Bare Acts Live

Central Acts and Rules Amended and Updated
  • Home
  • Central Acts
  • State Acts
    Delhi Local Acts Andhra Pradesh Local Acts Uttar Pradesh Local Acts West Bengal Local Acts Rajasthan Local Acts Jammu and Kashmir Local Acts Himachal Pradesh Local Acts Haryana Local Acts Punjab Local Acts Maharashtra Local Acts Kerala Local Acts Tamil Nadu Local Acts Goa Local Acts Bihar Local Acts Uttranchal Local Acts Jharkhand Local Acts Chhatisgarh Local Acts Madhya Pradesh Local Acts Assam & North East Local Acts Orissa Local Acts Gujarat Local Acts Telangana Local Acts Chandigarh Local Acts Karnataka Local Acts
  • Law Commission Reports
  • International Treaties
  • Join Law Finder

      • 1. Short title
      • 2. Authority for authentication and the manner of authentication of documents
      • 1. Short title and commencement
      • 2. Definitions
      • 3.
      • 4. Power of Reserve Bank to compound contravention
      • 5. The Power of Enforcement Directorate to compound contraventions
      • 6.
      • 7.
      • 8. Procedure for compounding
      • 9. Payment of amount compounded
      • 10.
      • 11.
      • 12. Contents of the order of the Compounding Authority
      • 13. Copy of the order
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Acquisition and transfer of property in India by an Indian citizen resident outside India
      • 4. Acquisition and transfer of property in India by a person of Indian origin
      • 5. Acquisition of immovable property for carrying on a permitted activity
      • 5-A. Purchase/sale of immovable property by Foreign Embassies/ Diplomats/Consulate Generals
      • 6. Repatriation of sale proceeds
      • 7. Prohibition on acquisition or transfer of immovable property in India by citizens of certain countries
      • 8. Prohibition on transfer of immovable property in India
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Restriction on acquisition or transfer of immovable property outside India
      • 4. Exemptions
      • 5. Acquisition and transfer of immovable property outside India
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restriction on acquisition or transfer of immovable property outside India.
      • 4. Exemptions.
      • 5. Acquisition and Transfer of Immovable Property outside India.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Acquisition and Transfer of Property in India by a NonResident Indian or an Overseas Citizen of India.
      • 4. Acquisition of Immovable Property for carrying on a permitted activity.
      • 5. Purchase/sale of Immovable Property by Foreign Embassies/Diplomats/Consulate Generals.
      • 6. Joint acquisition by the spouse of an NRI or an OCI.
      • 7. Acquisition by a LongTerm Visa holder.
      • 8. Repatriation of sale proceeds.
      • 9. Prohibition on acquisition or transfer of immovable property in India by citizens of certain countries.
      • 10. Prohibition on transfer of immovable property in India.
      • 11. Miscallaneous.
      • 12. Saving.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Appointment of Adjudicating Authority
      • 4. Holding of inquiry
      • 5. Form of appeal
      • 6. Procedure before Special Director (Appeals)
      • 7. Contents of the order in appeal
      • 8. Representation of party
      • 9. Service of notices, requisitions or orders
      • 10. Form of appeal
      • 11. Procedure before Appellate Tribunal
      • 12. Contents of the order in appeal
      • 13. Representation of party
      • 14. Service of notices, requisitions or orders
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition to borrow or lend in foreign exchange
      • 4. Borrowing and lending in foreign exchange by an authorised dealer
      • 5. Borrowing and lending in foreign exchange by persons other than authorised dealer
      • 6. Other borrowings in foreign exchange under automatic route or with prior approval of the Reserve Bank of India under the approval route or as trade credit
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition on borrowing and lending in rupees
      • 4. Borrowing in rupees by persons other than companies in India
      • 5. Borrowing in rupees by Indian companies
      • 6. Restriction on use of borrowed funds
      • 7. Loans in rupees to non-residents
      • 8. Providing housing loan in rupees to a non-resident
      • 8-A. Rupee loans to NRI/PIO employees of Indian body corporate
      • 9. Continuance of rupee loan/overdraft to resident who becomes a person resident outside India
      • 10. Continuance of rupee loan in the event of change in the residential status of the lender
      • 11. Overdraft in rupee account maintained with authorised dealer in India by a bank outside India
      • 1. Short Title and Commencement.
      • 2. Definitions.
      • 3. Prohibition to Borrow or Lend.
      • 4. Borrowing from outside India in Foreign Exchange by a Person Resident in India.
      • 5. Lending in Foreign Exchange by a Person Resident in India.
      • 6. Borrowing in Indian Rupees by a Person Resident in India.
      • 7. Lending in Indian Rupees by a Person Resident in India.
      • 7A. Borrowing and lending by persons resident outside India.
      • 8. Continuation of loan in the event of change in the residential status of the lender/borrower.
      • 9. Any borrowing under erstwhile regulations can be continued as permitted up to the due date of repayment.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3.
      • 4. Inbound merger.
      • 5. Outbound merger.
      • 6. Valuation.
      • 7. Miscellaneous.
      • 8. Reporting.
      • 9. Deemed approval.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition on drawal of foreign exchange
      • 4. Prior approval of Government of India
      • 5. Prior approval of Reserve Bank
      • 6.
      • 7. Use of International Credit Card while outside India
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restriction on investment by a person resident outside India.
      • 4. Restriction on receiving investment.
      • 5. Permission for making investment by a person resident outside India.
      • 6. Merger or demerger or amalgamation of Indian companies.
      • 7. Taxes and Remittance of sale proceeds.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Restrictions on deposits between a person resident in India and a person resident outside India
      • 4. Exemptions
      • 5. Acceptance of deposits by an authorised dealer/authorised bank from persons resident outside India
      • 6. Other deposits made or held by authorised dealer
      • 7. Acceptance of deposits by persons other than authorised dealer/ authorised bank
      • 8. Deposits in certain other cases
      • 9. Acceptance of deposits by authorised dealer with the prior approval of Reserve Bank
      • 10. Nomination
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restrictions on deposits between a person resident in India and a person resident outside India.
      • 4. Exemptions.
      • 5. Acceptance of deposits by an authorised dealer/authorised bank from persons resident outside India.
      • 6. Acceptance of deposits by persons other than authorised dealer/ authorised bank.
      • 7. Other deposits made or held by authorised dealer.
      • 8. Nomination.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Delivery of draft, cheque and other instrument for encashment
      • 4. Encashment of draft, cheque or other instrument
      • 5. Opening an account
      • 6. Indemnity
      • 7. Direction for payment of the proceeds
      • 8. Payment of interest on the seized Indian currency
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition against establishing branch or office in India
      • 4. Prohibition against establishing a branch or office in India by citizens of certain countries
      • 5. Application to Reserve Bank for opening branch or liaison office
      • 6. Activities which may be undertaken by the branch or office in India
      • 7. Remittance of profit or surplus
      • 1. Short title and commencement
      • 2. Definitions.
      • 3. Prohibition against opening a branch office or a liaison office or a project office or any other place of business in India.
      • 4. Approval for opening a branch office or a liaison office or a project office or any other place of business in India.
      • 5. Approval of the Reserve Bank in certain cases for establishment of branch office, liaison office or project office or any other place of business in India.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Export and import of Indian currency and currency notes
      • 4. Prohibition on export of Indian coins
      • 5. Prohibition on export and import of foreign currency
      • 6. Import of foreign exchange into India
      • 7. Export of foreign exchange and currency notes
      • 8. Export and import of currency to or from Nepal and Bhutan
      • 1. Short title & commencement.
      • 2. Definitions.
      • 3. Export and Import of Indian currency and currency notes.
      • 4. Prohibition on Export of Indian coins.
      • 5. Prohibition on export and import of foreign currency.
      • 6. Import of foreign exchange into India.
      • 7. Export of foreign exchange and currency notes.
      • 8. Export and import of currency to or from Nepal and Bhutan.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Declaration as regards export of goods and services
      • 4. Exemptions
      • 5. Indication of importer-exporter code number
      • 6. Authority to whom declaration is to be furnished and the manner of dealing with the declaration
      • 7. Evidence in support of declaration.
      • 8. Manner of payment of export value of goods
      • 9. Period within which export value of goods/software to be realised
      • 10. Export on elongated credit terms
      • 11. Submission of export documents
      • 12. Transfer of documents
      • 13. Payment for the export
      • 14. Certain exports requiring prior approval
      • 15. Delay in receipt of payment
      • 16. Advance payment against exports
      • 17. Issue of directions by Reserve Bank in certain cases
      • 18. Project exports
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Declaration of exports.
      • 4. Exemptions.
      • 5. Indication of importer-exporter code number.
      • 6. Authority to whom declaration is to be furnished and the manner of dealing with the declaration.
      • 7. Evidence in support of declaration.
      • 8. Manner of payment of export value of goods.
      • 9. Period within which export value of goods/software/ services to be realised.
      • 10. Submission of export documents.
      • 11. Transfer of documents.
      • 12. Payment for the Export.
      • 13. Certain Exports requiring prior approval.
      • 14. Delay in Receipt of Payment.
      • 15. Advance payment against exports.
      • 16. Issue of directions by Reserve Bank in certain cases.
      • 17. Project exports.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Restriction on holding foreign currency account by a person resident in India
      • 4. Opening, holding and maintaining an Exchange Earner's Foreign Currency Account
      • 5. Opening, holding and maintaining a Resident Foreign Currency Account
      • 5-A. Opening, holding and maintaining a Resident Foreign Currency (Domestic) Account
      • 6. Opening, holding and maintaining a Foreign Currency Account in India in certain other cases
      • 6-A. Foreign Currency Account of a Unit in a Special Economic Zone
      • 7. Opening, holding and maintaining a Foreign Currency Account outside India
      • 8. Limit on holding in a Foreign Currency Account
      • 9. Types of accounts
      • 10. Remittances out of the accounts after the account holder's death
      • 11. Responsibility of authorised dealers maintaining foreign currency accounts
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restriction on holding foreign currency account by a person resident in India.
      • 4. Opening, holding and maintaining Foreign Currency Accounts in India.
      • 5. Opening, holding and maintaining a Foreign Currency Account outside India.
      • 6. Types of accounts.
      • 7. Remittances out of the account after the account holder's death.
