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Foreign Trade Policy December 2018
Transcript
Page 1: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Foreign Trade Policy

December 2018

Background

Indiarsquos Foreign Trade Policy 2015-20 was announced on 1st April 2015 with the objective to supportmanufacturing and service sectors with special emphasis on improving ease of doing business in the countryThis five year foreign trade policy introduces new schemes for exporters of India including the MerchandiseExports from India Scheme (MEIS) and Service Exports from India Scheme (SEIS) Special focus on tradefacilitation is also one of the features of Foreign Trade Policy of India 2015-20 The Ministry of Commerce andIndustry undertook a mid-term review of the FTP post which a revised FTP 2015ndash20 was released on 5December 2017 The highlights included 24x7 Customs clearance facility for all types of bills of entry increasedMEIS and SEIS rates for specified products and a new Self Ratification Scheme

The objective of this toolkit is to help investors understand the Export ndashImport landscape in India as a ready touse reference toolkit with information on the existing ecosystem (including key stakeholders includingGovernment and supporting agencies) various schemes and applicable governance and legislative frameworkprocesses and procedures to start trading in India including setting up business and application processes toavail various incentives under MEIS SEIS and other schemes The toolkit also covers details on existing tradefacilitation agencies in India and mechanisms for grievance dispute redressal in India Some excerpts of theForeign Trade Policy are also provided

Readers are suggested to use this toolkit as a reference guide and refer to various links for useful websites anddocuments for further reading

Abbreviations

AA Advance Authorization

ANF Aayat Niryat Form

ASEAN Association of South- East Asian Nations and

other Allied Activities

ACD Additional Custom Duty

ASIDE Assistance to States for Developing Export Infrastructure

BCD Basic Customs Duty

BOA Board of Approval

BTP Bio-Technology Park

CAPEXIL Chemical and Allied Export Promotion Council of India

CBEC Central Board of Excise and Customs

CCI Chamber of Commerce and Industry

CDDO Cheque Drawing and Disbursing Officer

CEPA Comprehensive Economic Partnership Agreement

CIN Corporate Identification Number

CITD Capacity Building Initiative for Trade Development

CVD Countervailing Duty

DBK Drawback schedule

DEPB Duty Entitlement Passbook Scheme

DFRC Duty Free Replenishment Certificate

DGAD Directorate General Of Anti- Dumping and Allied Duties

DGCIampS Directorate General CommerceIntelligence and Statistics

DGFT Directorate General of Foreign Trade

DGSampD Director General of Supply and Disposal

DIN Director Identification Number

DIPP Department of Industrial Policy ampPromotion

DOC Department of Commerce

DPIN Designated Partnership IdentificationNumber

DTA Domestic Tariff Area

ECB External Commercial Borrowing

EHTP Electronic Hardware Technology Park

EOU Export Oriented Unit

EPCG Export Promotion of Capital Goods

EPZ Export Processing Zone

EXIM Export Import

Abbreviations

FIEO Federation of Import Export Organisation

FOB Free on Board

FTWZ Free Trade and Warehousing Zones

GATS General Agreement on Trade in Services

GOI Government of India

IEC Import Export Code

IPCS Institute Peace and Conflict Studies

ITC (HS) Indian Trade Classification based on Harmonised System

Of Coding

LAC Latin American and Caribbean

LCS Land Customs Station

LLPIN Limited Liability Partnership Identification Number

LOC Letter of Credit

MERCOSUR South American Trade Bloc

MEIS Merchandise Export from India Scheme

NAFTA North American Free Trade Agreement

PAN Permanent Account Number

PSU Public Sector Undertaking

PTA Preferential Trade Agreement

RCMC Registration cum Membership Certificate

ROO Rules of Origin

SAD Special Additional Duty

SAFTA South Asian Free Trade Area

SEIS Services Exports from India Scheme

SEZ Special Economic Zone

SPS Sanitary and Phytosanitary measures

STA Special Trade Agreement

STC State Trading Corporation of India (Ltd)

STEs State Trading Enterprises

TBT Technical Barriers to Trade

TRIPS Trade Related Aspects of Intellectual

Property Rights

VAT Valued Added Tax

WTO World Trade Organisation

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 2: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Background

Indiarsquos Foreign Trade Policy 2015-20 was announced on 1st April 2015 with the objective to supportmanufacturing and service sectors with special emphasis on improving ease of doing business in the countryThis five year foreign trade policy introduces new schemes for exporters of India including the MerchandiseExports from India Scheme (MEIS) and Service Exports from India Scheme (SEIS) Special focus on tradefacilitation is also one of the features of Foreign Trade Policy of India 2015-20 The Ministry of Commerce andIndustry undertook a mid-term review of the FTP post which a revised FTP 2015ndash20 was released on 5December 2017 The highlights included 24x7 Customs clearance facility for all types of bills of entry increasedMEIS and SEIS rates for specified products and a new Self Ratification Scheme

The objective of this toolkit is to help investors understand the Export ndashImport landscape in India as a ready touse reference toolkit with information on the existing ecosystem (including key stakeholders includingGovernment and supporting agencies) various schemes and applicable governance and legislative frameworkprocesses and procedures to start trading in India including setting up business and application processes toavail various incentives under MEIS SEIS and other schemes The toolkit also covers details on existing tradefacilitation agencies in India and mechanisms for grievance dispute redressal in India Some excerpts of theForeign Trade Policy are also provided

Readers are suggested to use this toolkit as a reference guide and refer to various links for useful websites anddocuments for further reading

Abbreviations

AA Advance Authorization

ANF Aayat Niryat Form

ASEAN Association of South- East Asian Nations and

other Allied Activities

ACD Additional Custom Duty

ASIDE Assistance to States for Developing Export Infrastructure

BCD Basic Customs Duty

BOA Board of Approval

BTP Bio-Technology Park

CAPEXIL Chemical and Allied Export Promotion Council of India

CBEC Central Board of Excise and Customs

CCI Chamber of Commerce and Industry

CDDO Cheque Drawing and Disbursing Officer

CEPA Comprehensive Economic Partnership Agreement

CIN Corporate Identification Number

CITD Capacity Building Initiative for Trade Development

CVD Countervailing Duty

DBK Drawback schedule

DEPB Duty Entitlement Passbook Scheme

DFRC Duty Free Replenishment Certificate

DGAD Directorate General Of Anti- Dumping and Allied Duties

DGCIampS Directorate General CommerceIntelligence and Statistics

DGFT Directorate General of Foreign Trade

DGSampD Director General of Supply and Disposal

DIN Director Identification Number

DIPP Department of Industrial Policy ampPromotion

DOC Department of Commerce

DPIN Designated Partnership IdentificationNumber

DTA Domestic Tariff Area

ECB External Commercial Borrowing

EHTP Electronic Hardware Technology Park

EOU Export Oriented Unit

EPCG Export Promotion of Capital Goods

EPZ Export Processing Zone

EXIM Export Import

Abbreviations

FIEO Federation of Import Export Organisation

FOB Free on Board

FTWZ Free Trade and Warehousing Zones

GATS General Agreement on Trade in Services

GOI Government of India

IEC Import Export Code

IPCS Institute Peace and Conflict Studies

ITC (HS) Indian Trade Classification based on Harmonised System

Of Coding

LAC Latin American and Caribbean

LCS Land Customs Station

LLPIN Limited Liability Partnership Identification Number

LOC Letter of Credit

MERCOSUR South American Trade Bloc

MEIS Merchandise Export from India Scheme

NAFTA North American Free Trade Agreement

PAN Permanent Account Number

PSU Public Sector Undertaking

PTA Preferential Trade Agreement

RCMC Registration cum Membership Certificate

ROO Rules of Origin

SAD Special Additional Duty

SAFTA South Asian Free Trade Area

SEIS Services Exports from India Scheme

SEZ Special Economic Zone

SPS Sanitary and Phytosanitary measures

STA Special Trade Agreement

STC State Trading Corporation of India (Ltd)

STEs State Trading Enterprises

TBT Technical Barriers to Trade

TRIPS Trade Related Aspects of Intellectual

Property Rights

VAT Valued Added Tax

WTO World Trade Organisation

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 3: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Abbreviations

AA Advance Authorization

ANF Aayat Niryat Form

ASEAN Association of South- East Asian Nations and

other Allied Activities

ACD Additional Custom Duty

ASIDE Assistance to States for Developing Export Infrastructure

BCD Basic Customs Duty

BOA Board of Approval

BTP Bio-Technology Park

CAPEXIL Chemical and Allied Export Promotion Council of India

CBEC Central Board of Excise and Customs

CCI Chamber of Commerce and Industry

CDDO Cheque Drawing and Disbursing Officer

CEPA Comprehensive Economic Partnership Agreement

CIN Corporate Identification Number

CITD Capacity Building Initiative for Trade Development

CVD Countervailing Duty

DBK Drawback schedule

DEPB Duty Entitlement Passbook Scheme

DFRC Duty Free Replenishment Certificate

DGAD Directorate General Of Anti- Dumping and Allied Duties

DGCIampS Directorate General CommerceIntelligence and Statistics

DGFT Directorate General of Foreign Trade

DGSampD Director General of Supply and Disposal

DIN Director Identification Number

DIPP Department of Industrial Policy ampPromotion

DOC Department of Commerce

DPIN Designated Partnership IdentificationNumber

DTA Domestic Tariff Area

ECB External Commercial Borrowing

EHTP Electronic Hardware Technology Park

EOU Export Oriented Unit

EPCG Export Promotion of Capital Goods

EPZ Export Processing Zone

EXIM Export Import

Abbreviations

FIEO Federation of Import Export Organisation

FOB Free on Board

FTWZ Free Trade and Warehousing Zones

GATS General Agreement on Trade in Services

GOI Government of India

IEC Import Export Code

IPCS Institute Peace and Conflict Studies

ITC (HS) Indian Trade Classification based on Harmonised System

Of Coding

LAC Latin American and Caribbean

LCS Land Customs Station

LLPIN Limited Liability Partnership Identification Number

LOC Letter of Credit

MERCOSUR South American Trade Bloc

MEIS Merchandise Export from India Scheme

NAFTA North American Free Trade Agreement

PAN Permanent Account Number

PSU Public Sector Undertaking

PTA Preferential Trade Agreement

RCMC Registration cum Membership Certificate

ROO Rules of Origin

SAD Special Additional Duty

SAFTA South Asian Free Trade Area

SEIS Services Exports from India Scheme

SEZ Special Economic Zone

SPS Sanitary and Phytosanitary measures

STA Special Trade Agreement

STC State Trading Corporation of India (Ltd)

STEs State Trading Enterprises

TBT Technical Barriers to Trade

TRIPS Trade Related Aspects of Intellectual

Property Rights

VAT Valued Added Tax

WTO World Trade Organisation

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

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Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

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Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 4: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Abbreviations

