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REGISTERED No. D. (D.N.)-72

EXTRAORDINARY

PART I—Section 1

PUBLISHED BY AUTHORITY

No. 6] NEW DELHI, FRIDAY, JANUARY 13, 1984/PAUSA 23, 1905 Separate paging is given to this Part in order that it may he filed as a separate

compilation

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MINISTRY OF COMMERCE

IMPORT TRADE CONTROL

PUBLIC NOTICE NO. 3—ITC(PN)|84

New Delhi, the 13th January, 1984

Subject : Licensing conditions in respect of Jndo-Swedish Development Coopera- tion Agreement, 1983—Swedish As- sistance.

7

IMPORT LICENCE

1. The import licence will be issued on CIt basis, with'an initial validity period of four months for contracting and twelve months for completion of shipments as well as payments. All shipments must be completed within a month of the date of expiry of the licence.

2. Each import licence will bear a superscrip- tion "Indo-Swedish Development Cooperation Agreement, 1983—General Imports" or "Indo- Swedish Development Cooperation Agreement, 1983—Imports from Sweden" as the case may be. The suffixes in the licence code classification number will be "R|SW". These will also be re- peated in the letter from the Chief Controller of Imports & Exports forwarding the Import Licence.

3. Within a fortnight of the receipt of the import licence, the importer should intimate to the Department of Economic Affairs (TA Section) the fact of receipt of the Import Licence indicat- ing the number, date and value of the import licence and likely date by which the contract documents would be furnished.

4. The condition regarding contracting shall

not he deemed to have been complied with unless

complete contract documents, as provided in

para 21 helow, are furnished within the stipulated

period of fonr months.

File No. IPC|23(1O)|83.—The terms and con- ditions governing imports under the Indo-Swedish Developmnet Cooperation Agreement, 1983 as given in the Appendix to this Public Notice, are notified for information.

Sd|—

P. C. JAIN, Chief Controller of Imports & Exports

AJIT SETH, Jt. Chief Controller of Imports & ^ ^^

exports

Appendix to this Ministry of Commerce Public Notice, No. 3—ITC(PN)|84 dt. Jan., 1984

Licensing Conditions Under Tudo-Swcdish Deve- lopment Cooperation Agreement, 1983

PREAMBLE

Swedish Assistance under the Indo-Swedish Development Cooperation Agreement (1983). consists of two segments fi) General Import and (ii) Imports from Sweden. In the case of, the first segment, imports can be effected from'any- where in the world on the basis of competitive global tendering but in the case of the second segment, the Imports can be effected or services - obtained only from Sweden i.e. the goods must

be manufactured in Sweden.

5. Where this stipulation is not complied with within four months, the import licence will be deemed to have become invalid.

6. The import licence may, however, be re- validated on an application bv the party, where- in the reasons for not c.implying with the rc- airement in time should be stated. The request for revalidation would be considered by the licensing authority on merits and the licence will be t revalidated for contracting for a further period not exceeding two months. Any revalida- tion beyond this period will require the prior approval of the Department of Economic Affairs (TA Section).

CONTRACTING

7. A contract will normally comprise an Agreement signed by both the parties viz., the Tndian importer and the foreign supplier nr it may comprise the order placed by the Indian importer and the letter of acceptance bv the foreign supplier thereof in unequivocal terms. Orders on Indian Agents of tfic Overseas Sup- pliers andlor ordrr confirmation by such Tndian Agent are not acceptable.

8. A contract comprising ? series of corres- pondence between the two parties frequently

amending)revising tine various provisions will not be generally accepted. In such cases, it is necessary to prepare a final document including therein the terms agreed to and signed as such by both the parties.

9. Normally, one contract, on the basis of firm prices, has to be entered into with the foi- eign. supplier for the whole amount of the lic- ence. However, if, for special reasons, conclusion of more than one contract becomes necessary, prior permission of the Development of Econo- mic Affairs should be obtained, giving reasons for doing so.

TERMS OF CONTRACT

General :

10. The importers in the private sector arc required to place the contracts on C.I.F. or C&F basis. They should clearly indicate the F.O.B. price, insurance charges and freight separartely.

Contract must be eptered only on C&F basis, by a Government agency or a public sector un- dertaking.

amble, imports can be made from any country without restriction and should, as far as practic- able, be on the international competitive basis.

(ii) Under the Second segment, i.e. Imports from Sweden referred to in the preamble, the goods should be manufactured in Sweden or the services to be rendered should be of Swedish origin. A stipulation as to the Swedish manufac- turing of goods or Swedish origin of services shall be incorporated in the contract.

(iii) The licensee should, while submitting the contract documents referred to in para 21(iii) below, furnish a statement of the bids received and the reasons for selecting the particular sup- plier and goods.

Shipments :

15. The contract should spell out delivery! shipping schedules in specific terms indicating the month of each such delivery I shipments, as closely as possible.

Any subsequent deviation from the shipp- ing schedule should be promptly notified to the Ministry of Finance, Deptt, of Economic Affairs, IA Section, North Block, New Delhi.

Payment Terms

If any importer desires to enter, into a contract on F.O.B. basis, the party should seek prior per- mission of the Department of Economic Affairs, (IA Section). Ministry of Finance, New Delhi giv- ing reasons for doing, so.

11. If any commission is to be paid to the Indian agents of the foreign supplier, it will be shown separately from the value of the contract. The Indian agent's commission will be paid in India in rupees but will be set off against the total value of the import licence.

12. The value of the contract should be ex- pressed in the currency in which the payment is to be made to the foreign supplier. The conver- sion of these amounts into Rupees shall be made at the rates of exchange notified by the Depart- ment of Revenue (Customs) under Section 15 of the Customs Act, 1962 and prevailing on the date of issue of the import licence.

16. The Swedish assistance does not provide for deferred payments. Full payment will, there- fore, be made to the foreign supplier in cash against shipments as indicated in the following paragraphs.

17. Advance Payments .—An advance pay- ment upto a maximum of 10% of the FOB price of the supplier can be provided at the time of the contract coming into force. In the case of any deviation in this regard, prior approval of the Ministry of Finance, Department of Econo- mic Affairs (IA Section) should be obtained.

18. Other payments.—Trie amount left after the above to payment will be payable pro-rata according to the value of goods covered by each shipment, on he basis of the shipping schedule.

Value Limits of Contract

13. value of each contract should not be less than amount equivalent to Rupees seventy- five thousand (Rs. 75,000|-).

19. It should specifically be ensured that the terms of payment, e.g. amount payable on the contract becoming effective, and that payable against shipments etc. are set out in precise terms in the contract with details showing the schedule of deliveries!payments etc.

20. Coustomary Guarantee

Origin of Goods

14. 0) In the case of the first segment, i.e. General Imports segment, referred to in the pre- The importer may arrange and provide for in the agreement customary guaranteed) which may be necessary for safeguarding his interest.

DETAILS OF CONTRACT DOCUMENTS REQUIRED TO BE SUBMITTED

21. Within 20 days of the conclusion of the contract Ihe importer should send a letter accom- pained by the following documents to the Minis- try of Finance, Department of Economic Affair* (IA Seclion), North Block, New Delhi.

(i) Four certified copies of the contract and any further amendment(s) duly executed in English language and signed by both the Indian importer and the foreign supplier.

("i) Two photostate copies of the import licence (Exchange Control Copy) valid for costracting on the date of execution of the contract | acceptance by foreign supplier of the order placed

by the importer.

14(iii) above.

(iv) Other particular stipulated in An-

nexure—I, in duplicate.

The contract will be processed only after all thewe documents have been furnished by the im- porter.

LETTER OF AUTHORITY

22. li the contract is complete, the document etc. arc in order, the import Licence is valid for contracting and is considered eligible for financ- ing under the Indo-Swedish Development Co- operation Agreement, 1983, Ministry of Finance. Department of Economic Affairs will issue a Letter ot Authority as in Annexure—TT.

Methods of Payments

23. (i) Payment to the foreign suppliers in ar- ranged through normal banking channels by esta- blishing a Letter of Credit.

("ii) The Indian Importer will establish a Letter of Credit only after the Letter of Authority Tefer- red tt> in the preceding paragraph has been issued by the Ministry of Finance; the letter of credit win strictly be in accordance with provisions of the letter of authority.

(Hft The authority dealers in foreign exchange (ImUm bankers) will not provide facilities for estaMUiJBg a letter of credit to any Indian impor- ter m i en a letter of authority in this regard has beat received by them direct from the Ministry of Finance and Indian banker will provide such facilities or allow remittances only in accordance with the instructions contained in such a letter of authority.

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24. It will be responsibility of the loreign ban- ker with whom the letter of credit has been esta- blished, to forward to the Controller of Aid Ac- counts SL Audit, Ministry of Finance Department of Economic Affairs, UCO Bank Building, Parlia- ment Street, New Delhi, one set of non-negotiable invoices|shipping documents at the same lime as the foreign banker forwards such sets of docu- ments to the Indian Banker which opened the Letter of Credit. It is necessary for the Indian Bankers to include a provision to this effect in the letter of credit to be established by them. The fact, that one set of non-negotiable shipping docu- ment has been so forwarded will be noted down by the foreign bankers in the covering letter to the Indian Banker. The letter (Indian Banker) will check this point in particular before taking fur- ther action on the documents.

25. (j) Tlie Indian importer will, at the time of arranging payments, fill in an additional copy of Form 'Al'* for being sent by their Tndian Ban- ker direct to the Controller of Aid Accounts & Audit, Ministry of Finance, Department of Eco- nomic Affairs, UCO Bank Building, Parliament Street, New Delhi, under advice to the importer as soon as the payment is made. The letter for- warding Form 'Al'* as well as Form 'AT shall indicate the credit and segment under which the import licence was issued.

(ii) Both the Indian importer and Indian Ban- ker will ensure that all the requisite information is given correctly, fully and in specific terms aga- inst the relevant columns.

(iii) Form 'Al'* will further bear the signature of the authorised officer of the Indian Banker and stamped with its official seal.

Note : These arrangements do not absolve the licence of his responsibility to ensure that all forms 'Al' are despatched pro- mptly by his bank to the Ministry of Finance.

Refunds :

26. If any refunds are received by the Indian importers from the foreign supplier or the in- surer, a full report showing the amounts received, together with relevant particulars should be ^ nt to the Controller of Aid Accouns & Audit, Minis- try of Finance, Department of Economic Affairs, UCO Bank Building, Parliament Street, New Delhi in the form given in Annexure—HI.

* Application form prescribed by the Reserve

Bank of India for remittances.

Reporting of Actual Payments, etc. by the Indian Importers :

27. The Indian importers should invariably re- port to the Controller of Aid Accounts & Audit,

Ministry of Finance, Deptt, of Economic Affairs, UCO Bank Building, Parliament Street, New Delhi as and when actual payments against indi- vidual contracts are made by them to the overseas suppliers. While reporting the payments, the im- porter should also indicate briefly the purposes to which the equipment imported against each con- tract has been| being put to. These reports should be sent to the Controller of Aid Accounts Sc Audit, Ministry of Finance, Department of Economic Affairs, UCO Bank Building, Parliament Street, New Delhi within one week of the actual pay- ments having been made.

MISCELLANEOUS

28. The goods imported under the licence should be used with due dcligence and efficiency. For a minimum period of four years from the date of delivery of the goods imported under the licence, the importer shall (i) maintain all the relevant records necessary to identify such goods and their use, (ii) furnish or cause lo be furnished to the Government of India inch information as may be requested, concerning the expenditure of the proceeds of the Credit and the goods and services acquired out of such proceeds, and (iii) enable representatives of the Government of In- dia and the Swedish International Development Authority to study the use of such goods and ser- vices if they so request.

29. The Government of India will not under- take any responsibility for disputes, if any, which may arise between the Indian importer and the foreign supplier.

30. The Indian importer shall promptly comply with any directions, instructions or orders issued by the Government from time to time regarding any and all matters arising from or pertaining to the import licence and for meeting all obligations under the grant agreement with the Swedish Authorities.

31. Any breach or violation of any of thc conditions prescribed herein will result in appro- priate action under the Imports and Exports (Control) Act, 1947, and orders issued thereunder,

ANNEXURE—I (In duplicate) [para 21(iv)]

To

The Secretary, Ministry of Finance, Department of Economic Affairs. I. A. Section, North Block, New Delhi.

Subject : Indo-Swedish Development Cooperation

Agreement, 1983—Import under

Sir,

In connection with the import of

> . • (short description of the goods and services) under the above Agreement, we furnish the following particulars :—

(a) Name and Address of Importer

(b) Import Licence :

(i) Nnmber

(ii) Date

(iii) Amount

(iv) Valid upto

(a) for contracting (b) for shipment

(c) Number and address of the foreign sup-

plier :

(d) Date of the contract : :

or

Date of suppliers' final letter of acceptance of the order :

(e) Short description of the goods to be

imported : :

In foreign In equivalent currency Indian Rupees

(f) Value of the contract : F. O. B. Price : Freight : Insurance :

Totol

Value of shipment in

Date Foreign currency

(g) The different dates on which the equip- ment will be shipped or services per- formed, the value of each shipment, or service performed, based on the deli- very schedules as stipulated in the con- tract.

Amount in foreign

Date Currency

(h) The date on which payments under the

contract will fall due

(i) in respect of advance payment

(i) other payments

(iii) Indian Agent's Commission, if any ?

(j) Name and full address of the foreign banker with whom the Letter of Credit will be established :

(i) Name and full address of the dealers bank authorised in foreign exchange through whom arrangements for opening a Letter of Credit will be made :

2. Four certified copies of the contract (or four copies each of the order and the letter of accept- ance and of the amendment (if any), and , two

photostat copies of the import licence are en- closed.

3. The selection of the foreign supplier has been made on the basis of international enquiry and a statement of the orders received is enclosed) The goods are of Swedish origin and a certificate of the origin of goods from the foreign supplier is attached.