      • 8. Responsibility of authorised dealers maintaining foreign currency accounts.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Prohibition.
      • 4. Permission to a person resident in India to enter into a Foreign Exchange Derivative Contract.
      • 5. Permission to a person resident outside India to enter into a Foreign Exchange Derivative Contract.
      • 5A. Permission to a person resident in India to enter into currency futures or currency options
      • 5C. Permission to resident and nonresident entities to undertake hedge transactions with simplified procedures.
      • 6. Commodity hedge.
      • 6A. Freight hedge.
      • 7. Remittance related to a Foreign Exchange Derivative Contract.
      • 8. Remittance related to a Commodity Derivative Contract.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition
      • 4. Guarantees which may be given by an authorised dealer
      • 5. Guarantees which may be given by persons other than an authorised dealer
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Permission to take or hold a general insurance policy issued by an insurer outside India
      • 4. Permission to take or hold a life insurance policy issued by an insurer outside India
      • 1. Short Title and Commencement.
      • 2. Definitions.
      • 3. Permission to take or hold a general insurance policy issued by an insurer outside India.
      • 4. Permission to take or hold a life insurance policy issued by an insurer outside India.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3.
      • 4.
      • 5.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Restrictions on investment in a firm or a proprietary concern in India by a person resident outside India
      • 4. Permission for investment in certain cases
      • 5. Permission to a firm or a proprietary concern to make payment to a non--resident Indian or a person of Indian origin who has made investment
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition on transfer or issue of security
      • 4. Transfer or issue of security with the permission of Reserve Bank
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Manner of receipt in foreign exchange
      • 4. Payment for export in certain cases
      • 5. Manner of payment in foreign exchange
      • 6. Manner of payment in certain cases
      • 1. Short title & commencement.
      • 2. Definitions.
      • 3. Mode of Payment and Remittance of sale proceeds.
      • 4. Reporting Requirements.
      • 5. Delays in reporting.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Permissible capital account transactions
      • 4. Prohibition
      • 5. Method of payment for investment
      • 6. Declaration to be furnished
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Limits for possession and retention of foreign currency or foreign coins
      • 4. Possession of foreign exchange by a person resident in India but not permanently resident therein
      • 1. Short title & commencement.
      • 2. Definitions.
      • 3. Limits for possession and retention of foreign currency or foreign coins.
      • 4. Possession of foreign exchange by a person resident in India but not permanently resident therein.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Duty of persons to realise foreign exchange due
      • 4. Manner of repatriation
      • 5. Period for surrender of realised foreign exchange
      • 6. Period for surrender in certain cases
      • 6-A. Period for surrender of received/realised/unspent/unused foreign exchange by resident individuals
      • 7. Exemption
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Duty of persons to realise foreign exchange due.
      • 4. Manner of Repatriation.
      • 5. Period for surrender of realised foreign exchange.
      • 6. Period for surrender in certain cases.
      • 7. Period for surrender of received/ realised/ unspent/ unused foreign exchange by Resident individuals.
      • 8. Exemption.
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3.
      • 4. Regularization of assets held abroad by persons resident in India.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition on remittance outside India of assets held in India
      • 4. Permission for remittance of assets in certain cases
      • 5. Permission to an Indian entity to remit funds in certain cases
      • 6. Reserve Bank's prior permission in certain cases
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Prohibition on Remittance outside India of assets held in India.
      • 4. Permission for remittance of assets in certain cases.
      • 5. Permission to an Indian entity to remit funds in certain cases.
      • 6. Permission for remittance of assets on closure or remittance of winding up proceeds of branch office/ liaison office (other than project office).
      • 7. Reserve Bank's prior permission in certain cases.
      • 8. Payment of taxes.
      • 1. Short title and commencement
      • 2. Appointment of Chairperson and Members of Appellant Tribunal on ad hoc basis
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restriction on issue or transfer of security by a person resident outside India.
      • 4. Restriction on an Indian entity to issue security to a person resident outside India or to record a transfer of security from or to such a person in its books.
      • 5. Permission for purchase of shares by certain persons resident outside India.
      • 6. Acquisition of right shares.
      • 6-A. Acquisition of bonus shares.
      • 6-B. Report to RBI.
      • 7. Issue and acquisition of shares after merger or de-merger or amalgamation of Indian companies.
      • 8. Issue of shares under Employees Stock Options Scheme to persons resident outside India.
      • 9. Transfer of shares and convertible debentures of an Indian company by a person resident outside India.
      • 10. Prior permission of Reserve Bank in certain cases for transfer of security.
      • 11. Remittance of sale proceeds.
      • 1. Short title and commencement
      • 2. Definitions
      • 3. Prohibition on issue or transfer of foreign security
      • 4. Purchase and sale of foreign security by a person resident in India
      • 5. Prohibition on direct investment outside India
      • 6. Permission for direct investment in certain cases
      • 6-A. General permission for investment in agricultural operations overseas directly or through overseas offices
      • 6-B. General permission for investment in equity of a company registered overseas
      • 6-C. Investment by mutual funds
      • 7. Investment by Indian party engaged in financial services sector
      • 8. Omitted.
      • 9. Approval of Reserve Bank in certain cases
      • 9-A. Overseas investments by Registered Trust/Society
      • 10. Unique Identification Number
      • 11. Investment by capitalisation
      • 12. Export of goods towards equity procedure
      • 13. Post investment changes/additional investment in existing JV/WOS
      • 14. Acquisition of a foreign company through bidding or tender procedure
      • 15. Obligations of the Indian party
      • 16. Transfer by way of sale of shares of a JV/WOS outside India
      • 17. Transfer by way of sale of shares involving write-off
      • 18. Pledge of shares of Joint Ventures and Wholly Owned Subsidiaries
      • 19. Prior permission of the Reserve Bank for a proprietary concern in India to accept shares
      • 19-A. Overseas investments—Proprietorship concerns
      • 20. Investment by individuals
      • 21. Prohibition on issue of foreign security by a person resident in India
      • 22. Permission for purchase/acquisition of foreign securities in certain cases
      • 23. Transfer of a foreign security by a person resident in India
      • 24. General permission for acquisition of foreign securities as qualification/rights shares
      • 25. Prior permission from Reserve Bank in certain cases
      • 26. Investment by mutual funds and venture capital funds
      • 27. Opening of demat accounts by clearing corporations of stock exchanges and clearing members
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Restriction on investment by a person resident outside India.
      • 4. Restriction on receiving investment.
      • 5. Permission for making investment by a person resident outside India.
      • 6. Acquisition through a rights issue or a bonus issue.
      • 7. Issue of shares under Employees Stock Options Scheme to persons resident outside India.
      • 8. Issue of Convertible Notes by an Indian startup company.
      • 9. Merger or demerger or amalgamation of Indian companies.
      • 10. Transfer of capital instruments of an Indian company by or to a person resident outside India.
      • 11. Pricing Guidelines.
      • 12. Taxes and Remittance of sale proceeds.
      • 13. Reporting requirements.
      • 14. Downstream Investment.
      • 15. Prohibited activities for investment by a person resident outside India.
      • 16. Permitted sectors, entry routes and sectoral caps for total foreign investment.
      • 1. Short title and commencement
      • 2. Definitions
      • 3.
      • 4.
      • 5.
      • 6.
      • 7.
      • 8.
      • 1. Short title, extent, application and commencement.
      • 2. Definitions.
      • 3. Dealing in foreign exchange, etc.
      • 4. Holding of foreign exchange, etc.
      • 5. Current account transactions.
      • 6. Capital account transactions.
      • 7. Export of goods and services.
      • 8. Realisation and repatriation of foreign exchange.
      • 9. Exemption from realisation and repatriation in certain cases.
      • 10. Authorised person.
      • 11. Reserve Banks powers to issue directions to authorised person.
      • 12. Power of Reserve Bank to inspect authorised person.
      • 13. Penalties.
      • 14. Enforcement of the orders of Adjudicating Authority.
      • 15. Power to compound contravention.
      • 16. Appointment of Adjudicating Authority.
      • 17. Appeal to Special Director (Appeals).
      • 18. Establishment of Appellate Tribunal.
      • 19. Appeal to Appellate Tribunal.
      • 20. Composition of Appellate Tribunal.
      • 21. Qualifications for appointment of Chairperson, Member and Special Director (Appeals).
      • 22. Term of office.
      • 23. Terms and conditions of service.
      • 24. Vacancies.
      • 25. Resignation and removal.
      • 26. Member to act as Chairperson in certain circumstances.
      • 27. Staff of Appellate Tribunal and Special Director (Appeals).
      • 28. Procedure and powers of Appellate Tribunal and Special Director (Appeals).
      • 29. Distribution of business amongst Benches.
      • 30. Power of Chairperson to transfer cases.
      • 31. Decision to be by majority.
      • 32. Right of appellant to take assistance of legal practitioner or chartered accountant and of Government, to appoint presenting officers.
      • 33. Members, etc., to be public servants.
      • 34. Civil Court not to have jurisdiction.
      • 35. Appeal to High Court.
      • 36. Directorate of Enforcement.
      • 37. Power of search, seizure, etc.
      • 38. Empowering other officers.
      • 39. Presumption as to documents in certain cases.
      • 40. Suspension of operation of this Act.
      • 41. Power of Central Government to give directions.
      • 42. Contravention by companies.
      • 43. Death or insolvency in certain cases.
      • 44. Bar of legal proceedings.
      • 44A. Powers of Reserve Bank not to apply to International Financial Services Centre.
      • 45. Removal of difficulties.
      • 46. Power to make rules.
      • 47. Power to make regulations.
      • 48. Rules and regulations to be laid before Parliament.
      • 49. Repeal and saving.
      • 1. Short title and commencement
      • 2.
      • 3. Object and construction of these regulations
      • 4. Overriding effect
      • 5. Withdrawal of general permission and unwinding of investments and transactions
      • 6. Permission to hedge certain transactions
      • 1. Short title and commencement.
      • 2. Definitions.
      • 3. Manner of Receipt in Foreign Exchange.
      • 4. Manner of Receipts in certain cases.
      • 5. Manner of payment in foreign exchange.
      • 6. Manner of Payment in certain cases.