FIEO Federation of Import Export Organisation

FOB Free on Board

FTWZ Free Trade and Warehousing Zones

GATS General Agreement on Trade in Services

GOI Government of India

IEC Import Export Code

IPCS Institute Peace and Conflict Studies

ITC (HS) Indian Trade Classification based on Harmonised System

Of Coding

LAC Latin American and Caribbean

LCS Land Customs Station

LLPIN Limited Liability Partnership Identification Number

LOC Letter of Credit

MERCOSUR South American Trade Bloc

MEIS Merchandise Export from India Scheme

NAFTA North American Free Trade Agreement

PAN Permanent Account Number

PSU Public Sector Undertaking

PTA Preferential Trade Agreement

RCMC Registration cum Membership Certificate

ROO Rules of Origin

SAD Special Additional Duty

SAFTA South Asian Free Trade Area

SEIS Services Exports from India Scheme

SEZ Special Economic Zone

SPS Sanitary and Phytosanitary measures

STA Special Trade Agreement

STC State Trading Corporation of India (Ltd)

STEs State Trading Enterprises

TBT Technical Barriers to Trade

TRIPS Trade Related Aspects of Intellectual

Property Rights

VAT Valued Added Tax

WTO World Trade Organisation

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 5: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 6: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Ecosystem MappingGovernment bodies and agencies involved

Dissects and analyses information on Indiarsquos trade performance with focus on improvement of exports

Deals with international trade in tea coffee rubber and notifiedspices Also implements statutory and policy framework forproduction development and marketing of related commodities

Is responsible for matters related to agriculture NAMA disputes andrules SPS TBT TRIPS environment labour amp services tradefacilitation wrt functions of WTO amp international bodies

Deals with trade promotion policy negotiation amp other relatedactivities with regions amp countries (Africa NAFTA Latin AmericaEurope ASEAN etc)

Facilitates amp promotes exports in agriculture marine leather amp sportsgoods gems amp jewellery engineering goods etc

Deals with appointments for various positions maintenance of service records fixation of pay and grantof leave gratuity etc for Gazetted and Non-gazetted Officers

Preparation amp monitoring of budget of the Department of Commerce advice and review of financialexpenditure monitoring of schemes release of grants etc

Cadre management administration vigilance policies amp procedures relating to purchase inspections amppayments etc

Responsible for export and market development assistance tradefinance implementation amp monitoring of lsquoAssistance to States forDeveloping Export Infrastructure and other Allied Activities (ASIDE)rsquomatters related to EPZs EOUs etc

Ministry of Commerce and Industry

International Trade Policy Division

Foreign Trade Territorial Division

Export Products Division

Export Industries Division

Export Services Division

Economic Division

Administration amp General Service Division

Finance Division

Supply Division

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 7: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Ecosystem MappingGovernment bodies and agencies involved

Responsible for implementing FTP with the aim of promoting exports DGFT also issues licenses to exporters and monitors their obligations All ROs provide facilitation to exporters wrt International Trade ie WTO agreements Rules of Origin and anti-dumping issues etc Website httpdgftgovin

DIRECTORATE GENERAL OF FOREIGN TRADE (DGFT)

Functions as the executive arm of the Supply Division of the Department of Commerce for conclusion of Rate Contracts for common user items procurement of stores etc

DIRECTORATE GENERAL OF SUPPLIES AND DISPOSALS

(DGSD)

Responsible for carrying out investigations and recommending where required under the Customs Tariff Act the amount of anti-dumping duty countervailing duty on the identified articles as would be adequate to remove injury to the domestic industry

DIRECTORATE GENERAL OF ANTI-DUMPING AND

ALLIED DUTIES (DGAD)

Entrusted with the work of collecting compiling and publishing disseminating trade statistics and various types of commercial information required by the policy makers researchers importers exporters traders and overseas buyers

DIRECTORATE GENERAL OF COMMERCIAL

INTELLIGENCE amp STATISTICS(DGCIampS)

The payment amp accounting of Supply Division including those of DGSampD are performed by the Office of Chief Controller of Accounts (Supply Division) under the Departmentalized Accounting System Payment to suppliers are made through this organization at New Delhi Kolkata Mumbai and Chennai

PAY AND ACCOUNT OFFICE (SUPPLY COMMERCE AND

TEXTILES)

The main objectives of the SEZ is generation of additional economic activity promotion of exports of goods and services promotion of investment from domestic and foreign sources creation of employment opportunities along with the development of infrastructure facilities

SPECIAL ECONOMIC ZONES

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 8: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Ecosystem MappingSupporting Agencies PSUs handling EXIM

Undertakes exports imports of a diverse range of items tofrom countries all over the world Also monitors counter trade commitments against Government purchases and import of technical and scientific equipment on behalf of Forensic Science Laboratories Paramilitary Organisations etc

STATE TRADING CORPORATION (STC)

Created in 1963 as an independent entity on separation from State Trading Corporation of India Ltd primarily to deal in exports of minerals and ores and imports of non-ferrous metals MMTC also imports and export various other items like steel diamonds bullion agro hydrocarbon etc

An export promotion organization seeking to improve the competitiveness of the Indian exports by providing them with credit insurance covers It manages credit risks through insurance covers for exporters as well as banks worthiness analysis of buyers bankers countries etc

EXPORT CREDIT GUARANTEE

CORPORATION OF INDIA LIMITED

A premier trade promotion agency of India and acts as a catalyst for growth of Indiarsquos trade through participation in Indian and international trade fairs supporting in access to market for SMEs dissemination of trade information for e-commerce etc

INDIA TRADE PROMOTION

ORGANISATION

METALS amp MINERALS TRADING CORPORATION

OF INDIA(MMTC)

Deals with export of projects engineering equipment amp manufactured goods defence equipment amp stores import of industrial raw materials bullion and agro commodities diversification in export of non-engineering items edible oils steel scraps etc and structuring counter trade special trading

PEC LIMITED

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 9: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Ecosystem MappingSupporting Agencies Autonomous bodies

Responsible for development of the marine products industry with special reference to exports Its focus area includes facilitating enhanced export of marine products from the country

MARINE PRODUCTS EXPORT DEVELOPMENT

AUTHORITY

Actively engaged in development of markets and up gradation of infrastructure to promote export of agro products Provides financial assistance to the registered exporters It supervises export promotion of 14 agricultural and processed food product groups listed in the Schedule to the APEDA Act

5 statutory Commodity Boards under the Department of Commerce are responsible for production development and export of tea coffee rubber spices and tobaccoCOMMODITY BOARDS

Role of EIC is to ensure that products notified under the Export (Quality Control and Inspection) Act 1963 are meeting the requirements of the importing countries in respect of their quality and safetyEXPORT INSPECTION

COUNCIL(EIC)

AGRICULTURAL amp PROCESSED FOOD

PRODUCTS EXPORT DEVELOPMENT AUTHORITY

Indian Institute of Plantations Management Indian Institute of Packaging amp Indian Institute of Foreign Trade are set up as autonomous institutions by the Ministry of Commerce Rstablished for education research training development and consultancy to the industry and agencies in these sectors

EDUCATION amp RESEARCH INSTITUTES

EEPC India is the premier trade and investment promotion organization in India It is sponsored by the Ministry of Commerce amp Industry It is an advisory body that actively contributes to the policies of Government of India and acts as an interface between the engineering industry and the Government

ENGINEERING EXPORT PROMOTION COUNCIL

(EEPC)

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 10: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

5

7

3

4

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 11: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of specific categories of goods bull Import of samples bull (a) No Authorisation shall be required for Import of bonafide technical and trade samples of items restricted in ITC (HS)

except vegetable seeds bees and new drugs Samples of tea not exceeding INR 2000 (CIF) in one consignment shall be allowed without an Authorisation by any person connected with Tea industry

bull (b) Duty free import of samples upto INR 300000 for all exporters shall be allowed as per terms and conditions of Customs Notification

bull Re ndash import of goods repaired abroad ndash Capital goods equipment components parts and accessories whether imported or indigenous except those 42

restricted under ITC (HS) may be sent abroad for repairs testing quality improvement or upgradation or standardization of technology and re-imported without an Authorisation

bull Import of goods used in projects abroad ndash Project contractors after completion of projects abroad may import without an Authorisation goods including capital

goods used in the project provided they have been used for at least one year bull Import Policy for Second Hand Goods

Category Conditions

i Personal computers laptops including refurbished re-conditioned spares

ii Photocopier machines Digital multifunction Print amp Copying Machines

iii Air conditioners

iv Diesel generating sets

Restricted ( Importable against authorization)

Refurbished re-conditioned spares of Capital Goods Free (Subject to production of Chartered Engineer

certificate to the effect that such spares have at

least 80 residual life of original spare)

All other second hand capital goods other than (a) amp (b) above Free

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 12: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of restricted goods An application for grant of an Authorisation for import or export of items mentioned as lsquoRestrictedrsquo in ITC (HS) may be made to RA with a copy to DGFT Hqrs in ANF 2M along with documents prescribed therein Original application along with Treasury Receipt (TR) Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA

Restricted item Authorisation may be granted by DGFT or any other RA authorised by him in this behalf

Import of Restricted Items Required by Hotels Restaurants Travel Agents Tour Operators and other Specified Categories bull Hotels including tourist hotels recognised by Director General of Tourism Government of India or a State Government shall

be entitled to import Authorisation upto a value of 25 of foreign exchange earned by them from foreign tourists during preceding licensing year for import of essential goods related to hotel and tourism industry

bull Travel agents tour operators restaurants and tourist transport operators and other units for tourism like adventure wildlife and convention units recognized by Director General of Tourism Government of India shall be entitled to import authorisation up to a value of 10 of foreign exchange earned by them during preceding licensing year for import of essential goods which are restricted for imports related to travel and tourism industry including office and other equipmentrequired for their own professional use

bull Such imported goods may be transferred after 2 years with permission of DGFT No permission for transfer will be required in case the imported goods are re-exported However re-export shall be subject to all conditionality or requirement of licence or permission as may be required under Schedule II of ITC (HS)

bull An application for grant of an Authorisation to be made in ANF 2 M to DGFT through Director of Tourism Government of India who will forward application to RA concerned along with their recommendations

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 13: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Excerpts from FTP 2015-20Special cases Exports amp imports

Source Updated FTP 2015-20

Import of Restricted items for RampD by units of Government

All restricted items and items permitted to be imported by STEs except live animals required for RampD purpose may be imported without an Authorisation by Government recognized Research and Development units

Import for export a) Goods imported in accordance with FTP may be exported in same or substantially the same form without an

Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS)

bull (b) Goods including capital goods (both new and second hand) may be imported for export provided

ndash Importer clears goods under Customs Bond

ndash Goods are freely exportable ie are not ldquorestrictedrdquo ldquoprohibitedrdquo subject to ldquoexclusive trading through State

Trading Enterprisesrdquo or any conditionality requirement as may be required under Schedule 2 ndash Export Policy of the

