February 2 , 1999

A.D. (M.A. Series) Circular No.4

To

Dear Sirs,

Attention of authorised dealers is invited to paragraph 6A.3 of the Exchange Control Manual (ECM) regarding Export Declaration Forms, which have been prescribed in terms of Rule 5 of the Foreign Exchange Regulation Rules, 1974. On account of introduction of Electronic Data Interchange (EDI) system for processing shipping bills, etc. by the Customs authorities at certain Customs offices, it has been decided that in respect of electronically processed shipping bills for exports, the existing export declaration form, viz. GR form, specified under Rules, ibid, be replaced by a declaration in form SDF (viz. Statutory Declaration Form). The declaration in Form SDF shall be appended by the exporter to the shipping bill. Government of India, Ministry of Finance have, vide Notification No.G.S.R. 783(E) dated 23rd December, 1998 published in the Gazette of India No.519 dated 31st December 1998 (copy enclosed) have accordingly amended the Second Schedule and Rule 6 of the Foreign Exchange Regulation Rules, 1974.

2. As specified in the Rule 6, ibid, as amended, in the cases of specified Customs offices, where the specified categories of shipping bills are processed electronically, the declaration in Form SDF in respect of such shipping bills shall be submitted in duplicate to the concerned Commissioner of Customs. After verifying and authenticating the declaration Form SDF, the Commissioner of Customs shall hand over to the exporter, one copy of such shipping bill marked "Exchange Control Copy" in which form SDF had been appended for being submitted to the authorised dealer. For the purpose of the Rules, ibid, the Customs offices where the specified categories of shipping bills will be processed electronically, will be notified in Public Notice/s by the concerned Commissioner of Customs.

3. In view of the statutory provision relating to export declaration form as stated above, the authorised dealers should accept the Exchange Control (EC) Copy of the shipping bill and the Form SDF appended thereto, submitted by the exporter for collection/negotiation of shipping documents. The manner of disposal of SDF forms shall be the same as in the case of GR forms as detailed in paragraph 6B.1 of ECM. Within twenty-one days from the date of shipment of goods, exporter should lodge the Exchange Control Copy of the shipping bill with Form SDF appended thereto together with relative shipping documents and an extra copy of invoice with the authorised dealer named in the Form SDF. After the documents have been negotiated/sent for collection, the authorised dealer should report the transaction to Reserve Bank in statement ENC under cover of an appropriate R Return. The EC copy of the shipping bill together with a copy of the invoice shall be retained by the authorised dealer till full export proceeds have been realised and thereafter submitted to Reserve Bank duly certified in the enclosed format ( which should be attached to the EC copy of shipping bill) under the cover of appropriate R Return.

4. Wherever there is reference to the export declaration form in the ECM and circulars issued by Reserve Bank from time to time, the export declaration form shall be deemed to include form SDF.

5. It may be noted that in respect of all exports (otherwise than by post) which are not covered by specified categories of shipping bills at the specified Customs offices as indicated above, the exports will continue to be declared on GR forms as hitherto which will be disposed of/processed as per the existing procedure.

6. The amendment slip/s will be issued separately.

7. Authorised dealers may bring the contents of this circular to the notice of their constituents concerned.

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.

Yours faithfully,

Chief General Manager

G.S.R. 783(E), In exercise of the powers conferred by section 79 of Foreign Exchange Regulation Act, 1973 (46 of 1973), the Central Government hereby makes the following Rules further to amend the Foreign Exchange Regulation Rules, 1974, namely :-

1. These rules may be called the Foreign Exchange Regulation (Amendment) Rules, 1998.
2. They shall come into force on the date of their publication in the Official Gazette.

2. In the Foreign Exchange Regulation Rules, 1974, in rule 6, sub-rule (1), For clause (a), the following clauses shall be substituted, namely :-

1. In the case of specified customs offices, wherein the specified categories of Shipping Bills are processed electronically, the declaration Form SDF in respect of such Shipping Bills shall be submitted in duplicate to the Commissioner of Customs having jurisdiction over such specified customs offices. After duly verifying and authenticating the declaration Form SDF, the commissioner of Customs shall hand over to the exporter one copy of such Shipping Bill marked as 'Exchange Control Copy' in which declaration Form SDF had been appended for being submitted to the authorised dealer and order one copy of such Shipping Bill in which Form SDF had been appended, to be kept in records of the specified office.

(aa) In the case of custom offices, other than those specified custom offices, and in respect of Shipping Bills other than the specified categories of Shipping Bills the declaration form GR shall be submitted in duplicate to the Commissioner of Customs. After duly verifying and authenticating the declaration form, the Commissioner of Customs shall forward the original declaration form to the nearest office of the Reserve Bank and hand over the duplicate form to the exporter for being submitted to the authorised dealer.

Explanation - For the purposes of this sub-rule the expression,

1. 'specified custom office' means the office of the Commissioner of Customs specified by the Commissioner of Customs having jurisdiction to specify custom offices for the purpose of this sub-rule;
2. 'specified categories of Shipping Bills' means the categories of Shipping Bills processed electronically and specified by the Commissioner of Customs having jurisdiction to specify custom offices for the purpose of this sub-rule.

3. In the Second Schedule to the Foreign Exchange Regulation Rules, 1974,

1. against Part A, for the letters and words 'GR, PP and VP/COD forms', the letters and words 'GR, PP, VP/COD and SDF forms' shall be substituted;
2. under Part B, -

1. for serial number 1 and entries relating thereto, the following shall be substituted, namely :-

[No.1(II)/98-CIE(1)]
U. SARATCHANDRAN, Jt. Secy.

Note :- The principal rules published vide Notification No.GSR 80 dated 1^st January 1974, subsequently amended by GSR No. 663 dated 23^rd May 1975, GSR No. 659 (E) dated 18^th August 1983, GSR No. 776 (E) dated 27^th December 1993 and GSR No. 503 (E) dated 30^th October 1996.