The Foreign Exchange Management (Export Of Goods And Services) Regulations, 2000

Published vide G.S.R. 409(E), dated 3.5.2000, published in the Gazette of India, Extraordinary, Part II, Section 3(i), dated 8.5.2000.

11/567


In exercise of the powers conferred by clause (a) of sub-section (1) and sub-section (3) of section 7, sub-section (2) of section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India makes the following regulations relating to export of goods and services from India, namely:-

1. Short title and commencement. - (i) These regulations may be called the Foreign Exchange Management (Export of Goods and Services) Regulations, 2000.

(ii) They shall come into force on 1st day of June, 2000.

2. Definitions. - In these regulations, unless the context requires otherwise,-

(i) "Act" means the Foreign Exchange Management Act, 1999 (42 of 1999);

(ii) "authorised dealer" means a person authorised as an authorised dealer under sub-section (1) of section 10 of the Act, and includes a person carrying on business as a factor and authorised as such under the said section 10;

(iii) "Exim Bank" means the Export-Import Bank of India established under the Export-Import Bank of India Act, 1981 (28 of 1981);

(iv) "export" includes the taking or sending out of goods by land, sea or air, on consignment or by way of sale, lease, hire-purchase, or under any other arrangement by whatever name called, and in the case of software, also includes transmission through any electronic media;

(v) "export value" in relation to export by way of lease or hire-purchase or under any other similar arrangement, includes the charges, by whatever name called, payable in respect of such lease or hire-purchase or any other similar arrangement;

(vi) "Form" means form annexed to these regulations;

(vii) "Schedule" means schedule appended to these regulations;

(viii) "software" means any computer programme, database, drawing, design, audio/video signals, any information by whatever name called in or on any medium other than in or on any physical medium;

(ix) "specified authority" means the person or the authority to whom the declaration as specified in regulation 3 is to be furnished;

[* * *]

(xi) the words and expressions used but not defined in these regulations shall have the same meanings respectively assigned to them in the Act.

3. Declaration as regards export of goods and services. - [(1) In case of exports taking place through Customs manual ports, every exporter of goods or software in physical form or through any other form, either directly or indirectly, to any place outside India, other than Nepal and Bhutan, shall furnish to the specified authority, a declaration in one of the forms set out in the Schedule and supported by such evidence as may be specified, containing true and correct material particulars including the amount representing-]

(2) Declarations shall be executed in sets of such number as specified.

(3) For the removal of doubt, it is clarified that, in respect of export of services to which none of the Forms specified in these regulations apply, the exporter may export such services without furnishing any declaration, but shall be liable to realise the amount of foreign exchange which becomes due or accrues on account of such export, and to repatriate the same to India in accordance with the provisions of the Act, and these regulations, as also other rules and regulations made under the Act.

4. Exemptions. - Notwithstanding anything contained in regulation 3, export of goods or services may be made without furnishing the declaration in the following cases, namely:-

(a) trade samples of goods and publicity material supplied free of payment;

(b) personal effects of travellers, whether accompanied or unaccompanied;

(c) ship's stores, transshipment cargo and goods supplied under the orders of Central Government or of such officers as may be appointed by the Central Government in this behalf or of the military, navel or air force authorities in India for military, naval or air force requirements;

(d) goods or software accompanied by a declaration by the exporter that they are not more than [twenty-five thousand US in value];

(e) by way of gift of goods accompanied by a declaration by the exporter that they are not more than [five lakh rupees in value];

(f) aircraft's or aircraft engines and spare parts for overhauling and/or repairs abroad subject to their reimport into India after overhauling/ repairs, within a period of six months from the date of their export;

(g) goods imported free of cost on re-export basis;

(h) [x x x]

(i) the following goods which are permitted by the Development Commissioner of the Export Processing Zones [Electronic Hardware Technology Parks, Electronic Software Technology Parks] or Free Trade Zones to be re-exported, namely:-

(1) imported goods found defective, for the purpose of their replacement by the foreign suppliers/ collaborators;

(2) goods imported from foreign suppliers/collaborators on loan basis;

(3) goods imported from foreign suppliers/collaborators free of cost, found surplus after production operations;

[(i-a) goods listed at items (1), (2) and (3) of clause (i) to be re-exported by units in Special Economic Zones, under intimation to the Development Commissioner of Special Economic Zones/ concerned Assistant Commissioner or Deputy Commissioner of Special Economic Zones/ concerned Assistant Commissioner or Deputy Commissioner of Customs;]

(j) replacement goods exported free of charge in accordance with the provisions of Exim Policy in force, for the time being;

[(k) goods sent outside India for testing subject to re-import into India;

(l) defective goods sent outside India for repair and re-import provided the goods are accompanied by a certificate from an authorised dealer in India that the export is for repair and re-import and that the export does not involve any transaction in foreign exchange;

(m) exports permitted by the Reserve Bank, on application make to it, subject to the terms and conditions, if any, as stipulated in the permission.]

5. Indication of importer-exporter code number. - The importer-exporter code number allotted by the Director General of Foreign Trade under section 7 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) shall be indicated on all copies of the declaration forms submitted by the exporter to the specified authority and in all correspondence of the exporter with the authorised dealer or the Reserve Bank, as the case may be.

6. Authority to whom declaration is to be furnished and the manner of dealing with the declaration .-

A. Declaration in Form GR/
[x x x] - (1)(i) The declaration in form GR/[x x x] shall be submitted in duplicate to the Commissioner of Customs.

