How to do Exports
Introduction
Commodity Boards and Other
Export Promotion Organisations
Formalities required for Export
Arranging Finance
Important tips for exporters
Procuring/Manufacturing Goods
for Export & their Inspection by Government Authorities
Labeling, Packaging, Packing
and Marking Goods
RBI Regulations on Exports
Other Documents Required
Imports
Documents Required for Post
Parcel Customs Clearance
» Introduction
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
:-
1. Administrative and General Division
2. Finance Division
3. Economic Division
4. Trade Policy Division
5. Foreign Trade Territorial Division
6. Export Products Division
7. Export Industries Division
8. Export Services Division
9. Supply Division
The Department's jurisdiction extends over:-
(a) Two Attached Offices
· Directorate
General of Foreign Trade (DGFT):- 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.
· Directorate General of Supplies and
Disposal (DGS&D):- 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
· Directorate
General of Commercial Intelligence and Statistics (DGCI&S) :-
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.
· Office of Development Commissioner
of Special Economic Zones :- 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.
· Office of the Custodian of Enemy Property
(CEP) :- is located in Mumbai with a Branch office at Kolkata. The
office is functioning under the Enemy Property Act,1968. All immovable (like
land, buildings, etc.) and movable properties (like securities, shares, debentures,
bank balances, viz. fixed deposits and other amounts lying in the enemy nationals'
bank accounts, Provident fund balances etc.) all over India belonging to or
held by or managed on behalf of Pakistani nationals between the period 10.9.1965
and 26.9.1977 are vested in the Custodian of Enemy Property for India.
· Pay and Accounts Office (Supply) :-
The payment and accounting functions of Supply Division, including those of
DGS&D, are performed by the Chief Controller of Accounts (CCA) under the
Departmentalized Accounting System. Payment to suppliers across the country
is made through this organisation.
· Pay and Accounts Office (Commerce &
Textiles) :- The Pay and Accounts Office, common to both the Department
of Commerce and the Ministry of Textiles, is responsible for the payment of
claims, accounting of transactions and other related matters through the four
Departmental Pay & Accounts Offices in Delhi, two in Mumbai, two in Kolkata
and one in Chennai.
» Commodity Boards and Other Export Promotion Organisations
· Coffee
Board :- The Coffee Board of India is an autonomous body, functioning
under the Ministry of Commerce and Industry, Government of India. The Board
serves as a guide of the coffee industry in India. The Board focuses on research,
development, extension, quality upgradation, market information, and the domestic
and external promotion of Indian coffee.
· Rubber Board :- The board
is engaged in the development of the rubber industry. This is done by assisting
and encouraging scientific, technical and economic research; supplying technical
advice to rubber growers; and training growers in improved methods of plantation
and cultivation.
· Tea Board :- The primary functions
of tea board include rendering financial and technical assistance for cultivation,manufacture,marketing
of tea; promoting tea exports ;aiding research and developmental activities
for augmentation of tea production and improvement of tea quality as well
as encouraging and assisting small growers sector financially and technically.
· Tobacco Board:- The Government
of India established the Tobacco Board, in place of Tobacco Export Promotion
Council, under the Tobacco Board Act of 1975 to regulate production, promotion
of overseas marketing and to control recurring instances of imbalances in
supply and demand, which lead to market problems,The Tobacco Board Act aims
at the planned development of Tobacco Industry in the country. The activities
of the Board includes the regulation of the production and curing of Virginia
Tobacco with regard to the demand in India and abroad.
· Spices Board :- Spices Board
was constituted on 26th February 1986 under the Spices Board Act 1986. It
is one of the Commodity Boards functioning under the Ministry of Commerce
& Industry. It is an autonomous body responsible for the export promotion
of the scheduled spices and production or development of some of them such
as Cardamom and Vanilla.
· Export Inspection Council (EIC), New
Delhi :- The Export Inspection Council is responsible for the enforcement
of quality control and compulsory preshipment inspection of various commodities
meant for export and notified under the Export (Quality Control & Inspection)
Act, 1963.
Indian Institute of Foreign Trade (IIFT),
New Delhi :- is engaged in the following activities:-
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 :- is registered under the Societies Registration Act.The
main aim of this Institute is to undertake research of raw materials for the
packaging industry, to organise training programmes on packaging technology
and to stimulate consciousness of the need for good packaging etc.
· Marine Products Exports Development
Authority (MPEDA), Kochi :- functions under the Ministry of Commerce,
Government of India and acts as a coordinating agency with different Central
and State Government establishments engaged in fishery production and allied
activities. The Authority is responsible for development of the marine products
industry with special focus on marine exports. The role envisaged for the
MPEDA is comprehensive covering fisheries of all kinds, increasing exports,
specifying standards, processing, marketing, extension and training in various
aspects of the marine industry.
· Agricultural and Processed Food Products
Export Development Authority (APEDA), New Delhi :- came into existence
in 1986 to further develop agricultural commodities and processed foods, and
to promote their exports.The aim is to maximize foreign exchange earnings
through increased agro exports, to provide better income to the farmers through
higher unit value realization and to create employment opportunities in rural
areas by encouraging value added exports of farm produce.
(d) Export Promotion Councils (EPCs) :-
Presently there are twelve EPCs under the administrative
control of the Ministry of Commerce.These councils are registered as non-profit
organisations under the Companies Act. The Councils perform both the advisory
and executive functions.These councils are also the registering authorities
under the Import Policy for Registered Exporters.
(e) Other Organisations :-
· Federation
of Indian Export Organisations (FIEO):- is an apex body of various
export promotion organizations and institutions with its major regional offices
at Delhi, Mumbai, Chennai and Kolkata. It provides the content, direction
and thrust to India's global export effort.
· Indian Council of Arbitration (ICA),
New Delhi :- set up under the Societies Registration Act promotes
arbitration as a means of settling commercial disputes and popularizes the
concepts of arbitration among the traders, particularly those engaged in international
trade.
· Indian Diamond Institute (IDI), Surat
:- 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
· Board
of Trade (BOT):- was set up on May 5, 1989 with a view to providing
an effective mechanism to maintain continuous dialogue with trade and industry
in respect of major developments in the field of International Trade.
· Export Promotion Board (EPB):-
provide policy and infrastructural support through greater coordination amongst
concerned Ministries for boosting the growth of exports.
· Directorate General of Anti-Dumping
& Allied Duties (DGAD):- The Directorate is responsible for carrying
out investigations and to recommend, where required, under Customs Tariff
Act, the amount of anti-dumping duty/countervailing duty on the identified
articles which would be adequate to remove injury to the domestic industry.
(g) Public Sector Undertakings :-
The following trading/service corporations are
functioning under the administrative control of the Department of Commerce:-
· State Trading Corporation
(STC) of India Ltd.
· 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 :-
· Registration
The exporters have to obtain PAN based Business Identification Number(BIN)
from the Directorate General of Foreign Trade prior to filing of shipping
bill for clearance of export goods.
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.
Processing of Shipping Bill
In case of export by sea or air, the exporter must submit the 'Shipping Bill',
and in case of export by road he must submit 'Bill of Export' in the prescribed
form containing the prescribed details such as the name of the exporter, consignee,
invoice number, details of packing, description of goods, quantity, FOB value,
etc. Along with the Shipping Bill, other documents such as copy of packing list,
invoices, export contract, letter of credit, etc. are also to be submitted.
There are 5 types of shipping bills :-
Shipping Bill for export of duty free
goods. This shipping bill is white colored.
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.
The Bills of Export are :-
Bill of export for goods under claim
for duty drawback
Bill of export for dutiable goods
Bill of export for duty free goods
Bill of export for duty free goods ex-bond
Let Export Order
After the receipt of the goods in the dock, the exporter may contact the Customs
Officer designated for the purpose and present the checklist with the endorsement
of Port Authority and other declarations along with all original documents.
Customs Officer may verify the quantity of the goods actually received and thereafter
mark the Electronic Shipping Bill and also hand over all original documents
to the Dock Appraiser, who may assign a customs officer for the examination
of the goods. If the Dock Appraiser is satisfied that the particulars entered
in the system conform to the description given in the original documents, he
may proceed to allow "let export" for the shipment.
Registration
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:

