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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No, 274] NEW DELHI, FRIDAY, NOVEMBER 16, 1973/KARTIKA 25, 1895

Separate Paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF COMMERCE

PUBLIC NOTICE

IMPORT TRADE CONTROL

New Delhi, the 16th November 1973

SUBJECT.—Import of (i) Asafoetida (Hing), S. No. 31(b)/V, (ii) Cumin seeds (S. No. 31/IV) and (iii) Medicinal herbs (S. No. 87-109/IV) from Afghanistan and counter export of goods from India, under Indo-Afghan Trade Arrangement, 1973-74 (1st March,1973 to 28th February, 1974).

No 194-ITC(PN)/73 Introductory,—Attention is Invited to paragraph 3 of the Ministry of Commerce Public Notice No. 129-ITC(PN)/73, dated 8th August, 1973, wherein it was stated that the policy for import of asafoetida, cumin seeds and medicinal herbs, inter alia, from Afghanistan will be announced later. The details of policy and procedure for import of asafoetida, cumin seeds and medicinal herbs are incorporated in this Public Notice.

2 General Trade Arrangement.—The General Trade Arrangement between India and Afghanistan signed on the 2()th February, 1972, is reproduced in Annexurc I.

3 Applications for import of asafoetida, cumin seeds and medicinal herbs from Afghanistan and for the export of the commodities detailed in Schedule B-I and Schedule B-II from India, (Vide Annexvre II), will be considered in accordance With the provisions made in this Public Notice, from the following —

(i) "Approved importers" under the previous Trade Arrangements; and

(ii) "Others".

(1627)

4. Definition of "Approved Importers".—The "Approved Importers" are those:

(i) who have participated in the Indo-Afghan Trade in these commodities during the lour years ending 30th June, 1950 and are already registered as such; and

(ii) the Afghan Government's nominee firms already registered as "approved Importers".

5. Definition of "others".—"Others" (not being "Approved Importers") are those who are resident In India, have the requisite financial capacity of transacting the business as certified by a scheduled bank in India, and are dealers in Items other than hides and skins, listed in Schedule A, B-I or B-II, vide Annexure II to this Public Notice, and

(i) are citizens of India, if they are (.a) individuals or (b) kartas of Hindu undivided family In respect of Family business,

OR

(li) are an Indian Company

OR

(lii) have the control and management of their affairs situated wholly in India if they are a Ilrm, a limited company or an association

OR

(iv) are a cooperative society registered under the Cooperative Societies Act.

6. Persons ineligible to participate.—Partners/Directors/Proprietors and his/her wife/husband or dependent relations (including unmarried children) of "approved importer(s)" and "other(s)", as defined in para 4 and 5 above, will not, however, be permitted to participate in the fndo-Afghan Trade. For this purpose the appli- cants are required to furnish alongwith the applications, an undertaking, on a stamped paper, to the licensing authority concerned as follows:

"I/We hereby declare that neither of the partners/directors/proprietors of the firm/company, or his/her wife/husband, dependent relations or unmarried children, have submitted or will submit an application for CCP under this Public Notice for import of asafoetida, cumin seeds and medicinal herbs from Afghanistan,

Signature

Status of the (i) Deponent

(Ii) Applicant firm "

participate¹¹-"' ^ f O l l O w i l'e c a t e£o r les of persons will also not be permitted to

(i) Those who have been dcrgistered from the list of "Approved Importers' under the previous Trade Arranasemnts. (However, those "approved importers" who have remained dormant for a period of four years and have been de-registered in terms oi: Public Notice No 240-ITC(PN)/68 dated 4th November, 1968 will be allowed to participate if thev are otherwise eligible In terms of this Public Notice);

(ii) those who stand debarred from receiving import or export licences or release orders under the Import/Export Trade Control rules and regulations;

(lii) those whose counter-balancing obligations In respect of imports from and exports to Afghanistan during the preceding years remains unfulfilled; NOTE.—For those, who participated in the Indo-Afghan Trade Arrangement March 1972—February, 1973 the last date for fulfilment of counter- export obligation which was previously extended upto 31st August 1973, [vide Public Notice No. 93-ITC(PN)/73, dated 12th .June 19731* has now been extended upto 30th November 1973 vide Public Notice No. H5-ITC(PN)/73, dated 4th September, 1973. Even during this extended period also, namely, from 1st September, 1973 to 30th Novem- ber, 1973, no fresh CCP would bo issued to the concerned importers, unless they have completed their export obligation in full and in the prescribed proportion as between Schedule B-I and B-II items, in respect of imports made by them during the Indo-Afghanlstan trade arrangement period March 1972—February, 1973,

(iv) Those who have not attained the a"e of cifiiitcon y.ars (as on the date of this Public Notice).

7. Licensing Authorities.—The importers are required to submit their appli- cations lor miiial C^Ps to the rest's.'live licensing authority, on ur oeforo the 15th December, lwv;!, according to the juii^i^ivtion shown below: —

License Authors Impor^^Zed in

Joint Chief Controller ol Imports Maharashtra, Gujarat, NewKandla and Exports, New CGO Building, New Goa, Daman, Dili, Dadra & Nagar Marine Lines, Churchfiate, Bombay. Havell, iviudh.ya Pradesh, Andhra Tamil Nadu. Pondlcherry,' Karailkal,' Mahe, Yanam, Mysore, Kerala, Lacca- Dive. Minicov and Amindlve Island,

Joint Chiel Controller of Imports Delhi, Rajasthan, U.F., Bihar, West and Exports, Central Licensing Area, Bengal, Andaman & Nlcobar Islands Indraprastha Bhavan, Indraprastha Orrissa, Assam, Nafialand, Mghalaya ' Estate, New Delhi. Trlpura, Arunachal, Manipur, Mizo-'

ram.

