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In
terms of paragraph 6 C.12(ii) of the Exchange Control
Manual (ECM),
authorised dealers are required to furnish, half-yearly,
to Reserve Bank, a consolidated statement in form XOS
giving details of all export bills outstanding, beyond
the period prescribed for realisation i.e. due date
for payment or within 6 months from the date of shipment,
whichever is earlier, as at the end of June and December
every year. On a review, it has now been decided that
the authorised dealers should give details of only those
bills which remained unrealised beyond the period of
180 days from the date of shipment in the XOS statement
from the half-year ending 30th June 2000, onwards. However,
it may be noted that this relaxation does not presuppose
any amendment to the Rule 8 of the Foreign Exchange
Regulations Rules, 1974, which provides that the amount
representing the full export value of goods exported
shall be realised and be paid to the authorised dealer
on the due date for payment or within six months from
the date of shipment of the goods, whichever is earlier.
The authorised dealers should continue to treat the
export bills which remained unrealised and unpaid on
the due date of payment as outstanding export bills
for all purposes.
(2) Write-off of Unrealised Export Bills
In terms of Paragraph 6 C.14 (i)(b) of ECM the branch
of the authorised dealer
handling the relevant shipping document may allow requests
to write off unrealised portion of export bills subject,
inter alia, to the condition that the aggregate amount
of "'wfite off' durings the calendar year should
not exceed 5% of the total export proceeds realised
by the concerned exporter through its medium during
the previous calendar year. It has now been decided
that the aggregate amount of "write-off" allowed
by the authorised dealer at all branches put together
during a calendar year should not exceed 10% of the
total export proceeds realised by the exporter through
the concerned authorised dealer during the previous
calendar year.
(3) Gift Parcels
In terms of paragraph 6F. 1( i) of ECM the requirement
of declaration on GR/PP
forms is not applicable in respect of export in the
form of gift parcels, publicity materials, etc. sent
by air freight and post parcel and certified by the
authorised dealers, as not involving any transaction
in foreign exchange and the value of shipment not exceeding
Rs.25,000/-. On a review, the value limit for export
of such gift parcels, publicity materials, etc. has
been enhanced from Rs.25,000/- to Rs.1 lakh. All other
conditions referred to in the paragraph remain unchanged.
(4) Supply of goods by 100%
Export Oriented Units (EOUs)/ Units in Export Processing
Zones (EPZs)/Electronic Hardware Technology Parks (EHTPS)
and Software Technology Parks (STPS) to units in Domestic
Tariff Area (DTA) against payment in foreign exchange
In terms of paragraph 8C.9 of ECM, buyers in Domestic
Tariff Area (DTA) have
been allowed to make payment in free foreign exchange
for the supplies made to them by Export Oriented Units
(EOUs), units in Export Processing Zones (EPZs), Electronic
Hardware Technology Parks (EHTPS) and Software Technology
Parks (STPS) without prior permission of Reserve Bank
if the payments are sought to be made from the Exchange
Earners Foreign Currency (EEFC) accounts. On a review,
it has now been decided that authorised dealers may
also allow payment, by the buyers in DTA for the supplies
made to them by EOUS, units in EPZS, EHTPS, STPs in
free foreign exchange including funds held in their
EEFC accounts, subject to the conditions stipulated
in paragraph 8C.9 of the ECM.
(5) Discontinuation of STAT 2 statements
In terms of paragraph 13D.6 and 13D.8 of ECM authorised
dealers are required to submit to Reserve Bank annual
statement showing balances and securities held by them
in blocked accounts as on 3 1st March in Form STAT 2.
On a review it has been decided to discontinue the submission
of STAT 2 statement forthwith.
(6) The following consequential amendments may
be carried out in the Exchange Control Manual.
Volume I
(i) Paragraph 6C. 12(ii) may be replaced by Slip 1.
(ii) Paragraph 6C.14(i)(b) may be replaced by Slip 2.
(iii) In paragraph 6F.19(i)(c) the figure Rs.25, 000
may be changed to Rs.one lakh.
(iv) Paragraph 8C.9 may be replaced by Slip 3.
(v) The words "along with the annual statement
in STAT 2 regarding operation on blocked accounts (see
paragraph 13D.8)" appearing in the last two lines
of paragraph 13D.6 may be deleted.
(vi) Paragraph 13D.8 may be deleted.
Volume II
(vii) STAT 2 statement may be deleted along with its
entry in the Index to Appendix IV - Forms.
(7) Authorised dealers may bring the contents
of this circular to the notice of their concerned constituents.
(8) The directions contained in this circular
have been issued under Section 73(3) of the Foreign
Exchange Regulation Act, 1973 (46 of 1973) and any contravention
or non-observance thereof is subject to the penalties
prescribed under the Act.
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Supply
of goods by 100% Export Oriented Units (EOUs)/
Units in Export Processing Zones (EPZs), Electronic
Hardware Technology Parks (EHTPS) and Software
Technology Parks (STPs) to units in Domestic Tariff
Area (DTA) against payment in foreign exchange
8C.9
In terms of paragraph 9.10(b)
of Chapter 9 of Export and Import Policy (1997-2002)
supplies made in Domestic Tariff Area (DTA) by EOUs
and units in EPZS, EHTPs and STPs against payment in
foreign exchange shall be counted towards fulfillment
of the export obligation. Accordingly, concerned authorities
may permit EOUS, units in EPZS, EHTPs and STPs to sell
goods to buyers in DTA against payment in free foreign
exchange. Authorised dealers may allow the buyers in
DTA to make payment in free foreign exchange including
funds held in their Exchange Earners Foreign Currency
(EEFC) Accounts, without prior approval of the Reserve
Bank. Authorised dealers should ensure that the seller
EOUs, units in EPZs, EHTPs and STPs have been specifically
authorised by the concerned authority to sell their
goods in DTA and that the relative provisions of the
Export and Import Policy and the terms and conditions
of the permission granted by the concerned authority
have been fully complied with.
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