Quarterly NewsletterVITC-NCTI Trade Info
Imports and exports are the two important components of a foreign trade. Foreign trade is the exchange of goods and services between the two countries, across their international borders. 'Imports' imply the physical movement of goods into a country from another country in a legal manner. It refers to the goods that are produced abroad by foreign producers and are used in the domestic economy to cater to the needs of the domestic consumers. Similarly, 'exports' imply the physical movement of goods out of a country in a legal manner. It refers to the goods that are produced domestically in a country and are used to cater to the needs of the consumers in foreign countries. Thus, the imports and exports have made the world a local market. The country which is purchasing the goods is known as the importing country and the country which is selling the goods is known as the exporting country. The traders involved in such transactions are importers and exporters respectively.
In India, exports and imports are regulated by the Foreign Trade (Development and Regulation) Act, 1992, which replaced the Imports and Exports (Control) Act, 1947, and gave the Government of India enormous powers to control it. The salient features of the Act are as follows:-
It has empowered the Central Government to make provisions for development and regulation of foreign trade by facilitating imports into, and augmenting exports from India and for all matters connected therewith or incidental thereto.
The Central Government can prohibit, restrict and regulate exports and imports, in all or specified cases as well as subject them to exemptions
It authorizes the Central Government to formulate and announce an Export and Import (EXIM) Policy and also amend the same from time to time, by notification in the Official Gazette.
It provides for the appointment of a Director General of Foreign Trade by the Central Government for the purpose of the Act. He shall advise Central Government in formulating export and import policy and implementing the policy.
Under the Act, every importer and exporter must obtain an 'Importer Exporter Code Number' (IEC) from Director General of Foreign Trade or from the officer so authorised.
The Director General or any other officer so authorised can suspend or cancel a licence issued for export or import of goods in accordance with the Act. But he does it after giving the licence holder a reasonable opportunity of being heard.
As per the provisions of the Act , the Government of India formulates and announces an Export and Import policy (EXIM policy) and amends it from time to time. EXIM policy refers to the policy measures adopted by a country with reference to its exports and imports. Such a policy become particularly important in a country like India, where the import and export of items plays a crucial role not just in balancing budgetary targets, but also in the over all economic development of the country.
The principal objectives of the policy are:-
To facilitate sustained growth in exports of the country so as to achieve larger percentage share in the global merchandise trade.
To provide domestic consumers with good quality goods and services at internationally competitive prices as well as creating a level playing field for the domestic producers
To stimulate sustained economic growth by providing access to essential raw materials, intermediates, components, consumables and capital goods required for augmenting production and providing services.
To enhance the technological strength and efficiency of Indian agriculture, industry and services, thereby improving their competitiveness to meet the requirements of the global markets.
To generate new employment opportunities and to encourage the attainment of internationally accepted standards of quality.
Besides this Act, there are some other laws which control the export and import of goods. These include:-
|Tea Act, 1953|
|Coffee Act, 1942|
|The Rubber Act, 1947|
|The Marine Products Export Development Authority Act, 1972|
|The Enemy Property Act, 1968|
|The Export (Quality Control and Inspection) Act, 1963|
|The Tobacco Board Act, 1975|
At the central level, the Ministry of Commerce and Industry is the most important organ concerned with the promotion and regulation of the foreign trade in India. The Ministry has an elaborate organizational set up to look after the various aspects of trade. Within the Ministry, the Department of Commerce is responsible for formulating and implementing the foreign trade policy. The Department is also entrusted with responsibilities relating to multilateral and bilateral commercial relations, state trading, export promotion measures and development and regulation of certain export oriented industries and commodities. The matters relating to foreign trade are dealt with by the following divisions of the Department :-
|Administrative and General Division|
|Trade Policy Division|
|Foreign Trade Territorial Division|
|Export Products Division|
|Export Industries Division|
|Export Services Division|
(a) Two Attached Offices
With its headquarters at New Delhi, is headed by the Director General of Foreign Trade. It is responsible for implementing the Foreign Trade Policy/ Exim Policy with the main objective of promoting Indian exports. The DGFT also issues licences to exporters and monitors their corresponding obligations through a network of regional offices. The regional offices are located at 33 places.
With its headquarters at New Delhi, is headed by the Director General. It 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, inspection of stores, shipment and clearance of imported stores/cargo. It has three Regional Offices located at Chennai, Mumbai and Kolkata.
(b) Five Subordinate Offices
With its office located at Kolkata, is headed by the Director General. It is 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 as well as overseas buyers.
The Special Economic Zones (SEZs) are geographically exclusive enclaves separated from domestic tariff areas. The main objective of SEZs is to provide certain common facilities and a duty free environment for exporters. Each Zone is headed by a Development Commissioner and is administered as per the SEZ scheme announced on 31st March, 2000.
|Commodity Boards and Other Export Promotion Organisations|
• Training of Personnel in modern techniques of international trade;
• Organisation of Research in problems of foreign trade;
• Organisation of marketing research, area surveys, commodity surveys, market surveys;
• Dissemination of information arising from its activities relating to research and market studies.
· Indian Institute of Packaging (IIP), Mumbai
(d) Export Promotion Councils (EPCs)
With the objective of enhancing the quality, design and global competitiveness of the Indian Jewellery, the Indian Diamond Institute (IDI) was established as a pivotal institute for imparting technical skills to the Gems and Jewellery industry in the areas of Gemology and Jewellery manufacture.
(f) Advisory Bodies
· MMTC (Minerals and Metals Trading Corporation of India) Limited.
· PEC Ltd.
· Export Credit Guarantee Corporation (ECGC) of India Ltd.
· IndiaTrade Promotion Organisation (ITPO)
|Formalities required for Export|
For clearance of export goods, the exporter or his agents have to undertake the following formalities :-
• The exporters are also required to register authorised foreign exchange dealer code (through which export proceeds are expected to be realised) and open a current account in the designated bank for credit of any drawback incentive.
• Whenever a new Airline, Shipping Line, Steamer Agent, port or airport comes into operation, they are required to be registered into the Customs System.
• The exporters intending to export under the export promotion scheme need to get their licences/DEEC book etc, registered at the Customs Station.
• Shipping bill for export of goods under claim for duty drawback. This shipping bill is green colored.
• Shipping bill for export of duty free goods ex-bond i.e. from bonded warehouse. This shipping bill is pink colored.
• Shipping Bill for export of dutiable goods. This shipping bill is yellow colored.
• Shipping bill for export under DEPB scheme. This shipping bill is blue in colour.
• Bill of export for dutiable goods
• Bill of export for duty free goods
• Bill of export for duty free goods ex-bond
• Registration with Reserve Bank of India : No longer required. Prior to 1.1.1997 it was compulsory for every exporter to obtain an exporters' code number from the Reserve Bank of India before engaging in export. This has since been dispensed with and registration with the licensing authorities is sufficient before commencing export or import.
• Registration with Regional Licensing : Authorities (obtaining IEC Code Number) The Customs Authorities will not allow you to import or export goods into or from India unless you hold a valid IEC number. For obtaining IEC number you should apply to Regional Licensing Authority (list given in Appendix 2) in duplicate in the prescribed form given in Appendix 1. Before applying for IEC number it is necessary to open a bank account in the name of your company / firm with any commercial bank authorised to deal in foreign exchange. The duly signed application form should be supported by the following documents:
* Certificate from the Banker of the applicant firm as per Annexure 1 to the form given in Appendix 1 of this Book.
* Two copies of Passport size photographs of the applicant duly attested by the banker to the applicants.
* A copy of Permanent Account Number issued by Income Tax Authorities. If PAN has not been allotted, a copy of application of PAN submitted to Income Tax Authorities.
* In case the application is signed by an authorised signatory, a copy of the letter of legal authority may be furnished.
* If there is any non-resident interest in the firm and NRI investment is to be made with repatriation benefits, a simple declaration indicating whether it is held with the general/specific permission of the RBI on the letter head of the firm should be furnished. In case of specific approval, a copy may also be furnished.
* Declaration by the applicant that the proprietors/partners/directors of the applicant firm/company, as the case may be, are not associated as proprietor/partners/directors with any other firm/company which has been caution-listed by the RBI. Where the applicant is so associated with a caution-listed firm/company the IEC No. is allotted with a condition that he can export only with the prior approval of the RBI.