Controller of Imports and Exports, Punjab, Haryana, Chandigarh Central Revenue Building, The Mall. Himachal Pradesh, Jammu & Amritsar. Kashmir.

NOTE.—Only the Head office of an applicant firm will be permitted to apply on behalf of itself and all its branches, and the jurisdiction will depend upon the location ol the Head Office,

8. Documents to be furnished.—Subject to the provisions of the Import Trade Control Hana Hook of Rules and Procedures, 1973-74, and paragraph 11 below, the importers should apply for CCPs in the prescribed form and manner Indicating, inter aUa, the c.i.l. value of, goods together with Treasury Receipt showing payment of application fees and documents of past imports (vide Paragiaph 27) relating to the best year's imports in the prescribed basic period in respect of the specific goods applied for. Applications should be submitted complete in all respects along with the prescribed documents and the appllcats should also quote their valid I.V.C. Registration/Exemption—'Number. Incomplete applications are liable to be rejected.

p. Invoices to be produced to the cutoms authorities.—The invoice(s) relating to imports should be produced in duplicate to the customs authorities at the time of clearance of the goods and it should indicate clearly the quantity, the rate, total f.o.b. value, freight, insurance and total c.i.f. value of the goods imported. CCP (s) should be obtained before the goods are despatched from Afghanistan. If any imports are made without a valid CCP, such imports will be treated as unauthorised imports and dealt with accordingly under the Import Trade Control/ Customs rules and regulations.

10. Counter-balancing trade.—Trade with Afghanistan in respect of asafoetida, cumin seeds and medicinal herbs and Schedule 'B-I' and 'B-II' items shall be subject to the counter-balancing arrangement. The eligible participants can start the trade cycle either with import of cumin seeds and medicinal herbs or with export, in accordance with the procedures laid down in this Public Notice.

U. Import of asafoetida must comply with banking procedures.—Import of asafoe- tida will he permitted only if it complies with the banking procedures agreed to by the Governments of India and Afghanistan and referred in paragraphs 14, 17, 20 to 24.

12. 'Import first¹ Scheme.—Subject to paragraphs 14, 17 and 20 to 24, those who intend to start with imports from Afghanistan should apply for CCPs for the import of asafoetida, cumin seeds and medicinal herbs as indicated below; —

(a) "Approved Importers".—In the case of "Approved Importers", appli- cations will be considered from those having past imports of asafoetida, cumin seeds or medicinal herbs from Afghanistan during anv of the five years namely February, 1966—January, 1967 or August, 1966— July 196V, August, 1967—July, 196B, August, 1968—July, 1969, August 196fl—July. 1970 and August, 1970—July, 1971.

NOTE.—If an "approved importer" finds it more advantageous to claim a CCP in the category of "others", he can do so provided he does not claim a CCP as an "approved importer". In such an event, the applicant will be required to produce a bank certificate in the prescribed proforma as also a bank guarantee equivalent to fifty per cent o[ the value of imports in order to ensure counter-balancing exports as required from applicants falling in the category of "others". Such an applicant will not be eligible to apply as an "approved importer" until after he has fully discharged his counter-balancing export obligation against the CCP obtained by him In the category of "others".

(b) "Others" to be extent of Rs, 25,000 (Rupees twenty five thousand only) subject to the production of a bank guarantee equivalent to fifty per cent of the value applied for in order to ensure counter-balancing exports. In addition, they are also required to furnish the following certificates: —

(i) A certificate from a Chartered Accountant to the effect, that they had an Internal turnover of Rs, 25,000 (Rupees twenty five thousand) during any one of the financial years, i.e. 1967-68, 1968-69, 1969-70, 1070-71 and 1971-72 In the goods, other than hides and skins, listed In Schedule A, B-I or B-II of Annexure II to this Public Notice.

(li) A certificate from a scheduled bank in the following proforma: —

BANK CERTIFICATE

Issue No

Date

This is to certify that M/s , are banking with us. They enjoy good reputation, They have applied for the grant oi Q L-Uf/ approval of EP of the value of Rs (Rupees • .-.-•• • • . .. • • • • • •>• They are dealers in and in our judgment, they have the financial capability of transacting this business and payment of customs duties,

Signature and Stamp of the

Officer authorised by the Bank.

NOTE—(i) It may be clarified that the maximum entitlement of Rs. 25,000 ' refers to any or all the three Items put together. In other words the Importers will not be eligible to separate CCPs for the three Items In question for Rs. 25,000 each.

(11) No applicant will be granted a CCP for the same item, under more than one category i.e. he can apply either under (a) or under (b) above.

13 Computation of past imoorta. It may be clarified that for computing past

duty), will be taken into account.

o, ti^npfi th-it the period allowed for completion of the

(3) Importers are cautioned that ui^ 9™ d circumstances. The u^h e* a re ln the position to dis- Ut h ia Public Notice, within the

Q l !

counter-export obligation will not be ^ °d™a t traders should, in their own ^C T^ *' e^ fr f^a l charge their counter-export ^ f ^ J ^ ^ a t io for items ln Schedule B-I and i ^ r V M S * ' ^ ^ ? ^ ^^ CCP. In the event of their failure,

for whatsoever reason, to fulfil the conditions subject to which the CCPs are granted to them, they will render themselves ineligible to receive anv further C CP anart ™ aw£ ott}eT ^UZn t h aUm ay be t a k en u n d er t he JmBorts and Exports' Trade Control/Foreign Exchange Orders, rules and regulations.

15. Further CCP to be issued on completion of 80 per export obligation — An importer will be eligible to apply for a fresh CCP as soon as he completes his counter-export obligation (in the required proportion) to the extent of 80 oer rent of the value of his earlier CCP. This, however, does not absolve him from his counter-export obligation equal to 100 per cent of the value of imports being ful- filled as indicated in para 14 above; and this counter-export obligation'is required to be fulfilled withm a period of six months or 28th February, 1974 whichever Is earlier.

16. E.P. Form* to be approved by the Reserve Bank.—E.P. forms covering counter-exports to Afghanistan will be approved by the Reserve Bank of India if they are otherwise in order.

17. 'Export First' Scheme.—(l) The "Export First" Scheme is not applicable to a&afoetlda, CCPs for import of asafoctida would be granted under the "Import First" Scheme only to the "Approved Importers" and "Others", as denned In para 4 and 5 of this Public Notice, who hrive complied with the banking procedure referred In paragraph 20. It may also be clarified, that asafoetida will not be allowed to be imported for the purpose of fulfilment of counter-import obligation under the "Export First' Scheme,

(2) Eligible applicants for cumin seeds and medicinal herbs, who have past exports to Afghanistan of Schedule "B-I" and "B-II" items to their credit and intend to start with exports to Afghanistan will be required to approach the (Reserve Bant of India for approval of E.P. forms. The E.P. forms for exports of Schedule B-I and B-II Items wll] be approved by the Reserve Bank of India upto 25 per cent of the value of the applicant's best years' actual exports to Afghanistan made in any of the five years, namely February, 1966—January, 1967 or August, 1966—July, 1967. August, 1967—July, I960. August, 1968—July, 1969, August, 1969—July, 1970 and August, 1970—July, 1971 or upto the value of Rs. 25.000 (Rupees twenty five thousand only). Such approval will be given only in cases, where the value of schedule B-lf items is not less than 50 per cent of the total value of exports to be made.

18. Counter-Imports; against exports.—(1) forms covering exports to Afghanistan will be approved subject to the condition that the exporter shall import cumin seeds and or medicinal herbs from Afghanistan of a value equal to the value of exports, within a nerlod of six months from the date of export or upto 28th February, 1074, whichever is earlier. The exporter will be required to execute a bank guarantee equal to 50 per cent of the value for which the E.P, forms has been approved for the fulfilment of the counter-import obligation.

(2) Exporters are cautioned that the period allowed for completion of counter- import obligation will not be extended under any circumstances, The traders should In their own interest ensure that they are in the position to discharge their counter-import obligation In terms of this Public Notice, within the prescribed time limit, h°forc they apply and get their E.P. form approved, In the event of their failure for whatsoever reason, to fulfill the conditions subject to which E.P. forms covering exports to Afghanistan were approved by the Reserve Bank of India they will render themselves ineligible for participation in the Indo-Afghan trade' apart from any other action that may be taken under the Imports and the Exports Trade Control/Foreign Exchange, orders, rules and regulations.

1H Further EP Forms on completion of 80 per cent Import obligation.—An exporter will be eligible to apply for approval of further EP. forms *<>r exports' as soon as he completes his counter-import obligation in respect of earlier E.P. forms" to-the extent of B0 per cent. This, however, does not absolve htm from his counter-import obligation eaual to 100 per cent of the value of exports being ful- filled as indicated In para 18 above; and this counter-Import obhefition Is required to be fulfilled within a period of fix months or 26th February, 1974, whichever is earlier.

20 Procedure for remittances In respect of Imports of asafoetida and exports

there g a i n s t- (^ In the case of imports of asafoetida, payments by the importers should be mpde through the Social Non-Resident Rune^ Account stvled as 'Da Afghanistan Mark's Social Non-Resident Rupee Account" opened by the Da I gntn s a" Bank, Kabul, with the State Bank of India, Parliament Street,

New Delhi. Payment for counter-balancing exports will also be received bv the exporters in India from the aforesaid Account. The documents viz. invoices'*bills of exchange, transit certificates, etc. pertaining to imports of asafoetida from Afghanistan and for the proscribed counter-balancing exports from India should be routed through the Da Afghanistan Bank, Kabul, and the State Bank of India, Parliament Street, New Delhi. If any further details about the banking procedure agreed to between the two Governments are desired, these may be obtained from the State Bank of India, Parliament Street, New Delhi.

(2) The trade is cautioned that any import of asafoetida from Afghanistan, which does not strictly comply with the banking procedures would be treated as unauthorised and dealt with as such. Such importers will render themselves ineligible for participation in the Indo-Afghan trade apart from any other action that may be taken under the Import and Export Trade Control and Foreign Exchange orders, rules and regulations.

