Delay in Application of EO Extension in EPCG Cases to be Condoned

[Ref: Public Notice No. 36/2015-20 dated 25 October 2017]

Effect of the Public Notice: Onetime relaxation for condonation of delay in submission of request for obtaining extension in Export Obligation period under EPCG is being provided.

Sub: -Onetime condonation of time period in respect of obtaining extension in Export Obligation period under EPCG Scheme.

In exercise of powers conferred under Paragraph 2.04 read with Paragraph 2.58 of FTP 2015-20, the Director General of Foreign Trade in Public interest hereby makes the following one time relaxations in procedures in respect of obtaining extension in Export Obligation under EPCG Scheme.

1. As per Para 5.17 (a) of the Hand book of Procedures 2015-2020 "extension in Export Obligation Period of EPCG authorization issued prior to Notification of FTP 2015-20 shall be governed by relevant provisions of HBP Vol 1 applicable on the date of issue of authorization".

2. As per Para 5.17 (c) of the Handbook of procedures 2015-20 "request for extension in Export Obligation Period shall be made to RA within 75 days from the date of expiry of original EO Period".

3. Where the requests for extension in Export Obligation Period (EOP) are received beyond the prescribed time period, the RAs are not able to consider such requests. Many a times, such requests are for regularization of exports already done. A large number of requests for condonation of this period of non-submission within the prescribed time period for obtaining extension in EO Period are received in the DGFT for relaxation. This has caused hardship and delay in closure of the EPCG authorizations. Hence, as a onetime measure in relaxation of procedure, it has been decided that the RAs may consider requests for obtaining extension in Export Obligation period, where requests are received as per the prescribed procedure but have not been considered due to the non-submission within the prescribed period, on payment of additional composition fee of Rs. 5000/- per authorization. Under the facility RAs may also consider the requests that may be received upto 31.03.2018. The EOP extension would be granted as per the relevant provisions of HBP applicable on the date of issue of authorization in continuation of the original/extended expiry period, and would be subject to fulfillment of all other relevant conditions of the FTP and HBP.

4. This facility would not be available in the following cases:

i. Where the EPCG authorization is under investigation/ adjudicated by RA/customs authority/any other investigating agency.

ii. Where the EPCG committee has rejected such extension requests.

iii. The EPCG authorizations issued prior to 1st September, 2004.

iv. Where the installation certificate has not been submitted.