency is subject to the general permission granted by RBI and
in force from time to time. Presently following is the general permission in force.
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(i) A person may take or send out of India to Nepal or Bhutan currency notes of
Government of India or RBI notes (other than notes of denomination of above
Rs.100/- in either case)
(ii) To all other countries -Indian Rupee Notes and coins not exceeding Rs. 5000/-
per person by any resident Indian proceeding abroad on a temporary visit.
Taking or sending out of Indian currency in the form of Commemorative coins
upto 2 coins each is permitted by RBI.
RBI has given general permission to person in or resident in India to take out of
India, foreign currencies equivalent to US$ 3000/-held by them for personal
purposes.
Bank should also record in the export bills register against the relative entry the
amount of commission or discount as declared by the exporter in the GR/PP form
and accepted by Customs to facilitate remittance/deduction from invoice.
Bank must ensure that all types of export transactions are recorded in the export
bills register and that bills are given numbers on a calendar year basis (not
financial year basis) as per the uniform numbering system. The bill numbers
should be reported in the ENC statements and other returns submitted to RBI.
Bank has to keep a watch, through the export bills register, on the realisation of
export bills and should promptly take up the matter of overdue bills with the
exporters concerned.
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(iii) Authorised dealers should closely watch realisation of bills and in cases where
bills remain outstanding, beyond the due date for payment or nine months
from the date of export, the matter should be promptly taken up with the
concerned exporter. If the exporter fails to arrange for delivery of the
proceeds, within nine months or seek extension of time beyond nine months
the matter should be reported to Reserve Bank except in case stated below
i.e.
Exporters who have been certified as “Status Holder” in terms if EXIM policy
are permitted to realize and repatriate the full value of export proceeds within
a period of 12 months from the date of shipment.
The stipulation of twelve months or extended period thereof for realization of
export proceeds is no longer applicable for units located in Special Economic
Zones (SEZs). The units in SEZs will however continue to follow the
GR/PP/Softex export procedure.
stating, where possible, the reason for the delay in realising the proceeds. The
duplicate copies of GR/SDF/PP Forms should, however, continue to be held by
authorised dealer untill full proceeds are realised. Authorised dealers should follow
up export outstanding with exporters systematically and vigorously so that action
against defaulting exporters does not get delayed. Any laxity in the follow up of
realisation of export proceeds by authorised dealers will be viewed seriously by
Reserve Bank leading to the invocation of the penal provision under FEMA 1999.
i. In cases where an exporter has not been able to realise proceeds of a shipment made
within the period prescribed (i.e. within nine months from the date of export), for
reasons beyond his control, but expects to be able to realise proceeds if extension of
the period is allowed to him, necessary application (in duplicate) should be made to
the concerned Regional Office of Reserve Bank in form ETX through his authorised
dealer with appropriate documentary evidence other than cases referred to in item (ii)
below.
ii. Reserve Bank of India have permitted authorized dealers to extend the period for
realization of export proceeds without any reference to Reserve Bank of India beyond
12 months from the date of export upto period of six months, at a time, irrespective of
invoice value, subject to following conditions :
b. The Authorized Dealer is satisfied that the exporter has not been able to realise
export proceeds for reasons beyond his control.
c. The exporter submits a declaration that he will realize the export proceeds during
the extended period.
d. The extension may be granted upto a period of 3 months at a time and while
considering the extension beyond one year from the date of export the total export
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outstanding of the exporter should not exceed USD one million or 10% of the average of
export realizations during the preceding 3 financial years, whichever is higher.
ii. The above limits will be related to total export proceeds realized during the
previous calendar year and will be cumulatively available in a year.
iii. The total write off allowed by the Bank during that calendar year should be
within 10% of export realisation in the previous calendar year.
iv. Exporter produces satisfactory documentary evidence to show that he has not
been able to realise the amount despite his best efforts.
v. The write off case falls under anyone of the following categories
a. Overseas buyer has been declared insolvent and a certificate from official
liquidator indicating that there is no possibility of recovery of export
proceeds has been produced (ECGC to be intimated about such overseas
buyer for updating their files).