(ii) After duly verifying and authenticating the declaration form, the Commissioner of Customs shall forward the original declaration form/ data to the nearest of the Reserve Bank and hand over the duplicate form to the exporter for being submitted to the authorised dealer.

B. Declaration in Form PP -(2)(i) The declaration in Form PP shall be submitted in duplicate to the authorised dealer named in the form.

(ii) The authorised dealer shall, after countersigning the declaration form, hand over the original form to the exporter who shall submit it to the postal authorities through which the goods are being despatched. The postal authorities after despatch of the goods shall forward the declaration form to the nearest office of the Reserve Bank.

C. Declaration in form SOFTEX -(3) [(i) The declaration in form SOFTEX in respect of export of computer software and audio/video/television software shall be submitted in triplicate to the designated official of Ministry of Information Technology, Government of India at the Software Technology Parks of India (STPIs) or at the Free Trade Zones (FTZs) or Export Processing Zones (EPZs) or Special Economic Zones (SEZs) in India.]

(ii) After certifying all three copies of the SOFTEX form, the said designated official shall forward the original directly to the nearest office of the Reserve Bank and return the duplicate to the exporter. The triplicate shall be retained by the designated official for record.

[D. Duplicate declaration forms to be retained with authorised dealers. - On the realisation of the export proceeds, the duplicate copies of export declaration forms, viz., GR, PP and SOFTEX and Exchange Control copies of the shipping bills together with related statutory declaration forms shall be retained by the authorised dealers.]

7. Evidence in support of declaration. - The Commissioner of Customs or the postal authority or the official of department of electronics, to whom the declaration form is submitted, may, in order to satisfy themselves of due compliance with section 7 of the Act and these regulations, require such evidence in support of the declaration as may establish that-

(a) the exporter is a person resident in India and has a place of business in India;

(b) the destination stated on the declaration is the final place of the destination of the goods exported;

(c) the value stated in the declaration represents-

(1) the full export value of the goods or software; or

(2) where the full export value of the goods or software is not ascertainable at the time of export, the value which the exporter, having regard to the prevailing market conditions expects to receive on the sale of the goods in the overseas market.

Explanation. - For the purpose of this regulation, "final place of destination" means a place in a country in which the goods are ultimately imported and cleared through Customs of that country.

8. Manner of payment of export value of goods. - Unless otherwise authorised by the Reserve Bank, the amount representing the full export value of the goods exported shall be paid through an authorised dealer in the manner specified in the Foreign Exchange Management (Manner and Receipt and Payment) Regulations, 2000.

Explanation. - For the purpose of this regulation, re-import into India, within the period specified for realisation of the export value, of the exported goods in respect of which a declaration was made under regulation 3, shall be deemed to be realisation of full export value of such goods.

9. Period within which export value of goods/software to be realised. - [(1)] The amount representing the full export value of goods or software exported shall be realised and repatriated to India within [nine months] from the date of export:

[* * *]

Provided that where the goods are exported to a warehouse established outside India with the permission of the Reserve Bank, the amount representing the full export value of goods exported shall be paid to the authorised dealer as soon as it is realised and in any case within fifteen months from the date of shipment of goods:

Provided further that the Reserve Bank, or subject to the directions issued by that Bank in this behalf, the authorised dealer may, for a sufficient and reasonable cause shown, extend the said period of [nine months] or fifteen months, as the case may be.

Explanation. - For the purpose of this regulation, the "date of export" in relation to the export of software in other than physical form, shall be deemed to be the date of invoice covering such export.

[(2)(a) Where the export of goods or software has been made [* * *] [by a Status Holder Exporter, as defined in the Exim Policy in force,][then notwithstanding anything contained in sub-regulation (1), the amount representing the full export value of goods or software shall be realised and repatriated to India within twelve months from the date of export:

Provided that the Reserve Bank may for a sufficient and reasonable cause shown, extend the said period of twelve months.

(b) The Reserve Bank may for reasonable and sufficient cause direct that the [said exporter/s][shall cease to be governed by sub-regulation (2):

Provided that no such direction shall be given unless the [said exporter]
[has been given a reasonable opportunity to make a representation in the matter.

(c) On such direction, the [said exporter/s] shall be governed by the provisions of sub-regulation (1), until directed otherwise by the Reserve Bank.]]

10. Export on elongated credit terms. - No person shall enter into any contract to export goods on the terms which provide for a period longer than [nine months]
for payment of the value of the goods to be exported:

Provided that the Reserve Bank may, for reasonable and sufficient cause shown, grant approval to enter into a contract on such terms.

11. Submission of export documents. - The documents pertaining to export shall, within 21 days from the date of export as, as the case may be, from the date of certification of SOFTEX form, be submitted to the authorised dealer mentioned in the relevant declaration form:

Provided that, subject to the directions issued by the Reserve Bank from time to time, the authorised dealer may accept the documents pertaining to export submitted after the expiry of the specified period of 21 days, for reasons beyond the control of the exporter.

12. Transfer of documents. - Without prejudice to regulation 3, an authorised dealer may accept, for negotiation or collection, shipping documents including invoice and bill of exchange covering exports, from his constituent (not being a person who has signed the declaration in terms of regulation 3):

Provided that before accepting such documents for negotiation or collection, the authorised dealer shall-

(a) where the value declared in the declaration does not differ from the value shown in the documents being negotiated or sent for collection, or

(b) where the value declared in the declaration is less than the value shown in the documents being negotiated or sent for collection, require the constituent concerned also to sign such declaration and thereupon such constituent shall be bound to comply with such requisition and such constituent signing the declaration shall be considered to be the exporter for the purposes of these regulations to the extent of the full value shown in the documents being negotiated or sent for collection and shall be governed by these regulations accordingly.

13. Payment for the export. - In respect of export of any goods or software for which a declaration is required to be furnished under regulation 3, no person shall except with the permission of the Reserve Bank or, subject to the directions of the Reserve Bank, permission of an authorised dealer, do or refrain from doing anything or take or refrain from taking any action which has the effect of securing-

(i) that the payment for the goods or software is made otherwise than in the specified manner; or

(ii) that the payment is delayed beyond the period specified under these Regulations; or

(iii) that the proceeds of sale of the goods or software exported do not represent the full export value of the goods or software subject to such deductions, if any, as may be allowed by the Reserve Bank or, subject to the directions of the Reserve Bank, by an authorised dealer:

Provided that no proceedings in respect of contravention of these provisions shall be instituted unless the specified period has expired and payment for the goods or software representing the full export value, or the value after deductions allowed under clause (iii), has not been made in the specified manner within the specified period.

14. Certain exports requiring prior approval. -

A. Export of goods on lease, hire, etc. -

(i) No person shall, except with the prior permission of the Reserve Bank, take or send out by land, sea or air any goods from India to any place outside India on lease or hire or under any arrangement or in any other manner other than sale or disposal of such goods.

B. Exports under trade agreement/rupee credit, etc. -

(i) Export of goods under special arrangement between the Central Government and Government of a foreign State, or under rupee credits extended by the Central Government to Government of a foreign State shall be governed by the terms and conditions set out in the relative public notices issued by the Trade Control Authority in India and the instructions issued from time to time by the Reserve Bank.

(ii) An export under the line of credit extended to a bank or a financial institution operating in a foreign State by the Exim Bank for financing exports from India, shall be governed by the terms and conditions advised by the Reserve Bank to the authorised dealers from time to time.

C. Counter Trade -

Any arrangement involving adjustment of value of goods imported into India against value of goods exported from India, shall require prior approval of the Reserve Bank.

15. Delay in receipt of payment. - Where in relation to goods or software export of which is required to be declared on the specified form, the specified period has expired and the payment therefor has not been made as aforesaid, the Reserve Bank may give to any person who has sold the goods or software or who is entitled to sell the goods or software or procure the sale thereof, such directions as appear to it to be expedient, for the purpose of securing, (a) the payment therefor if the goods or software has been sold and (b) the sale of goods and payment thereof, if goods or software has not been sold or re-import thereof into India as the circumstances permit, within such period as the Reserve Bank may specify in this behalf:

Provided that omission of the Reserve Bank to give directions shall not have the effect of absolving the person committing the contravention from the consequences thereof.

16. Advance payment against exports. - (1) Where an exporter receives advance payment (with or without interest), from a buyer outside India, the exporter shall be under an obligation to ensure that-

(i) the shipment of goods is made within one year from the date of receipt of advance payment;

(ii) the rate of interest, if any, payable on the advance payment does not exceed London Inter-Bank Offered Rate (LIBOR) + 100 basis points; and

(iii) the documents covering the shipment are routed through the authorised dealer through whom the advance payment is received:

Provided that in the event of the exporter's inability to make the shipment, partly or fully, within one year from the date of receipt of advance payment, no remittance towards refund of unutilised portion of advance payment or towards payment of interest, shall be made after the expiry of the said period of one year, without the prior approval of the Reserve Bank.

[(2) Notwithstanding anything contained in clause (i) of sub-regulation (1), an exporter may receive advance payment where the export agreement itself duly provides for shipment of goods extending beyond the period of one year from the date of receipt of advance payment.]

17. Issue of directions by Reserve Bank in certain cases. - (1) Without prejudice to the provisions of regulation 3 in relation to the export of goods or software which is required to be declared, the Reserve Bank may, for the purpose of ensuring that the full export value of the goods or, as the case may be, the value which the exporter having regard to the prevailing market conditions expects to receive on the sale of goods or software in the overseas market, is received in proper time and without delay, by general or special order, direct from time to time that in respect of export of goods or software to any destination or any class of export transactions or any class of goods or software or class of exporters, the exporter shall, prior to the export, comply with the conditions as may be specified in the order, namely:-

(a) that the payment of the goods or software is covered by an irrevocable letter of credit or by such other arrangement or document as may be indicated in the order;

[(b) that any declaration to be furnished to the specified authority shall be submitted to the authorised dealer for its prior approval, which may, having regard to the circumstances, be given or withheld or may be given subject to such conditions as may be specified by the Reserve Bank by directions issued from time to time;]

(c) that a copy of the declaration to be furnished to the specified authority shall be submitted to such authority or organisation as may be indicated in the order for certifying that the value of goods or software specified in the declaration represents the proper value thereof.

[(2) No direction under sub-regulation (1) shall be given by the Reserve Bank and no approval under clause (b) of that sub-regulation shall be withheld by the authorised dealer, unless the exporter has been given a reasonable opportunity to make a representation in the matter.]

[18. Project exports. - Where an export of goods or services is proposed to be made on deferred payment terms or in execution of a turnkey project or a civil construction contract, the exporter shall, before entering into any such export arrangement, submit the proposal for prior approval of the approving authority, which shall consider the proposal in accordance with the guidelines issued by the Reserve Bank from time to time.

Explanation. - For the purpose of this regulation, "approving authority" means the Exim Bank of India or the authorised dealer.]

Schedule

(Refer to regulation 3)

Form GR: To be completed in duplicate for export otherwise than by Post including export of software in physical form i.e. magnetic tapes/ discs and paper media.

[x x x]

Form PP: To be completed in duplicate for export by Post.

Form SOFTEX: To be completed in triplicate for declaration of export of software otherwise than in physical form, i.e. magnetic tapes/ discs, and paper media.

Exchange Control Declaration (GR) Form No.

Original

 

Exporter

Invoice No.& Date

SB No.& Date

 

 

 

 

 

 

AR4/AR4A No.& Date

 

 

 

Q/Cert No.& Date

Importer-Exporter Code No.

 

 

 

 

 

Consignee

 

 

 

 

Export Trade Control

If export under :

 

 

 

Deferred Credit

 

 

 

Joint Ventures

 

 

 

Rupee Credit

 

 

 

Others

 

 

 

RBI's Approval/Cir. No. & Date

 

Custom House Agent L/C. No.

 

 

 

Pre-Carriage by

Place of Receipt by Pre-Carrier

 

Type of shipment : Outright Sale

 

 

 

 

Consignment Export

 

Vessel/Flight No.

Rotatio No.

 

Others  (Specify)

 

 

Port of Loading

Nature of Contract : CIF/C&F /FOB

 

 

 

Other (Specify)

 

Port of Discharge

Country of Destination

Exchange Rate U/S 14 of CA Currency of invoice

Sl. No

Marks & No.

No. & Kind of Pkgs.

Statistical Code & Description of Goods

Quantity

Value FOB

 

Container Nos.

 

 

 

 

 

 

 

 

 

 

 

Net Weight

 

 

 

 

 

 

 

 

 

 

 

Gross Weight

 

 

 

 

 

 

 

 

 

 

 

Total FOB Value in words

 

 

 

Analysis of Export Value

Currency Amount

Full export value OR where not ascertainable, the value which exporter expects to receive on the sale of goods.

 

FOB Value

 

 

 

Freight

 

 

 

Insurance

 

Currency

 

 

 

Commission

Rate

 

 

 

 

Discount

 

Amount

 

 

 

Other Deductions

 

 

 

 

EXCHANGE CONTROL DECLARATION (GR) FORM NO.

 

 

 

 

 

 

 

Is Export under L/C arrangements?

Yes

 

No

 

 

FOR CUSTOMS

 

 

 

 

 

 

 

If yes, name of advising bank in India

 

Customs Assessable value Rs.

 

 

 

 

 

Rupees

 

 

………………………

Bank through which payment is to be received

 

 

 

 

Export Value Verified

 

 

Customs Appraiser

Whether Payment is to be received through the ACU Yes/No.

Date of Shipment

Customs Appraiser

Declaration under Foreign Exchange Management Act, 1999: I/We hereby declare that I/We am/are the Seller/Consignor of the goods in respect of which this declaration is made and that the particulars given above are true and that (a) the value as contracted with the buyer is the same as the full export value declared overleaf/(b) the full export value of the goods is not ascertainable at the time of export and that the value declared is that which I/We, having regard to the prevailing market-conditions, expect to receive on the sale of goods in the overseas market.

 

I/We undertake that I/We will deliver to the bank named herein the foreign exchange representing the full export value of the goods on or before @ .................... in the manner specified in the Regulations under the Act. I/We further declare that I/We am/are resident in India and I/We have a place of business in India.

 

I/We am/are OR am/are not in Caution List of the Reserve Bank of India.

Date................                                                                                                                            (Signature of Exporter)

@ State appropriate date of delivery which must be within [twelve months] from the date of shipment, but for exports to warehouses established outside India with the permission of the Reserve Bank, the date of delivery must be within fifteen months.

 

 

Strike out whichever is not applicable

SPACE FOR USE BY RESERVE BANK OF INDIA

 

 

 

 

EXCHANGE CONTROL DECLARATION (GR) FORM NO.

Duplicate

 

Exporter

Invoice No.& Date

SB No.& Date

 

 

 

 

 

 

AR4/AR4A No.& Date

 

 

 

Q/Cert No.& Date

Importer-Exporter Code No.

 

 

 

 

 

Consignee

 

 

 

 

Export Trade Control

If export under :

 

 

 

Deferred Credit

 

 

 

Joint Ventures

 

 

 

Rupee Credit

 

 

 

Others

 

 

 

RBI's Approval/Cir. No. & Date

 

Custom House Agent L/C. No.

 

 

 

Pre-Carriage by

Place of Receipt by Pre-Carrier

 

Type of shipment : Outright Sale

 

 

 

 

Consignment Export

 

Vessel/Flight No.

Rotatio No.

 

Others  (Specify)

 

 

Port of Loading

Nature of Contract : CIF/C&F /FOB

 

 

 

Other (Specify)

 

Port of Discharge

Country of Destination

Exchange Rate U/S 14 of CA Currency of invoice

Sl. No

Marks & No.

No. & Kind of Pkgs.

Statistical Code & Description of Goods

Quantity

Value FOB

 

Container Nos.

 

 

 

 

 

 

 

 

 

 

 

Net Weight

 

 

 

 

 

 

 

 

 

 

 

Gross Weight

 

 

 

 

 

 

 

 

 

 

 

Total FOB Value in words

 

 

 

Analysis of Export Value

Currency Amount

Full export value or where not ascertainable, the value which exporter expects to receive on the sale of goods.

 

FOB Value

 

 

 

Freight

 

 

 

 Insurance

 

Currency

 

 

 

Commission

Rate

 

 

 

 

Discount

 

Amount

 

 

 

Other Deductions

 

 

 

 

EXCHANGE CONTROL DECLARATION (GR) FORM NO.

 

 

 

 

 

 

 

Is Export under L/C arrangements?

Yes

 

No

 

 

FOR CUSTOMS

 

 

 

 

 

 

 

If yes, name of advising bank in India

 

Customs Assessable value Rs.

 

 

 

 

 

Rupees

 

 

………………………

Bank through which payment is to be received

 

 

 

 

Export Value Verified

 

 

Customs Appraiser

 

 

Cargo shipped in full/part

 

 

Quantity

 

 

Value

Whether Payment is to be received through the ACU Yes/No.

Date of Shipment

Customs Appraiser

Declaration under Foreign Exchange Management Act, 1999: I/We hereby declare that I/We am/are the 'Seller/Consignor of the goods in respect of which this declaration is made and that the particulars given above are true and that (a) the value as contracted with the buyer is the same as the full export value declared overleaf/ (b) the full export value of the goods is not ascertainable at the time of export and that the value declared is that which I/We, having regard to the prevailing market-conditions, expect to receive on the sale of goods in the overseas market.

 

I/We undertake that I/We will deliver to the bank named herein the foreign exchange representing the full export value of the goods on or before @ .................... in the manner specified in the Regulation made under the Act. I/We further declare that I/We am/are resident in India and I/We have a place of business in India.

 

I/We am/are OR am/are not in Caution List of the Reserve Bank of India.

Date................                                                                                                                            (Signature of Exporter)

@ State appropriate date of delivery which must be within [twelve months] from the date of shipment, but for exports to warehouses established outside India with the permission of the Reserve Bank, the date of delivery must be within fifteen months.

 

 

Strike out whichever is not applicable

FOR AUTHORISED DEALER'S USE

Uniform Code Number.........................

Indicate ( ) in the box applicable Date of* (i) negotiation (ii) receipt for collection. Bill No....................

Type of Bill* (i)DA/ (ii)DP/ (iii) Others.................... (Specify)

Type of shipment:*(i) Firm Sale Contract/ (ii) Consignment Basis/ (iii) Others .......................(Specify)

The GR Form was included in the Statement sent to the Reserve Bank with the R Return for the fortnight ending......................sent on.......................

We certify and confirm that we have received the total amount of.............(Currency) (amount) as under being the proceeds of exports declared on this form.

Date of receipt

Currency

Credit to Nostro Account in…….. Country

Debit to NR Rupee Account of a Bank in……..Country

Period of Return with which the realization has been reported to RBI

 

 

In our name

In the name of

Held with us

Held with

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* (Write the name of the concerned Indian Authorised Dealer Branch. ) Any other manner of receipt (Specify).................................

.......................................

(Stamp & Signature of authorised dealer)

Date...........................

Address.........................................

................................................

 

 

SPACE FOR USE BY RESERVE BANK OF INDIA

 

 

SDF

[See regulation 3 (1)]

(In duplicate)

Shipping Bill No. Date :

Declaration under the Foreign Exchange Management Act, 1999

I/We hereby declare that I/we am/are the *SELLER/CONSIGNOR of the goods in respect of which the declaration is made and that the particulars given in the Shipping Bill No.........dated.........are true and that (a) *the value as contracted with the buyer is the same as the full export value declared in the above shipping bill (b) *the full export value of goods is not ascertainable at the time of export and that the value declared is that which I/we, having regard to the prevailing market conditions, expect to receive on the sale of goods in the overseas market.

I/We undertake that I/we will deliver to the bank named herein ............... The foreign exchange representing the full export value of the goods on or before @.............. in the manner specified in the regulation made under the Foreign Exchange Management Act, 1999. I/We further declare that I/We am/are resident in India and I/We have a place of business in India.

I/We am/are OR am/arenot in the Caution List of the Reserve Bank of India.

...............

(Signature of Exporter)

Date....................

@State appropriate date of delivery which must be within [twelve months] from the date of shipment but for exports to warehouses established outside India with permission of the Reserve Bank, the date of delivery must be within fifteen months.

*Strike out whichever is not applicable.

FOR AUTHORISED DEALER'S USE

Uniform Code Number............

*Indicate () in the box applicable

Date of (i) negotiation.........................

(ii) receipt for collection...........

(iii) Bill No..........................

*Type of Bill (i) DA ? (ii) DP ? (iii) Others ?.........(Specify)

*Types of Shipment (i) Firm Sale Contract ? (ii) Consignment Basis ? Others ? ..........(Specify)

The SDF Form was included in the Statment sent to Reserve Bank with the R Return for the fortnight ending.......... sent on.........

We certify and confirm that we have received the total amount of .......... (Currency) (Amount) as under being the proceeds of exports declared on this form.

Date of receipt

Currency

Credit to Nostro Account in…….. Country

Debit to NR Rupee Account of a Bank in……..Country

Period of R Return with which the realization has been reported to RBI

 

 

In our name

In the name of

Held with us

Held with

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** (Write the name of the concerned Indian Authorised Dealer Branch). Any other manner of receipt (Specify)........................

......................

(Stamp & Signature of Authorised Dealer)

Date..............................

Address...........................

....................................

 

 

SPACE FOR USE BY RESERVE BANK OF INDIA

 

 

FORM PP

Exchange Control (Exporter's Declaration)

1.(a) Name of the Post Office…………………………………….

 

  (b) Number and date of Parcel Receipt…………………………

 

2. Exporter’s Name………………………………………………

(for RBI use)

3. Importer/Exporter Code No. ………………………………….

 

4. Buyer’s/Consignee’s name and Address……………………….

 

………………………………………………………………….

 

………………………………………………………………….

 

5. Country of destination…………………………………………

 

6. Nature of Contract* (i)CIF/(ii)C&F/(iii)FOB/(iv) Others………………. (Specify)

 

7. Date of dispatch………………………………………………………….

 

8. Type of Shipment* (i) Outright Sale/(ii) Consignment Export/(iii) Others…………………………………………………………. (Specify)

 

9. Description of goods…………………………………………

 

10. Quantity of goods: Unit…………………………………….. Quantity………………………………………………………..

 

11. Currency of Invoice………………………………………...

 

(*Tonne/Kilogram/Litre/Cubic Meter/Sq. Metre/Metre/Number/Other (Specify)]

 

12. Where the full export value is not ascertainable, value expected on sale of goods in the overseas market may be shown

Analysis of export value :

Particulars

Currency

Amount

@ Full Export Value

 

 

No application for permission for remittance/deduction from the declared value on account of agency commission and/or discount will be entertained by the Reserve Bank or authorized dealer unless these have been declared on this form

F.O.B. Value

 

 

Freight

 

 

Insurance

 

 

*Discount (Rate…….)

 

 

*Agency Commission (Rate……..)

 

 

(For Customs Use)

13. Customs Assessable Value

 

Export Value Verified

(Rupees)………………………...

 

 

 

 

(Cstoms Appraiser)

 

 

14. If the export is made under general permission of the Reserve Bank of India, number and d ate of its approval…………………………………….

 

 

15. If the export is made under L/C arrangements, name of advising bank in India………………………………………………………………………

 

 

16. State if the payment is to be received through the Asian Clearing Union: *Yes/No………………………………………………………………….

 

 

17. Name and address of Bank through whom payment is to be received…………………………………………………………………..

 

 

I/We hereby declare that I/We am/are the *SELLER/CONSIGNOR of the goods in respect of which the declaration is made and that the particulars give above are true and that " (a) the export value as contracted with the buyer is the same as the full export value declared above." (b) the full export value of goods is not ascertainable at the time of export and that the value declared is that which I/We, having regard to the prevailing market conditions, expect to receive on the sale of goods in the overseas market.

I/We undertake that I/We will deliver to the bank named above the foreign exchange representing the full export value of the goods on or before $ .............in the manner specified in the requlations made under the Foreign Exchange Management Act, 1999. I/We further declare that I/We am/are resident in India and I/We have a place of business in India.

I am*/We are *not* in the Caution List of the Reserve Bank of India.

$ Mention appropriate date of delivery which must be within [twelve months] from the date of shipment.

*Strike out whichever is not applicable.

(For A.D.’s Use)

 

 

(Signature of Exporter)

 

Date

Stamp & Signature of authorized dealer

Address

Date…………………………………

 

Bank’s Uniform Code No…………...

 

NOTE TO EXPORTERS

(1) This Form should not be pasted on the Parcel.

(2) The PP Form procedure applies to postal exports to all territories outside India excluding Nepal and Bhutan. The PP Form should be completed in duplicate in all cases.

(3) The Original should be submitted by the exporter to the Post Office after having it countersigned by an Authorised Dealer in foreign exchange. The Post Office through which the goods have been despatched will forward the Original to the nearest office of Reserve Bank of India.

(4) All documents relating to export of goods from India must be passed through the medium of an Authorised Dealer in foreign exchange in India within 21 days of the date of shipment of the goods.

(5) The amount representing the full export value of goods must be realised on the due date for payment or within six months from the date of shipment.

Note. - Government of India/Indian Financial institutions may conclude from time to time Special Trade Agreements with other countries providing for settlement of certain payments from the countries in a specified manner or for exports to be financed from Government to Government Credits. Reserve Bank will advise Authorised Dealers of such arrangements by issue of circulars. Methods of payment specified in the individual arrangements will have to be followed in such cases.

 

 

 

 

 

SPACE FOR USE BY RESERVE BANK OF INDIA

 

 

 

 

 

FORM PP

Exchange Control (Exporter's Declaration)

Form Number

Duplicate

(Please see "Notes to Exporters" overleaf)

1.(a) Name of the Post Office………………………………………

 

  (b) Number and date of Parcel Receipt…………………………

 

2. Exporter’s Name………………………………………………….

(for RBI use)

3. Importer/Exporter Code No. …………………………………….

 

4. Buyer’s/Consignee’s name and Address………………………

 

…………………………………………………………………………

 

…………………………………………………………………………

 

5. Country of destination……………………………………………

 

6. Nature of Contract* (i)CIF/(ii)C&F/(iii)FOB/(iv) Others………………. (Specify)

 

7. Date of dispatch………………………………………………………….

 

8. Type of Shipment* (i) Outright Sale/(ii) Consignment Export/(iii) Others…………………………………………………………. (Specify)

 

9. Description of goods…………………………………………

 

10. Quantity of goods: Unit…………………………………….. Quantity………………………………………………………..

 

11. Currency of Invoice………………………………………...

 

(*Tonne/Kilogram/Litre/Cubic Meter/Sq. Metre/Metre/Number/Other (Specify)]

 

12. Where the full export value is not ascertainable, value expected on sale of goods in the overseas market may be shown

Analysis of export value :

Particulars

Currency

Amount

@ Full Export Value

 

 

No application for permission for remittance/deduction from the declared value on account of agency commission and/or discount will be entertained by the Reserve Bank or authorized dealer unless these have been declared on this form

F.O.B. Value

 

 

Freight

 

 

Insurance

 

 

*Discount (Rate…….)

 

 

*Agency Commission (Rate……..)

 

 

(For Customs Use)

13. Customs Assessable Value

 

Export Value Verified

(Rupees)………………………...

 

 

 

 

(Cstoms Appraiser)

 

 

14. If the export is made under general permission of the Reserve Bank of India, number and date of its approval…………………………………….

 

 

15. If the export is made under L/C arrangements, name of advising bank in India………………………………………………………………………

 

 

16. State if the payment is to be received through the Asian Clearing Union: *Yes/No………………………………………………………………….

 

 

17. Name and address of Bank through whom payment is to be received…………………………………………………………………..

 

 

I/We hereby declare that I/we am/are the *SELLER/CONSIGNOR of the goods in respect of which the declaration is made and that the particulars given above are true and that *(a) the export value as contracted with the buyer is the same as the full export value declared above/*(b) the full export value of goods is not ascertainable at the time of export and that the value declared is that which I/we, having regard to the prevailing market conditions, expect to receive on the sale of goods in the overseas market.

I/We undertake that I/we will deliver to the bank named above the foreign exchange representing the full export value of the goods on or before $.............. in the manner specifying in the Regulations made under the Foreign Exchange Management Act, 1999. I/We further declare that I/We am/are resident in India and I/we have a place of business in India.

I am */We are *not* in the Caution List of the Reserve Bank of India.

$ Mention approximate date of delivery which must be within [twelve months] from the date f shipment.

*Strike out whichever is not applicable.

(For A.D.’s Use)

 

 

(Signature of Exporter)

 

Date

Stamp & Signature of authorized dealer

Address

Date…………………………………

 

Bank’s Uniform Code No…………...

 

Note. - All documents relating to export of goods from India must be passed through the medium of an Authorised Dealer in foreign exchange in India within 21 days of the date of shipment of the goods.

FOR AUTHORISED DEALER'S USE

Uniform Code Number..............

Date of *(i) negotiation/(ii) receipt for collection Bill No........

* Strike out whichever is not applicable

Type of Bill *DA/(ii)DP/ (iii) Others…………………..

Type of shipment : *(i) Firm Sale Contract/ (ii) Consignment Basis/ (iii) Others………………………………….. (Specify)

 

The PP Form was included in the Statement sent to the Reserve Bank with the R Return for the fortnight ending………….. sent on…………….

We certify and confirm that we have received the total amount of (Currency) (Amount) as under being the proceeds of exports declared on this form.

Date of receipt

Currency

Credit to Nostro Account in…….. Country

Debit to NR Rupee Account of a Bank in……..Country

Period of R Return with which the realization has been reported to RBI

 

 

In our name

In the name of*

Held with us

Held with*

 

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(*Write the name of the concerned Indian Authorised Dealer branch).

Any other manner of receipt (specify)........................

....................................

(Stamp & Signature of Authorised Dealer)

Date........................

Address.....................

NOTES TO AUTHORISED DEALER:

1. Please ensure that the columns on the face of the PP Form have been completed by the exporter and that they have been duly authenticated by the Postal authorities wherever necessary.

2. On receipt of the full export value of the shipment declared on this Form, the Authorised Dealer will forward to the Reserve Bank this duplicate copy of the Form together with a copy of the Customs certified Shipper's Invoice, duly certified. In respect of shipments made on consignment basis, the Account Sales received from the consignee in original in support of the proceeds actually realized should also be forwarded along with this copy of the Form.

3. In case the net amount received falls short of the full export value declared on the Form for reasons other than deduction of bank charges, please indicate the authority conferred on the Authorised Dealers by or under the Exchange Control Manual or the Authorised Dealer's Circular or Circulars, as the case may be, or the Reserve Bank of India's approval number and date for reduction.

[EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTTEX) FORM

(For declaration of Software Exports through data-communication links and receipt of Royalty on the Software Packages/Products exported)]



FORM NO: AB


ORIGINAL

1.

Name and address of the exporter



2.

STPI Centre within whose jurisdiction the unit is situated



3.

Import-Export Code Number



4.

Category of exporter

STP/EHTP/EPZ/SEZ/100%EOU/DTA unit

5.

Buyer's name and address including country and their relationship with exporting unit (if any)



6.

Date and Number of Invoice



7.

a)

Whether export contract/purchase order already registered with STPI. (If 'No', please attach copy of the contract/purchase order)






Yes



No








b)

Does contract stipulate payment of royalty






Yes



No







SECTION -A
(For exports through data communication link

8.

Name of authorised datacom service provider

STPI/VSNL/DOT/Internet/Others
(Please specify)

9.

Type of software exported (Please mark '√' on the appropriate box on the left side).


(a) Computer Software

RBI Code



Date Entry jobs and Conversion Software Date Processing


9  0  6










Software Development


9  0  7










Software Product, Packages


9  0  8









Others (Please specify)


9  0  9





(b) Other Software



Video/TV Software


9  1  0









Others (Please specify)


9  1  1




10.

Analysis of Export Value

Currency

Amount


(a)

Full export value of which:-




i) Net value of exports without transmission charges




ii) Transmission charges included invoice




(b)

Transmission charges (if payable separately by the overseas client)




(c)

Deduct Agency commission, at the rate of .. ..%




(d)

Any other deductions as permitted by RBI (please specify)




(e)

Amount to be realised [(a+b) - [(c+d)]



11

How export value will be realised (mode of realisation) (Please mark '√' on the appropriate box




(a) Under L/C"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(b) Bank Guarantee"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(c) Any other arrangement e.g. advance payment, etc. including transfer/remittance to bank account maintained overseas (Please specify)

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



SECTION – B
(For receipt of Royalty on Software Packages/Products exported

12.

Details of Software Package(s)/Product(s) exported




(a)

Date of export



(b)

GR/SDF/PP/SOFTEX Form No. on which exports were declared



(c)

Royalty agreement details




%age and amount of royalty



Period of royalty agreement (Enclose copy of Royalty agreement, if not already registered


13

How royalty value will be realised (as defined in Royalty agreement)


14

Calculation of royalty amount (Enclose copy of communication from the foreign customer)


15

Name and address of designated Authorised Dealer in India through whom payment has been received/to be received


A D Code No.______________________






SECTION -C

16

Declaration by exporter




I/We hereby declare that I/We am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above I/We also declare that the software has been developed and exported by using authorised and legitimate datacom links


I/We undertake that I/We will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before       (ie within six months from the date of invoice/date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999


Place

Stamp


_________________________


Date

Signature of the Exporter



Name____________________



Designation________________



Enclosure




(1) Copy of Export Contract [7(a)]




(2) Copy of Royalty Agreement [12(c)]




(3) Copy of communication from customer [14]





Space for use of the competent authority (i/e STPI/EPZ/SEZ)on behalf of Ministry of Information Technology


Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order accepted by us


Place
Date

_________________________



(Signature of Designated Official of STPI/EPZ/SEZ on behalf of Ministry of Information Technology)



Stamp


Name____________________



Designation________________

EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTTEX) FORM

(For declaration of Software Exports through data-communication links and receipt of Royalty on the Software Packages/Products exported)


FORM NO: AB


DUPLICATE

1.

