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FEMA ON EXPORTS
1. 2. 3. 4. STATUTORY BASIS FOR CONTROL IE CODE NO. ON ALL COPIES OF DECLARATION FORMS DECLARATION FORMS: GR:EXPORTS MADE OTHER THAN BY POST SDF:WHERE EDI SYSTEM IS INTRODUCED PP:BY POST PARCEL EXCEPT ON VALUE PAYABLE AND CASH ON DELIVERY BASIS SOFTEX:SOFTWARE IN NON PHYSICAL FORM ALL FORMS PRINTED/SERIALLY NUMBERED/SUPPLIED BY RBI
DECLARATION FORMS
EXPORT DECLARATION FORMS
GR/SDF(IN DUPLICATE TO CUSTOMS; CUSTOMS WILL VERIFY&SEND ORIGINAL TO RBI AND DUPLICATE TO EXPORTER) PP(IN DUPLICATE TO AD;AD COUNTERSIGNS & GIVES ORIGINAL TO EXPORTER POSTAL AUTHORITIES AFTER DESPATCH OF GOODS TO RBI. SOFTEX(IN TRIPLICATE TO MIN OF IT ORIGINAL TO RBI,DUPLICATE TO EXPORTER,TRIPLICATE FOR RECORD. CUSTOMS WILL CERTIFY VALUE DECLARED BY EXPORTER.
Exporter
Customs
Authorised dealer
Exch control copy Sent with R return, fortnightly Once payment is recd 4
RBI
Exporter
SOFTEX in triplicate 1
DOE STPI
Authorised dealer
RBI
Exporter
AD
Post Office
RBI
FEMA ON EXPORTS
DECLARATION FORMS SIGNIFICANCE
TO BRING BACK
FULL EXPORT PROCEEDS WITHIN THE PRESCRIBED TIME LIMIT IN THE PRESCRIBED MANNER EXPORTER SHOULD SUBMIT TO AD,THE DUPLICATE COPY OF GR FORM WITH SHIPPING DOCS WITHIN 21 DAYS FROM THE DATE OF SHIPMENT.
DECLARATION FORMS
AD TO REPORT TO RBI IN FORTNIGHTLY STATEMENT ENC ALONGWITH R RETURN ON REALISTION OF EXPORT PROCEEDS, AD AFTER DUE CERTIFICATION, SHOULD BE RETAINED BY ADs. ADs SHOULD ENSURE, THROUGH RANDOM CHECK OF THE DUPLICATE FORMS BY THE INTERNAL/ CONCURRENT AUDITORS DUPLICATE COPIES OF DECL FORMS ARE NOT TO BE RETURNED TO EXPORTER EXCEPT FOR RECTIFICATION OF ERRORS
3. 4.
EXPORTS PROCEEDS TO BE RECD WITHIN SIX MONTHS FROM DATE OF SHIPMENT FOR SOFTWARE,DATE OF EXPORT ie. DATE OF INVOICE HOW MANY DAYS IN SIX MONTHS? IF EXPORTED TO APPROVED INDIAN WAREHOUSES ABROAD, WITHIN 15 MONTHS FROM DATE OF SHIPMENT FOR EXTENSION, RBI APPROVAL NECESSARY.
3. 4.
CHANGE OF BUYER
IF DEFAULT OF ORIGINAL BUYER SAME TERMS AND CONDITIONS WITHOUT APPROVAL OF RBI/BY AD CHANGE OF BUYER WITH 10% REDUCTION IN INVOICE VALUE CHANGE AND REDUCTION IN INVOICE VALUE >10%,SUBJECT TO PREVIOUS SLIDE.
1.
2.
ADVANCE PAYMENTS
WHERE ADVANCE PAYMENT IS RECD BY EXPORTER(WITH/WITHOUT INTEREST): 1. SHIPMENT OF GOODS WITHIN ONE YEAR FROM DATE OF RECEIPT OF ADVANCE 2. RATE OF INTEREST PAYABLE IF ANY, NOT TO EXCEED LIBOR + 100 BPS & 3. DOCS COVERING SHIPMENT ARE ROUTED THRO THE AD THRO WHOM ADVANCE PAYMENT IS RECD.
