EXIM Merged
EXIM Merged
• FTP -2015-20 provides framework for increasing exports of goods and services,
generation of employment and increasing value addition.
• “Make in India” vision to support both manufacturing & services sectors.
• Two new Schemes replacing all earlier schemes –
• ‘Merchandise Exports from India Scheme’ (MEIS) for export of specified goods to
specified markets.
• ‘Services Exports from India Scheme’ (SEIS) for increasing export of notified services.
• DGFT acts as a facilitator of export/ import.
• DGFT will continue to mentor new and potential exporters through “Niryat Bandhu
Scheme” to achieve objective of “Skill India”.
• DGFT introduced e-IEC facility of online filing of an application.
• Electronic Data Interchange (EDI) exchange system for export facilitation with Customs,
Banks & Export Promotion Councils.
EXPORTS FROM INDIA SCHEMES
• Duty Credit Scrips (DCS) shall be granted as rewards under MEIS and SEIS.
• Amount of scrips will depend on certain percentage (rates) of certain
notified products – Indian Trade Classification (Harmonised System) [ITC
(HS) code wise] for exports realised on FOB basis.
• Duty Credit Scrips are freely transferrable
• Duty Credit Scrips can be used for –
✓ Payment of Import Duty
✓ Payment of Excise Duty
✓ Payment of Service Tax
✓ Other duties and fees
DUTY EXEMPTION / REMISSION SCHEMES
❖AA is issued to allow duty free Import of input that are required for
manufacture of the export goods.
❖ These components includes RM, parts, fuel, oil, energy, catalysts, etc.
❖AA can be issued for Inputs in relation to final product, on the basis
of –
✓As per Standard Input Output norms (SION) notified in Handbook of
Procedure,
✓ On the basis of Self Declaration notified in Handbook of Procedure.
DUTY DRAWBACK (DBK)
• Manufacturers who are unable to avail any of earlier schemes like, AA or DFIA, can avail
‘Duty Drawback’, i.e. reimbursement after payment.
• Following duties / taxes can be claimed by exporter of finished products.
i. Custom Duty paid on the import of the inputs,
ii. Excise Duty paid on the inputs,
iii. Service tax paid on input services
❖ If inputs in export product is obtained without payment of above duties, then no
Drawback will be paid.
❖ No Drawback is available on other taxes like Sales Tax and Octroi Duty.
EXPORT PROMOTION CAPITAL GOODS
❖ The main purpose of this scheme toSCHEME (EPCG)
enable the exporter to upgrade their technology at reduced
cost to face global competition.
❖ FTP provides help to the exporter for technological up gradation by promoting imports of Capital
goods for certain sectors under EPCG at zero per cent.
❖ Capital goods shall include –
➢ Capital goods as defined in Chapter 9 of FTP
➢ Capital software systems,
➢ Spares, moulds, jigs, fixtures, etc.
❖ EPCG shall be subject to an export obligation equivalent to 6 times of duty saved on capital goods,
to be fulfilled in 6 years.
❖ Authorisation under EPCG is valid for 18 months.
❖ Second hand capital goods not permitted under EPCG.
❖ Actual User condition is applicable till export obligation is completed.
SPECIAL ECONOMIC ZONE (SEZ)
• SEZ are specifically developed geographical areas, within our own country.
• The idea is derived from China, where SEZ proved to be growth engine for
development of Chinese economy.
• Basic concept is that a specific area is embarked as Free Trade Zone, where
inputs and capital goods are free from import duty, and exported duty free.
• This is based on the premise that the goods and services are exported and
taxes are not to be exported.
• It is like separate island within the country.
• SEZ is treated as if they are outside India for customs purposes.
• Only manufacturing units are allowed to operate in SEZ and Trading units.
• SEZ is free from all Indian laws except Labour & Banking
GENERAL PROVISIONS REGARDING
EXPORTS & IMPORTS
• Importer Exporter Code (IEC) is mandatory for export/ import.
• No Export / Import without IEC. Exempted categories –
• Exporting or Importing for personal use and not for Trade
• Importing / Exporting goods from/ to Nepal, Myanmar not exceeding Rs. 25,000/-. And,
if to China thru Nathula pass not exceeding Rs. 100,000/-
• Exports & Imports ‘Free’, unless regulated by way of –
• ‘Prohibited’ – National treasures of artistic, historic & archaeological value, natural
resources, traffic in arms, etc.
• ‘Restricted’ – may be exported or imported only in accordance with an Authorisation/
permission as per procedure.
• Exclusive trading through ‘State Trading Corporation’ – STCs are having exclusive or
special privileges for trading in Oil, Food, Dairy products etc.
• Indian Trade Classification (Harmonised System) - [ITC(HS)] of exports & Imports. Goods
have been classified on their groups or sub groups.