Name and address of the exporter



2.

STPI Centre within whose jurisdiction the unit is situated



3.

Import-Export Code Number



4.

Category of exporter

STP/EHTP/EPZ/SEZ/100%EOU/DTA unit

5.

Buyer's name and address including country and their relationship with exporting unit (if any)



6.

Date and Number of Invoice



7.

a)

Whether export contract/purchase order already registered with STPI. (If 'No', please attach copy of the contract/purchase order)






Yes



No








b)

Does contract stipulate payment of royalty






Yes



No







SECTION -A
(For exports through data communication link

8.

Name of authorised datacom service provider

STPI/VSNL/DOT/Internet/Others
(Please specify)

9.

Type of software exported (Please mark '√' on the appropriate box on the left side).


(a) Computer Software

RBI Code



Date Entry jobs and Conversion Software Date Processing


9  0  6










Software Development


9  0  7










Software Product, Packages


9  0  8









Others (Please specify)


9  0  9





(b) Other Software



Video/TV Software


9  1  0









Others (Please specify)


9  1  1




10.

Analysis of Export Value

Currency

Amount


(a)

Full export value of which:-




i) Net value of exports without transmission charges




ii) Transmission charges included invoice




(b)

Transmission charges (if payable separately by the overseas client)




(c)

Deduct Agency commission, at the rate of .. ..%




(d)

Any other deductions as permitted by RBI (please specify)




(e)

Amount to be realised [(a+b) - [(c+d)]



11

How export value will be realised (mode of realisation) (Please mark '√' on the appropriate box




(a) Under L/C"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(b) Bank Guarantee"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(c) Any other arrangement e.g. advance payment, etc. including transfer/remittance to bank account maintained overseas (Please specify)

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



SECTION – B
(For receipt of Royalty on Software Packages/Products exported

12.

Details of Software Package(s)/Product(s) exported




(a)

Date of export



(b)

GR/SDF/PP/SOFTEX Form No. on which exports were declared



(c)

Royalty agreement details




%age and amount of royalty



Period of royalty agreement (Enclose copy of Royalty agreement, if not already registered


13

How royalty value will be realised (as defined in Royalty agreement)


14

Calculation of royalty amount (Enclose copy of communication from the foreign customer)


15

Name and address of designated Authorised Dealer in India through whom payment has been received/to be received


A D Code No.______________________






SECTION -C

16

Declaration by exporter




I/We hereby declare that I/We am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above I/We also declare that the software has been developed and exported by using authorised and legitimate datacom links


I/We undertake that I/We will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before       (ie within six months from the date of invoice/date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999


Place

Stamp


_________________________


Date

Signature of the Exporter



Name____________________



Designation________________



Enclosure




(1) Copy of Export Contract [7(a)]




(2) Copy of Royalty Agreement [12(c)]




(3) Copy of communication from customer [14]





Space for use of the competent authority (i/e STPI/EPZ/SEZ)on behalf of Ministry of Information Technology


Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order accepted by us


Place
Date

_________________________



(Signature of Designated Official of STPI/EPZ/SEZ on behalf of Ministry of Information Technology)



Stamp


Name____________________



Designation________________

FOR Authorised Dealer's use only

Duplicate to be forwarded after realisation alongwith R Supplementary Return

Certificate by authorised dealer

AD's Uniform Code No .... ......... ..... ....... ........

The SOFTEX Form included in the ENC statement sent to the Reserve Bank with the 'R' Return(NOSTRO/VOSTRO)........... ............for the period ending.... .......... ....sent on
(Currency name)
We certify and confirm that we have received the total amount of........ ........... as under being the proceeds of exports declared on this form.
(Currency name)



Date of Receipt

Currency

Credit to Nostro Account in..........(Country)

Debit to Non-Resident Rupee Account of a bank in...............(Country)

Period of R-Return with which the realisation has been reported to RBI



In our name

In the name of**

Held with us

Held with **


1

2

3

4

5

6

7











(** Writ the name of the concerned branch of Authorised Dealer)

Any other manner of receipt (Specify)............ ................. ..... ...................... .....


Place.__________
Date.__________
Stamp

________________________
(Signature of Authorised Official)

Name_________________________________
Designation_____________________________
Name & Address of______________________
Authorised Dealer________________________
EXCHANGE CONTROL

SOFTWARE EXPORT DECLARATION (SOFTTEX) FORM

(For declaration of Software Exports through data-communication links and receipt of Royalty on the Software Packages/Products exported)


FORM NO: AB


TRIPLICATE

1.

Name and address of the exporter



2.

STPI Centre within whose jurisdiction the unit is situated



3.

Import-Export Code Number



4.

Category of exporter

STP/EHTP/EPZ/SEZ/100%EOU/DTA unit

5.

Buyer's name and address including country and their relationship with exporting unit (if any)



6.

Date and Number of Invoice



7.

a)

Whether export contract/purchase order already registered with STPI. (If 'No', please attach copy of the contract/purchase order)






Yes



No








b)

Does contract stipulate payment of royalty






Yes



No







SECTION -A
(For exports through data communication link

8.

Name of authorised datacom service provider

STPI/VSNL/DOT/Internet/Others
(Please specify)

9.

Type of software exported (Please mark '√' on the appropriate box on the left side).


(a) Computer Software

RBI Code



Date Entry jobs and Conversion Software Date Processing


9  0  6










Software Development


9  0  7










Software Product, Packages


9  0  8









Others (Please specify)


9  0  9





(b) Other Software



Video/TV Software


9  1  0









Others (Please specify)


9  1  1




10.

Analysis of Export Value

Currency

Amount


(a)

Full export value of which:-




i) Net value of exports without transmission charges




ii) Transmission charges included invoice




(b)

Transmission charges (if payable separately by the overseas client)




(c)

Deduct Agency commission, at the rate of .. ..%




(d)

Any other deductions as permitted by RBI (please specify)




(e)

Amount to be realised [(a+b) - [(c+d)]



11

How export value will be realised (mode of realisation) (Please mark '√' on the appropriate box




(a) Under L/C"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(b) Bank Guarantee"

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



(c) Any other arrangement e.g. advance payment, etc. including transfer/remittance to bank account maintained overseas (Please specify)

(a) Name and address of Authorised Dealer




(b) Authorised Dealer Code No



SECTION – B
(For receipt of Royalty on Software Packages/Products exported

12.

Details of Software Package(s)/Product(s) exported




(a)

Date of export



(b)

GR/SDF/PP/SOFTEX Form No. on which exports were declared



(c)

Royalty agreement details




%age and amount of royalty



Period of royalty agreement (Enclose copy of Royalty agreement, if not already registered


13

How royalty value will be realised (as defined in Royalty agreement)


14

Calculation of royalty amount (Enclose copy of communication from the foreign customer)


15

Name and address of designated Authorised Dealer in India through whom payment has been received/to be received


A D Code No.______________________






SECTION -C

16

Declaration by exporter




I/We hereby declare that I/We am/are the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above I/We also declare that the software has been developed and exported by using authorised and legitimate datacom links


I/We undertake that I/We will deliver to the bank named above the foreign exchange representing the full value of the software exported as above on or before       (ie within six months from the date of invoice/date of last invoice raised during a month), in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999


Place

Stamp


_________________________


Date

Signature of the Exporter



Name____________________



Designation________________



Enclosure




(1) Copy of Export Contract [7(a)]




(2) Copy of Royalty Agreement [12(c)]




(3) Copy of communication from customer [14]





Space for use of the competent authority (i/e STPI/EPZ/SEZ)on behalf of Ministry of Information Technology


Certified that the software described above was actually transmitted and the export/royalty value declared by the exporter has been found to be in order accepted by us


Place
Date

_________________________



(Signature of Designated Official of STPI/EPZ/SEZ on behalf of Ministry of Information Technology)



Stamp


Name____________________



Designation________________

Bare Acts Live

Copyright © 2016 Chawla Publications (P) Ltd. - Home | About Us | Contact Us

Revolutionising Law Reporting !
Install Now! Install Now! Install Now!
Get it Now !
You will Never Need a Law Reporter or Back Volumes
Instant Activation !

title

Biggest Law Library in Mobile
Install Now! Install Now! Install Now!
Headlines with Full Text of Cases!
Install Now! Install Now!
Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!
Searchable Back Volumes !
Install Now! Install Now! Install Now!
With Searchable Back Volumes from 1950 !
Install Now! Install Now! Install Now!