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d. The amount represents undrawn balance and is within 10% of invoice
value and is unrealisable despite all efforts made by the exporters.
f. The unrealised amount represents the balance due in a case settled through
the intervention of Indian Embassy, foreign Chamber of Commerce or
other similar organisations.
g. Where the exporter even after winning the court case against the overseas
buyer could not execute the decree for reasons beyond his control.
h. Bills drawn for difference between LC value and actual export value or
between provisional and actual freight and the amount has remained
unrealised and documentary evidence has been produced to the effect that
there are no prospects of realisation.
v. The case is not a subject matter of any pending civil or criminal suit.
vi. Exporter has not come to the adverse notice of Enforcement Directorate or any
other Law or Enforcement Agency like CBI.
i. Exporter has surrendered proportionate export incentives if any, availed of.
ii. Status holders exporters (viz. Export Houses, Trading Houses, Star Trading
Houses, Superstar Trading Houses) and manufacturer exporters exporting
more than 50% of their production, and recognised as such by DGFT, may be
permitted to “write off” outstanding export bills upto an annual limit of 5% of
their average annual realisations (not turnover) during the preceedings three
calendar years. The limit of 5% will be cumulatively available in a year and
subject to the following conditions.
1. The exporter should submit to the concerned authorized dealer a Chartered
Accountant‟s certificate indicating -
(a) the export realisation in the preceding three calendar years and also the
amount of “write off” already availed of during the year, if any.
(b) The relevant GR/SDF Nos. to be written off, Bill Nos, invoice value,
commodity exported, country of export.
(c) The export benefits, if any, availed of by the exporter have been
surrendered.
2. It is clarified that the following do not qualify for the “write off” facility :-
(a) Exports made to countries with externalization problem i.e. where the
overseas buyer has deposited the value of export in local currency but the
amount has not been allowed to be repatriated by the central banking
authorities of the country.
(b) GR/SDF forms which are under investigation by agencies like, Enforcement
Directorate, Directorate of Revenue Intelligence, Central Bureau of
Investigation, etc. as also the outstanding bills which are subject matter of
civil/criminal suit.
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The documentary evidence received should be kept for a period of 2 years or till
verification by RBI inspectors whichever is earlier. A half-yearly statement as of 31st
December and 30th June, furnishing full details of Bills written off has to be
submitted to RBI in form EBW (Annexure 2(10)), within 15 days from close of the
year.
After the “write off” has been permitted authorised dealer may certify the duplicate
form as under:
Date
1. With a view to simplifying and liberalising the procedure, providing full flexibility to all
exporters and reducing the paper work associated with seeking extension of time or reduction
in invoice value or write-off, RBI has decided to allow all exporters (including Status Holder)
to:-
ii. extend the prescribed period of realisation beyond 180 days or further period
as applicable,
provided, the aggregate value of such export bills written-off (including reduction in invoice
value) and bills extended for realisation does not exceed 10 per cent of the export proceeds
due during the calendar year and such export bills are not a subject of investigation by
Enforcement Directorate / Central Bureau of Investigation or any other Investigating
Agencies. This facility will be available in respect of export proceeds falling due from
January 1, 2004. In other words, the new facility will be available for exports made after July
1, 2003 and proceeds due for realisation on January 1, 2004 (ie., within the prescribed period
of 180 days). In the case of exports where Reserve Bank has prescribed longer period of
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realisation, the said facility would be available for exports made prior to July 2003, but
proceeds of which are due for realisation within the prescribed period of one year.
2. Exporters dealing with more than one Authorised Dealer can avail of this facility through
each AD, i..e., the limit of 10 per cent for self write-off (including reduction in invoice value)
and extension of time for realisation of export proceeds would be applicable for export bills
lodged for realisation with that Authorised Dealer. However, exporters operating under a
consortium of banks or with multiple banks will also have the option of computing the 10 per
cent limit on an aggregate basis with all the banks, provided the lead bank of the consortium
or in case of multiple banking, a nodal bank undertakes to verify the exporters‟ annual
performance on behalf of all the banks.
3. Within a month from the close of the calendar year, exporters should submit a statement,
as per enclosed format (Annexure 2(10)), giving details of export proceeds due, realised and
not realised to the concerned Authorised Dealer. Export bills due in the year 2004, for which
exporter has extended the period of realisation on his own (within the 10 per cent limit) or
sought extension of time from the Authorised Dealer but unrealised as at the end of calendar
year 2004, will be computed for export proceeds due in the following year. The Authorised
Dealer will be required to verify the statement with his records and review the export
performance of the exporter during the calendar year to ascertain that in cases where the 10
per cent limit of self extension, write-off (including reduction in invoice value) and non-
realisation has been breached, exporter has sought necessary approval for write-off, reduction
in invoice value or extension of time, as the case may be, for the excess over the 10 per cent
limit before the end of the calendar year. In cases where exporters have failed to comply with
this requirement, Authorised Dealers may promptly advise the said exporter to seek extension
of time/reduction in invoice value/write-off in respect of non-realisation in excess of the 10
per cent limit, failing which, the Authorised Dealers may inform the exporter about the
withdrawal of this facility of self write-off / extension of time, within a month, under advice
to the concerned Regional Office of the Reserve Bank.