* Exporter's Profile as per form attached to Appendix 1 of this book (See Appendix 1A of this Book). The Regional Licensing Authority concerned will on merits grant an IEC number to the applicant. The number should normally be given within 3 days provided the application is complete in all respects and is accompanied by the prescribed documents. An IEC number allotted to an applicant shall be valid for all its branches/divisions as indicated on the IEC number.
Register With Export Promotion Council
In order to enable you to obtain benefits/concession under the export-import policy, you are required to register yourself with an appropriate export promotion agency by obtaining registration-cum- membership certificate.
For this purpose you should apply in the prescribed form, given at Appendix 3 of this Book to the Export Promotion Council relating to your main line of business.
For list of Registering Agencies, please refer to Appendix 4 of this Book. However, if the export is such that it is not covered by any EPC, RCMC in respect thereof may be obtained from the Regional Licensing Authority concerned.
An application for registration should be accompanied by a self certified copy of the Importer-Exporter code number issued by the Regional Licensing Authority concerned and bank certificate in support of the applicant's financial soundness. In case an exporter desires to get registration as a manufacturer exporter, he should furnish evidence to that effect. In the case of a manufacturer exporter the licensing authority may seek copy of registration with SSI/any other sponsoring authority in addition to the application in the prescribed form for the Import Export Code Number.
If the application for registration is granted, the EPC or FIEO shall issue the RCMC indicating the status of the applicant as merchant exporter or manufacturer exporter. The RCMC shall be valid for five years ending 31st March of the licensing year. The certificate shall be deemed to be valid from 1st April of the licensing year in which it was issued.
Registration With Sales Tax Authorities: Goods which are to be shipped out of the country for export are eligible for exemption from both Sales Tax and Central Sales Tax. For this purpose, you should get yourself registered with the Sales Tax Authority of your state after following the procedure prescribed under the Sales Tax Act applicable to your State.
As the overseas buyers generally insist for the samples before placing confirmed orders, it is essential that the samples are attractive, informative and have retention and reminder value. Besides, the exporter should know the Government policy and procedures for export of samples from India. He should also be aware about the cheapest modes of sending samples.
In this connection, it is advised that the postal channel is comparatively cheaper than sending samples by air. While sending samples through postal channel due regard should be given to weight and dimension of the post parcels as postal authorities have prescribed maximum weight and dimension for the post parcels handled by them. Where it is not possible to send the samples by post parcels, the same may be sent by air. So far as the Government policy regarding export of samples is concerned, distinction has been made between export of commercial samples and gift parcels. In terms of Para 11.4 of the Import Export Policy as modified upto 31.3.1999, goods including edible items of value not exceeding Rs.1,00,000 in a licensing year may be exported as a gift. Items mentioned as restricted for exports in the ITC (HS) Classifications of Export & Import Items shall not be exported as a gift without a license except in the case of edible items. Export of bonafide trade and technical samples having indelible marking as "sample not for sale" is allowed freely without any limit. However, in such cases where indelible marking is not available, the samples may be allowed for a value not exceeding US $ 10,000, per consignment. In addition the exporter has the option to avail the facility of free samples upto US $ 5,000 or 1% of the preceding year's exports, whichever is higher. An application for export of gifts/samples in excess of the limits specified above may be made to the DGFT.
Special provisions have been made for export of garment samples. Garment samples are allowed to be exported only by exporters who are registered with the Apparel Export Promotion Council (AEPC) or the Wool and Woolen Export Promotion Council for woolen Knitwears. Export of samples to be sent by post parcel or air freight are further divided into 3 categories, namely : (1) Samples of value upto Rs.10,000, (2) Samples of value less than Rs. 25,000, (3) Samples of value more than Rs. 25,000.Where the value of the articles is less than Rs. 10,000, the exporter should file a simple declaration that the sample does not involve foreign exchange and its value is less than Rs. 10,000.Where the value of samples is more than Rs. 10,000 but less than Rs. 25,000 you should obtain a value certificate from the authorised dealer in foreign exchange (i.e. your bank). For this purpose, you should submit a commercial invoice certifying thereon that the parcel does not involve foreign exchange and the aggregate value of the samples exported by you does not exceed Rs. 25,000 in the current calendar year. If the value of samples exceeds Rs. 25,000 you should obtain Gr/ PP waiver from the Reserve Bank of India.
Export of trade samples is allowed by sea/air (as distinguished from sea/airmail) without any value restriction, provided the customs authorities are satisfied about the bona fide of the goods that they do not fall in the export control restrictions. However, customs authorities may ask for suitable documentary evidence in this regard viz. correspondence etc. with the overseas buyer. Trade samples against which the foreign buyer agrees to make payment can be exported in the same manner in which normal exports are effected. Samples can also be carried personally by you while traveling abroad provided these are otherwise permissible or cleared for export as explained earlier.
However, in case of precious jewelry/stone items, you should declare the same to the customs authorities while leaving the country and obtain necessary endorsement on export certificate issued by the Jewelry Appraiser of the Customs.
Selling through an overseas agent is an effective strategy. These agents serve as a source of market intelligence. Regularly sending the latest trends on the current fashion, taste and price in the market. Being a man on the spot, the agent is in a position to render his advice to exporter or new methods and strategy for pushing up sales of your products. He also provides you support in the matter of transportation, reservation of accommodation, appointment with the government as and when required by you. In some countries it is compulsory under their law to sell through local agents only. It is, therefore, essential that you should carefully select your overseas agent.
Consider the points listed below when appointing an Agent :
• Date of foundation of the agent's company
• Company's ownership and control
• Company's capital, funds, available and liabilities
• Name, age and experience of the company's senior executives
• Number, age and experience of the company's salesman
• Oher agencies that the company holds, including those of competing products and turn-over of each
• Length of company's association with other principal
• New agencies that the company obtained or lost during the past year
• Company's total annual sales and the trends in its sales in recent years
• Company's sales coverage, overall and by area
• Number of sales calls per month and per salesman by company staff
• Any major obstacles expected in the company's sales growth
• Agent's capability to provide sales promotion and advertising services
• Agent's transport facilities and warehousing capacity
• Agent's rate of commission; payment terms required
• References on the agents from banks, trade associations and major buyers
• Chambers of Commerce
• Independent Consultants
• Export Promotion Councils
• Advertisement Abroad.
An agreement made this the ....... day ....... of between .......(name and address) hereinafter called the exporters of the first part and ........ (name and address) hereinafter called the importers of the second part, wherein the exporters grant to the importers the importation and selling right in the territory of ..........(fill name of country) for .........(names and brief description of product) subject to the terms and conditions given below :
ii. The exporter agrees that any orders or enquiries relating to the specified territory received by him during the currency of this agreement will be passed on to the importers to deal with.
iii. The exporter agrees that he will make shipment of all orders received from the importers by earliest shipping opportunity unless prevented from so doing by circumstances beyond the former's control.
iv. The exporter agrees to charge the importers for all goods ordered during the currency of this agreement the prices detailed in Price List No. ......... appended to this agreement unless any order is received at least one month after notification of price changes by the exporter to the importer.
v. The exporter agrees to pay the importer commission on ......... (fill in the dates of each year during the currency of this agreement) at the rate of ...... per cent of ....... the F.O.B. value of all orders satisfactorily completed during the ...... months preceding the dates specified.
vi. The exporter agrees that he will allow to the importers ........ per cent ....... of the value of all business satisfactorily completed with the importers during the currency of this agreement as contribution towards the importer's costs in publicising the products covered by this agreement. This allowance is to be settled by deduction from the manufacturer's invoices to the importers.
vii. The importers agree that during the currency of this agreement they will not sell, recommend or in any other way deal with any competing or rivaling lines in the territory specified.
viii. The importers agree that they will use their best efforts and endeavors at all times during the currency of this agreement to promote the sales of products covered by this agreement.
ix. The importers agree that they will make net and full payment for all goods ordered through confirmed and irrevocable letter of credit established in ........... (name of manufacturer's town or city). OR The importers agree that they will make net and full payment for all goods ordered against presentation of draft and shipping documents in ......... (name of importer's town or city). OR The importers agree that they will immediately upon presentation at ......... and retire such drafts net and in full upon maturity.
x. The importers agree that they will write to the manufacturer at least once each calendar month and will send to the manufacturer a full market report on the prospects for sale of the products covered by this agreement every six months.
xi. The importer agrees that they will place regular and adequate order with the manufacturer amounting in total to not less than ........ during the first calendar year and not less than Rs. .......... in each and every subsequent year during the currency of this agreement.
xii. This agreement shall become valid with effect from the date of shipment of the substantial order amounting in value of not less than Rs. ........ and remain in force for a period of twelve calendar months there from subject to either party being at liberty to terminate this agreement without notice in the event of the other party being in breach of any of the terms and conditions stated herein.
xiii. Notwithstanding anything herein aforesaid if during the first twelve calendar months the importers have placed satisfactory orders with the exporters amounting to not less than Rs. ....... this agreement shall be automatically renewed year after year provided that in the twelve calendar months immediately preceding the expiry date satisfactorily business amounting in total to not less than Rs. ....... has been placed by the importers with the manufacturer.
xiv. Any disputes arising under this agreement shall be settled in accordance with Indian Law in (.............)
