No Clubbing of Gems and Jewellery Exports
from SEZ/EOU with DTA Export
[DGFT Public Notice No. 37 dated 4th
October 2016]
Effect of this Public
Notice: With this amendment, the export performance of Gems
and Jewellery items from SEZ/EOU units shall not be clubbed with export
performance from DTA units of any IEC holder for grant of Nominated Agency
Certificate and accordingly changes in Para 4.94(a)(i),
4.94(a)(ii) and ANF-4I are also carried out.
Sub: Amendment in Para 4.94(a)(i), 4.94(a)(ii) and ANF-4I of Hand Book of Procedures
2015-20.
In exercise of powers
conferred under Paragraph 1.03 of the Foreign Trade Policy 2015-2020, as
amended from time to time, the Director General of Foreign Trade makes the
following amendments in Hand Book of Procedures 2015-2020:
2. The existing Para 4.94(a) (i)
is amended to read as under:
Four Star Export House
(status on the basis of exports made only of Gems & Jewellery Sector
items excluding export performance from SEZ/EOU units, if any) and
Five Star Export House (excluding export performance of Gems and Jewellery
items from SEZ/EOU units, if any) may apply to the concerned Regional
Authority online in ANF 4-I for issue of Nominated Agency Certificate.
Applicant shall upload a self-attested copy of the valid Status Holder
Certificate issued under FTP 2015-2020.
3. The existing Para 4.94(a)(ii) is
amended to read as under:
On the date of
application for renewal of Nominated Agency Certificate, the Status Certificate
must be valid for next financial year also. Secondly, applicant should also be
eligible to qualify to be recognized as Four Star Export House (based on the
export of gems and jewellery sector items excluding export performance
from SEZ/EOU units, if any) / Five Star Export House(excluding export
performance of Gems and Jewellery items from SEZ/EOU units, if any) on the
date of application. In other words, Regional Authority shall reassess the
eligibility of status holder based on export performance before issuing /
renewing the Nominated Agency Certificate.
4. The existing ANF-4I is amended and revised
ANF-4I is annexed with this Public Notice.
ANF- 4I
Application for Issue of Nominated Agency
Certificate (NAC) / Renewal of Nominated Agency Certificate
[Please see guidelines given at the end before
filling the application online]
Part A
|
1 |
IEC
No. |
|
Branch
Code |
|
|
2 |
Application
for (please tick) |
Grant
of fresh Nominated Agency Certificate |
Renewal
of Nominated Agency Certificate |
|
|
(i) Date of issue of Nominated Agency Certificate: (ii)
Expiry date (in case of request is for renewal of NAC): |
|
|
|
3 |
Ecom. Reference |
Submission
Date |
Submitted
To |
RA
File No |
RA
File Date |
|
|
|
|
|
|
|
4 |
Cate
o of Status Certificate held (Please tick) Four Star Export House / Five Star
Export House |
|
|
Number
of Status Certificate |
|
|
Date: |
|
|
Validity: |
|
5. |
Nature of concern
(Please tick mark) |
|
I |
Merchant Exporter |
|
ii |
Manufacturer Exporter |
|
iii |
Service Provider |
|
iv |
Merchant cum
Manufacturer |
|
v |
Others Please specify |
|
6 |
RCMC
Number |
Date |
Issuing Authority |
Validity
Period |
Products
for which registered |
|
|
|
|
|
|
|
7 |
Application
Fee details - Sr. No. |
Receipt/Electronic
Fund Transfer No. / Credit Card |
Name
of the Bank Branch |
Pay
Mode |
Date |
Amount
(in Rs.) |
|
|
|
|
|
|
|
|
8 |
Excise
Registration Number |
Address
of the jurisdictional Central Excise Authority under whose jurisdiction the
factory / premises situated. |
Address
of the factory / premises where the items to be imported are proposed to be
used |
|
|
|
|
Part B
|
9.
Details of Exports / Deemed Exports / Foreign Exchange earned (
excluding export performance of Gems and Jewellery items from SEZ/EOU units,
if any) during preceding licensing years and current year (i.e. year
in which application is filed), duly certified by CA/ICWA/CS in annexure
attached. |
||
|
Sr |
Year
(Please specify the year) |
Exports
(in USD) |
|
i |
Current
Year |
|
|
ii |
Previous
Year 1 |
|
|
iii |
Previous
Year 2 |
|
|
iv |
Previous
Year 3 |
|
|
v |
Previous
Year 4 |
|
|
vi |
Previous
Year 5 |
|
Declaration / Undertaking
I / We
hereby declare that:
1. l/We have not been
penalized under any of the following Acts (as amended from time to time): (i) The
Customs Act, 1962, (ii)
The Central Excise Act 1944, (iii) Foreign Trade (Development & Regulation)
Act 1992, and (iv) The Foreign Exchange Management Act, 1999; (v) The
Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974
B.