ADVANCE PAYMENTS
IF EXPORTER IS UNABLE TO MAKE SHIPMENT WITHIN THE TIME FRAME, NO REFUND OF UNUTILISED PORTION OF ADVANCE PAYMENT OR PAYMENT OF INTEREST,SHALL BE MADE AFTER THE EXPIRY OF ONE YEAR, WITHOUT RBI APPROVAL EVEN IF THE EXPORT AGREEMENT PROVIDES FOR SHIPMENT OF GOODS EXTENDING BEYOND THE PERIOD OF ONE YEAR FROM THE DATE OF RECEIPT OF ADVANCE,PRIOR APPROVAL OF RBI IS REQUIRED.
IF AMOUNT OUTSTANDING >=360 DAYS AND DOC EVIDENCE BY EXPORTER THAT PROCEEDS NOT REALISABLE IN SPITE OF HIS EFFORTS:
BUYER DECLARED INSOLVENT OVERSEAS BUYER NOT TRACEABLE GOODS AUCTIONED/DESTROYED BY CUTOMS/PORT/HEALTH AUTHORITIES WITH CERTIFICATE BY CHAMBER OF COMMERCE/ INDIAN EMBASSY COST OF LEGAL ACTION DISPROPORTIONATE EXPORTER HAS CLEAN TRACK RECORD SURRENDERED INCENTIVES PRO RATA
4. 5. 6.
SUPPLIERS/BUYERS CREDIT
SHORT TERM LOANS FOR PAYMENT OF IMPORTS INTO INDIA EXTENDED BY OVERSEAS SUPPLIER (SUPPLIERS CREDIT) ARRANGED BY IMPORTER FROM A BANK OR FINANCIAL INSTITUTION OUTSIDE INDIA(BUYERS CREDIT) FOR MATURITY LESS THAN THREE YEARS REQUIRES PRIOR APPROVAL OF RBI
TRADE CREDIT
AD TO REPORT IN FORM TC TO RBI EVERY MONTH EACH TRADE CREDIT TO BE GIVEN A UNIQUE ID 1. THE CREDIT IS EXTENDED FOR A PERIOD LESS THAN ONE/THREE YEARS 2. AMOUNT DOES NOT EXCEED USD 20 MILLION PER IMPORT TRANSACTION 3. ALL IN COST PER ANNUM PAYABLE FOR THE CREDIT DOES NOT EXCEED LIBOR +50BPS FOR CREDIT UPTO ONE YEAR AND 4. LIBOR + 125 BPS FOR CREDIT FOR PERIODS BEYOND ONE YEAR AND UPTO THREE YEARS. 5. FOR THE CURRENCY OF THE CREDIT 6. ALL IN COST INCLUDES ARRANGER FEE,UPFRONT FEE,MANAGEMENT FEE,PROCESSING CHARGES,OUT OF POCKET EXPENSES AND LEGAL EXPENSES IF ANY.
CRYSTALLISATION
TRANSFERRING OF EXCHANGE RISK TO THE EXPORTER/ IMPORTER BY CONVERTING THE LIABILITY FROM FCY TO INR FBP/FBN/FBD: AT CURRENT BILLS BUYING RATE +INTEREST (FOR THE NTP&USANCE PERIOD, IF ANY). CRYSTALLISATION TO BE DONE AT THE TT SELLING RATE/EXCHANGE RATE/ORIGINAL BILLS BUYING RATE, WHICHEVER IS HIGHER. INTEREST TO BE RECOVERED FROM DUE DATE TO DATE OF CRYSTALLISATION IF BILLS ARE REALISED AFTER CRYSTALLISATION, THEN AD TO ADJUST AS PER THE TT BUYING RATE.DIFFERENCE IF ANY TO BE RECOVERED/PAID TO THE EXPORTER
CRYSTALLISATION
AD TO CRYSTALLISE THIS LIABILITY ON THE : 1. 30TH DAY AFTER THE EXPIRY DATE OF NTP(UNPAID DEMAND BILLS) 2. 30TH DAY AFTER THE EXPIRY OF THE NOTIONAL DUE DATE(UNPAID USANCE BILLS) 3. 30TH DAY AFTER THE ACTUAL DUE DATE(WHERE FIXED DUE DATE) 4. IF THE 30TH DAY IS A HOLIDAY OR SATURDAY, THEN ON THE NEXT WORKING DAY 5. CAN BE DONE BEFORE 30TH DAY ALSO ON WRITTEN REQUEST OF EXPORTER
CRYSTALLISATION: AN EXAMPLE
DATE OF PURCHASE:1ST SEP 2006 VALUE: USD 100,000 DUE DATE: 1ST OCT 2006 EXCHANGE RATE(BILLS BUYING):48/ON 31ST OCT 2006: SITUATION ONE: TT SELLING RATE IS Rs.50/ SITUATION TWO: TT SELLING RATE IS Rs.47/-
CRYSTALLISATION: AN EXAMPLE
ON 1ST SEP 2006 FBP Dr. 48,00,000 CUSTOMER A/C Cr. 48,00,000 ON 31ST OCT 2006: SITUATION ONE: RUPEE LIABILITY ON UNPAID EXPORT BILLS Dr. FBP Cr. PROFIT AND LOSS A/C Cr.