Acquire Export License
Exports free unless regulated : The current Export Licensing Policy of the Government of India is contained in the new Import Export Policy and Procedures, 1997-2002 as amended upto 31.3.1999. The Policy and Procedures are amended from time to time and for latest position kindly refer to. However, for the sake of information of the prospective exporters, it may be stated that all goods may be exported without any restriction except to the extent such exports are regulated by the ITC (HS) Classifications of Export and Import items or any other provisions of this policy or any other law for the time being in force. The Director General of Foreign Trade may, however, specify through a Public Notice such terms and conditions according to which any goods, not included in the ITC (HS) Classifications of Export and Import items may be exported without a license. Such terms and conditions may include Minimum Export Price (MEP), registration with specified authorities, quantitative ceilings and compliance with other laws, rules, regulations.
Application for an Export License : An application for grant of export license in respect of items mentioned in Schedule 2 of ITC (HS) Classifications of Export and Import items may be made in the form given in Appendix-18A or 18B or 18C, as the case may be, to the Director General of Foreign Trade and shall be accompanied by the documents prescribed therein. The Export Licensing Committee under the Chairmanship of Export Commissioner shall consider such applications on merits for issue of export licenses special High Powered Licensing Committee under the Chairmanship of Director General of Foreign Trade shall consider applications for export of dual purpose chemicals and for special materials, equipment and technologies, as specified in Schedule 2 Appendix 5 and Schedule 2 Appendix 6 respectively of the book p 7 3 titled ITC(HS) Classifications of Export and Import items on the basis of guidelines issued in this regard from time to time.
Export of Canalised Items : An application for export of canalised items mentioned in ITC (HS) Classifications of Export and Import items may be made to the Director General of Foreign Trade.
Trade Fairs/Exhibitions : Any Indian wishing to organise any Trade Fair/Exhibition in India or abroad, would be required to obtain a certificate from an officer of the rank not below that of an Under Secretary to the Government of India, in the Ministry of Commerce, or an Officer of India Trade Promotion Organisation, duly authorised by its chairman in this behalf, to the effect that such exhibition, fair or as the case may be, similar show or display, has been approved or sponsored by the Government of India in the Ministry of Commerce or the India Trade Promotion Organisation and the same is being held in public interest.
Gifts/Spares/Replacement Goods : For export of gifts, indigenous/imported spares and replacement goods in excess of the prescribed ceiling/period, an application may be made to the Director General of Foreign Trade.
Export through Courier Service : Import/Exports through a registered courier service is permitted as per the Notification issued by the Department of Revenue. However, importability/exportability of such items shall be regulated in accordance with the policy.
Acquire Export Credit Insurance
Export credit insurance protects you from the consequences of the payment risks, both political and commercial. It enables you to expand your overseas business without fear of loss. Further, it creates a favorable climate for you under which you can hope to get timely and liberal credit facilities from the banks at home.
You can obtain Export Credit Insurance from the Export Credit and Guarantee Corporation of India Limited. In order to provide you Export Credit Insurance, the following covers are issued by the ECGC :
Standard policies to protect you against the risk of not p 7 3 receiving payment while trading with overseas buyers on short-term credit.
Specific policies designed to protect you against the risk of not receiving payment in respect of:
• services rendered to foreign parties
• construction work, including turnkey projects undertaken abroad
The policies are either:
Whole Turnover Policies in the form of 'Open Cover' in respect of shipments made during 24 months period. You have to obtain credit limit on each one of your buyers to enable ECGC to approve a limit on the basis of credit worthiness of the buyer. These policies are basically similar to whole turnover policies but only apply to specific contracts.
Specific Policies for exports of capital goods on medium or long-term credit, turnkey projects, civil construction works and technical services.These policies are basically similar to whole turnover policies but only apply to specific contracts.
Financial guarantees issued to banks against risk involved in providing credit or guarantee facilities to you, and
Special schemes viz. transfer guarantee issued to protect banks which add confirmation to letters of credit, Insurance cover for Buyers' Credit, Lines of Credit, Joint Ventures and Overseas Investment Insurance, and Exchange Fluctuation Risk Insurance. The other guarantees which banks can offer to youthrough ECGC schemes are :--- Bid Bonds, --- Advance Payments Guarantee,--- Bank guarantee for due performance of the contract by the exporter,---Bank guarantee for payment of retention money,--- Bank guarantee for loans in foreign currencies. Details of these schemes can be obtained from your own banker or local office of the Export Credit and Guarantee Corporation of India Ltd.
The Shipments (Comprehensive Risks) Policy is the one ideally suited to cover risks in respect of goods exported on short-term credit. Shipments to associates or to agents and those against letter of credit can be covered for only political risks by suitable endorsements to the shipments (comprehensive risks) Policy. Premium is charged on such shipments at lower rates.
For obtaining a policy you should apply to the nearest office of the ECGC in the prescribed Form no.121 (obtainable from ECGC) along with the following documents :
ii. Application form for fixing the credit limit
iii. Name/address of foreign buyer fixing sub-limits
After examining the proposal, ECGC would send the exporter an offer letter stating the terms of its cover and premium rates. The policy will be issued after the exporter conveys his consent to the premium rate and pays a non-refundable policy fee of Rs. 100 for policies with maximum liability limit p 7 3 upto Rs. 5 lakhs; Rs. 200 between Rs. 5 lakhs and Rs. 20 lakhs and Rs. 100 for each additional Rs. 10 lakhs or part thereof subject to a ceiling of Rs. 2500.As commercial risks are not covered in the absence of a credit limit, you are advised to apply to ECGC for approval of credit limit on buyer in the prescribed Form No:144 (obtainable from ECGC) before making shipment. Credit limit is the limit upto which claim can be paid under the policy for losses on account of commercial risks. If no application for credit limit on a buyer has been made, ECGC accepts liability for commercial risks upto a maximum of Rs. 5,00,000 for D.P./C.A.D. transactions and Rs. 2,00,000 for D.A. transactions provided that at least three shipments have been effected to the buyer during the preceding two years on similar terms, at least one of them was not less than the discretionary limit availed of by the exporter and the buyer had made payment on the due dates.
Financial assistance to the exporters are generally provided by Commercial Banks, before shipment as well as after shipment of the said goods. The assistance provided before shipment of goods is known as per-shipment finance and that provided after the shipment of goods is known as post-shipment finance. Pre-shipment finance is given for working capital for purchase of raw-material, processing, packing, transportation, ware-housing etc. of the goods meant for export. Post-shipment finance is provided for bridging the gap between the shipment of goods and realization of export proceeds. The later is done by the Banks by purchasing or negotiating the export documents or by extending advance against export bills accepted on collection basis. While doing so, the Banks adjust the pre-shipment advance, if any, already granted to the exporter.
An application for pre-shipment advance should be made by you to your banker along with the following documents:
Confirmed export order/contract or L/C etc. in original. Where it is not available, an undertaking to the effect that the same will be produced to the bank within a reasonable time for verification and endorsement should be given. An undertaking that the advance will be utilised for the specific purpose of procuring/manufacturing/shipping etc., of the goods meant for export only, as stated in the relative confirmed export order or the L/C. If you are a sub-supplier and want to supply the goods to the Export/Trading/Star Trading House or Merchant Exporter, an undertaking from the Merchant
Exporter or Export/Trading/Star Trading House stating that they have not/will p 7 3 not avail themselves of packing credit facility against the same transaction for the same purpose till the original packing credit is liquidated. Copies of Income Tax/Wealth Tax assessment Order for the last 2-3 years in the case of sole proprietary and partnership firm. Copy of Exporter's Code Number (CNX). Copy of a valid RCMC (Registration-cum-Membership Certificate) held by you and/or the Export/Trading/ StarTrading House Certificate. Appropriate policy/guarantee of the ECGC.