2. The particulars and
the statements made in this application are true and correct to the best of
my/our knowledge and belief and nothing has been concealed or held there from
and if found incorrect or false will render me/us liable for any penal action
or other consequences as may be prescribed in law or otherwise warranted.
3. l/We
would abide by the provisions of the Foreign Trade (Development and Regulation)
Act, 1992, the Rules and Orders framed there under, the Foreign trade Policy,
the Handbook Procedures and the ITC(HS) Classification of Export & Import
Items as well as RBI and Customs guidelines, as amended from time to time, as
applicable to Nominated Agencies.
4. None of the
Proprietor/ Partner(s) / Director(s) / Karta / Trustee of the firm / company,
as the case may be, is / are a Proprietor / Partner(s) I Director(s) / Karta /
Trustee in any other firm / Company which has come to the adverse notice of
DGFT or in the caution list of RBI to the best of my knowledge.
5. that I/we have
perused the list of SCOMET items as contained in the Appendix 3 to
the Schedule 2 of the ITC (HS) Classifications of Export-Import
Items, and that the item(s) exported / proposed to be exported does not fall
within this list and that l/ We agree to abide by the provisions of the Policy
for export of SCOMET items contained in the Foreign Trade Policy, Schedule 2 of
ITC (HS) and the HBP, irrespective of the scheme under which the item is
exported I proposed to be exported (the underlined portion will be deleted in
case an application for export license for SCOMET item is being filed).
6. no
export proceeds are outstanding beyond the prescribed period as laid down by
RBI or such extended period for which RBI permission has been obtained.
7. that
l/We have updated the IEC profiles in ANF-1
8. that
I/we have not included the export performance of Gems and Jewellery items from
SEZ/EOU units.
9. I am authorised to
verify and sign this declaration as per Paragraph 9.06 of
the FTP.
Place:
Date:
Signature of the Applicant
Name
Designation
Official Address
Telephone
Residential Address
Email
Address
Guidelines For Applicants
[Please see paragraph 4.41 of FTP and 4.94 of HBP]
1 Application shall be filed online using
digital signature only.
2. RCMC details need not be given if the same has
already been updated in ANF-1.
3. Please upload following documents:
a. Self certified copy
of valid Status Holder Certificate.
b. Annexure-I to ANF 4I.
c. Export performance of Gems and Jewellery
items from SEZ/EOU units to be excluded for calculating eligibility for
Nominated Agency Certificate.
d. Relevant half yearly return(s), if applicable,
as per the format given in Appendix 4-O for the period April to September /
October to March
Annexure to ANF 4I
CERTIFICATE OF CHARTERED ACCOUNTANT (CA) / COST
ACCOUNTANT (ICWA)/ COMPANY SECRETARY (CS)
I / We hereby confirm
that I / We have examined prescribed registers and also relevant records of
M/S….. ....having IEC Number …... for licensing period (s) ….....and hereby
certify that:
1. Following documents /
records have been furnished by applicant firm / company and have been examined
and verified by me / us namely: - a. Statutory documentations under Customs Act
1962 and Excise Act 1848, Service Tax Act, Foreign Trade (Development
& Regulation) Act 1992; b. Export Order / Contract, Shipping Bills, Bill of
Lading (and / or Airways Bills / PP Receipts), Customs / Bank attested
Invoices, Forward Inward Remittance Certificates (FIRCs) and Bank Certificates
of exports and realization, GR declaration and connected books of accounts; c.
FIRCs, Certificate from international credit card companies.
2. Information given by
applicant firm / company in ANF-4I is in agreement with FTP 2015-20, as
amended, and rules and procedures made there under, relevant register and
records and books of accounts maintained by M/S……….. and
their subsidiaries and is also true and correct.
3. That export performance of Gems and Jewellery
items from SEZ/EOU units has not been included for calculating the eligibility
for Nominated Agency Certificate.
4. It has been ensured
that a. Information furnished is true and correct in all respects; no part of
it is false or misleading and no relevant information has been concealed or
withheld; b. In respect of export of goods, a shipment can counted in
applicants export turnover / performance only if the realization of export
proceeds from overseas is in the applicant's bank account. c. In respect of
service providers, realization of export proceeds in free foreign exchange
pertains to rendering of services.
5. Neither l, nor any of
my / our partners is a partner, director, or an employee of above-named entity,
its Group companies or its associated concerns;
6. If any of documents
of record mentioned in serial number (i) have not
been maintained / furnished, examined or verified, they may please be specified
below:-
Place:
Date:
Signature of CA/ ICWA / CS:
Name of the Signatory:
Membership No:
Address:
e-mail Address: