Amendment in format of ANF-2H and ANF-2I of HBP, 2015-2020 — reducing regulatory compliance burden

To be published in the Gazette of India Extraordinary (Part-I, Section-1)

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi -110 011

Public Notice No. (3 /2015-2020 New Delhi, Dated /2“July, 2021

Subject: Amendment in format of ANF-2H and ANF-2I of HBP, 2015-2020 — reducing regulatory compliance burden-reg.

2020, In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy 2015for the Director General of Foreign Trade hereby revises the formats of ANF-2H (Application Free Sale & Commerce Certificate) and ANF-2I (Application for Free Sale & Commerce Certificate for items other than Medical Devices/Instruments) of Handbook of Procedures, 20152020 by deleting the requirement of furnishing RCMC details under s.no 4 and RCMC related declaration at s.no 8 of Declaration/Undertaking in earlier ANF-2H and ANF 2L. 2. The revised formats of ANF-2H and ANF-2] of HBP, 2015-2020 are annexed herewith as Annexure-I and Annexure-II respectively. 3. Effect of this Public Notice: The revised formats of ANF-2H and ANF-2I of HBP, 2015-2020 are notified as a step towards reducing regulatory compliance burden. J Cee \Ae%\re21 (Amit Yadav) Ex-officio Director General of Foreign Trade & Additional Secretary to the Government of India Email: dgft@nic.in

[Issued from File No.01/89/1 80/37/AM-20/PC-2[ A /E-26575]

Annexure-I

ANF- 2H

APPLICATION FOR FREE SALE & COMMERCE CERTIFICATE

1. Nameofthe firm / Company : 2. Address of Registered Office /Branch 1. Tel No :

il. Fax No :

ill. e.mail ID

3. Importer Exporter Code No 1. Code No.

li. Name & Address of issuing authority

4. Application Fee Details i. Amount in Rs.

il. Demand Draft /Bank Receipt/Electronic Fund Transfer No.

iil. Date of Issue/Transfer iv. Name& Branch of Bank on which drawn

5. Brief Description of exports i. Details of foreign buyer with complete address, e.mail ID etc.

il. Brief description of items to be exported under the certificate

6. Whether the items of export fall under the Drugs: & Cosmetics Act. 1940. If so, indicate the same. 7. Details of items for which Free Sale & Commerce Certificate is sought to be obtained (Annexure A to be attached duly self-certified)

(Signature) Name & Designation of the Authorized Signatory Seal of the Company

1. I/We hereby declare that items listed in Annexure A,

DECLARATION / UNDERTAKING

• i. are not prohibited or restricted for export under Schedule 2 of ITC (HS) and are free for export;

• i. all the items listed in Annexure A have usage in hospitals, nursing homes and clinics, for medical and surgical purposes;

• il. all the items listed above are not covered under Drugs & Cosmetics Act, 1940.

2. I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my / our knowledge and belief and nothing has been concealed or held there from. 3. I/We fully understand that any information furnished in the application if found incorrect or false will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted. 4. I/We undertake to abide by the provisions of the FT (D & R) Act, 1992, as amended, the Rules and Orders framed there under, FTP, HBP, Appendices and Aayat Niryat Forms and ITC (HS). 5. I/We hereby certify that:

A. the entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time to time):

• a. The Customs Act, 1962, b. The Central Excise Act 1944,

• C. Foreign Trade (Development & Regulation) Act 1992, as amended, and d. The Foreign Exchange Management Act, 1999; €. The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974

oreign Trade (Development & Regulation) Act 1992, as amended, and d. The Foreign Exchange Management Act, 1999; €. The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974

• B._ f. Weapons of Mass Destruction & their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 none of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUE/T:rust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT;

• C. neither the Registered Office of the company / Head Office of the firm/ nor any of its Branch Office(s)/ Unit(s)/ Division(s)any of the provisionshas been declaredof the Policy;a defaulter and has otherwise been made ineligible for undertaking import/ export under

• D.. we have not obtained nor applied for issuance of an Importer Exporter Code Number in the name of our Registered / Head Office to any other Licensing Authority.

• 6. I/We hereby declare that 1/ We have not obtained nor applied for such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority.

r such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority.

• 7. I/We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) and that the item(s) exported / proposed to be exported does not fall within this list and that I/ We agree to abide by the provisions of FTP for export of SCOMET items contained in the FTP, Schedule 2 of ITC (HS) and the HBP, irrespective of the scheme under which the item is exported/proposed to be exported.

I hereby certify that J am authorized to verify and sign this declaration as per Paragraph 9.6 of the Policy.

Place Signature of the Applicant Date Name Designation Official Address Telephone Residential Address Email Address

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----- Start of picture text -----<br> (<br>----- End of picture text -----<br>

Note:

1. This form with Annexure -A may be submitted without other parts of the Aayat Niryat Form.

2 .For items falling under the Drug & Cosmetics Act, 1940, application for issue of Free Sale & Commerce Certificate may be made to the Drug Controller General (I), Directorate General of Health Services, Ministry of Health & Family Welfare, FDA Bhawan, Kotla Rod, Near Mata Sundari Collage, ITO, New Delhi 110002.