21. Asafoetidia and Cumin seeds to conform to prescribed standards.—Attention of the importers of asafoetida and cumin seeds is invited to the Prevention of Food Adulteration Rules and, in their own interest, they are advised to ensure that asafoetida and cumin seeds imported from Afghanistan conform to the specifica- tion prescribed under the aforesaid rules.

22. Documents to be produced to the Customs authorltles.^-Besides other documents required to be produced to the Customs authorities at the time of clearance of goods, as laid down in this Public Notice, the importers of aaafoetlda shall also have to produce necessary evidence viz. Exchantfe Control Copy of the CCP, against which the import is made, and/or a certificate from the negotiating bank, to show that payment In respect of the imported asafoetida has been duly channelised through the designated banks in accordance with the paragraph 20 of this Public Notice. The Customs authorities will allow clearance of imported asafoetida, if otherwise in order, only on production of these documents.

23. Value of Imported asafoetida will be the value as declared In the supplier's Invoice.—The value of the imported asafoetida for the purpose of debit to the CCPs and for remittance to- the supplier, through the bank, as also for the purpose of determining counter-balancing exports in respect of such imports, will be the valup as declared In the supplier's invoice and appearing in the Bill of Exchange.

24. Bonds with Bank Guarantees to bo furnished to the licensing authorities.

Bands with bank guarantee in fulfilment of countor-iniport/export obligation ns referred to In paragraph 12 and 1R above shall be furnished to the licensing authorities mentioned in paragraph 7, who will watch performance and enforce the guarantee. It may be clarified that in cases where bank guarantee is required, the importer/exporter will have to furnish the samp In respect of each application for the grant of CCP for import or for the approval of each E.P. form for exports, as the case may be. In the event of the party's failure to discharge the rounter- obligation within the stipulated period and to furnish documentary evidence in support thereof, ihe amount of bank guarantee will be liable to forefeiture, without preiudice to any other action that may hi* taken in this behalf, Including disquali- fication from -participating- ;n the Indn-Afffhan tradf in future-. The documentary evidence to be produced in support of fulfilment of counter-obligation will be thf same as indicated In paraer^nh :>7 below. Tn addition the importers/eyporlers will be reoulred tn submit information month] v in respect of imports /exports and the counter-balancing obligations fulfilled by them In the enclosed uroforma (Annevure TTT> "n as to reach the licensing authorities concerned by the 7th of the succeeding month.

25. Specimens of Bond /Bank Guarantee Forms.—The specimens of the bond/ bank guarantee forms to be furnished by importers /exporters are uiven in Annexure IV and V respectively. It may be noted that the bond has to be counter- signed by a scheduled bank as -¹ sureiv in to^en of their undertaking to nay HIP guaranteed amount to th? llrensinc authority in the event nf default on the part of the importer/exporter. Tbp b^nd form must be signed bv an officer duly authorised bv the bank In this behalf. It may also be noted lhat bonds are to be furnished on a stamp naper or on a plain "paper affixed with special pshesivft stamns of the appropriate value, and impressed with the dating machine, by a proper officer,

deTlre, to obtain the 'export performance guarantee¹*, on their behalf, from the E.C.G.C (Export Credit and Guarantee Corporation of India, Express Towers (10th floor) Narimon Point, Bombay-1.

27. Documentary evidence to be produced.—The following documents will constitute documentary evidence to be furnished in support of imports and exports:—>

Imports: Triplicate copy of the Customs Bill of Entry and the relevant invoices attested by Customs, and, in case the transaction has been carried through banking channels, bank memos.

Exports: Shipping bills duly certified by the Customs and Invoices duly certified by the Customs, which should indicate the value and other details of Schedule 'B-I' and 'B-II' products actually exported.

28. Validity of C.C.Ps. The CCPs issued in terms of this Public Notice will be valid for three months from the date of issue, or upto 28th February, 1974, which- ever is earlier.

20. Distribution of C.C.Ps.—The Customs authorities lwll send the 'Customs' copy of CCP to the concerned licensing authority direct, indicating the actual utilisation of the quantity and the* value covered by each C.C.P. in tho prescribed form on the reverse of the permit, Tho second copy will, as the present, be handed bank to the importer to be furnished to Reserve Bank of India, duly stamped and signed,

30. Distribution of Transit Certificates.—The imports while presenting the CCP to the Customs authorities concerned will produce five copies of the Transit Certi- ficates issued by tho Afghan Government. One copy of the transit certificate will be retained by the Customs, the second copy will be forwarded to the Reserve Bank of India, and the third and the fourth obpies will be sent by them to the Office of the Chief Controller of Imports and Exports, New Delhi, for onward transmission to the Afghan Government and Indian Embassv in Kabul. The fifth copy is to be forwarded by the Customs authorities to the licensing: authority concerned,

31. Imports to be made on outricht purchase basis.—Imports and Exports bet- ween India and Afghanistan will take place only on outright purchase basis.

32. Method of valuation for counter-exports to Afghanistan.—The following will be the method of valuation of cumin seeds and medicinal herbs for determining the value of counter-exports to bo made from India to Afghanistan during the current Trade Arrangement period

Cumin seeds and medicinal herbs should be valued on the basis of the value as accepted be determined by the Indian Customs on scrutiny of sale invoices. The value of counter-exports should be equal to the value of imports as determined in the manner indicated above, As regards the method of valuation of asafoetida, attention is invited to para 23 of this Public Notice,

33. Manner of payment.—Payment for cumin seeds and medicinal herbs im- ported from Afghanistan and export of Scheduled 'B—-I' and 'B—II' goods to that country under this Public Notice will be made, in accordance with the E.P. Proce- dures prescribed by the Reserve Bank of India. As regards the mode of payment against Import of asafoetida, attention is invited to para 20 of this Public Notice. Payments for imports and exports of commodities not covered by Schedule 'A', 'B-I' and 'B-II' (i.e. Schedule 'C' items) shall be made by establishing Letters of credit in transferable U.S. Dollars or Pounds Sterling.

34. Production of Landing Certificate.—Import and export of goods from and to Afghanistan will be permitted subject to the condition that in respect of export of Schedule B—I items -

*The 'Export Performance Guarantee' has been evolved by ECGC, to help importers/exporters to secure, on easier terms, bank guarantees they have lo furnish in course of their import/export business. For giving the guarantee the bank require the exporters to deposit varying amounts of cash, depending on their standing To the extent they have to make a cash deposit, their resource* nrc blocked This guarantee seeks to help th" importers/exnorters to obtain the bank l-uarantee without making any rash deposit, or against a reduced manng of deposit.

1 6 34

T HE G A Z E T TE OF

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days of despatch of the goods, in case they are sent bv air, and within 60 days of despatch of the poods in case they arc sent by sea/land route. Failure to produce the requisite landing certified will render the exporter/importer concerned liable to penal action, under the Tmports and the Exports Trade Control/Foreign Exchange rules and regulations.

35. (1) No diversion to third countries.—It is agreed between the two Govern- ments that the goods imported by either country from the other would be used only for consumption in the country of import. Serious notice will be taken of cases where goods Imported from or exported to Afghanistan are diverted to a thirdcountry,

(2) Exporters of Schedule 'B-T' commodities sh;ill also have to produce cer- tificates of clearance through Afghanistan Customs as indicated in paragraph 34. For this purpose, a photostat copy or a certified copv of the document showing clearance through Afghanistan Customs shall be produced by the exporter to the Indian Customs authorities, as indicated in paragraph 34.

36. Trade should desist from abusing the system, Maintenance of reasonable prices.—Trade Is advised to ensure that the existing system Is used In the interest Of consumers/producers in India and Afghanistan and that the Trade ^Arrangement se- cures the common objectives of healthy growth and diversification of trade between the two countries. They should also ensure lhaf reasonable trices are charged and efficient after sales-service is maintained wherever necessary. Appropriate penal action will be taken If the trade arrangement is used to the disadvantage of pro- ducers and the healthy growth and diversification of trade between the two coun- trlee.

ANNEXURE I

Indo Afghan Trade Arrangement for 1972-73

A delegation from Afghanistan led by H.E. Mr. M. Aref Ghaussi, Minister of Commerce. Royal Afghan Government and a delegation from India led by Shri L. D. Mlshra, Minister of Foreign Trade, Government of India, held trade talks in New Delhi from February 18 to February 20, 1972.

2. The two delegations reviewed the working of Indo-Afpban trade In all its aspects during the preceding three years and discussed the Trade Arrangement for 1972-73. They noted that progress towards diversification of trade has been limited. The two delegations reaffirmed their resolve to promote, develon and diversify trade between India and Afghanistan to mutual advantage to eliminate concentration of Trade and to remove difficulties that have arisen in the existing system.

3. The Government of India and the Royal Government of Afghanistan agreed that they would provide facilities for setting up a nlant in Afghanistan through Joint venture for the production of extracts of medicinal herbs and plants grown In Afghanistan. India offered to make use of these extrpcts for its own pharma- ceutical industry for a period of twenty vears. Afghanistan expressed Itg desire to purchase medical and surgical instruments and other surgial supplies manufactur- ed in India The two Delegations further agreed to Import dnurs and medicines manufactured In the two countries. As a step forward towards this, the concerned authorities of the two Governments would p"rmlt the registration of medicines manufactured in the two countries In their National Formulary, if any, subject to the satisfaction of prescribed standards of purity and quality.

4 In accordance with the provisions o* Article 15 of the Treaty of 1950 between the Royal Afghan Government and the Government of India, and subject to their respective import, exoort and foreign exchange reflations and the special trade arrangement that mav be concluded between the two Governments from year to year, the two Governments re-affirmed their agreement to the following: —

(a) Import of Schedule 'A' commodities from Afghanistan will be permitted to any person into India whose imports are counter-balanced by exports of Schedule 'B—I' and 'B—II' commodities from India in the pres- cribed proportion.

(b) Export of Schedule 'B—I' and 'B—II' commodities from India will be permitted in the prescribed proportion to any person whose exports are counter-balanced by Imports from Afghanistan of Schedule 'A' commo- dities.

(c) Payment of imports and exports of commodities not covered by Sche- dule 'A', 'B—I' and 'B—IP shall be made by establishing letters of credit in transferable U.S. dollars or Pounds Sterling.

(d) The special self-balancing account maintained by the Da Afghanistan Bank with the State of Bank of India will continue to be utilised to facilitate imports of hides and skins on a liberal basis against exports of goods and services from India.

5. It is the understanding between the Government of India and the Royal Government of Afghanistan that the goods imported by either country from the other would be used for consumption in the country of import, and effective steps would be taken to prohibit and prevent their diversion to third countries.