Any other document required by the Bank. For encouraging exports, R.B.I. has instructed the banks to grant preshipment advance at a concessional rate of interest. The present rate of interest is 10% p.a. for preshipment advance upto an initial period of 180 days. Preshipment advance for a further period of 90 days is given at the concessional rate of 13% p.a. Banks are free to determine the interest rate for advances beyond 270 days and upto 360 days. Following special schemes are also available in respect of pre-shipment finance:
Exim Bank's scheme for grant of foreign currency pre-shipment credit to exporters for financing cost of imported inputs for manufacture of export products. Scheme of export packing credit to sub-suppliers from export order. Packing credit for deemed exports.
Pre-shipment Credit in Foreign Currency (PCFC). For further details refer to Nabhi's "How to Borrow from Financial and Banking Institutions".
Post Shipment Finance
Post-shipment finance is the finance provided against shipping documents. It is also provided against duty drawback claims. It is provided in the following forms:
Purchase of Export Documents drawn under Export Order: Purchase or discount facilities in respect of export bills drawn under confirmed export order are generally granted to the customers who are enjoying Bill Purchase/Discounting limits from the Bank. As in case of purchase or discounting of export documents drawn under export order, the security offered under L/C by way of substitution of credit-worthiness of the buyer by the issuing bank is not available, the bank financing is totally dependent upon the credit worthiness of the buyer, i.e. the importer, as well as that of the exporter or the beneficiary. The documents dawn on DP basis are parted with through foreign correspondent only when payment is received while in case of DA bills documents (including that of title to the goods) are passed on to the overseas importer against the acceptance of the draft to make payment on maturity. DA bills are thus unsecured. The bank financing against export bills is open to the risk of non-payment. Banks, in order to enhance security, generally opt for ECGC policies and guarantees which are issued in favor of the exporter/banks to protect their interest on percentage basis in case of non-payment or delayed payment which is not on account of mischief, mistake or negligence on the part of exporter. Within the total limit of policy issued to the customer, drawee-wise limits are generally fixed for individual customers. At the time of purchasing the bill bank has to ascertain that this drawee limit is not exceeded so as to make the bank ineligible for claim in case of non-payment.
Advances against Export Bills Sent on Collection: It may sometimes be possible to avail advance against export bills sent on collection. In such cases the export bills are sent by the bank on collection basis as against their purchase/discounting by the bank. Advance against such bills is granted by way of a 'separate loan' usually termed as 'post-shipment loan'. This facility is, in fact, another form of post- shipment advance and is sanctioned by the bank on the same terms and conditions as applicable to the facility of Negotiation/Purchase/Discount of export bills. A margin of 10 to 25% is, however, stipulated in such cases. The rates of interest etc., chargeable on this facility are also governed by the same rules. This type of facility is, however, not very popular and most of the advances against export bills are made by the bank by way of negotiation/purchase/discount.
Advance against Goods Sent on Consignment Basis: When the goods are exported on consignment basis at the risk of the exporter for sale and eventual remittance of sale proceeds to him by the agent/consignee, bank may finance against such transaction subject to the customer enjoying specific limit to that effect. However, the bank should ensure while forwarding shipping documents to its overseas branch/correspondent to instruct the latter to deliver the document only against Trust Receipt/Undertaking to deliver the sale proceeds by specified date, which should be within the prescribed date even if according to the practice in certain trades a bill for part of the estimated value is drawn in advance against the exports.
Advance against Undrawn Balance: In certain lines of export it is the trade practice that bills are not to be drawn for the full invoice value of the goods but to leave small part undrawn for payment after adjustment due to difference in rates, weight, quality etc. to be ascertained after approval and inspection of the goods. Banks do finance against the undrawn balance if undrawn balance is in conformity with the normal level of balance left undrawn in the particular line of export subject to a maximum of 10% of the value of export and an undertaking is obtained from the exporter that he will, within 6 months from due date of payment or the date of shipment of the goods, whichever is earlier surrender balance proceeds of the shipment. Against the specific prior approval from Reserve Bank of India the percentage of undrawn balance can be enhanced by the exporter and the finance can be made available accordingly at higher rate. Since the actual amount to be realised out of the undrawn balance, may be less than the undrawn balance, it is necessary to keep a margin on such advance.
Advance against Retention Money: Banks also grant advances against retention money, which is payable within one year from the date of shipment, at a concessional rate of interest up to 90 days. If such advances extend beyond one year, they are treated as deferred payment advances which are also eligible for concessional rate of interest.
Advances against Claims of Duty Drawback: Duty Drawback is permitted against exports of different categories of goods under the 'Customs and Central Excise Duty Drawback Rules, 1995'. Drawback in relation to goods manufactured in India and exported means a rebate of duties chargeable on any imported materials or excisable materials used in manufacture of such goods in India or rebate on excise duty chargeable under Central Excises Act, 1944 on certain specified goods. The Duty Drawback Scheme is administered by Directorate of Duty Drawback in the Ministry of Finance. The claims of duty drawback are settled by Custom House at the rates determined and notified by the Directorate. As per the present procedure, no separate claim of duty drawback is to be filed by the exporter. A copy of the shipping bill presented by the exporter at the time of making shipment of goods serves the purpose of claim of duty drawback as well. This claim is provisionally accepted by the customs at the time of shipment and the shipping bill is duly verified. The claim is settled by customs office later. As a further incentive to exporters, Customs Houses at Delhi, Mumbai, Calcutta, Chennai, Chandigarh, Hyderabad have evolved a simplified procedure under which claims of duty drawback are settled immediately after shipment and no funds of exporter are blocked.
However, where settlement is not possible under the simplified procedure exporters may obtain advances against claims of duty drawback as provisionally certified by customs.
Negotiation of Export documents Drawn under L/C: This aspect has been discussed in the chapter on Special Care for negotiation of Export Documents under Letter of Credit.
The rate of interest depends on the nature of the Bills, i.e., whether it is a demand bill or usance bill. Like pre-shipment, post-shipment finance is also available at concessional rate of interest. Present Rates of interest are as under:
Demand Bills for transit period not exceeding ( as specified by FEDAI) 10% p.a. Usance Bills (for total period comprising usance period of ex-port bills, transit period as specified by FEDAI and grace period, wherever applicable:
b. Beyond 90 days and upto six 12% p.a.months from the date of shipment.
c. Beyond six months from the 20% date of Shipment (Minimum)
Against duty drawback etc., receive- Not exce-vable from Government covered by adding 10%ECGC guarantees (upto 90 days) p.a. 4. Against undrawn balance (upto 90 days) -- do -- 5.Against retention money (for suppl- -- do -- ies portion only) payable within one year from the date of shipment (upto90 days)
Normal Transit Period : Foreign Exchange Dealers Association of India (FEDAI) has fixed transit period for export bills drawn on different countries in the world. The concept of this transit period is that an export bill should normally be realised within that period. The transit period so fixed by FEDAI is known as 'Normal Transit Period' and mainly depends on geographical location of a particular country.
Direct and Indirect Bill : If the currency of the bill is the same as the currency of the country on which it is drawn, it is termed as direct bill, e.g. an export bill in US $ drawn on a place in U.S.A. However, if the currency of the bill in which it is drawn is different than the currency of the country on which it is drawn, it is termed as indirect bill, e.g. an export bill in US $ drawn on a place in Japan. The normal transit period fixed for indirect bill is on higher side as compared to transit period fixed for direct bills.
Notional Due Date : To determine the due date of an export bill we have to consider the following 3 components: (1) Normal transit period as fixed by FEDAI (2) Usance period of the bill (3) Grace period if applicable in the country on which the bill is drawn. Grace period is applicable only in the case of usance bills. The notional due date of an export bill may thus be calculated after adding all the above 3 components The concessional rate of interest is chargeable upto the notional due date subject to a maximum of 90 days.
FORFAITING FINANCE BY AUTHORISED DEALERS : Reserve Bank has now permitted the authorised dealers (Banks) to arrange forfeiting of medium term export receivables p 7 3 on the same lines as per the scheme of EXIM Bank and many International forfeiting agencies have now become active in Indian market. Forfeiting may be usefully employed as an additional window of export finance particularly for exports to those countries for which normal exports credit is not intended by the commercial banks. It must be noted that charges of forfaiting are eventually to be passed on to the ultimate buyer and should, therefore, be so declared on relative export declaration forms.