4. Requests received from exporters in terms of Paragraph 3 above may be dealt with by the
Authorised Dealers as per the existing instructions relating to extension of time for realisation
of export proceeds, reduction in invoice value and write-off issued by the Reserve Bank.
26
Sometimes claims on shipments lost in transit are also partially settled directly by
the shipping companies/airlines under carriers liability. AD should ensure that
amounts of such claims, if settled abroad are also repatriated to India by exporters.
i) The commission has been declared on the GR/SDF/PP /Softex form and
accepted by Customs, or Ministry of Information Technology
27
2.2.42 EXPORT CLAIMS
Branches may allow payment of export claims where the relative export proceeds
have been realised and repatriated to India subject to exporter furnishing in writing
full details such as IEC No., GR/PP No., date of shipment, commodity, value,
name/address of claimant amount, nature and amount of claim and documentary
evidence in support of the claim. The exporter should be advised to surrender
proportionate share of export incentives, if any, availed of. Branches to ensure that
the exporter is not on the caution list of RBI.
A/D branches should despatch the documents at the earliest to overseas correspondent.
The shipping doc may be despatched directly to the consignee or their agents in cases
where full advance payment or irrevocable LC is received & the underlying contract LC
provides for direct despatch of docs to the consignee. However documents under LC
must be without any discrepancy.
Branches may accede to the request of exporter for direct despatch of documents provided
the exporter is a regular customer & satisfactory arrangements have been made by him for
realisation of the bills.
ADs may permit Status Holders Exporters and Units in SEZ to despatch the export
documents directly to consignee abroad, subject to -
ADs may regularize cases of dispatch of shipping documents by the exporter direct to the
consignee or his agent resident in the country of the final destination of goods, up to USD
1 million or its equivalent, per export shipment, subject to the following conditions:
(ii) The exporter is a regular customer of AD branch for a period of at least six months.
(iii) The exporter‟s account with the AD branch is fully compliant with the Reserve
Bank‟s extant KYC / AML guidelines.
(iv) The AD Category – I bank is satisfied about the bona-fides of the transaction.
(v) In case of doubt, the AD Category – I bank may consider filing Suspicious Transaction
Report (STR) with FIU_IND (Financial Intelligence Unit in India).
28
Decision regarding direct despatch of documents has to be taken by the branch head or
incharge of F.Exchange Department in case of VLB/ELB branches strictly on the merits
of the case.
All export bills handled by the branch will be reported in the ENC Statement to RBI
with sequential serial no. and with appropriate alphabetical prefix.
29
iii) On site development at sites abroad.
ii) Complete set of SOFTEX form in triplicate is submitted along with other
documents to Ministry of Information Technology, Govt. of India for valuation
within 30 days from the date of invoice / date of last invoice raised in a month .
iii) Each exporter has to designate an authorised dealer for handling documents.
iv) Ministry of Information Technology, Govt. of India on valuation, submit a
copy of SOFTEX form to RBI directly and returns the certified duplicate with
all documents to the exporter for onward submission to designated
authorised dealer, retaining the third copy for their records.
v) Authorised dealers may handle documents submitted along with certified
SOFTEX form on submission by the exporter together with full set of export
documents.
vi) Value of software exports in whichever form, must be realised on due date for
payment or within 6 months from the date of export, whichever is earlier.
vii) RBI has extended the facility for online generation of the EDF Form No. and
SOFTEX Form No.
30
ANNEXURE 2(1)
ANF 2 A
Part A
IEC Details--
i. IEC Number
ii. Date of Issue
iii. Issuing Authority
Note: Please state ‘Not Applicable’ wherever the information / data is not applicable to you.
i. Name
ii. Address
(Registered Office in case of Companies and
Head Office in case of Others)
iii. Address of all Branches / Divisions / Units / Factories
located in India & abroad (attach extra sheet if required)
iv. Telephone*
v. Email address (for correspondence with DGFT)*
31
iii. Residential Address
iv. Telephone
6. PAN Details
i. PAN Number
ii. Issuing Authority
Amount (Rs)—Rupees
Demand Draft
Date of Issue
Name of the Bank and its Branch on which drawn
32
ANNEXURE 2(1)
Part B
APPENDIX 18 A
______________________________________________________________________________
To
..........................................
..........................................
..........................................
Sir/ Madam,
.........................................
Affix
Passport
Size
Photograph of the
applicant
Date: ...................
Place: ...................
(Banks
Stamp)
33
Part C
IEC Number-
1- Details of Modification
34
ANNEXURE 2(2)
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE & INDUSTRY
O/O JT/DY DIRECTOR GENERAL OF FOREIGN TRADE/Development
Commissioner’s
---------------------------------------------------
………………………………
(Full Address)
1. Name
2. Address
Pin.
3. Address of the
branches/Division/Units/factories,
if any
Pin
4. IEC Number
5. Date of Issue
6. PAN Number
Name :
Designation:
Place:
Date
36
ANNEXURE 2(2)
1 2 3 4 5
Note :
The periodicity of the submission of the above information by the IEC issuing authorities
shall be on fortnightly basis and the information shall be submitted to the concerned office of
RBI by the end of the week’s succeeding the fortnight.
37
ANNEXURE 2(3)
ETX
Application for permission to extend the period for realization of export proceeds
Instructions :
Documentation :
1. Particulars of exporter :
i) Name of the exporting i)
firm/company
ii) Address in full ii)
iii) Exporter’s Code Number iii)
allotted by Reserve Bank
38
4. a) Reasons for non-payment of a)
bill/s.
b) If the goods have remained b)
unsold, present
condition/position thereof.
c) Steps taken or proposed to be c)
taken by the exporters o
realize the export proceeds.
d) If the buyer had deposited the d)
sale proceeds with a local
bank in the currency of the
country to which export has
been made, the possibility of
externalization i.e. the time
likely to be taken for
conversion of the proceeds
into foreign exchange.
Amounts 1)
Outstanding2)
If any 3)
39
We declare tat the particulars given above are true and correct to the best p our
knowledge and belief.
Place
____________________
Stamp (Signature of Authorized
Official)
Date
Name :
Designation :
___________________________________________________________________
__
(Space for use of Authorized Dealer)
We hereby certify that the bills pertaining to shipments declared on the above
GR/PP form/s was/were included in ENC statement for the fortnight
ending__________________________
Any other comments (please mention here special features like delays on account of
externalization, payments in local currency, settlement of Claims by ECGC
etc)________________________
____________________________________
(Signature of Authroised Official)
Name:________________________
__
Designation:___________________
__
Name and
address:________________
Of Authorized Dealer
:_____________
Stamp
Date:
40
ANNEXURE 2(4)
Consignee
Sr.No. Marks & No.& Kind of pkgs. Statistical Code & Quantity Value FOB
Description of Goods
Container Nos.
Net Weight
Gross Weight
41
EXCHANGE CONTROL DECLARATION (GR) FROM NO.
(Rupees
Custom s Appraiser
Declaration under foreign Exchange Management Act, 1999. I/We hereby declare that I/We
am/are the SELLER/CONSIGNOR of the goods in respect of which this declaration is made
and that the particulars given above are true and that a) the value as contracted with the buyer
is the same as the full export value declared overleaf/ b)* the full export value declared is that
which I/We, having regard to the prevailing market-conditions, expect to receive on the sale of
goods in the overseas market.
I/We undertake that I/We ill deliver to the bank named the foreign exchange representing the
full export value of the goods on or before @______________________________________
in the manner specified in the Regulations under the Act. I/We further declare that I/We a/are
resident in India and I/We have a place of business in India.
I/We* am/are OR am/are not in Caution List of the Reserve Bank of India.
……………………
Date……………….. (Signature of Exporter)
@ State appropriate date of delivery which must be within six months from the date of
shipment, but for exports to warehouses established outside India with the permission of the
Reserve Bank , the date of delivery must be within fifteen months.
42
Date of Currency Credit to Nostro Debit to NR Rupee Account Period of R
Receipt Account in ________ of a Bank in Return with
Country _______________ which the
Country realization
has been
reported to
RBI
In our In the Held with Held with
name name of us *________
*______
1 2 3 4 5 6 7
*(Write the name of the concerned Indian Authorized Dealer Branch) Any other manner of receipt
(Specify)………………………………………..
………………………………………..
(Stamp & Signature of authorized Dealer)
Date …………………………………….
Address……………………………
…………………………………………
………………………………………..
