IN FORCE Advance Authorisation 2023-01-24

DGFT Public Notice 52/2015-2020 on Amendment in Composition Fee for Export Obligation Extension under Advance Authorization Scheme

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(TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-I SECTION-D)

Government of India

; Ministry of Commerce & Industry Department of Commerce Directorate General of Foreign Trade Vanijya Bhawan, New Delhi

Public Notice No. 52/2015-2020 Dated the 18" January, 2023

Subject: Amendments in Para 4.42 of the Handbook of Procedures 2015-2020.

In exercise of powers conferred under Paragraph 1.03 and 2.04 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Foreign Trade hereby makes the following amendments in the provisions of Para 4.42 of the Handbook of Procedures 2015-2020:

(d) Extension in export obligation period |(d) Extension in export obligation period for for Authorisations issued under | Authorisations issued under Appendix-4J Appendix-4J shall be allowed for a period | shall be allowed for a period not more than not more than the half of the stipulated | the half of the stipulated export obligation export obligation period. In such cases, | period. composition fee shall be levied @ 0.5% | In such cases, composition fee shall be levied per month of unfulfilled FOB value, in | in such a manner as prescribed hereunder: case exports effected are more than 50% in value terms within initial Export CIF VALUE OF COMPOSITION Obligation period and @1% per month ADVANCE FEE TO BE where less than 50% exports in value |}AUTHORIZATION | LEVIED (IN 2) terms have been effected within initial (AA) LICENSES export obligation period. ISSUED to 10 Crores

(e) Regional Authority may consider a |(e) Regional Authority may consider a request of Advance Authorisation holder | request of Advance Authorisation holder for for one extension of EO period upto six | one extension of EO period upto six months months from the date of expiry of EO | from the date of expiry of EO period subject period subject to payment of composition |to the payment of composition fee as fee of 0.5% of the shortfall in EO. | prescribed hereunder: Authorisation holder will have to submit a self - declaration to RA stating that

unutilised imported/domestically procured inputs are available with the applicant. :

CIF VALUE OF COMPOSITION AUTHORIZATION | LEVIED to 10 Crores Authorisation holder will have to submit a self - declaration to RA stating that unutilised imported/domestically procured inputs are available with the applicant.

(f) Request for further extension of six |(f) Request for further extension of six months after first extension as in (e) | months after first extension as in (e) above above can be considered by Regional |can be considered by Regional Authority, Authority, provided Authorisation holder | subject to the payment of composition fee as has fulfilled minimum 50% export | prescribed hereunder: obligation in quantity as well as in value, on pro-rata basis. This will be subject to CIF VALUE OF COMPOSITION payment of composition fee @ 0.5% per ADVANCE FEE TO BE month on unfulfilled FOB value of export ||AUTHORIZATION | LEVIED (IN obligation. No further extension shall be provisionallowed byshallRegionalalso beAuthority.applicableThisto |hoe[\ore than 22 Crores 20,000 Advance Authorisations issued during FTP 2009-2014. However, only two extensions of six months each 88 |No further extension shall be allowed by mentioned above can be allowed subject Regional Authority. However, only two to payment of composition fee and under extensions of six months each as mentioned no circumstance Regional Authority shall above can be allowed subject to payment of allow any extension beyond 12 months composition fee and under no circumstance from date of CApuy of EO period. At the Regional Authority shall allow any extension time of filing application for second EO beyond 12 months from date of expiry of EO extension, the Authorisation holder will period. At the time of filing application for have to submit a self - declaration to RA second EO extension, the Authorisation stating that unutilised | holder will have to submit a self - declaration imported/domestically procured inputs are |, RA stating that unntiliend available with the applicant. imported/domestically procured inputs are available with the applicant. (g) Deleted (g) Whenever a ban/ restriction is imposed on export of any product, export obligation period in respect of Advance Authorisation already issued prior to imposition of ban, would stand automatically extended for a

period<br>equivalent<br>to<br>the duration of ban,
without anycomposition fee.
(h) The revised composition fee for EOP
extension under para 4.42 ofHBP (2015-20)
will only be applicable for the requests made
on<br>or<br>after<br>19.01.2023.<br>However,
existing/pending<br>applications<br>shall<br>be
governed by the earlier relevant provision of
HBP(2015-20).

Effect of this Public Notice: Para 4.42 of the Handbook of Procedures 2015-2020 has been amended to simplify the process of levying Composition Fee in case of extension of Export Obligation Period (EOP) under Advance Authorization Scheme and for higher IT enablement of DGFT.

Vr~' (Santosh Kumar Sarangi) Director General of Foreign Trade Ex-officio Additional Secretary to Government of India E-mail: dgft@nic.in

[Issued from File No. 01/94/180/133/AM22/PC-4]

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