Subject NOT available

bv the Bank.

NOTE—No applicant will be granted a CCP for the same item, under more than one category 1 e he can apply either under (a) or under (b) above

11. Computation of past imports It may be clarified that:—

(1) for computing past imports under Para 10 only such imports as were actually cleared from the Customs during the basic period for con- sumption m India (after payment of import duty), will be taken into account;

(ii) It will not be necessary for an "approved importer" to obtain a single CCP covering his entnv initial entitlement under this Public Notice. He can if so, desired, obtain more than one CCP for fresh fruit au long as the value of all the CCPs together does not exceed his initial entitlement, as referred to m Sub-paragraph 10 (a) above

12. Counter-exports against imports.—(1) CCPs for import of fresh fruit from Afghanistan will be granted to eligible applicants subject to the conditions that the licensee shall export to Afghanistan the ffoods in Schedule B-I and B-IE of a value equal to the value of imports The period during which counter balancing exports should be made shall extend upto 31st July. 1978 However, a fresh CCP shall bo issued only in terms of para 13 below

715

(2) It will be d condition of the CCP that not less than SO per cent of the counter.

balancing exports shall be ol items listed in'Schedule B-II. The export of Schedule B-II Items shall take place either before the export of Schedule B-I items or con- currently with the export of Schedule B-I items.

(3) The traders should in their own interest, ensure that they are in a position to discharge their counter-export obligation In terms of this Public Notice, within the prescribed time limit, and in the prescribed ratio, for items In Schedule B-I and Schedule B-II, before they apply and obtain a CCP. In the event of their failure, for whatsoever reason, to fulfil the conditions .subject to which the CCPs are granted to ihem, they will render themselves ineligible to receive any further CCP apart from an,v other action that may be taken under the Imports and the Exports Trade Control/Foreign Exchange Ordeis, rules and regulations.

13 Further CCPs to be Issued on completion of export obligation.—An importer will be eligible to apply for a fresh CCP as soon as he completes his counter-export obligation (in thr required proportion; to the full extent of the value of his earlier CCP or CCPs U he had chosen to split his entitlement over more than one CCP undei the provisions of paia 11 (n) above

14 E. P. forms to be approved by the Reserve Bank.—E P Forms covering counter-exports to Afghanistan will lie approved by the Reserve Bank of India If they are otherwise in order The E P forms would be valid for a period of 30 days from the date of issue.

15 Procedure for remittances In respect of Imports and exports there against.— <1) In the case of imports of fresh fruit, payments by the importers should be made through the Special Non-Resident Rupee Account styled as "Da Afghanistan Bank's special Non-Resident Rupees Account" opened by the Da Afghanistan 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 this item from Afghanistan and for the prescribed 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 aie desired, these may be obtained from the State Bank of India Parliament Street, New Delhi

02) The trade It, cautioned that anv Import of items covered by this Public Notice from Afghanistan, which does not strictly comply with the banking proce- dures 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

If) Documents to be pro"luced

17 Value of imported items will he the value a>* declared 1" the supplier'e Involve—rl he value of the imported lfems for the purpose of debit to the CCPs j'vi jor remittance to the supplier, through the Bank, as also for the purpose of r'et^-minini; counter-balancing exports m respect ot such imports, will be the value as declared in the supplier's Invoice and appearing in the Bill of Exchange

ID Bonds with Bank Guarantees to be furnished to the licensing authorities.— Bonds with Bank guarantee in fulfilment of counter export obligation as referred to m" paragraph 12 above shall be furnished to tbe licensing authorities mentioned in paragraph fi, who will watch performance and enforce the guarantee Tt mav be clujfl"d that jn cases where bank euarantee is required, ihe importer will have to furnish the same in respect nf ppch npclicahon for the grant of CCP for Import. In the event of the Darb-'s failure to discharge the counter-obligation within fhe itroulfited period and to furnish documentary evidence in support thereof the amount of bank guarantee will be liable to forfeiture without prejudice to any

other action that may be taken in this behaLE, including disqualification from participating in the Xndo-Afghan trade in future The documentary evidence to be produced in support of fulfilment of counter-obligation will be the same as indicated in paragraph 21 below In addition, the importers will be required to submit infoimation monthly in respect of imports/exports and the counter-balancing export obligations fulfilled by them in the enclosed proforma (Annexure II) so as to reach the licensing authoxitles concerned by the 7th of the succeeding month

19 Specimens of Bond/Bank Guarantee Foams —The specimen of the bond/bank guarantee form to be furnished by lmportert, are given in Annexure III It may be noted that the bond has to be countersigned by a Scheduled bank as a surety in token of their under-taking to pay the guaranteed amount to the licensing autho- rity in the event of default on the part of the importer The bond form must be signed by an Officer duly authorised by the bank in this behalf If may also be noted that bonds are to be furnished on a stamp paper or on a plain paper affix- ed with special adhesive stamps of the appropriate value, and impressed with the dating machine, by a proper officer

20 Export Performance Guarantee from the ECGC.—The importers, who find difficulty in depositing the full amount of cash with their banks In order to secure the requisite 'Bank guarantee' may approach their bankers if they so desire to obtain the 'export performance guarantee¹* on their behalf, from the E C GC [Export Credit and Guarantee Corporation of India. Express Towers (10th Floor), Nariman Point, Bombay-1].

21 Documentary evidence to be produced.—The following documents will consti- tute 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 that have been "shipped in £uU" and invoices duly certified by the Customs which should indicate the value and other details of Schedule 'B-F and 'B-II' products actually exported and bills of lading

22 Validity of OCPs.—In terms of this Public Notice, CCPs will be valid upto

3l£t July, 1978

23 Distribution of C C Ps —The Customs authorities will 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 the prescribed farm on fVe reverse of the permit The exchange control copy will as at present be handed back to the importer to be furnished to Reserve Bank of India, duly stamped and signed

24 Distribution of Transit Certificates.—The importers, while presenting the CCP to the Customs authorities concerned will produce five copies of the Transit Certificates issued by the Afghan Government One copy of the transit certificate will he retained bv the Customs the second copy will be forwarded to the Reserve Bank of India and the third and the fourth copies 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 Embassy m Kabul The fifth copy is to be forwarded by the Customs authorities to the licensing authority concerned

25 Irouorts to be made on outright purchase basis —Imports and exj orts bet- urv-n India and Afghanistan will take pla(.e only on outright purchase basis

2f> Manner r>f Payment—As regatds the mode of payment against import of items covered bv this Public Notice attention is Invited to para 17 of this Public Notice Payments for imports and exports of commodities not covered by Schedule 'A' B-T and 'B-II' (i e Schedule C items) shall be made by establishing letters of credit in transferable U S Dollars or Pounds Sterling

*The Export Performance Guarantee' has been evolved bv ECGC to help importers/exporters to secure on easier terms bank guarantees they have to furnish in couise of their import/export business For giving the guarantee the banka icq ure Vhe exporters to deposit varying amounts of cash depending on their standing To the extent they have to make a cash deposit, their resources are blocked This guarantee seeks to help the importers/exporters to obtain the bank guarantee without making any cash deposit or against a reduced margin of deposit

717

27. No diversion to third countries.—It is agreed between the two Governments that the goods Imported by either country from the other would be used only lor consumption in the country of import. Serious notice will be taken of cases whera goods Imported from or exported to Afghanistan are diverted to a third country. 26. Trade should desist from abusing- the system—Maintenance of reasonable prices.—Trade Is advised to ensure that the existing system is used m the interest of consumers/producers in India and Afghanistan and that the Trade Arrangement secures the common objectives of healthy growth and diversification of trade between the two countries They should also ensure that reasonable prices are charged and efficient alter bales-service is maintained wherever necessary Appropriate penal action will be taken if the trade arrangement is used to the disadvantage of producers and the healthy growth and diversification of trade between the two countries. Annexure I

SCHEDULE 'A' Commodities for export fiom Afghanistan to India

1. Fruits (dry and fresh all kinds) 2 Asafoetlda. 3. Cumin Seeds 4 Hides and skins. 5. Medicines, Extracts of Medicinal Herbs and Plants

produced in Afghanistan.

6. Medicinal herbs (detailed as under):—

Import of theBe items is suspended for the time being.

English

Hysop. Rosa Rose Flower (dried) Buglass (Borage) Quince (Borage;, White and red Behmen (Urdu).

Farst Zoofa. Gule Golab. Gule-'Gawzaban, Hed-Danna. Behmane (Safld wa Sorkh)

Jujube. Hatanjot (Hindi). A Manna Doroncun. Manna (taken from Atrapfiaris Splnosa), Wild Carrot.

Onnab. Yarland. Turanjabeen Darawenj. Sheer-Khost Shakakul

7. Oilseeds. 8. Any other commodity that may be agreed upon

between the two Governments

SCHEDULE 'B-r

Commodities for expoit ftom India to Afghanistan

1 Tea other than CTC 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 (natural) 8 Myroblajn and Myroblam extracts 9 Leather Manufactures imported by private parties excluding Leather Boxes, and Ladles Handbags 10. Jute Manufactures Imported by private parties. 11, Cotton Yarn, Cotton twist and cotton thread

SCHEDULE 'B-II*

Commodities foi export from ln$,m 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 manufactures of cotton, rayon and wool, Fabrics and other manufacture* of silk excluding saree iabrJ.es, sarees, scarves and ^ari-

2. Food Products—

Confectionary (excluding chewing gum). Fish—dried and salted. Fish prawns—dried. Oilman's stores Sago. Tapioca and its products. Cane Jaggery /cane Jaggery powder (India fiur).

3 Agricultural Products—

Hydrogenated oils I e 'Vanaspnti' or vegetable

ghee

Vegetable oils excluding Castor Oil

4. Chemical Products and Soaps—

rhprmcal*! anri Chemical prepratlons.

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

Sera and Vaccines. Alkaloids of opium nnd its derivatives Napthalane Soap—toilet and household. Toilet requisites and peifumery Paints, pigments and varnishes

6 Engineering good?— Printing machinery Diesel engines Pumps driven bv dicsel engines and electric motors Sewing machines Bicvclcs and their parts Ttxtile machinery tuch as carding machinery and

weaving looms

Machine tools Handtools and small tools small rlvercrafts Sugarcane ciushini* machinery Run F1om- nnd oil crushing machinery Ball bearings Agricultural implements Automobiles parts nther than those sent as spares

with automobiles

Glioders

7 Elcctnrnl G'" d' —

Flpctrica] anplitinces nnd ncccssories such as

conduit pipes

Swi1ch"=s toils, hoVl^is cut-ov s <~l- Wectrodps Electric bulbs and t ibes Electric fans and their parts Floetric torch lifih+s Bnttpnes fdry and wet) "Flectnc mptors Fnnmte --b^ets rods and tubes Cables and wires

719

8. Household uind Builduui Requirements—

Utensils. Cooking ranges, heaters, electric iron, toasters, kettles, etc. Household electrical fittings and fixtures. Roofing tiles. Bricks. Linoleum. Sanitaryware. G. I. Pipes and fittings. Manhole cover and plates. Kerosene stoves. Incadescent oil pressure lamps. Room fittings.

S) Hardware—

Locks and Padlocks. Cutlery Bolts, nuts, screws and hinges Scientific instruments of all types Weighing machines. Surgical and medical instruments. Steel buckets Hospital appliances,

10 Rubber Manujaclures— Tyres and Tubes. Other rubber manufactures

11. Leather Manufactures—

Imported by Government or Government Under-

takings

Artificial leather goods.

12 Handicraft!, and CotUipe Industry P?o(Ji(cts—

Stationery and paper

13 MlsceU iwous—

Glassware including tableware, glass "bottles and

bangles

Artificial porcelain teeth Synthetic stones. Books and printed matter. Cigarettes Postage stamps Refined mineral oils. Bichromates Sports goods Firebricks and fireclay. Ropes

14 Jute Manufacturers imported by Government or

Government Undertakings.