43
ANNEXURE 2(4)
Consignee
Sr.No Marks & No.& Kind Statistical Code & Quantity Value
. of pkgs. Description of FOB
Goods
Container Nos.
Net
Weight
Gross
Weight
44
Total FOB value in words
45
ANNEXURE 2(5)
FORM : PP
EXCHANGE CONTROL
(EXPORTER'S DECLARATION)
ORIGINAL
Form Number:
(Customs Appraiser)
46
2
I/we hereby declare that I/we am/are the *SELLER/CONSIGNOR of the goods in respect of which the declaration is
made and that the particulars given above are true and that *(a) the export value as contracted with the buyer is the
same as the full export value declared above /*(b) the full export value of goods is not ascertainable at the time of
export and that the value declared is that which I/we, having regard to the prevailing market conditions, expect to
receive on the sale of goods in the overseas market.
I/we undertake that I/we will deliver to the bank named above the foreign exchange representing the full export value
of the goods on or before ..................................... in the manner specified in the Regulations made under the
Foreign Exchange Management Act, 1999. I/we further declare that I/we am/are resident in India and I/we have a
place of business in India.
I/we* am/are not in the Caution List of the Reserve Bank of India.
am/are
State approximate date of delivery which must be within six months from the date of shipment.
2) The PP form procedure applies to postal exports to all territories outside India excluding Nepal and Bhutan.
The PP form should be completed in duplicate in all cases.
3) The Original should be submitted by the exporter to the Post Office after having it countersigned by an
authorised dealer in foreign exchange. The Post Office through which the goods have been despatched will
forward the Original to the nearest office of Reserve Bank of India.
4) All documents relating to export of goods from India must be passed through the medium of an authorised
dealer in foreign exchange in India within 21 days of the date of shipment of the goods.
5) The amount representing the full export value of goods must be realised within six months from the date of
shipment.
Note: Government of India/Indian financial institutions may conclude from time to time Special Trade Agreements
with other countries providing for settlement of certain payments from the countries in a specified manner or
for exports to be financed from Government to Government Credits. Reserve Bank will advise authorised
dealers of such arrangements by issue of circulars. Methods of payment specified in the individual
arrangements will have to be followed in such cases.
SPACE FOR USE BY RESERVE BANK OF India
47
FORM : PP
EXCHANGE CONTROL
(EXPORTER'S DECLARATION)
DUPLICATE
Form Number:
1.(a) Name of the Post Office....................................
(b) Number and date of Parcel Receipt..........................
2. Exporter's Name:........................................... (for RBI
3. Importer/Exporter Code No:............................. use)
4. Buyer's/Consignee's Name and address:......................
........................................................................................
5. Country of destination.....................................
6. Nature of contract*(i)CIF/(ii)C&F/(iii)FOB/(iv)Others
Specify): .................................................
7. Date of despatch ..........................................
8. Type of shipment*(i)Outright Sale/(ii)Consignment
Export/(iii)Others (Specify) ..............................
9. Description of goods: .....................................
10. Quantity of goods: Unit ..................... Quantity..............
11. Currency of Invoice.................
[ Tonne/Kilogram/Litre/Cubic Metre/
Sq. Metre/Metre/Number/Others (Specify)]
@ Where the full export 12. Analysis of export value:
value is not Particulars Currency Amount
ascertainable,
value expected on
sale of
goods in the overseas @Full Export value
market may be
shown.
No application for F.O.B. Value
Permission for
remittance/
Deduction from the Freight
Declared value on
account
of agency commission Insurance
and/
or discount will be
Entertained by the Discount (Rate....)
Reserve Bank or
Authorised dealer Agency Commission
unless
these have been (Rate....)
declared
on this form
(Customs Appraiser)
48
2
I/we hereby declare that I/we am/are the *SELLER/CONSIGNOR of the goods in respect of which the declaration
is made and that the particulars given above are true and that *(a) the export value as contracted with the buyer
is the same as the full export value declared above /*(b) the full export value of goods is not ascertainable at the
time of export and that the value declared is that which I/we, having regard to the prevailing market conditions,
expect to receive on the sale of goods in the overseas market.
I/we undertake that I/we will deliver to the bank named above the foreign exchange representing the full export
value of the goods on or before . ................................... in the manner specified in the Regulations made under
the Foreign Exchange Management Act, 1999. I/we further declare that I/we am/are resident in India and I/we
have a place of business in India.
I/we* am/are not in the Caution List of the Reserve Bank of India.
am/are
State approximate date of delivery which must be within six months from the date of shipment.
