REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No.
36]
NEW DELHI, TUESDAY, FEBRUARY 13, 1973/MAGHA 24, 1894
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF FOREIGN TRADE
PUBLIC NOTICE
IMPORT TRADE CONTROL
New Delhi, the 13th February 1973
SUBJECT.—Transfer of imports/exports
effected under Indo-Afahan
Trade
Arrange-
ment period 1971-72.
No. 25-ITC(PN)/73.—Attention is invited to Ministry of Foreign Trade Public
Notice No. 93-ITC(PN)/71 dated 31st July, 1971, and subsequent
Public
Notice
No. 10-ITC(PN)/72 dated 22nd January, 1972, and Public Notice No. 152-ITC(PN)/72
dated 25th October. 1972.
2. In terms of para 11 of the Public Notice No. 93-ITC(PN)/71. dated 31st July,
1971, facilities, were provided to the
"Approved
Importers" to make
'advance'
exports to Afghanistan. if they so desired.
"Approved Importers" were obliged to
ensure that the ratio
of
exports between traditional
and non-traditional items,
namely 75 per cent : 25 per cent was strictly adhered to while making 'advance'
exports.
These 'advance' exports were to be counter-balanced by imports of fresh
fruits by 30th November, 1972, vide Public Notice No. 152-ITC(PN)/72, dated 25th
'October, 1972.
3. "Approved Importers" who have either failed to effect 'advance' exports in the
required proportion of 75 per cent : 25 per cent as between traditional and non-
traditional items or, having made the advance exports in the required proportion,
failed to counter-balance their 'advance' exports by imports of fresh fruits, by the
crucial date, i.e. 30th November, 1972, are not eligible for issue of any C.C.P,
However, in order to achieve the counter-balancing of 'advance' exports, they will
be allowed to transfer their 'advance' exports, effected during 1971-72 period, to
(1931)
I 9 4
THE GAZETTE OF TND1A EXTRAORDINARY
LPART I—SEC- 1]
those parties who have imported fresh fruits from Afghanistan during March 1972-
February, 1973; and have necessary import balance to their credit. This facility
will not, however, absolve the concerned "Approved Importers" of the responsibility
of their 'advance' exports having a minimum proportion of 25 per cent in respect
of non-traditional goods. Therefore, in cases where the 'advance' exports were not
made by the "Approved Importers" in the required proportion of 75 per cent; 25 per
cent as between traditional and non-traditional goods, they may acquire, by transfer,
from an exporter, who has surplus exports to his credit in respect of goods of the
concerned category, i.e. traditional or non-traditional, as the case may b».
4. Transfers under paragraph 3 above will be subject to the following condi-
tions:—
(i) The transferee,* i.e. the exporter who made advance
exports during
1971-72/the exporter who transfers surplus exports to his credit shall
not be eligible to take into account the exports so transferred for any
benefit under the Indo-Afghan Trade Arrangement during the current
or future periods.
(ii) The prescribed export obligation during the current period, i.e. March
1972—February 1973. is 50 per cent: 50 per cent as between Schedule
B-I and B-II items. Therefore, without prejudice to whatever action
aa may be taken against the transferee in the event of his failure to
discharge his counter-export obligation In the aforesaid proportion i.e.
50 per cent : 50 per cent during the current period, this default sKall
also render the transferer exporter who had made the 'advance' exports
during 1971-72 Trade Arrangement period, liable to action under the
import/export control and foreign exchange orders, rules and regula-
tions.
5. In the case of Importers who had effected
imports of fresh
fruits from
AfKhanistan during 1971-72 trade arrangement period, the last date for fulfilment
of counter-export obligation in the required proportion (I.e. 75 per cent : 25 per cent
as between traditional and non-traditional items), expired on 31st July, 1972. Such
of the importers who had made exports equivalent to the total value of their
imports upto 31st July, 1972, but the proportion of their non-traditional exports was
less than the prescribed minimum of 25 per cent, will be allowed to transfer a part
of their exports of traditional goods to parties who have Imported fresh fruits from
Afghanistan during March 1972—February 1973 trade arrangement period; and who
have still to make their counter-balancing exports.
Such transfers will result In
creating an. import balance with the transferers against which they should acquire,
by transfer, the export of non-trtidltlonal goods from other exportera who bav<t
necessary surplus to their credit, so as to make up the shortfall in the exports of
non-traditional goods. The transfer will be subject to the following conditions: —
(I) The transferers, i.e. the "Approved Importer" who made Imports of fresh
current period, i.e. March 1972—February 1973, Is 50 per cent: 50 per
exports of traditional goods/the exporter, who transfers his surplus
exports of non-traditional goods, will not be eligible to take into
account the exports so transferred for any benefit under the Indo-
Afghan Trade arrangement during the current or future periods.
(ii) The prescribed export obiligatlon under the trad9 arrangement for the
current period, i.e. March 1972—February 1973, Is 50 per cent: 50 per
cent as between Schedule B-I and B-II items. The eligible exporters
for the current trade arrangement year, who transfer their n°n-tradi-
tional exports, and the eligible Importers for the current trade arrange-
ment year, who acquire exports of traditional goods
under these
arrangements, shall not be absolved of their obligations to counter-
balance their imports by exports upto the required proportion of 50 per
cent : 50 per cent, in the event of .their failure to discharge their
export obligation in the aforesaid proportion, i.e. 50 per cent : 50 per
cent during the current period, both transferee and the transferer shall
be liable to action under the import/export control and foreign exchange
orders, rules and regulations,
6. Transfers under this Public Notice will be allowed only upto 28th of February
1973 failing which the defaulters will be liable to action under import/export con-
trol and foreign exchange orders, rules and regulations,
TTOJ' lt ^ ^ o b e <Jarifled that in case tho transfers are completed before 28th
February 1973 and the export obligation in respect of the current period, i.e. March,
[PART I—SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
^ 5
]972—February, 1973, has been fulfilled in the required proportion (i.e. 50 per cent:
50 per cent as between Schedule B-I and B-II items) before 28th February. 1973,
there will be no bar to the concerned approved importers applying for issue of
L.C.Ps. during the current period, if otherwise eligible.
K. S. NARANG,
Chief Controller of Imports & Exports.