ITC (HS)

ndash Export is against freely convertible currency

bull (c) Goods in (b) above will include lsquorestrictedrsquo goods for import (except lsquoprohibitedrsquo items)

bull Export of repaired goods ldquoGoods or parts thereof except restricted under ITC (HS) on being exported and found defective

damaged or otherwise unfit for use may be imported for repair and subsequent re-export Such goods shall be allowed

clearance without an Authorisation and in accordance with customs notification unless imported exclusively for undertaking

root cause analysis testing and evaluation purpose

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 14: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 15: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Duties and GST- Applicability to International Trade

GST- Imports Import of goods into India is treated as interstate supply Therefore IGST is levied on import of goodsAfter introduction of GST CVD and SAD have been replaced with Integrated Goods and Service Tax IGSTIGST and Basic Customs Duty are the main components in determining the total import duty payable to customs at the time of Import of Goods into IndiaIn imports IGST is computed on transaction value of imported goods plus duties and taxes etc charged under any statute other than the GST Law

GST- ExportsExports are treated as zero rated supplies No tax will be payable on exports of goods or services however credit of input taxcredit will be available and same will be available as refund to the exporters

Duties Applicable to ImportsBasic Customs DutyAdditional Duty of customsAntidumping DutyTariff DutySafeguard DutyIGST Levy

These duties are not applicable to all imports

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 16: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 17: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes MEIS amp SEIS

a) MEISb) SEIS

Duty exemption Schemesa) Advance Authorization Annual Advance Authorizationb) Duty Free Import Authorization

Raw materials amp inputs

Allows duty free import of raw materials for export production

Export Promotion Capital Goods Scheme (EPCG Scheme)Capital Goods amp

Machinery

Allows duty free import of machinery amp equipment for export production amp services

Finished GoodsDuty Credit scrips are provided against exports that can be used to pay duties taxes

SEZs EOUs FTWZsInternational

Markets

TED exemptions refund for DTAs

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 18: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Merchandise Export Import Scheme

Introduced to reduce costs to promote manufacturing for export of goods

The scrips can be used for payment of Customs duties for import of inputs or goods Excise duties on domestic procurement of inputs or goods including capital goods payment of custom duties and fee as per paragraph 318 of new FTP

Link httpdgftgovinsitesdefaultfilesft17-051217pdf

These Scrips canrsquot be used for payment of any type of GST They are freely transferrable used for import of those listed in appendix 3A or for domestic procurement (without exception for appendix 3A items) or for payment of service tax on procurement of services

Can be claimed by

The company Firm which has realized foreign exchange

Supporting manufacturer (subject to disclaimer from the companyfirm who has realized foreign exchange)

While Non-SEZ units should apply to Regional Authority DGFT SEZEOUs should apply to concerned Development Commissioner SEZ to avail these benefits

These incentives are for export of notified goods with ITC(HS) Code

The basis of calculation of the reward would be the lesser of FOB value of exports in free foreign exchange or FOB value of exports as given in Shipping Bills in free foreign exchange

The reward rate mat be 2 3 or 5 depending on the product amp group of country as listed

An application for claiming rewards under MEIS on exports shall be filed online using digital signature on DGFT website with RA concerned in ANF 3A The relevant shipping bills and e BRC shall be linked with the on line application

The scrips cannot be utilized for payment of Integrated Tax and Compensation Cess Similarly scrips cannot be used for payment of CGST SGST or IGST for domestic procurement

httpdgftgovinExim2000PNPN15pn0215pdfhttpdgftgovinexim2000MEISMEIS070317pdfhttpdgftgovinExim2000PNPN17Public20Notice204220Englishpdf

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 19: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Service Export Import Scheme

Service providers having minimum net free foreign exchange earnings of US$15000 (for Individual Service

Providers and sole proprietorship it is

US$10000 ) in preceding financial year are eligible for Duty Credit Scrip

If the IEC holder is a manufacturer of goods as well as service provider then the foreign exchange earnings and Total expenses payment remittances shall be taken into account for service sector only

Scrips are freely transferrable and can be used for import of any item except those listed in appendix 3A

of appendices and ANF or for domestic

procurement (without exception for

appendix 3A items) or for payment of service tax on procurement of

services Duty free credit scrips are of 3

or 5

In order to claim reward under the scheme service

provider shall have to have an active

Importer Exporter Code at the time of

rendering such services for which

rewards are claimed

List of items not allowed

httpdgftgovinexim2000APPANFS2015pdf (Appendix 3A)

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 20: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

MEIS

List of additional products added in September 2016 can be accessed through httpdgftgovinExim2000PNPN16PN3216_Engpdf

List of ineligible categories include Supplies made from DTA units to SEZ units export of imported goods exports through trans-shipment deemed Exports SEZ EOU EHTP BTP FTWZ products exported through DTA units export products subject to Minimum export price or export duty exports made by units in FTWZ

Steps for online application httpdgftgovinexim2000MEIShelppdf

For MEIS amp SEIS

Applicant shall have option to choose Jurisdictional RA on the basis of Corporate Office Registered Office Head Office Branch Office address endorsed on IEC This option will be exercised at the beginning of financial year

For details on respective Jurisdiction for MEIS and SEIS refer to para 306 of FTP (page no 90)

Duty credit scrip needs to be registered at the port of exports

Duty Credit Scrip issued on or after 01012016 shall bevalid for a period of 24 months from the date of issue Revalidation of DutyCredit Scrip shall not be permitted unless specified in the HBP

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 21: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Additional Points

Legislative amp governance framework Schemes MEIS amp SEIS (contd)

For MEIS amp SEIS

ED paid in cash or through debit under Duty Credit scrip shall be adjusted as CENVAT Credit or Duty Drawback as per DoR rules or notifications

BCD paid in cash or through debit under Duty Credit scrip shall be adjusted for Duty Drawback as per notifications by DoR

Transfer of export performance from one IEC holder to another IEC holder shall not be permitted

Can be claimed by supporting manufacturer (along with disclaimed by main company) or by company (which has realized foreign exchange directly from overseas)

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 22: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Duty ExemptionRemission scheme These Schemes enable duty free import of inputs for export production including replenishment of input or duty

remission There are two types duty exemption amp duty remission

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty E

xem

pti

on

Sch

emes

A

A

Duty free import (exempted from paymentof Basic Customs Duty IGST is payable) ofinputs including fuel oil catalyst which isphysically incorporated or supports in thefinal export product IGST can claimed as acredit to pay for domestic duties or claimedas a refund in proportion to the exportsmade

contracted duration of project execution or 12 months from thedate of issue of Authorisation whichever is more Revalidation of 6months possible on approval by the RA

Advance Authorisation is issued for inputs in relation to resultantproduct on the basis of(i) Standard Input Output Norms (SION) notified(ii) Self declaration as described in 407 of HBP(iii) Applicant specific prior fixation of norm by the NormsCommittee(iv) On the basis of Self Ratification Scheme of Para 407A of FTP

AA shall be issued forbull Physical export (including export to SEZ)bull Intermediate supplybull Supply of goods to EOU STP EHTP BTP capital goods against

EPCG authorization marine freight containers-manufacturers by100 EOU according to custom rules

bull Supply of lsquostoresrsquo on board of foreign going vessel aircraftsubject to condition that there is specific SION for item supplied

Special case for spices amp pharma products a) Spices Covered under Chapter-9 of ITC (HS) shall bepermitted only for activities like crushing grinding sterilization manufacture of oils or oleoresinsb) Pharmaceutical products manufactured through Non-Infringing (NI) process (as indicated inparagraph 418 of Handbook of Procedures) shall be issued to manufacturer exporter only

bull It can be issued to a manufacturerexporter or merchant exporter tied tosupporting manufacturer

bull Minimum value addition should be 15except in case of gems and jewellery andtea

bull The importer has to fulfil exportobligations within 18 months normallywith certain exceptions of shorter orlonger durations

bull Validity period for import of AA is 12months from the date of issue ofAuthorisation and co-terminus with

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 23: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

A

A

Advance Authorisation for annualrequirement shall only be issued for itemsnotified in SION not available in case ofadhoc norms on self-declaration or thosementioned in Appendix 4J of the FTP

Eligibilitybull Exporters with past export performance

(in at least preceding 2 financial years)bull Entitlement in terms of CIF value of

imports shall be up to 300 of the FOBvalue of physical export and or FORvalue of deemed export in precedingfinancial year or Rs 1 crore whichever ishigher

Import of Mandatory Spares Those required to be exported supplied with the resultant product shall be permitted duty free to theextent of 10 of CIF value of Authorisation

Ineligible categories of import on Self Declaration basis Vegetable edible oils cereals spices other than light black pepper and more asdescribed in section 411 of FTP and ITC(HS) book

Actual user condition under AA a) AA and or material imported under AA not transferable even aftercompletion of export obligation Authorisation holder can dispose ofproduct manufactured out of duty free input once export obligation iscompletedb) Waste scrap arising out of manufacturing process as allowed canbe disposed off on payment of applicable duty even before fulfilmentof export obligation

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 24: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Duty exemption remission schemes (contd)

Du

ty E

xem

pti

on

Sch

emes

D

FIA

Duty Free Import Authorisation Similar toAA but issued on post export basis for goodsincluded in SION

bull Importer exempted only from payment ofBCD while ED is adjusted as CENVAT creditas per DoR

bull Minimum value addition should be 20or as mentioned Not applicable for rawsugar

bull Export shall be completed within 12months from the date of online filing ofapplication and generation of file number

Eligibilitybull Issued on post export basis for products

for which SION have been notifiedbull Merchant Exporter required to mention

name and address of supportingmanufacturer of export product on theexport document viz Shipping Bill Airway Bill Bill of Export ARE-1 ARE-3

bull Application to be filed with concerned RAbefore effecting export under DFIA

bull No Duty Free Import Authorisation shall be issued for an input which is subjected to pre-import condition or where SION prescribe lsquoActual Userrsquo condition or Appendix-4J prescribes pre import condition for such an input

Additional points

a) Separate DFIA shall be issued for each SION and each port

b) Exports under DFIA shall be made from from a single port

c) Regional Authority shall issue transferable DFIA with a validity of 12

months from the date of issue

e) Some sensitive items require exporters to provide declaration wrt

technical characteristics (Section 430 of FTP)

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 25: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Duty exemption remission schemes (notes)

Du

ty E

xem

pti

on

Sch

em

es

A

A amp

DFI

A

a) No export or import of an item under AADFIA if the item is prohibited unless specialconditions are mentionedb) Items reserved for imports by STEs canrsquotbe imported unless against Advance ReleaseOrder invalidation letter NOCs sale ofgoods from STEs to AA holdersc) Restricted items can be imported underAA DFIA

Goods exported under AA DFIA may be re-imported in same orsubstantially same form subject to such conditions as may be specifiedby DoRAuthorisation holder shall also inform about such re-importation to theRegional Authority which had issued the Authorisation within onemonth from date of re-import

