Procedures to apply for End user certificate
This posts explains about the procedures to obtain END USER CERTIFICATE to claim various export benefits from government agencies of India.
Foreign Trade Policy of India 2015-20 explains about End user Certificate as below:
“In case of import of any freely importable item in India, if a foreign Government insists on certification of end user of the item, before permitting export of the same from their country, RA may issue such certificates as per Appendix 2Q of Appendices and AayatNiryat Forms. The certificate shall be issued based on application made under ANF 2 J along with documents prescribed therein.”
The details of End user Certificate has been mentioned in Appendix 2Q of Foreign Trade Policy of India 2015-20. The extract of END USER CERTIFICATE is given below:
APPENDIX - 2 Q
FORMAT OF END USER CERTIFICATE UNDER PARA 2.38 OF HBP
No.DGFT ......... /2015-
GOVERNMENT OF INDIA
IMPORT CERTIFICATE
1. Exporter (Name & Address)
2. Importer (Name & Address)
Description of Goods
Quantity
Value
It is certified that the importer named above has undertaken:
- To import the item into India and not to redirect it or any part of it, to another destination before its arrival in India.
- To provide, if asked, verification that possession of the item was taken.
- Not to re-export the item without the written approval of the Certificate Issuing Authority.
- Not to retransfer within India the item(s) specified in this Certificate without the written approval of the Certificate Issuing Authority.
- To obtain permission in writing from the Certificate Issuing Authority prior to any change in end-user which shall be preceded by the new end-user notifying the Certificate Issuing Authority that he/she agrees to the conditions contained in this document.
Date .................... Signature............................................
Designation........................................
Note:
This import certificate is not a substitute for import Licence in respect of the items mentioned as restricted under ITC(HS) and an import licence, in addition to this Certificate, will have to be obtained wherever required for such items
Official Seal
The Details of application for END USER CERTIFICATE has been mentioned in ANF 2J of Foreign Trade Policy of India 2015-20. The extract of the same application for End user Certificate is given below:
ANF- 2J
Application Form for End User Certificate under Para 2.38 of the HBP
(Please see guidelines at the end before filling the application)
1. IEC Number:
2. Applicant Details :
i. Name
ii. Address
3. Application Submission Details (in case of electronically submitted applications):
i. ECOM Reference Number
ii. Date of Submission on Server
iii. Submitted to which Regional Authority
iv. File Number
v. Date of Issue
4. Application Fee Details:
Amount (Rs)
Demand Draft/Bank Receipt/Electronic Fund Transfer No
Date of Issue
Name of the Bank and its Branch on which DD drawn
5. Exporter Details:
i. Name
ii. Address
6. Items of Import for which end user Certificate is required
S No
Item details
ITC(HS) Code
Quantity
CIF Value (Rs)
Whether capital good or raw material
7. Purpose of Import:
a. If required for Manufacture please furnish:
i. IL / SIA / DGTD / SSI registration number
ii. End Product as given in registration certificate
iii. Actual items of manufacture
b. If required for Research & Development, please furnish:
i. Registration details with Department of Science & technology
ii. Validity of Registration
iii. Specific project for which items required
c. If required for Other Actual Users (Non Industrial), please furnish:
i. Registration Certificate details
ii. Permission details of local/municipal body
8. i. Whether the items of import are under Restricted List of ITC(HS) Yes/No
ii. File number of application submitted to Regional authority for Import Licence
9. Address of the factory / premises where the items to be imported are proposed to be used
DECLARATION / UNDERTAKING
1
.
I/We hereby certify that :
A. the entity for whom the application has been made have not been penalized under any of the following Acts (as amended from time to time):
a. The Customs Act, 1962,
b. The Central Excise Act 1944,
c. Foreign Trade (Development & Regulation) Act 1992, and
d. The Foreign Exchange Management Act,1999;
e. The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974
B. none of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUF/Trust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT;
C. neither the Registered Office of the company / Head Office of the firm / nor any of its Branch Office(s)/ Unit(s)/ Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import / export under any of the provisions of the Policy;
D. we have not obtained nor applied for issuance of an Importer Exporter Code Number in the name of our Registered / Head Office to any other Licensing Authority
2
I/We undertake to abide by the provisions of the Foreign Trade (Development and Regulation) Act, 1992, as amended from time to time, the Rules and Orders framed there under, the Foreign Trade Policy, the Handbook of Procedures and the ITC (HS) Classification of Export & Import Items.
3.
I/We fully understand that if any information furnished in the application is found incorrect or false will render me/us liable for any penal action or other consequences as may be prescribed in law or otherwise warranted.
4.
I/We hereby declare that the particulars and the statements made in this application are true and correct to the best of my/our knowledge and belief and nothing has been concealed or withheld therefrom.
5.
I / We hereby declare that I / We have not obtained nor applied for such benefits (including issuance of an Importer Exporter Code Number) in the name of our Registered / Head Office or any of our Branch(s) / Unit(s) / Division(s) to any other Regional Authority.
6.
I / We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) and that the item(s) exported / proposed to be exported does not fall within this list and that I / We agree to abide by the provisions of FTP for export of SCOMET items contained in the FTP, Schedule 2 of ITC (HS) and the HBP v1, irrespective of the scheme under which the item is exported / proposed to be exported.
7.
I / We solemnly declare that I / We have applied for / obtained a RCMC to the EPC which pertains to our main line of business. In case we have applied to any other council, the application has been made within the purview of the provisions of Para 2.94 of the HBP.
8.
I _________________ (Name of the Organization), a Government entity/Government controlled entity/ private sector entity (Delete whichever is not applicable) hereby undertake
(i) To import the item into India and not to redirect it or any part of it, to another destination before its arrival in India;
(ii) To provide, if asked, verification that possession of item was taken;
(iii) Not to re-export the item without any written approval of Certificate Issuing Authority;
(iv) Not to retransfer within India the item(s) specified in this certificate without the written approval of the Certificate Issuing Authority;
(v) To obtain permission in writing from the Certificate Issuing Authority prior to any change in end-user which shall be preceded by the new end-user notifying the Certificate Issuing Authority that he/she agrees to the conditions contained in this document;
(vi) The items being imported will/will not be integrated into Indian end-products to be exported.
9
I hereby certify that I am authorized to verify and sign this declaration as per Paragraph 9.06 of the Foreign Trade Policy.
Place Signature of the Applicant
Date Name
Designation
Official Address
Telephone
Residential Address
Email Address
GUIDELINES FOR APPLICANTS
Please see paragraph 2.38 of HBP
1. Two copies of the application must be submitted unless otherwise mentioned.
2. Each individual page of the application has to be signed by the applicant.
3. a.) ANF 1 has to be filed in by all applicants. In case of applications submitted electronically, hard copy of ANF1 is not required. However, in case where applications are submitted otherwise, hard copy of ANF 1 has to be submitted.
b.) Only relevant portions of Application need to be filled in.
4. Application must be accompanied by documents as per details given below:
a) Bank Receipt (in duplicate)/Demand Draft/EFT details evidencing payment of application fee in terms of Appendix 2K.
b) Self certified copy of letter from foreign supplier in support of request for end user Certificate.
c) Requisite certificate from a Chartered Engineer certifying that goods proposed to be imported are required by the manufacturing unit for its own use.
This posts explains about the procedures to obtain END USER CERTIFICATE to claim various export benefits from government agencies of India. Do you wish to add more information about procedures and formalities to obtain End User Certificate?
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