CRYSTALLISATION: AN EXAMPLE
ON 1ST SEP 2006 FBP Dr. 48,00,000 CUSTOMER A/C Cr. 48,00,000 ON 31ST OCT 2006: SITUATION TWO: RUPEE LIABILITY ON UNPAID EXPORT BILLS Dr. CUSTOMER A/C Dr. FBP Cr.
CRYSTALLISATION
ON REALISATION: Dr: MIRROR NOSTRO A/C (TT BUYING RATE) Cr: RUPEE LIABILITY ON UNPAID EXPORT BILLS DIFFERENCE TO BE PAID/ RECOVERED FROM CUSTOMER
Goods
Open General Licence OGL Negative List
Restricted
Quantity
Value
Licence
FEMA ON IMPORTS
IE CODE NO. IMPORTABILITY OF GOODS
HS CODE NO. LICENCE FEATURES 1. AD TO ENDORSE ON EC COPY UNDER STAMP AND SIGNATURE DETAILS OF LC OPENED/FORWARD CONTRACTS BOOKED/AMT OF INSURANCE & FREIGHT PAID IN RUPEES 2. LICENCES ISSUED FOR CIF VALUE OF GOODS IN RUPEES & FCY {AT RATE: DATE OF ISSUE OF LICENCE} 3. FULLY UTILISED LICENCE TO BE RETAINED BY AD 4. SHIPMENT/DESPATCH BEFORE DATE OF EXPIRY OF LICENCE[LAST DATE OF MONTH]
IMPORT LICENCE
EXPRESSED IN RUPEES AND FCY. LICENCE VALID FOR FCY VALUE. LICENCE FULLY UTILIZED TO BE RETAINED BY AD. LICENCE VALID TILL THE LAST DATE OF THAT MONTH IN WHICH THE LICENCE EXPIRES. SHIPMENT/DESPATCH SHOULD TAKE PLACE BEFORE THE EXPIRY OF LICENCE. LICENCES ISSUED FOR CIF VALUE OF GOODS IN RUPEES & FCY {AT RATE: DATE OF ISSUE OF LICENCE}.
TIME LIMIT
BASIC RULE:PAYMENT SHOULD BE MADE WITHIN SIX MONTHS FROM THE DATE OF SHIPMENT DEFERRED PAYMENT BEYOND SIX MONTHS;APPROVAL OF RBI {TREATED AS ECB} IMPORTER CAN WITHHOLD AMOUNT NOT EXCEEDING 15% OF COST OF GOODS TOWARDS GUARANTEE OF PERFORMANCE (NO INTEREST)
TIME LIMIT
BEYOND SIX MONTHS:AD CAN DO IF SATISFIED WITH REASONS(BEYOND THE CONTROL OF IMPORTER) OF DELAY AND NO INTEREST FOR ADDITIONAL PERIOD IF INTEREST TO BE PAID: IN THE CURRENCY OF INVOICE AT PRIME RATE OF THE COUNTRY OR LIBOR FOR THE CURRENCY UPTO MAX. OF 60 DAYS BEYOND 180 DAYS FROM DATE OF SHIPMENT; PROVIDED THE IMPORT BILL IS PAID
1. 2. 3. 4.