6. The two Governments will consult with each other priodically to review the above arrangements with a view to removing any difficulty In the working of this arrangement.

7. This trade Arrangement will come into force from 1st March, 1972 and will remain valid for one year. Unless either Contracting Party gives notice of termi- nation or amendment one month prior to the expiry of this arrangement, it will automatically be extended by a further period of one year. On the expiry of the second year of the arrangement, unless either Contracting Party gives notice of termination or amendment, one month prior to the expiry of the second year, it will automatically be extended by a further period of one year.

Signed at New Delhi this Twentieth day of February, 1972.¹

Sd, L. N. MISHIU.

Sd. M. AREF GHAUSSI, Minister of Commerce, Royal Afghan Minister of Foreign Trade Government, Leader, Afghan Trade Government of India. Leader, Delegation.

Indian Trade Delegation.

ANNEXURE II

SCHEDULE 'A'

Commodities jar Export from Afghanistan to India

Fruits (dry and fresh all kinds).

Asafoetida.

Cumin Seeds.

Hides & skins. (Medicines, Extracts of Medicinal Herbs and Import of these items is Plants produced in Afghanistan.) suspended for the time

being.

Farsi

Medicinal herbs (detailed as under). English Hysop Zoofa. Rosa Rose Flower, (dried). Gule Golab. Buglass (Borage), Gule-Gawzaban. Quince (Borage). Hed-Denna. White and red Behmen (Urdu) Behmane (Sand wa Sorkh). Juiube Onnab. Ratanjot (Hindi) Yarland. Manna Turan.iabeen. Doroncum DarawanJ. Manna (taken from Atrapharis Sheer-Khest.

Splnosa).

Llquoric (Mulathi). Shireen Bola Wild Carret. Shakakul

Any other commodity that may be agreed upon between the two Governments.

SCHKnULE ' B -P

Commodities for Export from India to Afghanistan.

1. Tea other than C. T. C. and Dust. 2. Coffee.

3. Cardamom (Big and Small). 4. Pepper. 5. Tobacco-raw and unmanufactured. 6. Coir and Coir Products. 7. Dyeing and Tanning Substances (Nalral). 8. Myroblam and Myroblam extracts. H. Leather Manufacturers imported by private parties.

10. Jute Manufacturers imported by private parties. 11. Cotton Yarn, Cotton Twist and Cotton thread.

SCHEDULE 'B-II'

Commodities for Export from India to Afghanistan.

1. Fabrics-Mill made and handloom, including sarees, of cotton rayon and wool; hosiery and knitted garments of cotton, rayon and wool; other manu- factures of cotton, rayon and wool; Fabrics and other manufactures of silk excluding saree fabrics, sarees, scarves and Zari.

2. Food Products.

Confectionery. Fish-dried and salted. Fish prawns-dried. Preserved Mango and other vegetable products. Provisions and oilman's stores. Sago Tapioca and its products. Cane jaggery/eanc jaggery powder (India Gur).

3. Agricultural Products,

Hydrogenated oils, i.e. vanaspati or vegetable ghee. Vegetable oils nnd oilseeds.

4. Chemical Products and Soaps - Chemicals and Chemical preparations.

5. Pharmaceuticals.

(Drugs, Medicines and Antibiotics) Export of these items will remain suspended for the time being.

Sera and Vaccines. Alkaloids of opium and its derivatives. Naphthalene. Soap-toilet and household. Toilet requisites and perfumery. Points, pigments and varnishes.

fj. Engineering goods,

Printing machinery. Diesel engines. Pumps driven by dlesel erik'ines and electric motors. Sewing machines- Bicycles and their parts. Textile machinery such as carding machinery and Weaving looms. Machine tools. Handtools and small tools, small rivcrerafts. Sugarcane crushing machinery. Rice, Flours nnd oil crushing machinery. Ball bearings. Agricultural Implements. Automobiles parts other than Ihose- sent aw sPnres wlin nutomohilcs. Gliders.

7. Electrical Goods

Electrical appliances and accessories such as conduct pipes, switches, bells.

holders, cut-outs etc.

Electrodes. Electric bulbs and Kibes. Electric fans and their parts. Electric torch Htfhts. Batteries (dry and wet). Electric motors. Ebonite sheets, rods and tubes. Cables and Wires.

8. Household and Budding requirements. Utensils Including signless strc-hvare. Cooking ranges, heaters, electric iron, toasters kettles etc Household electrical fittings and fixtures. Roofing tiles. Bricks. T linoleum. Sanitaryware. G. I. Pipes and fittings. Manhole cover and plaios. Kerosene stoves. Incandescent oil pressure lamps. Safes, strong boxes and room fittings.

9. Hardware.

Locks and padlocks. Cutlery. Bolts, nuts, screws and hinges. Steel furniture and hospital appliances. Scientific instruments of all types. Weighing machines. Surgical and medical instrument!,. Steel buckets.

10, Rubber Manufactures

Tyres and Tubes, Other ruhber manufactures.

11. Leather Manufactures.

Imported by Government or Government undertakings. Artificial leather goods.

12. Handicrafts and cottage Industry Products.

Stationery and Paper.

IS. Miscellaneous.

Exposed Cinema Films imported by Government or Government undertakings. Commercial decoratlre plywood. Glassware including tableware, glass bottles and hanRlos. Artificial leather goods. Synthetic stones. Books and printed matters. Cigarettes. Postage stamps. Refined mineral oils. Bichromates Sports goods. Firebricks and fireclay. Ropes.