Domestic sourcing of inputsa) Holder of an AA DFIA can procure inputsfrom indigenous supplier STE in lieu ofdirect import against Advance Release Order(ARO) Invalidation Letter etcb) When domestic supplier intends to obtainduty free material for inputs through AA forsupplying resultant product to another AADFIA EPCG Authorisation RA shall issueInvalidation Letterc) AA holder under DTA procure inputs fromSEZ units without ARO or Invalidation Letterd) Validity of ARO Invalidation Letter shallbe co-terminous with validity ofAuthorisation

Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation bull Importers would need to pay IGST and take input tax credit as

applicable under GST rulesbull imports under Advance Authorisation would continue to be

exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 26: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Duty exemption remission schemes

Du

ty R

emis

sio

n S

chem

es

Duty Drawback (DBK) Scheme administeredby Department of Revenue enables postexport replenishment remission of duty oninputs used in the export product

Duty remission schemes consist of(a) DFRC (Duty Free Replenishment

Certificate) It permits duty freereplenishment of inputs used in theexport product

(b) DEPB (Duty Entitlement PassbookScheme)

Drawback of dutiesbull BCD only if CENVAT was takenbull BCD + ED if CENVAT was not taken like in

case of SSI exempted goodsbull Duty drawback schedule

httpwwwcbecgovinresourceshtdocs-cbeccustomsdbk-schduledbk-sch2016pdf

bull No ITC of IGST CGSTbull No refund of IGST

As of 2017 Changes in drawback ruleshttpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ22-2017cspdf

httpwwwcbecgovinresourceshtdocs-cbeccustomscs-circularscs-circulars-2017circ23-2017cspdf

bull Under the GST regime no exemption from payment of Integrated GST and Compensation Cess would be available for imports under Advance Authorisation

bull Importers would need to pay IGST and take input tax credit as applicable under GST rules

bull imports under Advance Authorisation would continue to be exempted from payment of Basic Customs Duty Additional Customs Duty

bull Applicable GST would need to be paid while making local procurement using an invalidation letter of Advance Authorisation DFIA Recipient of goods can take Input Tax Credit (ITC) of the GST paid on such local procurement This Input Tax Credit can be utilized as per GST rules

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 27: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Export Promotion Capital Goods Scheme

EPC

G S

chem

e

Makes imports of capital goods cheaper for export promotion Importers would need to pay IGST and take input tax credit

as applicable under GST rules

bull ARO facility shall not be available for sourcing of Capital Goods manufactured indigenously

bull Restricted goods for imports and exports shall be allowed after approval from Exim Facilitation Committee (EFC) at DGFT

Headquarters and Exim Facilitation Committee at DGFT Headquarters respectively

bull Export obligation equivalent to 6 times of duty saved to be fulfilled in 6 years (extendable by 2 years) from date of issue

of Authorization

bull The Authorization is valid for import for 18 months from the date of issue of Authorization RA of DGFT has certain

powers to revalidate

Eligibilitybull Manufacturer exporters with or without supporting manufacturer(s) merchant exporters tied to supporting

manufacturer(s) and service providersbull Name of supporting manufacturer(s) shall be endorsed on the EPCG authorisation before installation of the capital goods

in the factory premises of the supporting manufacturer(s)bull Service provider who is designated certified as a Common Service Provider (CSP) by the DGFT or State Industrial

Infrastructural Corporation in a Town of Export Excellence subject to provisions of FTP HBP

Capital goods include Capital Goods as defined in Chapter 9 of FTP including in Completely Knocked Down Semi Knocked Down condition thereofComputer software systems spares moulds dies jigs fixtures tools amp refractories for initial lining and spare refractories catalysts for initial chargeplus one subsequent charge project Imports notified by Central Board of Excise and Customs (second hand goods and plants and power generatorsets of any kind excluded)

bull The CG imported can be used for domestic production also

bull EPCG holder can procure CG part of CG from DTA

bull The DTA supplier is also eligible for duty exemption drawback as applicable

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 28: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Deemed exports

01

Applicable for transactions in which goods supplied do

not leave country and payment for such supplies is

received either in Indian rupees or in free foreign

exchange

02

Supply of goods against Advance Authorisation Advance Authorisation for annual requirement DFIA

03

Supply of goods to EOU

STP EHTP BTP

04

Supply of capital goods

against EPCG Authorisation

05

Supply of marine freight containers by 100 EOU (Domestic freight containers-manufacturers) provided containers are exported out of India within 6 months or period as permitted by customs

06

Supply installation of goods amp equipment (single responsibility of turnkey contracts) to projects financed by multilateral or bilateral Agencies as notified by Department of Economic Affairs (DEA) MoF

07

Supply of goods to projects financed by multilateral or bilateral Agencies Funds as notified by Department of Economic Affairs

08

Others as mentioned in FTP

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 29: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Schemes Deemed exports

Benefits as per Hand Book of Procedures Aayat Niryat Form-7A and GST

a) AA AA for annual requirement DFIA The duty exemption benefits would be limited to exemption from basic custom duty

only

b) Deemed Export Drawback The drawback would be limited to the refund of basic custom duty only In respect of eligible items

covered under Schedule 4 of Central Excise Act 1944 refund would also be covered under the drawback provided the item is

eligible for such supply

c) Refund of terminal excise duty if exemption is not available

d) Exemption on duties on CG used for manufacturing EPCG scheme

e) The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central

Excise Act 1944 provided the items are eligible under the Advance Authorization

bull Advance Authorization benefits under Duty exemption remission schemes shall be available for supplies under deemed

exports

bull The exemption for items under Central Excise would be available for the items which continue under Schedule 4 of Central Excise

Act 1944 provided the items are eligible under the Advance Authorization

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 30: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Legislative amp governance framework Acts

The Foreign Trade (Development amp

Regulation) Amendment Act 2010

bull To provide a framework for development amp regulation of foreign trade by facilitating imports into the country and taking measures to increase exports from India It empowers the government to make provisions through policies to fulfil its objectives

The Marine Product Export Development Authority Act 1972

bull An Act to provide for the establishment of an authority for the development of the marine products industry

Export Quality Control Inspection Act 1963

bull An Act to provide for the sound development of the export trade of India through quality control and inspection and for matters connected therewith

Special Economic Zone 2005

bull An Act to provide for the establishment development and management of SEZs for the promotion of exports through simplification of procedures and single window clearance on matters relating to Central and State governments along with incentives to promote domestic manufacturing

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 31: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 32: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresMandatory documents to export-import

bull As per DGFTrsquos notification dated June 2015 only three documents are mandatory for export and import The documents

required are as follows

bull For more details on the notification visit the website httpdgftgovinExim2000NOTNOT15note-0815pdf

Man

dat

ory

do

cum

en

ts

The exporters and importers however have the option of filing separate Commercial Invoice and lsquoPacking List also if they so desire

Shipping Ministry has also done away with the requirement of Terminal Handling Receipt and has made the process online

Customs have merged Commercial Invoice with the Packing List and have issued a Circular for accepting Commercial Invoice cum Packing List that incorporates required details of both documents

RBI has done away with Foreign Exchange Control Form (SDF) by incorporating declaration in Shipping Bill (for exports) amp and dispensing with Foreign Exchange Control Form (Form A-1) (for imports)

To improve lsquoEase of Doing Businessrsquo in India the number of mandatory documents for export and import has been reduced from eleven to three documents respectively

S No

EXPORTS IMPORTS

1 Bill of Lading Airway Bill Lorry Receipt RailwayReceiptPostal Receipt

Bill of Lading Airway Bill Lorry Receipt RailwayReceipt Postal Receipt in form CN-22 or CN 23

2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List

3 Shipping BillBill of Export Postal Bill of Export Bill of Entry

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 33: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

BCD levied under Section 12 of Customs Act It is levied as a percentage of value as determined under Section 14(1) of the Customs Act called the assessable value It is mostly at 10 except on agri Products 75 on capital goods 5 on projects 2 on minerals etc

Instrument of fair competition which is permitted by WTO to rectify trade distortive effect of dumping It is levied to protect domestic industry from cheap imports of goods

SD is applicable on certain goods at the time of import for specified periods in order to check their excessive imports which may be injurious to the Indian industry

Imposed to protect domestic industry from imports If the Tariff Commission issues a recommendation for Protective Duty the central government may impose this at a rate not exceeding as directed by the Commission The government can specify period up to which it will remain in force and adjust the effective rate

At present it is levied only on hides skins and leather snake skins fur lamb skins certain specified minerals and metals Depending on the economic scenario export duty is levied on the goods to discourage exports

To access link to duty calculator an interactive application designed by the Central Board of Excise amp Customs visit httpswwwicegategovinWebappl

ProcessesProceduresDuties amp levies Different types

Basic Customs Duty (BCD)

Anti Dumping Duty

Safeguard duty (SD)

Protective duty (PD)

Export duty(ED)

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 34: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresDuties amp levies Different types

Integrated GST now applicable in case of interstate supply IGST credit can be used to pay CGST SGST

Imports In place of Countervailing Duty (CVD) Special Additional Duty (SAD) to countervail excise and sales tax IGST is applicable on total assessable value

Input Tax Credit applicable on IGST but not on BCD

Total import value with BCD = Assessable value + BCD ( of Assessable value) + Education cess ( of BCD) + Additional duties if applicable (safeguard antidumping duty of BCD)

Total value of imports including all duties = Total import value with BCD + IGST ( of Total import value with BCD) + compensation cess if applicable of (Assessable value + BCD+ education cess)

GST on inputs (domestic or imported) to be paid no exemption

GST paid for inputs can be claimed as refund under Section 96A of CGST rules

Refund = (Zero rated supplies x Net Input Tax Credit) Adjusted Total Turnover

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 35: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

1

4

3

2

Obtain an Importer Exporter Code by filing an application through Ayaat Niryaat form 2A to the Regional Authority DGFT IEC is a unique 10 digit code ( same as the applicantrsquos PAN number)

5 Cover risks through Export Credit Guarantee Corporation Ltd through an appropriate policy

Open current account with bank authorized in foreign exchange

Incorporation of company Set up a sole proprietary concern partnership firm company

Registration cum membership certificate To avail concessions must obtain RCMC from EPCs FIEO Commodity Boards

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 36: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

Setting up of a company

GoI has outlined guidelines for registration of a company These can be accessed at the web portal of Ministry of Corporate Affairs (httpwwwmcagovinMinistryV2RegisterNewComphtml) A new company may be registered by filing on line form INC-29 available at httpwwwmcagovinMCA21dcadownloadeformseformTemplatesNCAForm_INC-29zip This is a single application form for integrated approval of registration of name of the company incorporation application for allotment of DIN and application for allotment of DSC This e-form is accompanied by supporting documents including details of Directors amp subscribers MoAand AoA etc