Annexure -A

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----- Start of picture text -----<br> Proforma for Submission of list of Products<br>----- End of picture text -----<br>

(May be clearly typed)

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----- Start of picture text -----<br> S.No. | Name of Product | ITC(HS) Code | Manufacturers/ Exporters | Is the product licensed | Description of the<br>name and address under the Drugs and j product including use<br>Cosmetics Act for ; (attach literature, if<br>manufacture and sale. required.<br>----- End of picture text -----<br>

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----- Start of picture text -----<br> Annexure —B<br>----- End of picture text -----<br>

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade

FREE SALE AND COMMERCE CERTIFICATE

The Medical Devices/Instruments as per Annexure (Total items) manufactured by M/s. (Name of the firm & full

address) are “freely permitted for sale in India as well as freely exportable”.

This certificate is valid for a period of two years from the date of issue.

Encl: As above.

Place:

(Signing Authority) For Additional / Joint Director General ofForeign Trade

Note: This certificate is based on declaration by the above firm that items of export shown in Annexure have usage in Hospital, Nursing Homes and Clinics for Medical Surgical Purpose and also that items of export shown in Annexure are neither banned nor prohibited for export. The items appearing in this certificate are also not covered under Drug & Cosmetics Act, 1940 as per declaration of the aforesaid firm.

Annexure-IT

ANF-2 I APPLICATION FOR FREE SALE & COMMERCE CERTIFICATE FOR ITEMS OTHER THAN MEDICAL

DEVICES/INSTRUMENTS

1. Name of the firm / Company : 2. Address of Registered Office/ Branch — :

i. Tel No :

il. Fax No :

ill. e.mail ID 3. Importer Exporter Code No : i. Code No.

il. Name & Address of issuing authority

4. Application Fee Details 1. Amount in Rs.

li. Demand Draft /Bank Receipt/Electronic Fund Transfer No.

lil. Date of Issue/Transfer iv. Name& Branch of Bank on which drawn

5. Brief Description of exports : i. Details of foreign buyer with complete address, e.mail ID etc.

il. Brief description of items to be exported under the certificate

6. Details of items for which Free Sale & Commerce :

Certificate is sought to be obtained

(Annexure A to be attached duly self-certified)

(Signature) Name & Designation of the Authorized Signatory Seal of the Company

DECLARATION / UNDERTAKING

• l. 1 hereby declare that items listed in Annexure A,

  1. are not prohibited or restricted for export under Schedule 2 of ITC (HS) and are free for export;

  i. the export of the items does not violate any of the provisions of the laws/Acts established by any of the Ministries/Departments/Offices of the Central/State Governments; and

law We further undertake to abide by any of the provisions under FTP, FT(D&R) Act, 1992, as amended, or any other established by any of the Ministries/Departments/Offices of the Central/State Governments relating to export of these items.

of the provisions under FTP, FT(D&R) Act, 1992, as amended, or any other established by any of the Ministries/Departments/Offices of the Central/State Governments relating to export of these items.

2. I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my / our knowledge and belief and nothing has been concealed or held there from.

3. We fully understand that any information furnished in the application if found incorrect or false will render me / us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted,

4. We undertake to abide by the provisions of the FT (D & R) Act, 1992, as amended, the Rules and Orders framed there under, FTP, HBP, Appendices and Aayat Niryat Forms and ITC (AS).

5. We hereby certify that

A. the entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time to time):

• a. The Customs Act, 1962,

• b. The Central Excise Act 1944,

• C. Foreign Trade (Development & Regulation) Act 1992, as amended, and d. TheForeign Exchange Management Act,1999; €. The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974 f. Weapons of Mass Destruction & their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

ct,1999; €. The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974 f. Weapons of Mass Destruction & their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

B. none of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUF/Trust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT; Cc. neither the Registered Office of the company / Head Office of the firm / nor any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy; D. we have not obtained nor applied for issuance of an Importer Exporter Code Number in the name of our Registered / Head Office to any other Licensing Authority.

6. I/ We hereby declare that 1 / We have not obtained nor applied for such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority. 7.

such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority. 7. I/ We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) and that the item(s) exported / proposed to be exported does not fall within this list and that I / We agree to abide by the provisions of FTP for export of SCOMET items contained in the FTP, Schedule 2 of ITC (HS) and the HBP, irrespective of the scheme under which the item is exported/ proposed to be exported.

Thereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.6 of the Policy.

Place Date

Signature of the Applicant Name Designation Official Address Telephone Residential Address Email Address

Note: This form with Annexure-A may be submitted without other parts of the Aayat Niryat Form.

Annexure —A

Proforma for Submission of list of Products

(May be clearly typed)

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----- Start of picture text -----<br> S.No. Name of | ITC(HS) Code Manufacturers/ Exporters | Is the product licensed | Description of<br>Product name and address under the provisions of | the product<br>the including<br>laws/Acts established use(attach<br>by any of _ the | literature, if<br>Ministries/Departments | equired<br>/Offices of the<br>Central/State<br>Governments for<br>manufacture and_ sale,<br>and if so please specifi<br>----- End of picture text -----<br>

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----- Start of picture text -----<br> Annexure —B<br>----- End of picture text -----<br>

Government of India Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade

FREE SALE AND COMMERCE CERTIFICATE

The items as per Annexure (Total items) manufactured by M/s. (Name of the firm & full address) are freely sold

in India and are freely exportable.

This certificate is valid for a period of two year from the date of issue.

Encl: As above.

Place:

Date:

(Signing Authority) For Additional / Joint Director General ofForeign Trade

Note: This certificate is based on declaration by the above firm that items of export shown in Annexure are neither restricted nor prohibited for export.