14. Jute Manufactures Imported by Government or Government undertakings.

15. Any other rominndiileg agreed upon between the Ivvo Governments.

SCHEDULE 'C

Illutstrative List of Products available for Export from India.

1. Machinery and Plants and parts thereof e.g.

(i; Mining Machinery & Equipment. (ii) Canning Machinery and parts thereof,

(iii) Slaughter House Machinery, (tv) Cement Plants.

2. Road Making and Construction Machinery e.g.

(i) Cement mixers. (ii) Vibrators. (Hi) Stone crushers, (iv) Polishing equipment. (v) Road Rollers, (vi) Bulldozers.

3. Iron and Steel Construction Materials not mentioned under the heading "Hardware" in Schedule 'B'.

4. Petrol Pumps. 5. Electric Generation, distribution and Sub-station equipment including portable and fixed generators.

6. Water treatment, sewage and Public Health Engineerini; Products. 7. Telecommunication Equipment e.g.

Telegraph and Telegraph Apparatus & Equipment Telephone Equipment etc. 8. Motor- vehicles e.g. trucks, buses, dumpers, and jeeps Including parts and anciUaries imported with motor vehicles.

9. Wood working machinery.

10. Refrigerators, 11. Tractors. 12. Compressors. 13. Lathes. 14. Graders. 15. Central Alrcondltioninp; equipment. 16. Accounting Machines. 17. Cutting Tools. 18. Ferrous and Non-lerroue casting & foreglngs. 19. P.V.C. products—including PVC Footwear. 20. Radio Receivers. 21. Cranes. 22. Sugar. 23. Other items not included tn Schedules 'B-I' and 'B-II' to the Trade Arrange- ment.

[

ANNEXURE III

Foim of Affidavit to be Filled in by ImporUriExponer

P A R T

I

—

S E C

.

I/We hereby solemnly declare that the following statement is true and correct to the best of my/our knowledge and belief. I/We fully understand that any CGP /E.P. apporval granted to me/us on tbe basis of this statement is liable to cancellation, without prejudice to any other penal action that may be taken ,in this behalf, if any information furnished hereunder is found to be incorrect or false.

1

]

Particulars of E.P. approvals.

Signature Name in block letters E.P. form. No Date of issue

Particulars of C.CJP. C.CP. No Date of issue Description of goods Name & address of the firm Description of goods Value

Vahie

T H E

IMPORTS

EXPORTS

Adjustment due to

Schedule Schedule

Percentage of

Item of import.

? B—I B—II

the transfers.

Total (Rs.)

Percentage of Excess/ Shortfall

G A Z E T T E For the month ending

B -I B - II (—) (+>

Total (Value) (RS-)

items items

items items (value¹ (value) (Rs.) ' (Rs.)

C.A.V./CA.W. of imports made un- der CCPs. of the current Agreement period.

AddL Deduct (Rs.) (RsO

O F

B—I B—II items items

I

CA.V. C.A.W.

N D

I

A

1

2

10

11 12

5 6

8 9

7

3 4

13 14

B.F.

give progressive totals of pre-

(i)

vious months of each item* 1

(ii) .

E X T R A O R D (give month and year and also

I

specify the items).*

*The items are:—

N A R Y

1. Fresh fruits :

Grapes, Pomegranates & others.

2. Drw fruits :

i,i) Almonds- Soft shell, Hard Shell, without shell, (ii) Pista—with shell, Without shell, (iii) Raisinr and other dry fruits and (iv) other items

3. Asafoetida 4. Cumin seeds 5. Medicinal Herbs.

ANNEXURE IV

Specimen Band Form for Importers under the lndo-Afghan Trade Arrangement.

Know all Men by these presents that we (1)

to be Pa Id t⁰ t he s a id Government or °* , (hereinafter referred to as "the importers'¹') SS andrC(2Si°n S h aU i D C l U de h i s / t h c ir successors and surS i r ^ f s o ie ° i, I ^ (hereinafter referred t0 a ..the aUTeiyi Droprletor of the TiCh f ^ f f s i ou shail unless excluded by or repugnant to ouXess after eivine t he T ^' ,^cmf lis s u^es s o rs and assigns are jointly and Ws name and fddrefsf VefaU* h e I d, ,a nd "™-ly bound upto the President of India u m av be added h i sh e r e I"a l t er C a l l ed "t be Government- in the sum of B,s hei?s executors' a n d ;/ administrator^ ts S U c c e s S i ; rs a nd assigns for which payment we bind our- admimstratora . s e ( v eg a n (] e a Cn of ug ^ e a ch Qf ^ ^ .^ e x e c u t o r S( administrators, sucessors and assigns (strike out tho words which are not applicable) jointly and severally by these presents i dated this date

total customs assessed value of imports, then the above written bond will be void and of no effect, Other wise the bond will remain In full force and virtue.

AND IT IS HEREBY DECLARED THAT

(a) The above written bond shall remain in full force and effect for a period 01 15 months from the date of importation of the said imported goods. (b) Any torebearance act or omission on the part of the Government in enforcing the conditions of the aforesaid bond aaginst the importers or any time being granted or any indulgence by the Government to the importers in connection therewith shall not discharge the surety. (cj That this bond is entered into under the order of the Central Government for the performance of an act in which the Public are interested. (d) That the payment of the amount of the bond will not affect the liability of the importers to any other action (including refusal of further CCPs.) that may be taken under the Import Trade Control regulations.