Bank Receipt (in duplicates)/Demand Draft for payment of the fee of Rs.
1,000/-.
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.
Despatching Samples
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.
Appointing Agents
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 :
Size of the agent's company
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
Some source of information on agents are:
Government Departments Trade Associations
Chambers of Commerce
Banks
Independent Consultants
Export Promotion Councils
Advertisement Abroad.
Specimen Copy of Agreement
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 :
i. The exporter agrees that
during the currency of the agreement he will not correspond or in any way
deal with any part in the territory specified unless requested to do so by
the importers.
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 (.............)
Witness.............. (Exporter)
Witness.............. (Importer)
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:
exports on deferred payment terms
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 :
i. Bank Certificate about the financial position
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.
» Arranging Finance
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.
Pre-Shipment Finance
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.
Rates-of-Interest
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:
a. Upto 90 days 10% p.a.
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
I. Exchange Rates : Export contracts
are concluded either in Indian rupee or in foreign currency. Where the contracts
are in Indian rupee, the related documents are also prepared in Indian rupees
and no conversion is involved. However, where the bill is drawn in foreign
currency, like US $, DM etc., you will get Indian rupees only after the conversion
of foreign currency at the appropriate exchange rate. Thus the exchange rates
become very important to determine the Indian rupees payable. A favorable
exchange rate will fetch you more rupees and vice-versa. It, therefore, becomes
essential for you to gain some basic knowledge about exchange rate, the working
out of its quotation by the banks, the factors determining the exchange rates
in the market and the precautions you should take so as to avoid possible
losses in future, due to adverse movement of the exchange rates. In the following
paragraphs we shall endeavor to explain these issues. The rates applied by
the banks for converting foreign currency into Indian rupees and vice versa
are known as exchange rates. In other words, exchange rate is the rate at
which one currency can be exchanged for another. There are two systems of
quoting exchange rates :
a. Direct Quotation : Where
the price of foreign currency is quoted in terms of home or local currency.
In this system variable units of home currency equivalent to a fixed unit
of foreign currency is quoted. For example : US $ 1 = Rs. 40.00
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 invoicing in Indian Rupees.
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
I. Procuring / Manufacturing
Goods
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 the Commercial Invoice.
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:
Increased customer confidence in the
company
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
The implementation of ISO-9000 Standards involves:
Management education
Writing quality policy
Nominating a quality representative
Identifying responsibilities
Identifying business processes
Writing a quality manual
Writing procedures
Writing work instructions
It is thus clear that the ISO-9000 series of standards constitute of concept
of Total Quality Management (TQM).
» Labeling, Packaging, Packing and Marking 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.
Suggestions
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:-
i. Triplicate : To there bate
sanctioning authority viz. Maritime Commissioner of Central Excise or the
assistant commissioner of Central Excise declared by the exporter on the AR4.
This copy on the request of exporter may be sealed and handed over to the
exporter / his authorized agent for presenting to the rebate sanctioning authority.
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:
Original and Duplicate : To
the exporter for presenting to Customs Officer at the point of export along
with the export consignment.
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 Exports
Exports

