(TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY PART-II-SECTION-3,SUB-SECTION (ii))
MINISTRY OF COMMERCE & INDUSTRY,
DEPARTMENT OF COMMERCE
NOTIFICATION NO- 5 (RE-2005)/2004-2009
S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) read with Paragraph 1.3 of the Foreign Trade Policy, 2004-2009 as amended from time to time, the Central Government hereby makes the following amendments :
1. Paragraph 4.1.3 is amended to read as under:
An Advance Licence is issued to allow duty free import of inputs, which are physically incorporated in the export product (making normal allowance for wastage). In addition, fuel, oil, energy, catalysts etc. which are consumed/utilised in the course of their use to obtain the export product, may also be allowed under the scheme. However the Director General of Foreign Trade, by means of a Public Notice, may in public interest exclude any product or products from the purview of Advance Licence.
Duty free import of mandatory spares upto 10% of the CIF value of the licence which are required to be exported/ supplied with the resultant product may also be allowed under Advance Licence.
Advance Licences are issued on the basis of the inputs and export items given under SION. However, they can also be issued on the basis of Adhoc norms or self declared norms as per para 4.7 of Handbook (Vo.I). Advance Licence can be issued either to a manufacturer exporter or merchant exporter tied to supporting manufacturer(s):
i) for Physical exports (including exports to SEZ); and/ or
ii) for Intermediate supplies; and /or
iii) to the main contractor for supply of goods to the categories mentioned in paragraph 8.2 (b), (c), (d), (e), (f), (g), (i) and (j) of the Policy;
for import of inputs required in the manufacture of goods.
In addition, in respect of supply of goods to specified projects mentioned in paragraph 8.2 (d), (e), (f), (g) and (j) of the Policy, an Advance Licence can also be availed by the sub-contractor of the main contractor to such project provided the name of the sub contractor(s) appears in the main contract.
Such licence can also be issued for supplies made to United Nations Organisations or under the Aid Programme of the United Nations or other multilateral agencies and paid for in free foreign exchange.
This issues in public interest.
( K.T. Chacko)
Director General of Foreign Trade
Ex-officio Addl. Secretary to the Govt. of India
(Issued from File No.01/89/180/00081AM99/PC-IV)