NOTE: All documents relating to export of goods from India must be passed through the medidum of an authorised
dealer in foreign exchange in India within 21 days of the date of shipment of the goods.
49
3
We certify and confirm that we have received the total amount of ……………………………….. as under being the
proceeds of exports declared on this form. (Currency) (Amount)
(¥ Write the name of the concerned Indian Authorised Dealer branch). Any other manner of receipt (Specify)
…………………………………………………………………………………………………………………………………………………………
…………………………
2. In case the net amount received falls short of the full export value declared on the form for reasons other than
deduction of bank charges, please indicate the authority conferred on the authorised dealers by Reserve Bank
in terms of the Directions issued in this regard or the Reserve Bank of India's approval number and date for
reduction.
50
ANNEXURE 2(6)
SDF
(See Regulation 3(1))
(In duplicate)
I/We hereby declare that I/We am/are the SELLER/CONSIGNOR of the goods in
respect of which thus declaration is made and that the particulars given in the
Shipping Bill No.____________ date _________ are true and that (a)* the value as
contracted with the buyer is the same as the full export value declared in the above
shipping bill (b)* the full export value of the goods is not ascertainable at the time of
export and that the value declared is that which I/We, having regard to the prevailing
market conditions, expect to receive on the sale of goods in the overseas market.
I/We undertake that I/We deliver to the named herein______________. The foreign
exchange representing the full export value of the goods on or before @
__________________ in the manner specified in the Regulations made under the
Foreign Exchange Management Act 1999. I/We further declare that I/We am/are
resident in India and I/We have a place of business in India.
I/We* am/are OR am/are not in Caution List of the Reserve Bank of India.
Date________________ _________________________
(Signature of Exporter)
@ State appropriate date of deliver which must be the due date for payment or
within six months from the date of shipment but for exports to warehouses
established outside India with permission of the Reserve Bank, the date of delivery
must be within fifteen months.
51
2
Date of (i)
negotiation________________________________________
(ii) receipt for collection________________________________
(iii) Bill No.__________________________________________
The SDF Form was included in the Statement sent to Reserve Bank with the
R-Return for the fortnight ending _______________ sent on
__________________
52
** Write the name of the concerned Indian Authorised Branch.
Date _____________________________
Address __________________________
_________________________________
_________________________________
53
ANNEXURE 2(7)
54
55
3
56
ANNEXURE 2(8)
EFC
Application for opening foreign currency account with a bank in India or abroad by
exporters
Instructions :
Documentation :
5. Certified copies of a letter from overseas bank indicating terms and conditions
of the loan/overdraft/line of credit facilities offered.
57
4. In case the account is to be
maintained with a bank outside
India, name and address o the
branch of a bank in India which will
monitor the transactions pout
through the foreign currency
account.
58
ANNEXURE 2(9)
EBW
Address:
Code No.:
The period of ‘R’ Return alongwith which the duplicate GR/PP form was sent
to RBIU may be indicated in this column.
59
Annexure 2(10)
( PART A )
Annual statement to be furnished to Authorised Dealers by exporters
giving details of export performance during the calendar year ended December
31,……….
(Amount in Rs 000s)
Total Export Proceeds Due within the Total Export Proceeds realised within Export proceeds
prescribed period of 180 days or loger the prescribed period of 180 days or prescribed Perio
period as applicable longer period as applicable period
No of GR/SOFTEX/SDF/PP No of GR/SOFTEX/SDF/PP No of GR/SOFTE
Amount Amount Amount
forms due forms due Forms due
Fully Realised
Partly Realised
( PART B )
(Amount in Rs 000s )
Details of Export Bills not Realised Details of Extension /Reduction in Extension/Redu
(partly or fully) within the prescribed invoice value/ write-off by the exporter /write-off
period himself Amount
GR No. Amount Revised due date
Amount date
@
(1) (2)
Total
NOTE: 1) The exporter should approach AD/RBI for extension of time in respect of bills in
Column (3) in PART B.
2)Total of Bills in column.( 2) in PART B should not exceed 10% of those in
Column.1 of PART A
3)From 2005 onwards, Bills in column 1 of PART A will include those which have
been extended for realisation by the
exporter himself or with the approval of AD/RBI.
4)In respect of export bills written off (including reduction in invoice value), evidence
for surrender of export incentives to
be produced.
@ For cases of extension
Exporter’s Signature:
Verified by Authorised Dealer
60