1.3 TYPES OF EXPORT & IMPORT
Deemed Exports are treated at par with physical exports and hence shall
be eligible for following benefits in respect of manufacture and supply of
goods, qualifying as Deemed Exports, subject to terms and conditions –
Advance Authorisation / advance Authorisation for annual requirement/
Duty Free Import Authorisation,
Deemed Export Drawback,
Refund of Terminal Excise Duty, if exemption is not available.
Special Import License on Actual User Condition.
CONDITIONS FOR BENEFITS UNDER
DEEMED EXPORTS
• Refund of Excise Duty for supply of goods will be available, if recipient of
goods does not avail CENVAT credit / rebate.
• In case CENVAT credit / rebate has not been availed on the input services, by
the supplier of goods, then, the Duty Drawback benefit will be available.
• Supplies should be made directly to entities listed.
• Third Party supply shall not be eligible for benefits / exemptions.
• In all cases, supplies should be made directly to the designated projects /
Agencies.
• Supply of domestically manufactured goods by an Indian Sub Contractor to
any Indian or Foreign main contractor, directly to designated projects, shall
also be eligible for Deemed Export benefits.
• A Risk Management System shall be in operation by DGFT on random basis of
10%. Defaulters will be liable for penal action
MERCHANT EXPORT
• Very few countries in the world are oil producers like Gulf countries.
• Oil is required for consumption as well as industrial purpose.
• India’s large portion of import, around 40% is spent of import of oil.
• Oil bill has great impact on country’s economy, till alternate source of
energy is used.
INTERMEDIATE GOODS & SERVICES
• Business does not only sell the goods but, also consume the goods and
services
• An intermediate good is a good or service that is used in the eventual
production of a final good, or finished product.
• These goods are sold by industries to one another for the purpose of resale
or producing other goods.
• An example of an intermediate good would be sugar, which is directly
consumed but is also used to manufacture food products.
• India’s FTP provides separate provisions for import of intermediate goods.
It provides standard Input Output norms.
1.4 FOREIGN TRADE (DEVELOPMENT &
REGULATIONS) ACT, 1992 (IMPORTANT PROVISIONS
• The Import & Export (control) Act was replaced by the Foreign Trade
(Development & Regulation) Act in 1992 & amended in 2010.
• It provides Development & Regulations of foreign trade by facilitating
imports into and exports from India and also it deals with matters
connected with it.
• Foreign Trade, i.e. Export & Import is regulated by the Director
General of Foreign Trade (earlier Controller of Export & Import)
• Imports into India should be in conformity with the Foreign Trade
Policy in force, FTP (2015-20),
FOREIGN TRADE AND ITS
IMPLICATIONS
• Imports and exports are considered to be two important components
of foreign trade.
• Foreign trade refers to nothing but the exchange of the goods and
services between two or more countries, across their respective
international borders.
• The former implies the physical movement of the goods into a
country from another country following a legal manner.
• The latter is concerned with the physical movement of the goods and
services out of the country in a legal manner.
• Thus, both the import and export have made the world a local
market.
• Foreign trade or international trade is considered to be extremely
important for the brand survival as well as the growth of any country.
• This is because foreign trade acts as one of the primary economic
boosters for that specific entity. Not only this, foreign trade is also
supposed to cover up the need for a country for particular resources
and to further get rid of the extra resources that are abundantly
available in the country.
• Exporting, importing involved in the foreign trade of any country
helps to raise the standard of living of the people.
• These kinds of foreign trade also help to maintain the payment
solution balance of the country and make sure that there always
exists a free flow of economy.
• Globalization has reached on its very summit and therefore a number
of countries have introduced their own respective foreign trade
policies so as to avoid all the hassle that might occur while trading
with the foreign countries.
• Thus, India, like other countries of the world has its own respective
foreign policy that covers all the know-hows as well as aspects
involved while dealing with the foreign countries.
• The foreign policy of India is governed and regulated by the Foreign
Trade (Development and Regulation) Act, 1992.
• Today, the entire scenario of exports and imports in India is regulated
and managed by the Foreign Trade (Development and Regulation)
Act, 1992.
• This act has eliminated all the existing nuances of the previously
introduced act and has given the Government of India some of the
most enormous powers to control it.
• This act is considered to be a supreme legislation in accomplishment
of the foreign trade taking place in the country.
• The Act has been incorporated with a major intention to provide a
proper framework as to the development as well as standardization
of the foreign trade by the way of facilitating imports and enhancing
the exports in the country and all the other matters related to the
same.
SALIENT FEATURES OF THE ACT
• The act has empowered the Central Government to make provisions for
the development as well as regulation of foreign trade by the way of
facilitating imports into as well as augmenting exports from the country
and in all the other matters related to foreign trade.