EXTERNAL COMMERCIAL BORROWINGS: Proposals for raising foreign currency loans/credits viz., Buyer's Credits, Supplier's Credits or Lines of Credits by firms/companies/lending institutions, banks, etc. for financing cost of import of goods, technology or for any other purposes, other than short-term loans/credits maturing within one year should first be submitted to government of India, Ministry of Finance (Department Economic Affairs), ECB Division, New Delhi for necessary clearance. The proposals are considered by the government on merits of each case and in the light of prevailing Government policy. For details refer to (1) NABHI'S FOREIGN EXCHANGE MANUAL & (2) NABHI'S MANUAL OF SEBI GUIDELINES ON CAPITAL ISSUES, EURO ISSUES, MERCHANT BANKNG & MUTUAL FUNDS.
EXIM BANK FINANCE: Besides commercial banks, export finance is also made available by the EXIM bank. The EXIM bank provides financial assistance to promote Indian exports through direct financial assistance , overseas investment finance, term finance for export production and export development, pre-shipment credit, lines of credit, re-lending facility, export bills re-discounting, refinance to commercial banks, finance for computer software exports, finance for export marketing and bulk import finance to commercial banks. The EXIM Bank also extends non-funded facility to Indian exports in the form of guarantees. The diversified lending programme of the EXIM Bank now covers various stages of exports, i.e. from the development export markets to expansion of production capacity for exports, production for export and post shipment financing. The EXIM Bank's focus is on export of manufactured goods, project exports, exports of technology, services and export of computer software.
Forfaiting Finance from EXIM Bank: A new financing option for the Indian exporters is available under the forfaiting finance Scheme recently introduced by the EXIM Bank. Forfaiting is a form of trade finance involving discounting of medium-term export receivables with or without recourse to the exporter. The arrangement envisages discounting by Indian exporters of bill of exchange/promissory notes relating to export transactions which are "avalised" or guaranteed by the buyer's bankers with overseas forfaiting agencies on "without recourse" basis.Briefly, the procedure involved in the scheme of for p 7 3 faiting finance by the Exim Bank is as follows:
Exporter initiates negotiations with the prospective overseas buyer with regard to the basic contract price, period of credit, rate of interest, etc., After successful negotiations, he furnishes the relevant particulars such as name and country of overseas buyer, contract value, nature of goods, tenure of credit, name and country of guaranteeing bankers to the Exim Bank and requests for an indicative discounting quote. Exim Bank obtains the indicative quote of forfaiting discount together with commitment fee and other charges, if any, to be paid by the exporter, from an overseas forfaiting agency.
On receipt of the indicative quote from the Exim Bank, the exporter finalises the terms of the contract, loading the discount and other charges in the value and approaches Exim Bank for obtaining a firm quote. Exim Bank arranges to get the same from an appropriate overseas forfaiting agency and furnishes the same to the exporter. At this stage, exporter would be required to confirm acceptance of the arrangement to Exim Bank within a specific period as stipulated by that Bank.
The export contract clearly indicates that the overseas buyer shall prepare a series of avalised Promissory Notes in favour of the exporter and hand them over against the shipping documents to his banker. The Prommissory Notes will be endorsed with the words without recourse by the exporter and handed over to his banker in India for onward transmission to the Exim Bank.
Alternatively, the export contract may provide for exporter to draw a series of Bills of exchange on the overseas buyer which will be sent with the shipping documents through latter's banker for acceptance by the overseas buyer. Overseas buyer's banker will handover the documents against acceptance of Bills of Exchange by the buyer and signature of 'aval' or the guaranteeing bank. Avalised and accepted bills of exchange will be returned to the exporter through his banker. Exporter will endorse avalised Bills of Exchange with the words 'without recourse' and return them to his banker for onward transmission to the Exim Bank.
Exim Bank will forward the Bills of Exchange/Promissory Notes after verification to the forfaiting agency for discounting by the latter.
Exim Bank will arrange to collect the discounted proceeds of Promissory Notes/Bills of Exchange from the overseas forfaiting agency and effect payment to the nostro account of the exporter's bank as per the latter's instruction.
|Important Tips for Exporters|
Understand Foreign Exchange Rates & Protect Against their Adverse Movement
b. Indirect Quotation : Where exchange rates are quoted in terms of variable units of foreign currency as equivalent to a fixed number of units of home currency. For example : US $ 2,500 = Rs. 40.00 Till 1.8.1993 banks were required to quote all the rates on indirect basis as foreign currency equivalent to Rs. 100 except in case of sale/purchase of foreign currency notes and traveller cheques where exchange rates on direct quotation basis were quoted.
From 2.8.1993 banks are quoting rates on direct basis only. There is distinction between inter-bank exchange rates and merchant rates. Merchant rates are the exchange rates applied by the bankers for transactions with their customers for various purposes, such as import, export, travel, remittances etc. These rates are calculated by the banks as per the guidelines issued by the Foreign Exchange Dealers Association of India (FEDAI). On the other hand inter-bank rates are the rates for transactions amongst the authorised dealers in foreign exchange. These rates depend on the market conditions. It is not in out of place to mention here that exchange rates are volatile and, therefore, you should make sincere efforts to choose appropriate time for tendering your export documents to the bank for purchase/negotiation. Therefore, plan your affairs in such a way that the documents are delivered to the bank when exchange rates are favorable enabling you to get more Indian rupees after conversion of foreign currency amount of the bill into Indian rupees. A distinction is also made between spot rates and forward rates. Spot rates are applicable on the day of transaction p 73, i.e, the same day, whereas forward rates are the rates fixed in advance for a transaction which will mature at a specified date or during a specified period in future. Quotations for spot rates only are generally available and the customers have to enter into specific contracts for forward rates. Foreign exchange rates are always quoted as two way price i.e., a rate at which the bank is willing to buy foreign currency (buying rate) and a rate at which the bank sells foreign currency (selling rate). Banks do expect some profit in exchange operations and there is always some difference in buying and selling rates. However, the maximum spread available to banks is restricted in terms of ceiling imposed by Reserve Bank of India. All exchange rates by authorised dealers are quoted in terms of their capacity as buyer or seller. Different sets of exchange rates are applied for various types of foreign exchange transactions as under :
TT Selling Rate: This rate is applied for all clean remittances outside India i.e., for selling foreign currency to its customer by the bank such as for issuance of bank drafts, mail/telegraphic transfers etc. Bill Selling Rate: This rate is applied for all foreign remittances outside India as proceeds of import bills payable in India. This rate is a little worse than TT selling rate.
TT Buying Rate: This rate is appled for purchase of foreign currency by banks where cover is already obtained by banks in India. Thus all foreign inward remittances which are made payable in India are converted by applying this rate. A mail transfer issued by a bank in Dubai for US $ 10,000 drawn on (say) Oriental Bank of Commerce in New York.
Bills Rate : This rate is applied for purchase of sight export bills which will result in foreign remittance to India after realisation. This rate is worsen than TT buying rate and, in addition, interest will also be recovered by the bank for the period for which the bank is out of funds.
Forward - Contracts
Elimination of exchange risk due to movement in the exchange rat can be avoided by the following options :
• By fixing the Foreign Exchange Contract.
First alternative is possible only when the buyer agrees to it. He may have his own reasons for not agreeing to invoice in Indian rupees. The second alternative is commonly resorted to. This alternative involves booking of forward exchange contract with your bank.
This means that pending submission of documents to the bank for purchase/negotiation, you have made firm commitment with the bank under which you agree to sell to the bank foreign exchange at a future date/period and the bank agrees to purchase at the firm rate the foreign exchange to be tendered by you on that date / during the agreed period.
Thus you are in a position to know in advance the exchange rate you are going to get on submission of your export documents. Thus, though you have to pay some charge for booking a forward contract, you are certain about the rupee amount of the bill on conversion of foreign currency at a future date. For booking a forward contract, you should approach your bank with whom you are enjoying a credit limit.
The bank will book a forward contract only against a firm export order showing description and quantity of the goods to be supplied, aggregate price and approximate date of shipment. The bank can accept telex, cable order/fax in this regard, provided you give an undertaking to produce the original one. Where shipment has already been completed, forward contract will be booked on the basis of export bill tendered by you. It can also be booked against an irrevocable Letter of Credit provided L/C is complete in all respects and you give a declaration to the bank that you have not booked any forward contract against the underlying sale contract covering shipments under the L/C. You must ensure delivery of the related documents within the agreed period of the contract. In case you fail to deliver the documents within the specified period, the forward contract needs to be cancelled and fresh contract booked for which your bank will levy cancellation charges as per the FEDAI Rules.