Opening of a bank account

Details of the same are attached in the annexure- 3 as per the type of entity

PAN card and IEC

To apply for a PAN card please visit the website of the Income Tax Department through the following link httpswwwtin-

nsdlcom

IEC httpdgftgovinexim2000iec_anfieconlnapplformhtm

RCMC

Visit the website of Federation of Indian Exports Organisation (FIEO) through the following link

httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ECGC

For details of various schemes available to exporters amp importers visit the website of httpswwwecgcinportal

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 37: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Setting up of a company

Steps detailed out in a Annexure Ministry of Corporate Affairs

20-25 days

Opening up of a bank account

Details mentioned in Annexure 3 2 days

PAN Card The applicant completes Form 49A (statutory form for applying for PAN) pays the due fees of INR 93 (plus applicable taxes currently at 1236) either online or otherwise and submits the application form together with proof of identity proof of address and 2 recent photographs to the authorized agentdesignated service centres for verification

Private agencies authorized by UTI or NSDL as outsourced by the Income Tax Department(Federal)

7-10 days

IEC Application can be filed manually and submitting form in the office of Regional Authority (RA) of DGFT Alternatively an application for e-IEC may be filed online in ANF 2A on payment of application fee of INR 500 to be paid online through net banking or creditdebit card Documents details required to be uploaded submitted along with the application form are listed in the Application Form (ANF 2A) Forms neededFresh IECa) Digital Photograph (3x3cms) of the Signatory Applicant b) Copy of PAN cardc) Bank Certificate or cancelled bearing applicant entities nameIEC will be now same as PAN card of the entity httpdgftgovinexim2000TNTN17TN0918pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 38: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

Proprietorship bull Digital Photograph (3x3cms) of the Proprietor bull Copy of PAN card of the Proprietor bull Copy of Passport (first amp last page)Voterrsquos I-Card Driving

LicenceUID (Aadhaar card) (any one of these) bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A(I) Cancelled Cheque bearing pre-printed name of applicant and AC No

Partnership firm bull Digital Photograph (3x3cms) of the Managing Partner Copy of PAN

card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhaar Card)

Driving LicencePAN (any one of these) of the Managing Partner signing the application

bull Copy of Partnership Deed bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2A (I)Cancelled Cheque bearing pre printed name of the applicant entity and AC No

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 39: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

LLP firm Government Undertaking Public Limited Company PrivateLimited Company Section 25 Companybull Digital Photograph (3x3cms) of the Designated PartnerDirector of

the Company signing the applicationbull Copy of PAN card of the applicant entitybull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Managingbull PartnerDirector signing the applicationbull Certificate of incorporation as issued by the RoCbull Sale deed in case business premise is self-owned or Rental Lease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificate as per ANF 2 A(I)Cancelled Cheque bearing pre-printed

Registered Society Trustbull Digital Photograph (3x3cms) of the signatory applicantSecretary or

Chief Executive bull Copy of PAN card of the applicant entity bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar Card)

Driving Licence PAN (any one of these) of the Secretary or Chief Executive Managing Trustee signing the application

bull Sale deed in case business premise is self-owned or RentalLease Agreement in case office is rented leased or latest electricity telephone bill

bull Registration Certificate of the Society Copy of the Trust Deedbull Bank Certificate as per ANF 2A(I)Cancelled Cheque bearing pre-

printed name of the Registered Society or Trust and AC No

httpdgftgovinexim2000iec_anfapp2pdf

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 40: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

Process Steps and forms needed Whom to contact No of days

HUFbull Digital Photograph (3x3cms) of the Karta bull Copy of PAN card of the Karta bull Copy of Passport (first amp last page)Voterrsquos I-Card UID (Aadhar card)

Driving Licence (any one of these) of the Karta bull Sale deed in case business premise is self-owned or RentalLease

Agreement in case office is rented leased or latest electricity telephone bill

bull Bank Certificatey as per ANF 2A(I) Cancelled Cheque bearing preprinted name of applicant and AC No

RCMCbull An IEC is a mandatory pre-requisite to applying for RCMCbull An RCMC can applied for at the relevant export promotion council or

at FIEO (The Federation of Indian Export Organisations) through httpwwwntradeinFIEONewLoginaspxEPCID=EP012

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 41: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresSetting up an EXIM unit in India

IEC Number Exempted Categories

bull IEC is compulsory for import and or exports However the following categories of importers or exporters are exempted from

obtaining IEC

bull Importers covered by clause 3(1) [except sub- clauses (e) and (l)] and exporters covered by clause 3(2) [except sub-clauses (i) and

(k)] of Foreign Trade (Exemption from application of Rules in certain cases) Order 1993

bull Ministries Departments of Central or State Government

bull Persons importing or exporting goods for personal use not connected with trade or manufacture or agriculture

bull Persons importingexporting goods fromto Nepal Myanmar (through Indo-Myanmar border areas) and China (through Gunji

Namgaya Shipkila and Nathula ports) provided that the CIF value of single consignment of importexport of goods fromto Nepal

and Myanmar (through Indo-Myanmar border areas) does not exceed Indian INR 25000- and in the case of China (a) for

importexport of goods through Gunji and Namgaya Shipkila CIF value of single consignment does not exceed Indian INR

100000-and (b) for importexport of goods through Nathula CIF value of single consignment does not exceed INR 200000-

(amended vide Public Notice No 72015-20 dated 1st May 2015)

bull Further exemption from obtaining IEC shall not be applicable for export of Special Chemicals Organisms Materials Equipments

and Technologies (SCOMET) as listed in Appendix - 3 Schedule 2 of ITC (HS)

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 42: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process MEIS SEIS

For other than Export of goods through courier or foreign post offices using e-Commerce filed

online using digital signature on DGFT website at

httpdgftgovin with RA concerned in ANF 3A

For exports through EDI ports hard copy of documents need

not be submitted to RA (applications to DGFT EDI

shipping bills e-BRC and RCMC The applicant shall submit the proof of landing along with it

For non EDI ports submit export promotion copy of non EDI

shipping bills Also submit proof of landing as prescribed under

paragraph 303 of HBP Hard copy of applications to DGFT

need not be submitted

Applicant shall file separate application for each port of

export

Processing of Non EDI Shipping bills at RA In cases the shipping bills not

received through the Message Exchange from Customs concerned

RA shall verify the details from original bills before grant of scrip

For EDI Shipping Bill no manual feeding of Shipping bill details shall be allowed to the applicants in the

online system Rewards will be granted by RAs without the need for

cross verifying EDI Shipping Bill details

RA shall process the electronically acknowledged files

and scrip shall be issued after due scrutiny of electronic

documents

For SEIS application filed online for a financial year on annual basis in ANF 3B using digital

signature RA shall process the application received online after

due scrutiny

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 43: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Duty exemption remission amp EPCG

Application for grant of AA AA for Annual Requirement DFIA filed

online (digitally signed) by IEC holder to the concerned

jurisdictional Regional Authority as per Appendix 1A Applicant could be

either Registered office or Head office or a branch office or a

manufacturing unit of the IEC holder

Applicant shall upload documents as prescribed in ANF 4A if any at the time of online filing of application No physical copy of application is

required to be submitted to Regional Authority

In case an applicant is not able to upload any document as given in

Appendix 4E electronically for fixation of adhoc norms

standardization of norms then only such documents may be submitted in physical form to the concerned

Norms Committee in DGFT headquarters

EPCG An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 44: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

Units undertaking to export their entire production of goods and services (except permissible sales in DTA) may be set up underthe Export Oriented Unit (EOU) Scheme Electronics Hardware Technology Park (EHTP) Scheme Software Technology Park (STP)Scheme or Bio-Technology Park (BTP) Scheme for manufacture of goods including repair re-making reconditioning re-engineering rendering of services development of software agriculture including agro-processing aquaculture animalhusbandry bio-technology floriculture horticulture pisciculture viticulture poultry and sericulture Trading units are not coveredunder these schemes

Exceptions items prohibited in ITC (HS) Special Chemicals Organisms Materials Equipment and Technologies (SCOMET) Procurement and supply of export promotion material like brochure literature pamphlets hoardings catalogues posters etc jewellery

bull EOUs only eligible for MEISbull In GST regime the import of goods covered under GST would be exempted from the whole of the duty of customs specified

under the First Schedule to the Customs Tariff Act 1975 (BCD) But such goods would attract integrated tax and compensationcess leviable under sub- section (7) and (9) of the said Act The taxes so paid on imports will be neutralized by Input Tax Credit

bull The import of goods covered under Fourth Schedule of the Central Excise Act would be exempted from the whole of the duty ofcustoms specified under the First Schedule to the Customs Tariff Act 1975 (BCD) and also from the additional duty leviableunder sub- sections (1)(3) and (5) of section (3) of the said Act (CVD amp SAD)

bull For domestic procurement a) of goods covered under GST payment of CGST SGST UTGST IGST will be neutralized by ITC b)of goods covered under Fourth Schedule the EOU will continue to get ab-initio exemptions from central excise duty

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdfhttpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 45: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

3 copies of application as in ANF 6A along with a crossed DD of INR 5000- in favour of the Pay ampAccounts Officer Ministry of Commerce amp Industry Department of Commerce payable at the Central Bank of India Udyog Bhavan New Delhi may be submitted to Development Commissioner (DC)

Applications approved or rejected by Units Approval Committee within 15 days as per criteria in Appendix 6A and sector specific conditions relating to approval as in Appendix 6B In other cases approval may be granted by DC after clearance by Board of Approval

Proposals for setting up EOUrequiring industrial licencemay be granted approval byDC after clearance ofproposal by BOA (as perAppendix 6 C of Appendicesamp ANFs) and Department ofIndustrial Policy andPromotion within 45 days onmerits

Link to forms andappendiceshttpdgftgovinexim2000APPANFS2015pdf

Application process for EOU EHTP STP BTP

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 46: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP

bull An EOU EHTP STP BTP unit may import and or procure from DTA or bonded warehouses in DTA international exhibition

held in India without payment of duty all types of goods including capital goods required for its activities provided they are not

prohibited items of import in the ITC (HS)

bull State Trading regime shall not apply to EOU manufacturing units except for Chrome Ore Chrome concentrate

bull EOU EHTP STP BTP units may import procure from DTA without payment of duty certain specified goods for creating a

central facility Software EOU DTA units may use such facility for export of software

bull BOA may allow on a case to case basis requests of EOU EHTP STP BTP units in sectors other than Gems amp Jewellery for

consolidation of goods related to manufactured articles and export thereof along with manufactured article Such goods may be

allowed to be imported procured from DTA by EOU without payment of duty to the extent of 5 FOB value of such

manufactured articles exported by the unit in preceding financial year

Leasing of capital goodsbull An EOU EHTP STP BTP unit may on the basis of a firm contract between parties source capital goods from a domestic

foreign leasing company without payment of customs duty In such a case EOU EHTP STP BTP unit and domestic foreignleasing company shall jointly file documents to enable import procurement of capital goods without payment of duty