• This act authorizes the government to formulate as well as announce the
export and import policy and to also keep amending the same on a timely
basis. The government has also been given a wide power to prohibit,
restrict and regulate the exports and imports in general as well as specified
cases of foreign trade.
• The act provides for certain appointments especially that of the Director-
General to advise the Central Government in formulating import and
export policy and to implement the same.
• The act commands every importer as well as exporter to obtain a code
number called the ‘Importer Exporter Code Number (IEC)’ from the
Director-General or the authorized officer.
• The act provides the balancing of all the budgetary targets in terms
of imports and exports so that the nation reaches the very peak of
economic development.
• The principal objectives here include the facilitation of sustain growth
as to the exports of the country, the distribution of quality goods and
services to the domestic consumer at internationally competitive
prices, stimulation of sustained economic growth by providing access
to essential raw materials as well as enhancement of technological
strength and efficiency of Indian agriculture, industry as well as
services and improvement of their competitiveness to meet all kinds
of requirement of the global markets.
2. EXPORT PROCEDURE
2.1 Registration – IEC, RCMC (Registration cum
Membership Certificate), EPC, GST
• There is wide scale difference between domestic trade and International trade.
• This difference is due to –
1. Countries which are trading are sovereign countries,
2. These countries have separate identity,
3. Rules and Regulations of each country differs,
4. Legal system of each country differs,
5. Customs and procedures of each country differs,
6. Payment settlement system differs from country from country,
7. Currency, Languages of each country differs,
8. Traditions, level of literacy, development also differs from country to country,
9. Negotiating capacity of each country differs depending upon its strength,
10. And, lastly Foreign Trade Policy of each country differs.
STEPS TO START EXPORT BUSINESS
• Select a right name for your Export business.
• Registration as per local laws / Company’s Law.
• Opening a Bank Account.
• Registration with Sales Tax Office.
• Obtaining IEC Number.
• Registration with Export Promotion Council.
• Registration with ECGC.
• Registration with Central Excise.
• Registration with Chamber of Commerce / Boards, etc.
• Export License, if any
IMPORTER EXPORTER CODE NO.
• It is mandatory for every Exporter or Importer to obtain Importer
Exporter Code (IEC) from respective office of the jurisdiction of
Director General of Foreign Trade (DGFT).
• It is pre requisite and first step towards before commencing business
involving Import or Export.
• This provision is made effective from 1st Jan 1997, as required under
the EXIM policy then prevailing.
• DGFT is a apex body constituted under Ministry of Commerce, having
headquarter at New Delhi and having Regional Offices all over
country represented by Jt. DGFT
• DGFT is responsible to administer India’s Foreign Trade under Foreign
Trade (Development & Regulation) Act, 1992.
FEATURES OF IEC NO.
• The intending person who wish to undertake Import or Export had to
file “Aayat Niryat Form” with the DGFT under whose jurisdiction the
person’s address falls.
• The applicant needs to submit all relevant document / papers to fulfil
KYC norms.
• DGFT will issue ten digit IEC No. which will be unique one. Only one
IEC can be issued against a single PAN.
• Now, DGFT has introduced e-IEC which can be obtained on line.
• IEC once obtained can be used for ever, unless cancelled by DGFT. It
does not require renewal.
EXEMPTED CATEGORIES FOR
OBTAINING IEC
• Ministries and Departments of Central or State Government (They
have been given permanent IEC no.)
• Import or Export for personal use and not for commercial activity /
trade / manufacturing / agriculture, etc.
• Person importing / exporting from Nepal if value does not exceed Rs.
25,000/-
• Any other category exempted by FTP
REGISTRATION CUM MEMBERSHIP
CERTIFICATE (RCMC)
• After obtaining IEC number, next step is to approach Export Promotion
Council or Commodity Board to obtain Registration cum Membership
Certificate (RCMC).
• Obtaining of RCMC is not obligatory like IEC, but certain benefits which are
available under FTP are available only to those exporter who are registered
with one of the EPC.
• An Exporter has an option to obtain RCMC from Federation of Indian
Exporters Organisation (FIEO) or relevant Export Promotion Council (EPC)
like Apparel EPC, Carpet EPC, etc.
• An application for obtaining RCMC should accompany copy of IEC, Bank
Certificate and other relevant trade approvals.
• Generally, validity of RCMC is for five years , unless otherwise specified.
EXPORT PROMOTION
COUNCIL
• EPCs are the professional bodies registered under Companies’ Act or
Societies’ Act.
• They are registered as non-profit making organisations.
• They are autonomous bodies and manage their own affairs.
• They project India’s image abroad as reliable supplier of high quality
goods and services.
• They organise foreign delegations explore overseas market. Also, they
participate in trade fair and exhibitions.
MAJOR COMMODITY BOARDS (CB) &
EXPORT PROMOTION COUNCILS (EPC)