In case the documents are delivered before the stipulated period, it will involve early delivery and bank will levy charges for the early delivery, as per FEDAI Rules. Where the documents are not delivered at all, contract has to be cancelled either at your request or by the bank itself under certain circumstances, and this will entail cancellation charges as per the FEDAI Rules.
It, therefore becomes extremely important that the period of delivery of the export documents is carefully chosen and strictly adhered to, so as to avoid unnecessary charges on account of early delivery or cancellation of forward contracts. However, facility for substitution of export order is permitted by RBI on specific request if the unfulfilled export order and the substituted order is for the same commodity.
|Procuring/ Manufacturing Goods for Export & their inspection by Government Authorities|
Once you are ready with the infrastructure for exporting goods and have obtained necessary finance, you should proceed to procure the goods for export. Procuring the goods should be done with extreme care and caution as to the quality and cost. However, procuring the raw materials etc. and manufacturing the goods for export will need extra efforts on your part. If you are an established exporter, you can have the facility of procuring raw materials under the Duty Exemption Scheme.
II. Compulsory Quality Control & Preshipment Inspection
An important aspect about the goods to be exported is compulsory quality control and pre-shipment inspection. Under the Export (Quality Control and Inspection) Act, 1963, about 1000 commodities under the major groups of Food and Agriculture, Fishery, Minerals, Organic and Inorganic Chemicals, Rubber Products, Refractoriness, Ceramic Products, Pesticides, Light Engineering, Steel Products, Jute Products, Coir and Coir Products, Footwear and Footwear Products / Components are subject to compulsory pre-shipment inspection.
At times, foreign buyers lay down their own standards / specifications which may or may not be in consonance with the Indian standards. They may also insist upon inspection by their own nominated agencies. These issues should be sorted out before confirmation of order. Specific provisions have also been made for compulsory inspection of textile goods.
Products having ISI Certification mark or Agmark are not required to be inspected by any agency. These products do not fall within the purview of the export inspection agencies network. The Customs Authorities allow export of such goods even if not accompanied by any pre-shipment inspection certificate, provided they are otherwise satisfied that the goods carry ISI Certification or the Agmark.
Depending upon the nature of products, goods meant for export are inspected for quality in the following manner: Consignment to Consignment Inspection Each individual consignment is inspected by the Export Inspection Agency, Commodity Board and certificate of inspection is issued. The application for inspection for goods has to be submitted well in advance before the expected date of shipment of the consignment. Inspection of the consignment is generally carried out either at the premises of the exporter, provided adequate facilities exist therein for inspection, or at the port of shipment. The export inspection agency has a right to exercise supervision of inspected consignment(s) at any place or time.
The application should be made in duplicate in the new prescribed form 'Intimation for Inspection' as per standardised pre-shipment export documents to the nearest office of the respective Export Inspection Agency along with the following documents :
Particulars of the consignment intended to be exported. A crossed cheque/draft for the amount of requisite inspection fees or an Indian Postal Order.
• Copy of letter of credit.
• Details of packing specifications.
• Copy of the export order/contract, indicating inter alia the buyer's requirement that goods are strictly according to the prescribed specifications, or as per samples etc.
After satisfying itself that the consignment of exportable goods meets the requirements stipulated in the export contract/order, the inspection agency issues, generally within four days of receipt of intimation for inspection, the necessary certificate of inspection to the exporter in the prescribed proforma in five copies.
The certificate is issued in the standardised form which is aligned pre-shipment export document. (Three copies for exporter, original copy for customs use, the second copy for the use of the foreign buyer and the third copy for the exporter's use, fourth copy for Data Bank, Export Inspection Council, New Delhi and the fifth copy is retained with the agency for their own office record).
In-Process Quality Control (IPQC)
Certain products like chemicals or engineering goods are subject to this control. The inspection is done at various stages of production. The exporter has to get his unit registered as "Export Worthy" and keep record of processing and production. Inspection by the officers of Export Inspection Agency is done from time to time. The certification of inspection on the end-products is then given without in-depth study at the shipment stage. Under this system, export is allowed on the basis of adequacy of in-process quality control and inspection measures exercised by the manufacturing units themselves. The certificates of inspection in favor of the units approved under the scheme are issued by the Export Inspection Agencies (EIAs) in the normal course. However, these units are kept under surveillance by the EIAs and random spot checks of the consignments are carried out by them. Units approved under this system of in-process quality control may themselves issue the certificate of inspection, but only for the products for which they have been granted IPQC facilities. However, these units have the option either to get the certificate from the Export Inspection Agencies (EIAs) or issue the same themselves. Consequently, the manufacturer exporters of products approved under the IPQC have been recognised as an agency for pre-shipment inspection for export of engineering products for which they have been approved by the Export Inspection Agencies at Bombay, Calcutta, Cochin, Delhi and Madras.
Self Certification Scheme
Large manufacturers/exporters, export houses/ trading p 73 houses are allowed the facility of Self-Certification on the theory that the exporter himself is the best judge of the quality of his products and will not allow his reputation to be spoiled in the international market by compromising on quality. The industrial units having proven reputation and adequate testing facilities have to apply to the Director (Inspection and Quality Control), Export Inspection Council of India, 11th Floor, Pragati Tower, 26 Rajendra Place, New Delhi-110008. They are granted a certificate valid for a period of one year, allowing them self-certification facility. The facility is available to manufacturers of engineering products, chemical and allied products and marine products. During this period the exporter can issue a certificate signed by himself or by a person authorised by him. The certificate has to indicate the number and date of EIA's reference for registration under Self-Certification Scheme. It has to be issued in the aligned format as per new standardised pre-shipment documents. The approval of an industrial unit under this scheme is notified in the Gazette of India and the exporter has to pay a lump sum fee to the export inspection agencies depending upon his export turnover.
Minimum Quality Norms prescribed by the Export Inspection Council should be maintained and achieved for the grant of facility under Self-Certification Scheme.
III. ISO 9000
The discussion on quality control and preshipment inspection will be incomplete without saying a few words about ISO 9000.The ISO-9000 Series of Standards evolved by the International Standards Organisation has been accepted worldwide as the norm assuring high quality of goods. The ISO-9000 is also the hallmark of a good quality- oriented system for suppliers and manufacturers. It identifies the basic principles underlying quality, and specifies the procedures and criteria to be followed to ensure that what leaves the manufacturer / supplier's premises fully meets the customers requirements. The ISO-9000 series of standards are basically quality assurance standards and not product standards. ISO-9000 spells out how a company can establish, document and maintain an effective and economic quality control system which will demonstrate to the customer that the company is committed to quality. The series of Standards aims the following:
• Shift from a system of inspection, to one of quality management
• Removing the need for multiple assessments of suppliers
• Gaining management commitment
• Linking quality to cost-effectiveness
• Giving customers what they need
• Writing quality policy
• Nominating a quality representative
• Identifying responsibilities
• Identifying business processes
• Writing a quality manual
• Writing procedures
• Writing work instructions
|Labeling, Packaging, Packing & Marketing Goods|
An important stage after manufacturing of goods or their procurement is their preparation for shipment. This involves labeling, packaging, packing and marking of export consignments. Labeling requirements differ from country to country and the same should be ascertained well in advance from the buyer. The label should indicate quality, quantity, method of use etc. Special international care labels have been specified for the textile items by GINITEX, and the same should be scrupulously adhered to. Packaging fulfills a vital role in helping to get your export products to the market in top condition, as well as in presenting your goods to the overseas buyer in an attractive way. While packaging, quality should not be compromised merely to cut down costs, packaging should also be in conformity with the instructions issued by the importer. Packing refers to the external containers used for transportation . The shape of packing cases play a very important role in packing the cargo, and the nature of packing material to be used will depend upon the items exported As regard specification for the size, weight and strength care must be taken to ensure that the weight of standard case does not exceed 50 Kg. for easy handling of the cargo. Before packing and sealing the goods, it should be ensured that all the contents are properly placed in the case and the list of contents of packing notes should be prepared so that the buyer, the Customs authorities and the Insurance authorities can easily check the contents of each and every case.
The consolidated statement of contents for a number of case is called the Packing List, which should be prepared in the prescribed standardised format.
Marking means to mark the address, number of packages etc. on the packets. It is essential for identification purpose and should provide information on exporters' mark, port of destination, place of destination, order number and date, gross, net and tare weight and handling instructions. It should also be ensured that while putting marks, the law of buyer's country is duly compiled with.