Only projects having a minimum investment of INR 1 Crore in plant amp machinery shall be considered for establishment as EOUs

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 47: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

Entire production of EOU EHTP STP BTP units shall be exported subject to following

a) Other than gems and jewellery units may sell goods and services including software units upto 50 of FOB value of exports

subject to fulfilment of positive NFE on payment of concessional duties

b) units which are manufacturing and exporting more than one product can sell any of these products into DTA upto 90 of FOB

value of export of the specific products subject to the condition that total DTA sale does not exceed the overall entitlement of

50 of FOB value of exports for the unit

c) No DTA sale at concessional duty shall be permissible in respect of motor cars alcoholic liquors books tea (except instant tea)

pepper amp pepper products marble and such other items as may be notified from time to time

d) Such DTA sale shall also not be permissible to units engaged in activities of packaging labelling segregation refrigeration

compacting micronisation pulverization granulation conversion of monohydrate form of chemical to anhydrous form or

vice-versa Sale to DTA would also be subject to mandatory requirement of registration of pharmaceutical products (including

bulk drugs)

e) Scrap waste remnants arising out of production process or in connection therewith may be sold in DTA as per SION notified

under Duty Exemption Scheme on payment of concessional duties as applicable within overall ceiling of 50 of FOB value of

exports

f) EOU EHTP STP BTP units may sell finished products except pepper and pepper products and marble which are freely

importable under FTP in DTA under intimation to DC against payment of full duties provided they have achieved positive NFE

g) In case of units manufacturing electronics hardware and software NFE and DTA sale entitlement shall be reckoned separately

for hardware and software

h) In case of new EOUs advance DTA sale will be allowed not exceeding 50 of its estimated exports for first year

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdfhttpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 48: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

EOU EHTP STP BTP ndash DTA sale

EOUs EHTPs STPs BTPs ndash DTA sale

An EOU EHTP STP BTP unit may export goods manufactured software developed by it through another exporter or any other

EOU EHTP STP SEZ unit subject to conditions mentioned in the HBP (619)

Supplies from DTA to EOU EHTP STP BTP units will be regarded as ldquodeemed exportsrdquo and DTA supplier shall be eligible for

relevant entitlements besides discharge of export obligation if any on the supplier

For claiming deemed export duty drawback they shall get brand rates fixed by DC wherever All Industry Rates of Drawback are not

available

Exemptions to EOU EHTP STP BTP units

a) Exemption from industrial licensing for manufacture of items reserved for SSI sector

b) Export proceeds will be realized within nine months

c) Units will be allowed to retain 100 of its export earnings in the EEFC account

d) Unit will not be required to furnish bank guarantee at the time of import or going for job work in DTA subject to conditions

e) 100 FDI permitted as for SEZ units

DTA clearances of finished goods covered under GSTbull EOUs would be required to pay only CGST amp SGST or lGST as the case may be besides paying back of whole of the duty of customs

specified under the First Schedule to the Customs Tariff Act 1975 (BCD) exemptions if availed on inputs used in manufacture of such finished goods The DTA clearances of finished goods covered under Fourth Schedule of the Central Excise Act 1944 the EOUs would be required to pay central excise duty equal to the aggregate of duties of customs in view of proviso to Section 3(1) of the Central Excise Act the effective rate of such duties

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 49: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in EOU EHTP STPBTP

Imports to EOUs EHTPs STPs BTPsbull EOUsEHTPsSTPs will be allowed to import goods without payment of basic customs duty (BCD) as well additional duties leviable

under Section 3 (1) and 3(5) of the Customs Tariff Act bull GST would be leviable on the import of input goods or services or both used in the manufacture by EOUs which can be taken as input

tax credit (ITC) This ITC can be utilized for payment of GST taxes payable on the goods cleared in the DTA or refund of unutilized ITC can be claimed under Section 54(3) of CGST Act

bull Clearance of goods in DTA will attract GST besides payment of amount equal to BCD exemption availed on inputs used in such finished goods DTA clearances of goods which are not under GST would attract Central Excise duties as before

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 50: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

It is a geographical region designed to export goods exempt from certain laws regarding taxes quotas FDI-bans and labour laws in order to price them competitively globally SEZs also include free trade zones export processing zones free zones industrial parks or industrial estates free economic zones and urban enterprise zones

(a) Duty free import domestic procurement of goods (only BCD) for development operation and maintenance of SEZ units

(b) Imports procurements by SEZ Authorised operations shall be exempted from payment of IGST

For developers (a) Exemption from minimum alternate tax under section

115JB of the Income Tax Act(b) ECB upto US $ 500 million in a year without any maturity

restriction through recognized banking channels (c) Single window clearance for Central and State level

approvals (d) Exemption from State tax and other levies as extended by

the respective states(e) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(f) To SEZ units no profit linked deduction for profit derived

from export to units commencing manufacture providing services on or after 1 April 2020 units should be operational from 31 March 2020 to avail tax benefits under Section 10 AA of Income Tax Act 1961

SEZFTWZ shall be a special category of SEZ with a focus on trading and warehousing Its objective is to create trade-related infrastructure to facilitate the import and export of goods and services with freedom to carry out trade transactions in free currency 100 Foreign Direct Investment is permitted in development and establishment of FTWZ These Zones would be established in areas proximate to seaports airports or dry ports so as to offer easy access by rail and road

In addition to the incentives available to SEZs following are applicable to FTWZ(a) No deduction under Section 80- IAB if activity commences

on or after 1 April 2017(b) Free foreign exchange currency transactions would be

permitted

Source httpsezindianicindevelop-sezasphttpwwwftwzcom

Both SEZs FTWZs are principally governed by the SEZ Act 2005 and SEZ Rules 2006

FTWZ

httpwwwcbecgovinresourceshtdocs-cbecdeptt_offcrgst-advisory-importers-exporters-final-version-finalpdf

httpdgftgovinexim2000TNTN17Trade20Notice20No1120dt30062017pdf

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 51: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresApplication process Setting up export units in SEZ FTWZ

An SEZ could be a multi sector SEZ sector Specific SEZ an FTWZ or ITITEShandicrafts SEZ bio-technology

non-conventional energygems and jewellery Sector

To set up a unit in an SEZFTWZ the manufacturer has to submit a single application in a prescribed Form (Form F)

(httpwwwsursezcomform_fhtml) in five copies to the Development Commissioner of the SEZ in which a unit is proposed

to be set up with a copy to the Developer of the SEZ Following detailsdocuments are required

A crossed demand

draft for

Rs10000- drawn

in favour of Pay amp

Accounts Officer

Ministry of

Commerce amp

Industry Mumbai

A copy of

certificate of

incorporation

along with Article

of Association

Memorandum in

case of companies

and partnership

deed in case of

partnership firm

Residence proof in

respect of

proprietorpartner

sdirectors as the

case may be

Income Tax returns

of the proprietor

or partners of last

three years In case

of company

audited balance

sheet for last three

years

A brief project

report giving

experience of the

promoters

marketing tie-ups

sources of

financing etc

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 52: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresIncoterms Rules for any mode modes of transport

Source httpswwwexportgovarticleid=Incoterms-Overview

Incoterms are a set of rules which define the responsibilities of sellers and buyers for the delivery of goods under sales contractsShippers worldwide use these standard trade definitions to spell out whorsquos responsible for the shipping insurance and tariffs onan item Incoterms are commonly used in international contracts and are protected by the International Chamber of Commercecopyright

SNo Rule Description

1 EXW Ex Works The seller delivers when it places the goods at the disposal of the buyer at the sellerrsquos premises or at another named place (ie works factory warehouse etc)

2 FCA Free Carrier The seller delivers the goods to the carrier or another person nominated by the buyer at the sellerrsquos premises or another named place

3 CPT Carriage Paid To The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination

4 CIP Carriage and Insurance Paid To

The seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination The seller also contracts for an insurance cover

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 53: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresIncoterms Rules for any mode modes of transport

SNo Rule Description

5 DAT Delivered at Terminal The seller delivers when the goods once unloaded from the arriving means of transport are placed at the disposal of the buyer at a named terminal at the named port or place of destination The seller bears all risks involved in bringing the goods to and unloading them at the terminal at the named port or place of destination

6 DAP Delivered at Place The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination The seller bears all risks involved in bringing the goods to the named place

7 DDP Delivered Duty Paid The seller delivers the goods when the goods are placed at the disposal of the buyer cleared for import on the arriving means of transport ready for unloading at the named place of destination The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the goods not only for export but also for import to pay any duty for both export and import and to carry out all customs formalities

Source httpswwwexportgovarticleid=Incoterms-Overview

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 54: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

ProcessesProceduresIncoterms Rules for sea and inland waterway transport

SNo Rule Description

1 FAS Free Alongside Ship The seller delivers when the goods are placed alongside the vessel (eg on a quay or a barge) nominated by the buyer at the named port of shipment The risk of loss of or damage to the goods passes when the goods are alongside the ship and the buyer bears all costs from that moment onwards

2 FOB Free on Board The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel and the buyer bears all costs from that moment onwards

3 CFR Cost and Freight The seller delivers the goods on board the vessel or procures the goods already so delivered The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination

4 CIF Cost Insurance and Freight The seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover

Source httpswwwexportgovarticleid=Incoterms-Overview

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 55: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 56: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Exim Trade Facilitation bodiesFinancial infrastructure EXIM Bank

Export-Import Bank of India (Exim Bank) was set up by an Act of the Parliament ldquoThe Export-import Bank of India Act 1981rdquo for providing financial assistance to exporters and importers It is the principal financial institution in the country for financing project exports and exports on deferred credit terms As per RBI the following constitute project exports

bull Supply of goods equipment on deferred payment terms

bull Civil construction contracts

bull Industrial turnkey projects

bull Consultancy services contractsIt has two broad streams of functions the traditional export finance and two financing of export oriented units (export capability creation)Various financial services provided by the bank include

bull Overseas Investment Finance Programme encouraging Indian companies to invest abroad for inter alia setting up manufacturing units and for acquiring overseas companies to get access to the foreign market technology raw material brand IPR etc It provides term loans and guarantees to Indian companies for investment overseas For more details httpswwweximbankindiainoverseas-investment-finance

bull Project Exports extends funded and non-funded facilities for overseas turnkey projects civil construction contracts technical and consultancy service contracts as well as supplies For more details httpswwweximbankindiainproject-exports

bull Line of Credit (LOC) is a financing mechanism through which Exim Bank extends support for export of projects equipment goods and services from India Exim Bank extends LOCs on its own and also at the behest and with the support of Government of India LOC is extended to foreign governments overseas financial institutions banks abroad etc For more details httpwwweximbankindiainlines-of-credit

bull Corporate Banking financing programmes for Export Oriented Units (EOUs) importers and for ( MSMEs grassrootenterprises ) making overseas investments For more details httpwwweximbankindiaincorporate-banking

bull Buyerrsquos Credit allows overseas buyersimporters can avail this facility for import of eligible goods and services from India on deferred payment terms For more details httpwwweximbankindiainbuyers-credit