4. You are requested to get the contract ap- proved for financing under the Indo-Swedish Dev- elopment Cooperation Agreement, 1983, and issue authorisation for payments to the suppliers through their bankers, mentioned above.

Yours faithfully,

11

thrity days from the date of this letter under inti- mation to the Controller of Aid Accounts & Audit, Ministry of Finance, Department of Economic Affairs, UCO Bank Building, Parliament Street, New Delhi.

4. Before opening the Letter of Credit, it may please be ensured that the Indian Importer is in possession of a valid Import License.

5. In terms of Chapter 13B—8 of the Exchange Control Manual, you are required to ensure that the date of the expiry of the letter of Credit is not later than seventy five (75) days after the final date for shipment stated in the relative import licence.

(Licencee)

ANNEXURE—II

6. The Letter of Credit will also provide that

Messrs. —

(foreign banker)

(Para 22)

No. F.

Government of Tndla

Ministry of Finance

(Department of Economic Affairs)

New Delhi,

Letter of Authority No. G. I.|SJ.. .

To

(Indian Banker)

Subject : Contract entered under Indo-Swedish Development Cooperation Agreement. 1983, General Imports [Swedish Import Segment :

Dear Sirs,

Messrs- Indian Importer-' ——-—have en-

tered into a contract with Messrs.—————

foreign suppliers— ————-for the supply of for the amount of •— CIF|C&F under the Indo-Swedish Development Cooperation Agreement, 1983 against Licence No. dated issued thereunder for the value of Rs. . A copy of the contract is enclosed.

2. Out of the above amount of an is to be paid as amount of Indian Agent's Commission in Indian currency. The sum to be paid to the supplier in foreign currency which will be financed out of the Swe- dish Grant] assistance will therefore amount to

3. You are authorised to open a Letter of

Credit for

in favour of Messrs.

(Foreign Supplier))

will forward directly to the Controller of Aid Ac- counts & Audit, Ministry of Finance, Deptt of Economic Affairs, UCO Bank Building, Parlia- ment Street, New Delhi, one set of non-negotiable shipping documents as each payment is made.

7. You are also requested to forward to the Controller of Aid Accounts & Audit, Ministry of Finance, Department of Economic Affairs, UCO Bank Building, Parliament Street, New Delhi, one additional copy of the Form 'Al* showing parti- culars of remittances made to the foreign supplier in terms of para 25 of the Licensing Condition for imports under Indo-Swedish Development Co- operation Agreement, 1983, dated 15 September, 1983 as soon as the payments are made.

8. Receipt of this letter may please be acknow-

ledged.

Yours faithfully.

Under Secretary to the Government of India.

1. Copy with a copy of the contract forwarded to Reserve Bank of India, Exchange Control De- partment,

2. Without, enclosures forwarded to :

(1) (Indian importer) (2) (foreign supplier) (3) (foreign banker)

It is requested that on each payment, one set of shipping ond other documents (non-negoti- able) alongwith payment advice may be forwarded direct to the Controller of Aid Accounts & Audit, Ministry of Finance, Department of Eco- nomic Affairs, UCO Bank Building, Parliament Street, New Delhi-110001 (INDIA).

4. Controller of Aid Accounts & Audit with a copy of the contract and that of the import licence.

5. Reserve Bank of India, Exchange Cont-

rol Department, Bombay.

Under Secretary to the Government of India.

ANNEXURE—HI

(Para 26)

REPORT SHOWING DETAILS OF REFUNDS FROM FOREIGN SUPPLffiRS|SHIPPERS|IN- SURERS TOWARDS SETTLEMENT OF CLAIMS FOR SHORT LANDING, DAMAGES, ETC. IN RESPECT OF IMPORTS

1. Name of the Indian Importer.

2. No. and date of import licence.

3. Value of the Import Licence.

4. No. and date of Letter of Authority.

5. Amount of refund received.

6. Nature of refund.

(give brief details)

7. Reference to the relative Foruu. *A1* under which payment was made initi- ally to the foreign suppliers (indicate name of the Indian Banker and refer- ence to their letter No. and date, for- warding form 'AT to Ministry of Fin- ance).

8. Whether or not refunds received arc to be utilised for replacement of goods: ii not, confirm that amount has been actually received by inward remittance of foregin exchange and encashed into rupees.

9. Any other necessary particulars.

(Signature of the Authorised

Officer of the Importing Firm)

PRIMTBD MY THE MAJTAOU, GOVT. OF JStOA MtESS, I MO ROAD, MBW DBUSI-110064

ANB FUBUSffKD SY TUB C O i m O L U fc "P PUBLICATIONS, DELHI-110054, 1 9 84