| Advance
Authorisation |
4.1.3 |
An Advance Authorisation is issued to allow
duty free import of inputs, which are physically
incorporated in export product (making normal
allowance for wastage). In addition, fuel, oil,
energy, catalysts which are consumed / utilised
to obtain export product, may also be allowed.
DGFT, by means of Public Notice, may exclude
any product(s) from purview of Advance Authorisation.
Duty free import of mandatory spares upto 10%
of CIF value of Authorisation which are required
to be exported / supplied with resultant product
are allowed under Advance Authorisation.
Advance Authorisations are issued for inputs
and export items given under SION. These can
also be issued on the basis of Adhoc norms or
self declared norms as per para 4.7 of HBP v1.
Advance Authorisation can be issued either
to a manufacturer exporter or merchant exporter
tied to supporting manufacturer(s) for:
i) Physical exports (including exports to SEZ);
and/ or
ii) Intermediate supplies; and /or
iii) supply of goods to the categories mentioned
in paragraph 8.2 (b), (c), (d), (e), (f), (g),
(i) and (j) of FTP ;
iv) supply of 'stores' on board of foreign going
vessel / aircraft subject to condition that
there is specific SION in respect of item(s)
supplied.
In addition, in respect of supply of goods
to specified projects mentioned in paragraph
8.2 (d), (e), (f), (g) and (j) of FTP, an Advance
Authorisation can also be availed by sub-contractor
to such project provided name of sub contractor(s)
appears in main contract.
Such Authorisation can also be issued for supplies
made to United Nations Organisations or under
Aid Programme of the United Nations or other
multilateral agencies and paid for in free foreign
exchange.
|
| |
4.1.4 |
Advance Authorisations
are exempted from payment of basic customs duty,
additional customs duty, education cess, antidumping
duty and safeguard duty, if any. However, imports
for supplies covered under paragraph 8.2 (h) &
(i) will not be exempted from payment of applicable
anti-dumping and safeguard duty, if any.
|
| |
4.1.5 |
Advance Authorisation
and / or materials imported thereunder will be
with actual user condition. It will not be transferable
even after completion of export obligation. However,
Authorisation holder will have option to dispose
off product manufactured out of duty free inputs
once export obligation is completed.
|
| |
4.1.6 |
Advance Authorisations necessitate exports
with a positive value addition. Exports to SEZ
Units / supplies to Developers / Codevelopers,
irrespective of currency of realization, would
also cover.
For physical exports for which payments are
not received in freely convertible currency,
same shall be subject to value addition as specified
in Appendix 11 of HBP v1.
In case of Authorisation for import of Tea,
minimum value addition under Advance Authorisation
shall be 100%.
Similarly, in case of spices {covered by Chapter
9 of ITC(HS)}, duty free import of spices shall
be permitted only for value addition purposes
like crushing / grinding / sterlization or for
manufacture of oils and oleoresins and not for
simple cleaning, grading, repacking etc. and
minimum value addition shall be 15%.
|
| |
4.1.7 |
Advance Authorisation shall be issued in accordance
with Policy and procedure in force on Authorisation
issue date.
Validity period of Advance Authorisation for
import shall be as prescribed in HBP v1.
|
| Free of Cost Supply
by Foreign Buyer |
4.1.8 |
Facility of Advance Authorisation shall also
be available where some or all inputs are supplied
free of cost to exporter by foreign buyer.
In such cases, for calculation of VA, notional
value of free of cost inputs along with value
of other duty-free inputs shall be taken into
consideration. However, if all inputs are supplied
free of cost, exporter shall also have option
to follow provision prescribed by DoR.
|
| Export Obligation |
4.1.9 |
Period for fulfillment
of export obligation under Advance Authorisation
shall be as prescribed in HBP v1.
|
| Provision for BIFR
units |
4.1.9 A |
Any firm / company registered with BIFR or
any firm / company acquiring a unit, which is
under BIFR shall be allowed Export Obligation
Period (EOP) extension as per rehabilitation
package prepared subject to approval of BIFR
or 5 years if not specified, without payment
of composition fee.
Above provisions apply also to SSI units as
per rehabilitation scheme of concerned State
government.
|
| Advance Authorisation
for Annual Requirement |
4.1.10 |
Advance Authorisation can also be issued for
annual requirement.
Status Certificate holder and all other categories
of exporters having past export performance
(in preceding two years) shall be entitled for
Advance Authorisation for annual requirement.
Entitlement in terms of CIF value of imports
shall be upto 300% of FOB value of physical
export and / or FOR value of deemed export in
preceding licensing year or Rs 1 crore, whichever
is higher.
|
| Advance Release Orders
(ARO) and Invalidation Letter |
4.1.11 |
Holder of Advance Authorisation, Advance Authorisation
for annual requirement, Diamond Imprest Authorisation
and Duty Free Import Authorisation intending
to source inputs from indigenous sources / State
Trading Enterprises in lieu of direct import
has option to source them either against Advance
Release Order (ARO) or Invalidation letter denominated
in free foreign exchange / Indian rupees. However,
supplies may be obtained against Authorisation
from EOU / EHTP / BTP / STP / SEZ units, without
conversion into ARO or Invalidation letter.
Transferee of DFIA shall also be eligible for
ARO / invalidation letter facility.
Validity period of ARO shall be as prescribed
in HBP v1.
|
| Back-to-Back Inland
Letter of Credit |
4.1.12 |
Holder of Advance
Authorisation, Advance Authorisation for annual
requirement, DFIA and Diamond Imprest Authorisation
may, instead of applying for an ARO or Invalidation
letter, avail of the facility of back-to-back
Inland Letter of Credit in accordance with procedure
specified in HBP v1.
|
| Prohibited Items |
4.1.13 |
Prohibited items of imports mentioned in ITC(HS)
shall not be imported under Advance Authorisation
/ DFIA. Further items reserved for imports by
STEs cannot be imported against Advance Authorisation
/ DFIA. However those items can be procured
from STEs against ARO or Invalidation letter.
STEs are also allowed to sell goods on High
Sea Sale basis to holders of Advance Authorisation
/ DFIA holder.
In addition, STEs are permitted to issue "No
Objection Certificate (NOC)" for import
by advance Authorisation / DFIA holder. Authorisation
Holder would be required to file Quarterly Returns
of imports effected against such NOC to concerned
STE and STE would submit half-yearly import
figures of such imports to concerned administrative
Department for monitoring with a copy endorsed
to DGFT.
Similarly prohibited items of exports mentioned
in ITC(HS) shall not be exported under Advance
Authorisation / DFIA scheme. Export of restricted
items shall be subject to all conditionalities
or requirements of export Authorisation or permission,
as may be required, under Schedule II of ITC
(HS).
|
| Admissibility of Drawback |
4.1.14 |
In case of an
Advance Authorisation, drawback shall be available
for any duty paid material, whether imported or
indigenous, used in goods exported, as per drawback
rate fixed by DoR, Ministry of Finance (Directorate
of Drawback). Drawback allowed shall be mentioned
in Authorisation.
|