Source httpwwweximbankindiain

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 57: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Exim Trade Facilitation bodiesFinancial infrastructure Private Banks

There are also private banks that offer various schemes to support export and import in India

An indicative list of schemes offered by them is as follows

Name of the scheme Description

Trade Finance Trade finance schemes and trade services offered by the banks trade finance experts to provide

customized solutions to suit to the customers financial supply chain credit backed structures

channel finance vendor financing supplier financing local bill discounting invoice financing

Expo Gold Card The scheme ensures easy availability of export credit on best terms to credit worthy exporters with

good track record

Export Bill Negotiation Receive payment as soon as the goods have been shipped simply on the basis of trade transaction

documents

Export Credit Scheme Pre-shipment credit and post-shipment credit for export sector

Finance for Export Oriented Units Term loans and working capital loans for export industry

Gold Card Scheme for the Exporters Promotion of export by extending various facilities to exporters having good track record on better

terms

Standby Term Loan Scheme for

Apparel Exporters

For addition or replacement of existing machinery up gradation of existing machinery purchase of

software hardware for fashion designing repairs renovation of industrial sheds factory building

traveling abroad for business purposes participation in trade fairs exhibitions abroad or international

fairs in India or any other sales promotional activities replacing tools jigs fixtures etc

Source httpsmallbsidbiinbank-schemesfield_bank_scheme2_tid_2=243ampfield_financial_institution2_tid=Allamp=Apply

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 58: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Co

nte

nts

Ecosystem Mapping

Legislative amp Governance Framework Acts amp Schemes

Processes procedures Mandatory documents to export import Duties amp levies Setting up an EXIM unit Application for MEIS SEIS EPCG Duty exemption remission schemes Setting up Export Units EOU EHTP SEZ FTWZ Incoterms

EXIM trade facilitation bodies

Disputes amp grievancesrsquo redressal

Excerpts from FTP 2015-20

1

2

6

7

3

5

Duties and GST- Applicability to International Trade

4

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 59: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Disputes amp grievancesTypes of complaints

Types of Complaints

Complaints received from foreign buyers in respect of poor quality of the products supplied by exporters

from India

Complaints of importers against foreign suppliers in respect of quality of the products supplied

Complaints of unethical commercial dealings categorized mainly as non-supply partial supply of goods after confirmation of order supplying goods other than the ones as agreed upon non-payment

non-adherence to delivery schedules etc

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 60: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Disputes amp grievancesTypes of complaints

The application for investigation of quality complaints and or other trade disputes maybe be filled and sent to any of the 22 offices of the DGFT in the four zones ( North South East West)

The application is to be submitted in the ANF8 of Appendices amp AayatNiryat Forms httpdgftgovinexim2000APPANFS2015pdf

Complaint has to be duly supported by self-attested photocopies of the relevant documents

Complaint could also be filled online at DGFT website httpwwwdgftgovin

The CQCTD on receipt of a complaint from importer abroad against Indian exporter would call for comments from the firm against whom the complaint has been made

After opportunity of hearing to both sides CQCTD may arrive at a conclusion to resolve the matter and CQCTD RA (registered authorities) will take action as considered appropriate

RA would forward a copy of the complaint received from Indian importer against foreign exporter to the concerned Foreign Trade (FT) Division in the Department of Commerce (DoC)

Complaints received in DGFT office from the Indian importers against foreign exporters forwarded by Nodal officer in the DGFT office to concerned Foreign Trade (FT) Division in the DoC

FT Division in DoC takes up complaint with concerned Embassy High Commission Consulate General in India and concerned Indian Embassy High Commission abroad for effective resolution of the complaint

CQCTD Committee on Quality Complaints amp Trade DisputeRA Regional AuthoritySource Updated FTP 2015-20

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 61: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Disputes amp grievancesKey contacts

Source Updated FTP 2015-20

S No Zone Office Contact No E-mail address

1 DGFT (Hqrs) Udyog Bhawan New

Delhi

Toll Free No 1800111550 dgftedinicin

2 Oo Zonal Jt DGFT CLA New Delhi Telephone No 011-23378748 011-

23379111112

Ext 130

helpdesk-clanicin

rkumar68nicin

3 Oo Zonal Jt DGFT Mumbai Telephone No 022-2201771622038094

Extn 105 Direct No 022-22038197

dgft-Mumbainicin

For IEC issues iecmum-

dgftnicin

Before calling or sending Email it is important to register the complaint in the ldquoComplaint Resolution Systemrdquo For details httpdgftgovinExim2000DocCRSHelppdf

In addition to the above contacts you may also reach out to DGFT officers with the contact details by clicking in the following link httpwwwdgftgovinexim2000dgftContactUshtml

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 62: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexures

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 63: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

bull There is a list of 60 products prohibited for import Few of the indicative products listed are

According to schedule 1 of ITC(HS) Classifications of Export amp Import Items mentioned on the DGFT website there are 428 items restricted

with special clauses for exportimport Few of the indicative products listed are

For more details visit the website dgftgovinexim2000dnftpdnlrestrctd20itemsdoc

Fatty livers fresh or chilled

Other meat and edible meat offal fresh chilled or frozen of wild animals

Shark fins

Edible products of animal origin not elsewhere specified or included of

Wild animals

Guts of other animals for natural food casings of wild animals

Guts other than for natural food castings of wild animals

Bladders amp stomachs of Wild animals

Feathers of a kind used for stuffing down of wild birds

Skins and other parts Of wild birds

Bones including horn-cores crushed Of wild animals

Horses

Asses

Horses for Polo

Asses Mules and hinnies livestock

Bulls adult

Cows adult

Buffaloes adult and calves

Pure bred breeding animals

Goats

Turkeys

Annexure 1Prohibitive list for products amp countries

63

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 64: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

bull There is a prohibition on

ndash Import and Export of lsquoArms and related materialrsquo from to Iraq

ndash Direct or Indirect Import and Export from to Democratic Peoplersquos Republic of Korea

ndash Import of Charcoal from Somalia

bull The prohibition on import of milk and milk products (including chocolates and chocolate products and candies

confectionary food preparations with milk or milk solids as an ingredient) from China is effective from 2362016 till

2362017 or until further orders

bull The detailed list of the prohibited and restricted products can be accessed from the DGFT website

subject to time-to-time notificationsorders by the Government

Annexure 1Prohibitive list for products amp countries

64

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 65: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 2Glossary

Term Definition Page No

APEDA Act An Act to provide for the establishment of an Authority for the development and promotion of exports of certain agriculture and processed food products and for matters connected therewith

12

Assistance to States for Infrastructure Development of Exports (ASIDE)

Launched in 2002 it is a Centrally Sponsored Plan scheme in which outlay is provided for development of export infrastructure which is distributed among the States on the basis of the Statesrsquo export performance in the previous year

7 amp 9

Bill of Entry An account of goods entered at a customs house of imports and exports detailing the merchant quantity of goods their type and place of origin or destination It is issued by the customs presenting the total assigned value and the corresponding duty charged on the cargo

23 amp 49

Bill of LadingAirway Bill A bill of lading is a legal document between the shipper of goods and the carrier detailing the type quantity and destination of the goods being carried The bill of lading also serves as a receipt of shipment when the goods are delivered at the predetermined destination This document must accompany the shipped goods no matter the form of transportation and must be signed by an authorized representative from the carrier shipper and receiver Similar to Bill of Lading Airway Bill accompanies goods shipped by an international courier to provide detailed information about the shipment and allow it to be tracked

23 amp 49

CENVAT credit A scheme through which manufacturers or the output service providers are allowed a set off of the taxes paid on the inputs or the input services that are used while manufacturing the final products or providing the output service

17 amp 53

Commercial invoice cum packing list

It is used as a customs declaration provided by the person or corporation that is exporting an item across international borders

23

Duty drawback scheme Governed under Section 74 amp 74 of the Custom Act it is a method of refund of custom duties paid on the inputs or raw materials and service tax paid on the input services used in the manufacture of export goods

8 amp 17

Interest Equalization Scheme

Introduced in November 2015 in place of the Interest Subvention Scheme it offers 3 rate of interest equalization applicable to MSMEs and 416 tariff lines for 5 years The scheme will help various identified export sectors to be internationally competitive and achieve higher level of export performance

7

65

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 66: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 2Glossary

Term Definition Page No

ITC(HS) Code Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations Indian custom uses an eight digit ITC-HS Codes to suit the national trade requirementsITC (HS) codes are better known as Indian Trade Clarification (ITC) and are based on Harmonized System (HS) of Coding It was adopted in India for import-export operations Indian custom uses an eight digit ITC (HS) code to suit the national trade requirements

15 30 41 42

47 48 amp 56

Merchandise Export India Scheme(MEIS) Service Export India Scheme (SEIS)

Introduced in Indian Foreign Trade Policy 2015-20 (FTP 2015-20) is to offset infrastructural inefficiencies and associated costs involved in export of goodsproducts amp services which are producedmanufactured in India Duty Credit Scrips are granted as rewards under MEIS amp SEIS

7 amp 15

Minimum Alternate Tax It is the minimum tax a company in India has to pay whose income tax is less than 185 31

National Perspective Plan (NPP)

Governmentrsquos flagship program to promote port-led development in the country This plan is based on four strategic levers ndash optimizing multi-modal transport to reduce the cost of domestic cargo minimizing the time and cost of export-import cargo logistics lowering costs for bulk industries by locating them closer to the coast and improving export competitiveness by locating discrete manufacturing clusters near ports

8

Shipping BillBill of Export

Document required by customs authority for clearance of goods for shipment 8 15 23 amp 52

Standard Input Output norms

Defines the amount of inputinputs required to manufacture unit of output for export purpose Input output norms are applicable for the products such as electronics engineering chemical food products including fish and marine products handicraft plastic and leather products etc SION is notified by DGFT in the Handbook (Vol2) 2002-07 and is approved by its Boards of Directors An application for modification of existing Standard Input-Output norms may be filed by manufacturer exporter and merchant-exporters

17

66

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 67: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 3 Opening a bank account for an

individual and proprietorship

Acceptable Identity Proof verifying legal

name

bullThe identity and address of an individual must be established by providing any of the following documents

bullPassport

bullPan Card

bullVoter Identity card

bullDriving License

bullIdentity Card

bullLetter from a recognized public authority verifying the identity and residence of the customer to the satisfaction bank