All shipping cases should be marked a number with special symbols selected by the exporters or the importers, so that the competitors cannot find out the details of the customers and the country of destination or supplier's country of despatch. Care should also be taken to ensure that the marking conforms to those written in the invoice, insurance certificate, bill of lading and other documents. The International Cargo Handling Co-ordination, Association has set out for the use of exporters a number of recommendations for the marking of goods carried by ocean-going vessels. They are equally useful for sending goods by other modes of transportation.
The marks should appear in certain order. Essential data should be placed in oblong frames with lines 1.5 centimeters thick, and subsidiary information should be placed in another type of frame.
Declaration on large packages should be placed on two continuous sides, and for consignments bound together on a pallet, also on the top.
Handling instructions should be placed on all four sides. Similar packages, such as goods in sacks, should be marked on two opposite sides.
Lettering should be at least 7.5 centimeters high for essential data, and at least 3.5 centimeters for subsidiary data. If the package is too small for such letter, other sizes may be used, but in the same ratio. The sizes of the symbols should also be in proportion to the size of the package and of the other markings.
Only fast dyes should be used for lettering. Essential data should be in black and subsidiary data in a less conspicuous colour; red and orange lettering should be reversed for dangerous goods only. For food packed in sacks, only harmless dyes should be employed, and the dye should not come through the packing in such a way as to affect the goods.
Stick-on labels should only be used on individual package or parcel and all old labels should be removed. Marking should be made by stencil or by branding or by pencil or brush without a stencil. If stencils are used, care should be taken that the letters and figures are perfectly legible to prevent confusion. This is especially true of the letters and figures --- B.R.P, O, G-G-D-C, H.N; 3-8 : 6-9 and 1-7.
The surface to be marked should be smooth and clean. If packages are to be bonded, they can be marked before this is done; the hoops should not however, cover the markings.
The figure should indicate the total number of packages making up the consignment and the consecutive number of the individual package. For example :1520/15/1 identifies the first package of a total number of 15 packets and 1520/15/15 the last one.
The name of the ship and the bill of lading number should be shown when this is possible. Handling instructions must appear in the language of the exporter and importer, and also, if possible, in the language of the countries where goods are to be handled en route or trans shipped.
New Excise Procedure
All excisable goods exported out of India are exempt from payment of Central Excise Duties, for which two different procedures have been approved :
Rebate of Duty on Goods Export Procedure
Under the first procedure, known as 'Rebate of duty on Goods Export. The manufacturer has first to pay the excise duty on goods meant for export and then claim refund of the same after exportation of such goods to countries except Nepal and Bhutan. This is done under Rule 12 of Central Excise Rules. Under this rule, rebate of duty is granted for the finished stage as well as input stage. Rebate of duty in respect of the excisable materials used in the manufacture of the exported goods shall not be allowed if the exporter avails of the drawback allowed under the Customs and Central Excise Duties Drawback Rules, 1995 or Modvat. The following procedure should be followed while exporting under the rebate of duty. Removal of goods under claim of rebate from a factory or warehouse without examination by the Central Excise Officers. The exporters are allowed to remove the goods for export on their own without getting the goods examined by the Central Excise Officers. Form AR4 in such cases should be prepared in sixtuplicate, giving all particulars and declarations. The exporter shall deliver triplicate, and quadruplicate, quintuplicateand sixtuplicate copies of AR4 to the Superintendent of Central Excise having jurisdiction over the factory or the warehouse, within 24 hours of the removal of the consignment and would retain the original and duplicate copies for presenting along with the consignment to the Customs Officer at the point of export. The jurisdictional superintendent of Central Excise examines the information contained in AR4 and verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true, he signs at appropriate places in the four copies of AR4 submitted to him and plus his stamp with his name and designation below his signature. He would then dispose of the triplicate, quadruplicate, quintuplicate and sixtuplicate copies of AR4 as under:-
ii. Quadruplicate : To the Chief Accounts Officer in the Commissionerate Headquarters.
iii. Quintuplicate : Office copy to be retained by the Central Excise Officer.
iv. Sixtuplicate : To be given to the exporter.
Procedure for exports under Central Excise Seal Where the exporter desires the sealing of the goods by the Central Excise Officers so that the export goods may not be examined by the Customs Officers at the Port/Airport of shipment, he should present an AR4 application in sixtuplicate to the Superintendent of Central Excise having jurisdiction over the factory/warehouse at least 24 hours before the intended removal of the export goods from the factory/warehouse. The Superintendent of Central Excise may depute an Inspector of Central Excise or may himself go for sealing and examination of the export consignment. Where the AR4 indicates that the export is in discharge of an export obligation under a Quantity-based advance License or a Value-based Advance License issued under the Duty Exemption Scheme, in such cases the consignment is invariably examined and sealed by the Superintendent of Central Excise himself. The Central Excise Officer examining the consignment would draw samples wherever necessary in triplicate. He would hand over two sets of samples, duly sealed, to the exporter or his authorized agent, for delivering to the Customs Officers at the point of export. He would retain the third set for his records. The export consignment is carefully examined vis-`-vis the description of goods, their value and other particulars/declarations on the AR4. The Central Excise Officer verifies the facts of payment of duty and other certificates/declarations made by the exporter. After he is satisfied that the information contained in the AR4 is true he would allow the clearances and also sign all the six copies of the AR4 at appropriate places and put his stamp with his name and designation below his signature. The copies of AR4 are disposed of as under:
Triplicate : To the rebate sanctioning authority i.e. Maritime Commissioner of Central Excise or the jurisdictional Assistant Commissioner of Central Excise, as declared by the exporter on the AR4. The Central Excise officer may handover this copy under the sealed cover on exporter's request.
Quadruplicate : To the Chief Accounts Officer at his Commissionerate Headquarters.
Quintuplicate : To be retained for records.
Export under Bond Procedure
Under the second procedure known as "Exports Under Bond" goods can be exported out of India except to Nepal or Bhutan without prior payment of duty subject to the execution of the Bond with security / security for a sum equivalent to the duty chargeable on the goods to be exported. This is done under Rule 13 of Central Excise Rules which deals with export of goods in Bond as well as utilisation of raw materials etc. without payment of duty for manufacture and export of excisable goods. The following procedure has been prescribed in this regard.
|RBI Regulations on Export|
• Gift of goods upto Rs. 5 lakhs without approval
• GR waiver by Ads -upto2% of the average annual exports during preceding 3 years with ceiling of Rs. 5 lakhs-For status holder exports the upper limit is Rs. 10 lakhs or 2% of annual realization of exports whichever is higher
Status Holder redefined
|One Star Export House||- Rs.15 crore|
|Two Star Export House||- Rs.100 crore|
|Three Star Export House||- Rs. 500 crore|
|Four Star Export House||- Rs. 1500 crore|
|Five Star Export House||- Rs. 5000 crore|
Facilities for Star Export Houses
• Exemption from compulsory negotiation of documents through banks. The remittance will be received through banks
• 100% retention of foreign exchange in EEFC
• Enhancement of normal repatriation period from 180 to 360 days
International Credit Card
• GR/SDF should be released by Ads only on receipt of funds in their Nostro Account
• 100% repatriation of off site contracts
• At least 30% repatriation of on site contracts
• Balance 70% can be utilised for contract related expenses .
• A duly audited yearly statement showing receipts under off-site and on-site undertaken, expenses and repatriation to be sent to the AD.
RBI permission required
• Counter trade proposal with Escrow account
• Export of machinery, equipment etc on lease/hire under agreement with overseas lessee and ultimate re- import
• Export on elongated terms.
Authorised Dealers' obligations
• Ensure that documents submitted do not reveal any discrepancies in regard to description of goods, value and country.
Follow up of overdue bills
• Extension requests should be reported to RBI
• To submit XOS statement to RBI on half yearly basis.
Reduction in invoice value
• Reduction should not exceed 10% of invoice value
• Exporter is not caution listed
• Exporter to be advised to surrender proportionate export incentives
• Exporters of over 3 years of export business may be permitted for write of without ceiling provided the export outstanding does not exceed 5% of the average annual realization during the preceding 3 years
Self write off
• The aggregate value of such export bills written off does not exceed 10% of the export proceeds due during the calendar year and such export bills are not a subject of investigation by ED/CBI or any other agencies.