(e) That the liability of the importers under this guarantee shall not stand discharged, if the imports are transferred to some other party.

The stamp duty on this bond shall be paid by the importer. IN WITNESS WHEREOF THE parties hereto have duly executed these present day and the year first above written.

Signed sealed and delivered bv the within name importers. In the presence of

1. 2. (Witness should also give their occupation and address). Signed, sealed and delivered by the with in named surety in the presence of

1. 2. (Witness should also give their occupation and address),

for and on behalf of the President of India,

ANNEXUiRE V

Specimen Bond Form for Exporters under the Indo-Afghan Trade Arrangement.

If the exporter/ Know all Men by these presents that we (1) surety is the sole of proprietor of the (hereinafter called as "the Exporters") which expression business after j(i\ing shall include his/their respective heirs executors admims- his name and tratorg and legal representatives/successors and' permitted address it mav be assigns and (2) of added, "his heirs, (hereinafter called "the surety") which expression shall executors and unless excluded by or repugnant to the context, include his/ administrators". their respective heirs, executors, administrators and legal If the exporter/ representatives/successors and permitted assigns are jointly surety is a firm of or severally held and firmly bound unto the Preident of partnership, it may India "hereinafter called the Government" In the sum of be added "partners iRs to be Raid to the said for the time being Government or its successors and assigns through Joint/ of the said firm Deputy Chief/Controller of Imports and Exports, for which and the survivors of Payment we bind ourselves and each of us and each of our the firm and their heirs, executors, administrators, legal representatives/ respective heirs, successors and permitted asigng (strike out the words which

executors and are not applicable) jointly and severally by these presents.. administrator". dated this dated If the exporter/ of surety Is a Limited Whereas the Reserve Bank of India has Company it may be permitted the export of Schedule B-I & B-II items against added "its successors E.P. Form No dated , and assigns". subject to the production of a ban guarantee equivalent to 50 per cent of the value of exports, j.hus permitted, with a proviso that the value of exports of Schedule B-II items, in each case, Is not less than 50 per cent of the total value of exports, as indicated in the Ministry of Commerce Public Notice No. 194-ITC(PN)/73, dated 16th November, 1973.

And whereas one of the terms provides that the exporters will execute a bond along with one sufficient surety with the Joint/Deputy/Chief Controller of Imports & Exports, Gov- ernment of India, which expression will include the person for the time being performing the duties of the Joint /Deputy Chief/Controller of Imports & Exports in the manner herein above written with such, conditions as are hereunder:

Now the condition of the above written Bond is such that firstly, if the said exporters shall within six months, or such further time as may be granted by the said Joint/Deputy Chief/Controller of Imports & Exports. Import permissible commodities as specified in Schedule A of the Ministry of Commerce Public Notice No. 194-ITC(PN)/73, dated 16th November, 1973 of the value equal to the value of the goods exported to Afghanistan under the Indo-Afghan Trade Arrangement for 1973-74.

Secondly if the said exporters and or their surety will procure and deliver or cause to be procured and delivered to the Reserve Bank of India and Joint/Deputy Chief/ Controller of Imports & Exports within six monthg or such further time as may be granted by the said Joint/Deputy Chief Controller of Imports & Exports.... evidence to prove, that the said imports of the value equal to hundred per cent of the value of exports to Afghanistan have been effected, as aforesaid and also documentary evidence such as prescribed in para- graph 27 of Public Notice referred to above, showing that the value of imports effected from Afghanistan Ig not less than hundred per cent of the value of the goods exported to Afghanistan against the E.P. form referred to before, then the above written bond will be void and of no effect. Otherwise, the bond will remain in full force and virtue.

AND IT IS HEREBY DECLARED THAT

(a) The above written bond shall remain in full force and effect for a period of 15 months from the date of export of the said exported Roods. (b) Any forebearance act or omission on the part of the Government In enforcing the conditions of the aforesaid bond against the exporters or any time being granted or any indulgence by the Government to the exporters in connection there with shall not discharge the surety.

(c) That this bond Is entered into under the orders of the Government of India for the performance of an act in which the Public are interested. (d) That the payment of the amount of the bond will not affect the liability of the exporters to any other action (including refusal of furl her export permits) that may be taken under the Export Trade Control regulations

(e) That the liability of the exporters under this guarantee shall not stand discharged, If the exports ate transferred to some other party

The Stamp duty on this bond shall be "aid by the exporter.

IN WITNESS WHEREOF THE parties hereto hpve duly executed these present day and the year first above written.

Signed sealed and delivered by the

within named exporters. In the presence of

i. 2. (Witness should also give their occupation and address.) Signed sealed and delivered by the

•within named surety in the presence of

1. 2. (Witness should also give their occupation and address,) For and on behalf of the President of India.

S. G. BOSE MULLICK,

Chief Controller of Imports and Exports

4. j

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tPAKr TSEC. }] THE GAZETTE 0F INJMA JI^TBMVPRB^A^Y 1651

PRINTED BY THB MANAGER, GOVERNMENT OP INDIA PREHB. MINTO ROAD, NEW DELHI AND PUBLISHED BY THB CONTROLLER OF PUBLICATIONS, DELHI, 1973