15. Any other commodities agreed upon between the

two Governments

SCHEDULE 'C ILLUSTRATIVE LIST OF PRODUCTS AVAILABLE FOR EXPORT FROM INDIA

AND AFGHANISTAN

I—Exports from India

1 Machinery and PZciifs and parti, thereof eg. (I) Mining Machinery and Equiomcnt, di) Canning Machinery and parts thereof

fi'i) SiHiiijhter House Machinery

Xiv) Orment PI mts

2. Road Making and Construction Machinery e.g.

(i; Cement mixers, (il) Vibrators, (in) 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 Pumpa

5 Electric Generation, distribution and Sub-Station equipment including port- able and ilxed generators.

6 Water treatment, sewage and Public Health Engineering Products.

7 Telecommunication Kquipmem eg.—Telegraph and Telegraph Apparatus & Equipment, Telephone Equipment, etc.

8 Motor vehicles eg. trucks, buses, lumpers and jeeps, Including parts a n* anclllarics imported with motor vehicles.

9 Wood working machinery.

10 Refrigerators.

11. Tractors

12. Compressors.

13 Lathes

14 Graders.

15. Central Airconditioning equipment.

16 Accounting Machines.

17 Cutting Tools

18 Ferrous and Non-ferrous castings and forgings.

19 P VC products-including P V C. footwear.

20 Radio Receivers.

21. Cranes

22 Sugar

23 Exposed Cinema Films imported by Government or Government Under- takings

24 Other Items not included in Schedule 'B-I', and B-IF, to the Trade Agree- ment

II—Exports from Afghanistan

1 Fertilizer.

2 Wool

3 Cotton

4 Castings

5 Cotton seed cakes

6 Liquorice (Mulathi)

Shirien Bola (Farsl)

ANNEXURE n

FORM OF AFFIDAVIT TO BE FILLED IN BY IMPORTERS,'EXPORTERS

1,'Tc hereby solemrly declare thdtthe following statement is true and correct to the best of my/our knowledge and belief I . Te fully understand that any CCP/JB P , approval granted to me/us on the basis of this statement is liable to cancellation, without prejudice to any other penal actian that may be taken in this behalf, if any information furnished herewith is found to be incorrect or false.

Date of Issue Particulars of CCP Signature Particulars of E.P. approvals. CCP No. Name in Block letter E P. form No. Date of issue Description of goods Name & address of tie firm Description of goods. . . .. . .. Value .

Value

EXPORTS IMPORTS

Percentage

Schedul

Adjustments due to the transfers.

of Percentage of - Excess, shortfall

Total Rs.

For Ehe Item of Import?. month ending

Total (valued Rs.' B-I Ite- B-II Ite

ms ms • I . V . / C J LW of imports made un- der CCPs of the current Agreement period

BJ items (value) Rs.

.e Sche- dule B-II items (value)

Add. Deduct Rs. Rs.

Rs.

( + ) (-) B-I B-II items items

I-V C A.W

II 12 2

10

8

i

5 6

13 14

9

7

3 4

B.F.

CO give progressive totals of previous months of each items.

(11)

(give month and year and also

specify lie items)

The items are :— i. Fresh Fours

Grapes, Pomegrantes and others

2. Dry Fruits, (I) Almonds Soft shell, Hard Shell, without Shell,

(u) Pista with Shell, without Shell, (in) Raisins and other dry fonts.

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

* I.V. stands for Invoice value.