ADVANCE PAYMENTS
DOCUMENTARY EVIDENCE FOR COST OF GOODS AND INSISTENCE OF OVERSEAS SUPPLIER: DIRECT TO OVERSEAS SUPPLIER VALID IMPORT LICENCE UPTO USD 1,00,000 EITHER IMPORT OF RAW MATERIALS OR CAPITAL GOODS -EXCEEDING USD 1,00,000, AN IRREVOCABLE STANDBY LC/A BANK GUARANTEE FROM A BANK OF INTERNATIONAL REPUTE/AD IN INDIA TO BE OBTAINED.
ADVANCE PAYMENTS
WHERE THE IMPORTER(OTHER THAN PSU/DEPTT OF THE GOVT) IS UNABLE TO OBTAIN BANK GUARANTEE AND THE BANK IS SATISFIED WITH THE TRACK RECORD/BONAFIDES OF THE IMPORTER, THE REQUIREMENT OF BF/LC NEED NOT BE INSISTED UPON FOR ADVANCE REMITTANCES UPTO USD ONE MILLION. FOR PSUs AND GOVT DEPTT, BG/LC IS WAIVED FOR REMITTANCES EXCEEDING USD 1,00,000 IF THE IMPORTER FAILS TO IMPORT THE GOODS WITHIN THE STIPULATED PERIOD, THEN THE AMOUNT TO BE REPATRIATED IMMEDIATELY.
EVIDENCE OF IMPORT
EXCHANGE CONTROL COPY OF BILL OF ENTRY WITHIN 3 MONTHS FROM DATE OF REMITTANCE {CAPITAL GOODS:TWELVE MONTHS}; IF THE VALUE OF IMPORT IS > USD 1,00,000 IMPORTER TO GIVE UNDERTAKING TO PROVIDE DOC EVIDENCE WITHIN 15 DAYS FROM THE CLOSE OF THE RELEVANT PERIOD. FOLLOW UP FOR THE NEXT THREE MONTHS AD TO REPORT IN HALF YEARLY STATEMENT BEF(FOR VALUES >USD100,000) [JUN/DEC],TO RBI WITHIN 15 DAYS FROM END OF THE HALF YEAR
EVIDENCE OF IMPORT
AP:DIR 15/9 DATED 9TH SEP 2002/18TH AUG 2003 WHERE THE FOREX REMITTED FOR IMPORT IS LESS THAN USD 1,000,000/- OR ITS EQUIVALENT AD MAY ACCEPT EITHER: 1. EXCHANGE CONTROL COPY OF BILL OF ENTRY FOR HOME CONSUMPTION OR 2. A CERTIFICATE FROM THE CEO OR AUDITOR OF THE COMPANY THAT THE GOODS FOR WHICH REMITTANE WAS MADE HAVE ACTUALLY BEEN IMPORTED INTO INDIA PROVIDED: THE IMPORTER IS A COMPANY LISTED ON A STOCK EXCHANGE IN INDIA AND ITS NET WORTH IS NOT LESS THAT Rs. 100 CRORES AS ON THE DATE OF THE LAST AUDITED BALANCE SHEET OR THE IMPORTER IS A PUBLIC SECTOR COMPANY OR AN UNDERTAKING OF THE GOVT OF INDIA OR ITS DEPARTMENTS
EVIDENCE OF IMPORT
1. 2. 3. 4. 5. 6. IF BILL ON DA BASIS, BILL OF ENTRY SHOULD BE SUBMITTED BEFORE REMITTANCE AD SHOULD ACK RECEIPT OF BILL OF ENTRY GIVING: IMPORTERS NAME AND ADDRESS WITH CODE NUMBER IMPORT LICENCE AND DATE BANKS REFERENCE OF LC NUMBER NUMBER AND DATE OF DOC EVIDENCE AMOUNT OF IMPORT PARTICULARS OF GOODS IMPORTED
CRYSTALLISATION
OF IMPORT BILLS RECD UNDER LC FROM FCY TO INR 1. ON 10TH DAY OF RECEIPT OF DOCUMENTS AT THE LC OPENING BRANCH IN CASE OF DEMAND BILLS 2. ON DUE DATE IN CASE OF USANCE BILLS AT BILLS SELLING RATE IF 10TH DAY IS HOLIDAY/SATURDAY, THEN THE NEXT WORKING DAY CAN BE DONE BEFORE 10TH DAY ON WRITTEN REQUEST OF IMPORTER