Acceptable Address Proof verifying

address

bullAcceptable address proof needs to be submitted as well with any of the above mentioned documents Following documents can be used as an address proof

bullTelephone Bill

bullBank account statement

bullLetter from any recognized public authority

bullElectricity Bill

bullRation Card

bullLetter from employer

bullA rent agreement indicating the address of the customer duly registered

Opening a bank account for an Proprietorship

bullThe name of business address and activity along with 2 of the following documents are needed

bullRegistration certificate (registered company)

bullSales and income tax returns

bullCSTVAT certificate

bullRegistration document issued by sales taxservice tax authority

bullLicensing document issued in concern to proprietary concern by state governmentcentral government

bullA complete income tax return in mane of sole proprietor

bullUtility bills such as waterelectricitypower in name of proprietary concern

67

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 68: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 3 Opening a bank account for a

partnership firm company and trustee society foundation

Opening a bank account for

partnership firm

bullThe name of the partnership firm legal name address and partnerrsquos name and address with the following documents

bullRegistration certificate

bullPartnership deed

bullPower of Attorney

bullAny official valid document identifying partners name and address

bullTelephone bill with the name of firm partner

Opening a bank account for a

company

bullName of the company principal place of business mailing address of the company and telephone number with the following documents

bullCertificate of incorporation and Memorandum of Articles of Association

bullResolution of the board of directors to open an account

bullPower of Attorney granted to its manager to transact business itself

bullCopy of PAN allotment number Copy of telephone bill

Opening a bank account for a

TrusteeSociety

Foundation

bullName of trusteebeneficiaries and signatories name and address the founder manager and telephone number must be provided in addition to the following documents

bullCertificate of registration

bullPower of Attorney granted to transact business itself

bullAny official valid document to identify the trusteesbeneficiaries and those holding the Power Of Attorney

bullResolution of the managing body of the association

bullTelephone Bill

68

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 69: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1

Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Filing of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34) IN Spice 32

Form Spice32 are to be duly filled and submitted to RoC for incorporation of company

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

9

DIN DPIN DSC

Filing for Incorporation through form Spice 32

Reservation of Name

Incorporation of new company

Allotment of DIN

Making of seal of a company for issuance of share certificates Obtain certificate of incorporation

CetIncorporation

Commence Operation

Certificate Agreement

Incorporation of Company

Company Types -Private Public OPC Producer Company Section 8 company

1 2

3

7

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

eMOA eAOA Stamp4 5 6

98

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Check availability of name for incorporation of company

MCA21 system will auto generate the pre-filled application forms 49A (PAN) and 49B (TAN) after submission of SPICe which the stakeholders will be required to download affix digital signature and then upload both signed forms on MCA21 system as linked forms

New version of SPICe incorporation form will be processed only after Forms 49A amp 49B are duly signed uploaded and payment is confirmed by MCA

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 70: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

2

Annexure 4 Entry Procedures in India Registration process Overview

8

7

6

5

4

3

1Obtain Director Identification Number (DIN) for proposed Directors of the new Company For LLP obtain Designated Partner identification PIN (DPIN)

Obtain Digital Signature Certificate (DSC) for proposed Directors of the Company

Filing the proposed name of company for approval from the Registrar of Companies (Form INC 1)

FIling of electronic Memorandum of Association (eMoA- INC 33) amp Articles of Association (eAoA- INC 34)

Stamping the document either at of Stamps or to the authorized bank and payment of stamp duty (LLP Agreement needs to be stamped)

Form INC 2 are to be duly filled and submitted to RoC for incorporation of LLP

RoC verifiesscrutinises all the documents and forms and may suggest few changes to be made in the attachments or form itself One needs to make necessary changes accordingly

Making of seal of a company for issuance of share certificates

9

DIN DPIN DSC

Companyrsquos Name reservation registration in

ROC

MOA AOA Stamp

Filing for incorporation of LLP

Seal

Filing of LLP agreement (Form 3)

CetIncorporation

Form 3 amp Form 4

LLP Agreement

Certificate Agreement

Incorporation of LLP

Company Types -LLP

1 2

3

4 5 6

7

9

8

State Registration Process as applicable

List of state registration process has been illustrated from slide 18- 26

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 71: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Time ndash 12 days Form- NA

Obtain a Permanent Account Number (PAN) from an authorized franchise oragent appointed by National Securities Depository Services Limited (NSDL) orUnit Trust of India (UTI)

Register for value added tax (VAT) before the Sales Tax Officer of the ward in which the company is located

Register for Profession tax

Register with Employees Provident Fund Organization

Register with ESIC (medical insurance)

Register under Shops and Establishment Act

Filing for Government Approval before RBIFIPB for Foreigners and NRIs

Other registrations required (as applicable)

while setting up

Company LLP in India

Time ndash 12- 15 days Form ndash VAT 100 amp VAT 101

Time ndash 12 days Form- NA

Time ndash 12 -15 days Form- Form F amp B

Obtain a Tax Account Number (TAN) for income taxes deducted at source from the Assessing Office in the Income Tax Department

Time ndash 7 days Form ndash 49B

Time ndash 12 days Form- NA

Annexure 4 Entry Procedures in India Registration process Other registration requisite as applicable (contd)

Time- 6 days Form- Form 49A 49 AA for CSF

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 72: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 5 Types of trade agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

72

The Trade Agreements between two or more countries can be of the following types

Preferential Trade AgreementPTA

bull Two or more partners agree to reduce tariffs on agreed number of tariff lines

bull The list of products on which the partners agree to reduce duty is called positive list

bull India MERCOSUR PTA is one such example

Comprehensive Economic Cooperation Agreement Comprehensive Economic Partnership Agreement (CEPA)CECACEPA

bull These agreements consist of an integrated package on goods services and investment along with other areas including IPR competition customs cooperation investment etc

bull The India Korea CEPA is one such example

Free Trade AgreementFTA

bull Tariffs on items covering substantial bilateral trade are eliminated between the partner countries

bull India Sri Lanka FTA is an example

bull In FTA there is a negative list on which duty is not reduced or eliminated

bull FTAs cover a wider range of products amp services as compared to PTAs

What are the different types of Trade Agreements

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 73: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Source httpwwwindiantradeportalinvsjsplang=0ampid=055288httpcommercenicintradeinternational_ta_current_detailsasp

73

What are the different types of Trade Agreements

The Trade Agreements between two or more countries can be of the following types

Custom Union

bull Partner countries decide to trade at zero duty among themselves with set tariffs for other countries

bull European Union is an example of a custom union

Common Market

bull It is one step ahead of a Custom Union

bull It facilitates free movement of labour and capital harmonizes technical standards across members etc

bull European Common Market is an example

Economic Union

bull Economic Union is a Common Market extended through further harmonization of fiscalmonetary policies and shared executive judicial amp legislative institutions

bull European Union (EU) is an example

Annexure 5 Types of trade agreements

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 74: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Annexure 6 Rules of Origin

Source 74

What are Rules of Origin

For the purpose of trade statistics

To determine whether imported products shall receive most-

favoured-nation (MFN) treatmentor preferential treatment

Rules of Origin (ROO)Criteria to determine

country of origin of a productfor purposes of international trade

Important because duties and restrictions usually depend

upon the source of imports

For government procurement

To implement measures and instruments of Commercial policy like anti-dumping duties

and safeguard measures

For the application of labellingand marking requirements

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 75: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Source httpkasezgovinprocedure-to-set-up-a-unitbull For online submission httpswwwsezonline-ndmlcompdfNew20Unit20Applicationpdf

Name of the EPC Contact Details

The Gem amp Jewellery Export

Promotion Council

Head Office and Registered Office No AW 1010 Tower A G Block Bharat Diamond Bourse Next

to ICICI Bank Bandra Kurla Complex Bandra - East Mumbai

Tel 91 - 22 - 26544600 Fax 91 - 22 - 26524764 Email hogjepcindiacom

CAPEXIL (Chemical and Allied

Export Promotion Council of

India)

Vanijya Bhavan International Trade Facilitation Centre 3rd Floor 11 Wood Street Kolkata-700016

Tel 033-228905240525

E-mail infocapexilcom

Website wwwcapexilcom

EEPC INDIA ( Formerly

Engineering Export

Promotion Council)

Registered and Head Office Vanijya Bhavan(1st Floor) International Trade Facilitation Centre 11

Wood Street Kolkata-700 016 Tel 033-228906515253 Fax 033-22890654 E-mail

eepchoeepcindianet Website wwweepcindiaorg

Territorial Division Vandhna (4th Floor) 11 Tolstoy Marg New Delhi-110 001

Tel 011-23353353 Fax 011-23310920 E-mail eepctoeepcindianet eepctoeepcgovin

Pharmaceuticals Export

Promotion Council

101 Aditya Trade Centre Ameerpet Hyderabad-500 038 Tel 040-2373546266

Fax 040-23735464 E-mail infopharmexcilcom Website wwwpharmexcilcom

Apparel Export Promotion

Council

Registered Office A-223 Okhla Industrial Area Phase-I Okhla New Delhi-110 020 Tel 011-

26372721 Fax 011-26814251 E-mail atdcdelethnet

Head Office Apparel House Institutional Area Sector-44 Gurgaon Haryana-122 003 Tel 0124-

2708000-03 Fax 0124-2708004

E-mail administratoraepcindiaco m

The Cotton Textiles Export

Promotion Council

Engineering Centre 5th Floor 9 Mathew Road Behind Opera House Mumbai-400 004 Tel 022-

23632910 11 12 Fax 022-23632914 E-mail infotexprocilorg Website wwwtexprocilorgin

Annexure 7 Contact details of export promotion councils

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 76: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Disclaimer

We make no claims promises assurances or guarantees about the accuracy completeness or adequacy of any information contained in this document Nothing contained on this website should be construed to constitute a recommendation endorsementor views of the Government Since the policy evolves and is amended regularly the user is advised to ascertain the position as per the Policy and other extant law and regulations at the relevant time In case of any dispute the position as per extant law andpolicy as amended from time to time shall only be valid

Invest India its management directors employees or staff shall not be held responsible or held liable for any informationcontained in the responseclarification or any action consequence arising out of any contrary view(s) taken by any other party or statutory authority qua this document

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt

Page 77: Foreign Trade Policy - Make in India › 2019-06 › FTP Toolkit_141218.pdf · GATS General Agreement on Trade in Services GOI Government of India IEC Import Export Code IPCS Institute

Contact URL for Clarification

Foreign Trade-related queries INVEST INDIA (Investment Facilitation Cell)

Queries related to duties taxes

Directorate General of Foreign Trade

Address Udyog Bhawan H-Wing Gate No 2 Maulana Azad Road New Delhi 110011

Phone No- 91-11-230615621800111550

E-mail- dgftnicin

Website httpdgftgovin

Vigyan Bhavan AnnexeMaulana Azad RoadNew Delhi 110 001Tel +91-11-23048155Email contactinvestindiaorginWebsite wwwinvestindiagovin

Central Board of Indirect Taxes amp CustomsWebsite httpwwwcbicgovinindexEmail (Tax-related) - ccu-cexamdnicin ccu-cexkoanicinEmail (Customs-related) - ccu-cusamdnicin

Please connect in case of doubt


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