C.A.W. stands for Custom Assessed Weight,

"8

ANNEXURE III

SPECIMEN BOND FORM FOR IMPORTERS UNDER THE INDO-AFGHAN TRADE ARRANGEMENTS

Know all Men by these presents that we (1)- • —— of (hereinafter referred to as " t he importers") which expression shall include h i s / t h e ir succesyois and assigns and (2) — —— —

If t he i m p o r t e r/ surety is the sole pro- prietor of the business after giving his name and address it may be added "his heirs, exe- cutor and administra- tors".

this date

of (hereinafter referred to as "the surely" which ex- pression shall unless excluded by or repugnant to the c(_nto\t include its successors and assigns are Jointly and severally hold and firmly bound unto the President of India hcicliiafter called "the Government' in the sum of R s— -to be paid to the said Govern- ment or its successors and assigns for which payment v"e h nd ourselves and each of us and each of our heirs executors administrators, successors and assigns (strike out the words which are not applicable) jointly and severally by these presents dated ot

If the Importer/ surety Is a firm of partnership, it may be added "partners for the time being of the said firm and fhe suivl\ors of the firm and their respective heirs, executors and administrators"

WHEREAS the .Tomt/Depulv Chief/Controller of Imports and Exports (hereinafter referred to as the Joint/Deputy Chief/ Cout-oller> which express'on shall include the person tor the time being performing the duties of the said Joint/Deputy Chief/Controller has agreed to permit the Importation of fresh fruit from Afghanistan sublet to the production of Bank Guaran- tee equivalent to fifty per cent of the \alue of imports, as nrov ided In the Minlstrv of Commerce Public Notice No 55-ITC(PN)/77 Oated .2nd August, 1<)77

If the lmportei / surety is a limited company it may be added "its successors and assigns"

AND WHEREAS one of the terms in the aforesaid Public Voticc pinvides that the importers will execute a bond alon>;wlth one sufficient surety in the manner heiem above vvr tten with such conditions as are here under

NOW THE CONDITION OF ^HE ABOVF WRITTEN

BOND IS SUCH that firstv, if the said Importers shall, latest bv 31st July, 197R export items as- meiLio-it 1 in Schedule B I and B-II atlrrhed to 1he said Publir Notice, to Afghanistan in such a manner tha noL lts^ than Ufty m-i cant of the \a1ue of exports consists of Schedule B-II items, and th(

Sccondlv, If the said importers and/or surot\ shill proem e and deliver or cause to be procured and delivered to t'le Jolnt/Denutv Chief A ontrnller \Uthin nne month from the date of expirv oi th^ afoi^said period evidence to prove that th^t said exports of the value equal to 100 per cent (Hundred percent) nf invoice value nf the Imported goods have } epn exroited ac afnrps.ud mil ulso Hncum jn tary evidence such JS prescribed in paragraph 21 of fhp Mimstr nf Commer'e Public NoticN No ^ ITC(PN)/77, dated the 2nd Aufiusl, ll>77 showmc 1hnt the value of exnoits effected to Aftrbdmstin Is ntcordins* tn the presi rib-ri i iho and is not luss than 100 per cent of the tot=i] invoice value of mport= then the abt/ve writtpn bond will be void and of no tflect Othe wi e thp bond will lemam in full force and virtue

AND IT IS HEREBY D~rLARED THAT

(a) Tbe abrue written 'nid sbqll remain in full fmce niid effect for a periorl of I¹! months from the de*e nf m^o-tit'on of th" said im ported KoorTs

(b) Any fjrebenrancp act or omission on the niri of the Rmirnmetil m pr\-

foicinK the conditions of the aforesaid bond against the lmnorters or

7*3

any time being granted or any indulgence by the Government to the importers in connection herewith ahall not discharge the surety (c) That this bond is enteied mto under the order of the Central Govern- ment for the performance of an act m which the public are interested.

(d) That the payment of the amount of the bond will not effect the liabi- lity of the importers to any other action (includxng 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 tome 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 by the—— • ——— within named importers.

Ii the presence of

1.

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.

A. S. GILL,

Chief Controller of Imports and Exports.

725

/ */

( 1 £4 LiAij^l LCJ . . 1, L , L A. ". J. A *. <;. *r-

73?

731

W3S

734/1

VHfe~

734/5.

*iyU6 T™ GAZETTE Off JM^lftT^QBiKNARY PA*T ^ * SW 1

7m

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS. MINTO ROfB, N*W DILHI AND PUBLiaHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1B71