Return Procedure for SCOMET Goods Streamlined
[DGFT Public Notice No. 63/2015-20-DGFT
dated 18 February 2020]
Effect of this Public Notice: The proforma of
Undertaking in the form of Legal Agreement is being notified to ensure the
monitoring of return of SCOMET items allowed to be exported for the purpose of
repair/ replacement /demo/ display/ exhibition/ tender/ RFP/RFQ/ NIT.
Subject:- Proforma of Undertaking in the form of Legal Agreement for grant
of permission for export/re-export of items under SCOMET Control List for repair/replacement
and display/exhibition/tender purposes.
In exercise
of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP) 2015-20,
the Director General of Foreign Trade (DGFT) hereby notifies the proforma of Undertaking, in the form of Legal Agreement, to
bring back the SCOMET items, within the stipulated period (or extended time allowed),
exported temporarily (wherever applicable) for the purpose of repair/replacement/demo/
display/ exhibition /tender/RFP/RFQ/ NIT in terms of Public Notice No.
36 dated 27.09.2019 and Public Notice
No. 50 dated 27.12.2019, under para 2.79 of the Handbook of Procedures (HBP)
of the Foreign Trade Policy
(FTP) 2015-20, as amended from time to time, with immediate effect.
2. The requirement
of an Undertaking to bring back the SCOMET item(s), within the stipulated period
(or extended time allowed) controlled under SCOMET Control List, is illustrated
as under:
|
Purpose |
Relevant Para of HBP |
Items covered |
Relevant Public Notice No. & date |
|
Export for Repair/ replacement |
2.79C (A) |
Authorisation for export of imported SCOMET items for repair/return |
|
|
Re-export after repair/replacement in India |
2.79C (B) |
Authorisation for re-export of indigenous SCOMET items after
repair/replacement |
|
|
Export for Demo/Display/ exhibition/ tender on temporary basis |
2.79D(A) |
Issue of export authorisation for demo/ display/ exhibition/tender
etc. of SCOMET items |
3. The Undertaking
in prescribed proforma is to be filled by the applicant
exporters, duly signed in ink and stamped by the authorised
signatory of the company and submitted alongwith online
application with DGFT (Hqrs). In case of any additional
sheet used alongwith the Undertaking, the same must be
signed by the same person who signs the Undertaking. The Legal Undertaking shall
be executed on the stamp paper of Rs. 200/- (as modified
/ amended from time to time). The return of SCOMET item(s) shall be intimated by
the applicant exporter in the annexed proforma (Annexure-l)
alongwith relevant documents
[Issued from F.No.01/91/180/18/AM-17/EC]
APPENDIX – 2AA
Legal Undertaking
(For Export/Re-export of SCOMET items)
To
The President
of India
(acting through the Director General of Foreign Trade (which expression
shall be deemed to include the Joint Director General of Foreign Trade/Deputy Director
General of Foreign Trade)
Ministry of
Commerce, Udyog Bhavan, New
Delhi – 110011.
This DEED
Agreement made on _____________________day of _______month _________year between
__________, (full expanded name of the Exporter with complete address and IEC no.)
hereinafter referred to as party which expression shall be deemed to his/her heirs,
executors/ administrators, legal representatives/ successors.
AND
The President
of India (hereinafter referred to as the Government which expression shall include
his successors in office and assigns)
The party
undertakes that it intends to export/re-export the SCOMET items as described in
Table 1 below subject to compliance of relevant conditions as laid down in the Handbook
of Procedures (HBP):
Table 1 [Details*
of the SCOMET items to be exported)
|
S. No. |
Item description |
Description as per Bill of Entry (BoE) (if applicable) |
SCOMET Cat. sub Cat. |
ECCN No.
of foreign country (if applicable) |
Qty. |
#BoE No. & Date (if appli cable) |
Comm-ercial Invoice No. (if appli-cable) |
|
1. |
|||||||
|
2. |
* In case
of more number of items, a separate sheet may be annexed.
# In case
of more number of items in one BoE, proper referencing of the item need to be provided
/highlighted.
I. Specific
Conditions :
[Condition
set (A) or (B) or (C), as applicable’
A. For Export/Re-export
of SCOMET items on return basis in terms of Public Notice No.
36/2015-20 dated 27.09.2019 (as amended)
(i) The SCOMET items as in Table 1 above were imported from_______________________
(Name of original supplier and country name), and are being exported to______________________(Name, address and country of original supplier or OEM or OEM
authorised vendor) for repair/replacement on found being
defective.
(ii) To abide
by the terms and conditions prescribed in Public Notice No.
36/2015-20 dated 27.09.2019 for export of imported SCOMET items for repair/replacement;
(iii) To re-import
SCOMET items within the stipulated period of time (90 days) of its export or as
may be allowed by DGFT as per the conditions of SCOMET policy in terms of Public Notice No.
36/2015-20 dated 27.09.2019 on written request of the party;
(iv) That the items
that are meant for repair/replacement in the …………………………. (Name of the entity, country)
shall not be transferred or disposed off without prior
permission of the DGFT;
(v) That the
repair/replacement of defective items for various reason(s) is allowed under the
terms and conditions of the Purchase Order / Service Agreement/Contractual Agreement
signed between …………. (name of entities);
(vi) That
there is no change/s made to the specifications of these SCOMET items after import
in India and the items are being exported for repair/replacement without any value
addition;
(vii) That,
in case the defective /damaged item(s) cannot be imported back due to any reason
(beyond repair, testing failure analysis etc.), evidence of destruction in the importing
country shall be submitted within 90 days of its export;
(viii) That,
in case time beyond 90 days is required for repair of imported defective/damaged
item(s) the defective /damaged item(s) before re-import, permission from DGFT (Hqrs) shall be obtained in advance indicating detailed justification
for seeking extension of time;
B. For Re-export of indigenous SCOMET items after repair/replacement
in terms of Public Notice No.
36/2015-20 dated 27.09.2019 (as amended)
(i) The SCOMET item(s) as in Table 1 above were exported to __________________________
(Name of ultimate end user and country name), and brought back to India on being
found defective. The items are being re-exported after repair/replacement to ___________________
(name of foreign entity);
(ii) To abide
by the terms and conditions prescribed in Public Notice No.
36 dated 27.09.2019 for re-export of indigenous SCOMET items after repair/replacement.
(iii) That
there has been no change/s made to the original characteristics/specifications of
these SCOMET items after repair/replacement and the items are going back without
any value addition.
(iv) That
the repair/replacement is allowed under the terms and conditions of the Purchase
Order / Service Agreement/ Contractual Agreement signed between ……………. (name of Entities);
(v) That the
defective/damaged item(s) has/have already been brought back or would be brought
back to India within 90 days of its replacement (in case of replacement, if applicable)
(vi) That, in case
the defective /damaged item(s) cannot be imported due to any reason (beyond repair,
testing failure analysis etc.), evidence of destruction in the importing country
shall be submitted within 90 days of export of replacement.
C. For Export
of SCOMET item(s)
on temporary basis (for demo/display/exhibition/tenders/ RFP/RFQ/NIT purposes) in
terms of Public Notice No.
50/2015-20 dated 27.12.2019 (as amended)
(i) The SCOMET item(s) as in Table 1 above are being exported
to _______________(country) for demo/ display/exhibition/Tenders/RFP/RFQ/NIT purpose(s)
(whichever is applicable)during the period from______ to ________.
(ii) To abide
by the terms and conditions prescribed in DGFT’s Public Notice No.
50/2015-20 dated 27.12.2019 for export of SCOMET items for demo/display/exhibition/Tenders/
RFP/ RFQ/NIT purpose;
(iii) That
the exported item(s) will be in the custody of the party or any person/ entity authorised by the party during the entire period of export;
(iv) There shall not
be any commercial transaction in the form of selling/buying/renting/leasing;
(v) There
shall not be any exchange/disclosure of information which could lead to transfer
of technology;
(vi) That the items
will not be re-exported/re-transferred to any other destination without prior consent/approval
of DGFT, Govt. of India;
(vii) To bring
the exported SCOMET items back to India immediately after the completion of event;
II. General
Conditions
(i) To intimate the return of the repaired / replaced / damaged
/ defective exported SCOMET items (whichever is applicable) or item(s) exported
for demo/display/exhibition etc. purposes to DGFT (Hq)
within 30 days from the date of import, alongwith BoE
and export license of foreign country (if applicable) in the proforma annexed to the Public Notice No. 63 dated 18.02.2020
(ii) To abide
by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as
amended from time to time, the Rules and Orders framed there under, the Foreign
Trade Policy, the Handbook of Procedure, the ‘Appendix 3’ to Schedule 2 of ITC (HS)
Classification of Export and Import Items and Custom Act, 1962.
(iii) That
notwithstanding any right Government may have against the party in any form and
notwithstanding any dispute raised by the party in any form, the Government’s written
demand to the party shall be final and binding.
(iv) That nothing in
this Agreement shall debar the Government from modifying the said SCOMET policy
from time to time and/or from implementing any such modified policy as if it is
in force at the date of this Agreement.
IN THE WITNESS
THEREOF the party hereto has duly executed this agreement on this ______________day
___ of____ year___ signed, sealed and delivery by the party in the presence of:
Signature______________
Designation______________
(Full and expanded description of the party with residential address)
Witnesses:
(1) Name and Address
Occupation
Signature
(2) Name and Address
Occupation
Signature
Date:
Place:
(To be authenticated/affirmed by 1”
Class Magistrate/Notary Public)
Accepted by me on behalf of the President of India
Asstt. DGFT/Foreign Trade Development Officer
Annexure-I
Letter of confirmation) for the return of SCOMET items
Reference
No:
Dt : dd/mm/yyyy
To
Director General Foreign Trade,
SCOMET Cell
DGFT (Hqrs.)
Udyog Bhavan, New Delhi
Subject:- Post reporting requirement- Letter of confirmation for
return of SCOMET items
Dear Sir,
I/We, __________ (company name), _____________ (complete address),
had obtained SCOMET export authorization for export of imported SCOMET items on
return basis vide SCOMET authorisation No._________ dated_____________ in terms
of Part A of Public Notice No.
36/2015-20 dated 27.09.2019 (as amended) .
Or
I/We,__________ (company name),_____________ (complete address),
had obtained SCOMET export authorization for re-export of indigenous SCOMET items
vide SCOMET authorisation No. ____________ dated _________________ in terms of Part B of Public Notice No.
36 dated 27.09.2019 (as amended).
Or
I/We,__________ (company name),______________ (complete address),
had obtained SCOMET export authorization for export of SCOMET items for temporary
purposes (demo/display/exhibition/tender)…………………. vide SCOMET authorisation No.
_____________ dated _______________ in terms of Part A of DGFT’s Public Notice No.
50 dated 27.12.2019 (as amended)..
2. As per the conditions of DGFT’s relevant Public Notice No.
………….. dated,
I/We hereby confirm the following:
(i) that items permitted vide SCOMET Export Authorisation No._______________
dated __________ has/have been returned to India from_____________ (company, country)
on______________ (date) are illustrated in the Table 1 below
Or
(ii) that defective/damaged item(s) permitted vide SCOMET Export Authorisation
No. _____________ dated
_________________ has/have been brought back
to India from__________ (company, country) on _________________ (date) are illustrated in the Table 1 below
Table 1 [Details
of return of the SCOMET item(s)]
Export Authorisation
No.____________________ dated____________ DGFT(Hq) File No. ……..
|
S. No. |
Item descri-ption |
SCOMET Cat./sub |
ECCN No.
of foreign country (if |
Qty. |
#BoE No.
& Date (if appli
cable) |
Description
as per Bill of Entry (BoE) (if
applicable) |
In voice No. (if appli cable) |
|
1. |
|||||||
|
2. |
3. The following
documents are attached for information:
i. Bill of Entry
ii. Invoice No.
iii. Other
relevant documents
Kindly acknowledge.
Signature
Date:
Place :
AUTHORISED
SIGNATORY
Name (in capital
letters only):__________
Designation: __________
Complete office address :_______
Telephone number (with ISD code):__________ or
Mobile No.:_________ Fax No with STD Code.: ________ (if any)
Email:________
Company Stamp
Note:
1To be submitted
by the Indian exporter on the letterhead of the company duly signed in ink and stamped
by the authorised signatory