Extension of time
• Ads are permitted to extend the period beyond 6 months where the invoice value does not exceed $1,00,000
• Such extension may be grated for a period of 3 months at a time
• When extension granted more than one year, the total export outstanding should not be more than 10% of the average of export realizations during the preceding 3 financial years
Role of Authorised Dealers
• To ensure that importers furnish evidence of import
• Remittances against imports to be completed within six months
• Deferred payment arrangements beyond six months and upto3 years will be considered as trade credits
• If the amount exceeds $ 1,00,000, an unconditional, irrevocable standby LC or a guarantee from an international bank or guarantee of an AD in India is obtained
• In case importer is unable to furnish a bank guarantee, the requirement may be waived for advance upto$ 1,000,000
• PSUs/Govt departments which is not in a position to obtain a guarantee, they are required to obtain a waiver from Ministry of Finance
Evidence of Import-AD's obligation
• Importer submits Bill of Entry for home consumption or Bill of Entry for warehousing in case of 100% EOUs
• Importer submits Custom Assessment Certificate as declared by the importer to Customs Authorities
• No follow up for imports below $ 100,000
• AD to acknowledge receipt of evidence of import EC copy of Bill of Entry
• Internal inspectors or auditors to verify the documents evidencing import
• Documents evidencing imports should be preserved for a period of one year-if there is any investigation, only with clearance from the investigating agencies
• AD may accept either EC copy of BE or a certificate from CEO or auditor of the company provided the amount of foreign exchange remitted is less than $ 1,000,000 and the importer is a company listed on stock exchange in India and its net worth is not less than Rs. 100 cr.
Import Evidence-Follow up
• AD to forward to RBI half yearly statement in form BEF furnishing details of transactions exceeding $ 100,000 where importer defaulted in submission of document evidencing import
• Exporters and importers can book forward contracts based on declaration
• Maturity of the hedge not to exceed the maturity of the underlying
• Currency and tenor left to the choice of the customer
• Forward contracts booked to hedge current account transactaions may be allowed to be cancelled and re booked freely
Limit for forward contracts
• Contracts booked in excess of 25% of the eligible limit will be on deliverable basis and cannot be cancelled
• AD may grant permission for the outstanding limit of (100%) of contract
• Amount of overdue bills should not be in excess of 10% of turnover
• Post-shipment credit
• Credit in foreign currency (PCFC)
• Credit in rupees
• Powers delegated to authorised dealers to decide quantum of loan
• Pre shipment credit -LIBOR+1% for 90 days
• Post shipment credit -LIBOR+1% for 90 days
• Pre shipment credit -PLR-2.5% for 180 days
• Post shipment credit -PLR -2.5% for 90 days
Exchange rate stability to help exporters
• RBI intervenes in the market to avert steep appreciation in rupee considering the huge inflow of foreign currency funds
[Paragraph 9A.2(iii) and 9A.12]
|Telephone:||Name and address of ...............................................|
|Telex :||Authorised Dealer ....................................................|
|Fax :||Uniform Code No. of Branch .....................................|
|Serial No.||Date ...........|
We hereby certify that the position regarding export bills negotiated or sent for collection by us on account of
(Name & address of the exporter) (Importer/Exporter Code No.)
in respect of the first/second half year of the year ending June/December .................. is shown hereunder :
Destination of Exports
Total amount of export bills realised
Value of export bills outstanding beyond the due date or six months
from the date of shipment, whichever
is earlier, as on date of issue of certificate
We certify that out of the total amount shown under column (3), extension of time has been obtained from the Reserve Bank in respect of bills of the value Rs..................................
|Signature ..............................................||Signature .............................….......|
|Name …..............................................||Name .............................……........|
|Designation ..........................................||Designation ...................................|
|First Authorised Signatory||Second Authorised Signatory|
|Other Documents Required|
Shipping Bill/ Bill of Export is the main document required by the Customs Authority for allowing shipment. Usually the Shipping Bill is of four types and the major distinction lies with regard to the goods being subject to certain conditions which are mentioned below:
• Free of duty/ cess
• Entitlement of duty drawback
• Entitlement of credit of duty under DEPB Scheme
• Re-export of imported goods
The following are the documents required for the processing of the Shipping Bill:
• 4 copies of the packing list mentioning the contents, quantity, gross and net weight of each package.
• 4 copies of invoices which contains all relevant particulars like number of packages, quantity, unit rate, total f.o.b./ c.i.f. value, correct & full description of goods etc.
• Contract, L/C, Purchase Order of the overseas buyer.
• AR4 (both original and duplicate) and invoice.
• Inspection/ Examination Certificate.
The formats presented for the Shipping Bill are as given below:
• Green Shipping Bill in quadruplicate for the export of goods which are under claim for duty drawback.
• Yellow Shipping Bill in triplicate for the export of dutiable goods.
• Blue Shipping Bill in 7 copies for exports under the DEPB scheme.
Note :- For the goods which are cleared by Land Customs, Bill of Export (also of 4 types - white, green, yellow & pink) is required instead of Shipping Bill.
|Documents Required for Post Parcel Customs Clearance|
Documents Required for Post Parcel Customs Clearance
In case of Post Parcel, no Shipping Bill is required. The relevant documents are mentioned below:
Customs Declaration Form - It is prescribed by the Universal Postal Union (UPU) and international apex body coordinating activities of national postal administration. It is known by the code number CP2/ CP3 and to be prepared in quadruplicate, signed by the sender.
Despatch Note, also known as CP2. It is filled by the sender to specify the action to be taken by the postal department at the destination in case the address is non-traceable or the parcel is refused to be accepted.
Prescriptions regarding the minimum and maximum sizes of the parcel with its maximum weight: Minimum size: Total surface area not less than 140 mm X 90 mm.
Maximum size: Lengthwise not over 1.05 m. Measurement of any other side of circumference 0.9 m./ 2.00 m.
Maximum weight: 10 kg usually, 20 kg for some destinations.
Commercial invoice - Issued by the seller for the full realisable amount of goods as per trade term.
Consular Invoice - Mainly needed for the countries like Kenya, Uganda, Tanzania, Mauritius, New Zealand, Burma, Iraq, Ausatralia, Fiji, Cyprus, Nigeria, Ghana, Zanzibar etc. It is prepared in the prescribed format and is signed/ certified by the counsel of the importing country located in the country of export.
Customs Invoice - Mainly needed for the countries like USA, Canada, etc. It is prepared on a special form being presented by the Customs authorities of the importing country. It facilitates entry of goods in the importing country at preferential tariff rate.
Legalised/ Visaed Invoice - This shows the seller's genuineness before the appropriate consulate/ chamber of commerce/ embassy. It do not have any prescribed form.
Certified Invoice - It is required when the exporter needs to certify on the invoice that the goods are of a particular origin or manufactured/ packed at a particular place and in accordance with specific contract. Sight Draft and Usance Draft are available for this. Sight Draft is required when the exporter expects immediate payment and Usance Draft is required for credit delivery.
Packing List - It shows the details of goods contained in each parcel/ shipment.
Certificate of Inspection - It shows that goods have been inspected before shipment.
Black List Certificate - It is required for countries which have strained political relation. It certifies that the ship or the aircraft carrying the goods has not touched those country(s).
Weight Note - Required to confirm the packets or bales or other form are of a stipulated weight.
Manufacturer's/ Supplier's Quality/ Inspection Certificate.
Manufacturer's Certificate - It is required in addition to the Certificate of Origin for few countries to show that the goods shipped have actually been manufactured and are available.
Certificate of Chemical Analysis - It is required to ensure the quality and grade of certain items such as metallic ores, pigments, etc.
Certificate of Shipment - It signifies that a certain lot of goods have been shipped.
Health/ Veterinary/ Sanitary Certification - Required for export of foodstuffs, marine products, hides, livestock etc.
Certificate of Conditioning - It is issued by the competent office to certify compliance of humidity factor, dry weight, etc.
Antiquity Measurement - Issued by Archaeological Survey of India in case of antiques.
Transhipment Bill - It is used for goods imported into a customs port/ airport intended for transhipment.
Shipping Order - Issued by the Shipping (Conference) Line which intimates the exporter about the reservation of space of shipment of cargo through the specific vessel from a specified port and on a specified date.
Cart/ Lorry Ticket - It is prepared for admittance of the cargo through the port gate and includes the shipper's name, cart/ lorry No., marks on packages, quantity, etc.
Shut Out Advice - It is a statement of packages which are shut out by a ship and is prepared by the concerned shed and is sent to the exporter.
Short Shipment Form - It is an application to the customs authorities at port which advises short shipment of goods and required for claiming the return.
Shipping Advice - It is prepared in aligned document to be used to inform the overseas customer about the shipment of goods.