Exemption from declaration-exports not exceeding $ 25,000

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

Foreign Trade Policy 2004-2009 redefined the status holders (based
on export performance of current + previous 3 years)
| 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

Authorisation/license/certificate/ permissions and Custom clearances for both
imports and exports on self declaration basis

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

Overseas buyers are permitted to pay through ICC during their visits to India

GR/SDF should be released by Ads only on receipt of funds in their Nostro
Account
Software exports

On site and off site contracts

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

To acquire immovable property outside India by Indian corportes who have set
up overseas offices (business or residential)

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.
General Permission
Participation in international
trade-opening temporary FC account-AD to approve GR-exporters to produce Bill
of Entry within one month.
Authorised Dealers' obligations

Authorised Dealers may handle the export documents submitted beyond 21 days
without prior approval of RBI

Ensure that documents submitted do not reveal any discrepancies in regard
to description of goods, value and country.
Follow up of overdue bills

Ads to closely watch realization of bills

Extension requests should be reported to RBI

To submit XOS statement to RBI on half yearly basis.
Reduction in invoice value

Ads can approve reduction in invoice value after the bills is negotiated or
sent for collection

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

All exporters permitted write off and reduction of invoice value and extend
the period of realization beyond 180 days provided

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

Exporters to submit the application through the Authorised Dealer (Form ETX)

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
» Imports
Role of Authorised Dealers

May freely open LC sand allow remittances for import of goods

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
Advance Remittance

Ads may permit advance remittance

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

Authorised Dealers to ensure in respect of imports exceeding $ 100,000 that

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

If importer does not furnish documentary evidence within 3 months involving
foreign exchange $ 100,000, the AD should rigorously follow up in the next
3 months

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
Risk Management

Forward contract permitted to hedge exposure to exchange risk

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

Importers and exporters can book forward contract on declaration basis based
on past performance upto the average of previous three years (financial year)
actual import/export turnover or the previous year's actual import/export
turnover whichever is higher

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
Export Credit

Pre Shipment credit

Post-shipment credit

Credit in foreign currency (PCFC)

Credit in rupees

Powers delegated to authorised dealers to decide quantum of loan
Interest rate on export credit
Foreign currency credit

Pre shipment credit -LIBOR+1% for 90 days

Post shipment credit -LIBOR+1% for 90 days
Rupee credit

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 endeavours to maintain stability in exchange rate to help exporters

RBI intervenes in the market to avert steep appreciation in rupee
considering the huge inflow of foreign currency funds
CERTIFICATE OF EXPORT
BCX
[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
M/s.........................................................................................
...................
(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 :
(Amounts in lakhs of Rupees)
|
Destination of Exports
Country/ies
|
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
|
Remarks
|
| (1) |
(2) |
(3) |
(4) |
| 1. |
|
|
|
| 2. |
|
|
|
| 3. |
|
|
|
| Total : |
|
|
|
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
Certain documentation takes place while exporting from India. Special documents
may be required depending on the type of product or destination. Certain export
products may require a quality control inspection certificate from the Export
Inspection Agency. Some food and pharmaceutical product may require a health
or sanitary certificate for export.
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:
Export duty/ cess
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:
GR forms (in duplicate) for shipment to
all the countries.
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:
White Shipping Bill in triplicate for
export of duty free of goods.
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
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.