RBI Revises Softex Procedures for Large Exporters – STPI or SEZ/EPZ/EOU or DTA to Certify Revised Excel Sheets

[Ref: A.P. (DIR Series) Circular No. 66 dated 1 January 2013]

Subject: Export of Goods and Services – Simplification and Revision of Softex Procedure at SEZs

Attention of the Authorised Dealer Banks is invited to Regulation 6 of the Notification No. FEMA 23/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Export of Goods and Services) Regulations, 2000, as amended by the Notification No.FEMA.36/2001-RB dated February 27, 2001, in terms of which designated officials of the Ministry of Information Technology/ Ministry of Commerce and Industry(as the case may be), Government of India at the Software Technology Parks of India (STPIs) or at Free Trade Zones (FTZs) or Export Processing Zones (EPZs) or Special Economic Zones (SEZs), had been authorized to certify exports declared through SOFTEX Forms.

2. A revised Softex procedure was first introduced at the 5 designated centres of STPIs from April 1, 2012 vide A.P. (DIR Series) Circular No.80 dated February 15, 2012 and subsequently extended to all STPIs in India vide A.P. (DIR Series) Circular No.47 dated October 23, 2012.

3. It has now been decided to implement the revised Softex procedure at all SEZs/EPZs/100%EOU/DTA also with immediate effect.

4. As per the revised procedure, a software exporter either under STPIs or SEZs/EPZs/100%EOU/DTA, whose annual turnover is at least Rs.1000 crore or who files at least 600 SOFTEX forms annually on all India basis, will be eligible to submit statements in revised excel format sheets as per enclosed Annexures A & B . All other terms and conditions mentioned in the A.P. (DIR Series) Circular No.80 dated February 15, 2012 applicable to exporters of software situated in STPIs would remain unchanged.

5. Authorised Dealers may bring the contents of this circular to the notice of their constituents concerned.

6. The directions contained in this circular have been issued under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

ANNEXURE – A

Format of Softex Forms submitted in bulk

Summary Sheet

Section –A

Name and address of Exporter	Period from & to :
Letter of Permission (LOP) No.(STP/EHTP/SEZ/EPZ/100% EOU/DTA Unit)	Date of LOP issued :
Name of Authorised Datacom Service Provider	IEC Code :
Name and Address of Authorised Dealer/Bank	Authorised Dealer Code :

Section - B

List of Invoices for offshore export value through datacom/link

Period of Invoices raised from ______________ to _______________

Sr. No.

Softex No.

Name of the Client

Address of the Client

Country

Currency

Invoice Number

Invoice Date (DD/MM/YY)

Internal project code/ Contract Agreement No. & Date

Type of S/W Exported

(RBI Distinct Code) Ex 906 to 911 then specify

Offshore Export Value in Foreign Currency (Invoice Amt)

Section – C

Declaration by Exporter

I/We hereby declare that I/we am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/We also declare that the software has been developed and exported by using authorized and legitimate datacom links.

I/We undertake that I/We will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before ___________ (i.e. within six months from the date of invoice/ date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999 Place :

Date:

Name:

Designation:

Stamp

Signature of the Exporter

Space for use of the Competent Authority in STPI/EPZ/SEZ

*1. Certified that the software described above was actually transmitted and the export value declared by the exporter has been found to be in order and accepted by us.

*2. Certified on the basis of above declaration by the SEZ unit that the software described above and the export value declared by the exporter has been found to be in order and accepted by us.

Place :

Date :

Name :

Designation :

Stamp

Signature of the Designated Official of STPI/EPZ/SEZ

* Strike out which is not applicable

ANNEXURE – B

Format of Softex Forms submitted in bulk for royalty receipt

Summary Sheet

Section –A

Name and address of Exporter	Period from & to :
Letter of Permission (LOP) No.(STP/EHTP/SEZ/EPZ/100% EOU/DTA Unit)	Date of LOP issued :
Name of Authorised Datacom Service Provider	IEC Code :
Name and Address of Authorised Dealer/Bank	Authorised Dealer Code :

Section - B

List of Invoices for offshore export value through datacom/link

Details of invoices for Royalty on software Packages/products exported during the period raised from to ______________

Sr. No.

Softex No.

Name of the Client

Address of the Client

Country

Currency

Invoice Number

Invoice Date (DD/MM/YYYY)

Unique Internal project code/ Contract Agree-ment / PO Date

Offshore Export value in Invoice currency

Type of Software Exported

Details of Software Packages/ Products exported-

GR/SDF/PP/ SOFTEX Form No. on which exports were declared

Date of Export

Royalty agreement details -

% and amount of royalty

Period of Royalty agreement

Mode of realisation of Royalty value

Calculation of Royalty amount

Section – C

Declaration by Exporter

Place :

Date :

Name :

Designation :

Stamp

Signature of the Exporter

Space for use of the Competent Authority in STPI/EPZ/SEZ

*1. Certified that the software described above was actually transmitted and the export value declared by the exporter has been found to be in order and accepted by us.

*2. Certified on the basis of above declaration by the SEZ unit that the software described above and the export value declared by the exporter has been found to be in order and accepted by us.

Place:

Date:

Name:

Designation :

Stamp

Signature of the Designated Official of STPI/EPZ/SEZ

Money Transfer Activities under MTSS -