REGISTERED No. D.(D.N.)-72
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 34] NEW DELHI, WEDNESDAY, MARCH 7, 1984/PHALGUNA 17, 1905 Separate paging is given to this Part in order that it may be filed as a separate compilation
15 30 GI/83—1
2 THli GAZETTE OF INDIA ; EXTRAORDINARY [PAKT I - S E C.MINISTRY OF COMMERCE
New Delhi, the 7th March, 1984
EXPORT TRADE CONTROL
PUBLIC NOTICE NO. 8-ETC(PN)[84
Subject :—Scheme for exports under OGL : 3 of Garments & Knitwear to USA, EEC Member-States, Austria. Finland, Cana- da and Sweden from 01(01(1984 to 31-12-84.
3
F. No. 2|57i8'.liEl.—Attention is invited to public Notice No. 41 ETC(PN)|83 dated the 14th September, 1983- on the above subject,
2. Para 4(i) at page 2 of the above Public Notice shall be 'substituted by the following :—
DIVISION OF THE ALLOTMENT YEAR & APPORTIONMENT OF OUANT1T1ES AMONG PERIODS
In the case of Manufacturer Exporters System the full calendar year will be considered as one period for the purpose of allotment of quantities for export. In the case of Central |State Corporation and FCFS Small Orders Systems the year will be divided into 3 four monthly periods namely Janu- ary-April, May-August & September-December in the case of woven items and into two periods namely January-August, September-December for knitted items. In these two systems quantities for woven items will be distributed among the three periods in the ratio of 50 : 35 : 15, whereas the quantities for knitted items will be distributed between the two periods in the ratio of 85 : ] 5. For purposes of utili- sation, of past performance entitlements, the year will be divided int.) two periods. The first period would cover the first foiu" months of the calendar year; and the second, the period from 1-5-1984 to 15th October, 1984. A minimum of 50 per cent of past performance Entitlement as originally cal- culated on the basis of base period performance, should be utilised in the first 4 months i.e. upto 30-4-1984. The utilised balance out of 50% would be deemed to be automatically surrendered. Further more, the balance 50 per cent Past Perfor- mance Entitlement would have to be utilised by 15th October, 1984 and the balance quantity would be deemed to be automatically surrendered unless its validity is extended in accordance with 14(i).
3. Para 6(iv) at page 3 shall be substituted by the following :• —
TRANSFER ABILITY'OF PAST PERFORM- ANCE ENTITLEMENT
Past Performance Entitlement will be transferable either in full or in part to another registered export- er of garments 'it any time upto 15-10-84 subject to the following terras and conditions :— (
(a) All transfers of Past Performance Entitlement would only be allowed on sumbission of 10 per cent Bank Guaranty by the transferee from the date of publication of this Notice. In case where transfers have already been effected, the transferees. •will be given time of 15 days for giving Bank Guarantee @ 10 per cent from the date of this notification failing which the transferred allotment will be treated as cancelled.
(b) Shipment against such transferred entitle- ment will be counted as the exports of the trans- feree.
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART 1—SEC U(c) The transferred entitlements in the hands of the transferee will be subject to the same terms and conditions as those applicable to the traasferor.
(d) An exporter who has transferred his entitle- ment in a particular country I category to another exporter either in full or in part, will not be eligi- ble for seeking a transfer of Past Performance En- titlement from any other exporter to himself in the same country|category.
(e) An exporter who obtains entitlement by transfer fr,om any other exporter in a particular country [category, either in full or in part, will not be eligible to transfer any tntitlement to another exporter in the same countryjeatcgory.
(f) A Past Performance Entitlement holder who obtains any entitlement under FCFS Small Orders Systems in a particular country[category will not be eligible to effect any transfer from his Past Perfor- mance Entitlement in that country)category after he obtains such Small Orders Entitlement.
4. Part 14(i) at page 6 shall be substituted by
the following :—
EARNEST MONEY DEPOSITS, BANK GUARANTEE & FOREFEITURE THEREOF
In the case of Past Performance System, an exporter shall not be required to furnish any earnest money deposit or bank guarantee for quantities shipped during the period January-April, 1984. However, in respect of the remaining 50 per cent or part thereof of Past Performance Entitlement, he shall be required to furnish" EMD]Performance Bond backed by. Bank Guarantee to the extent of 10 per cent of the f.o.b. value of export entitle- ment. The last date for production of such EMD|Bank Guarantee would be 31st May, 1984. Quantities out of the balance 50 per cent or part thereof which are neither shipped out nor covered by EMDjBank Guarantee by 31st May, 1984 will be considered as surrendered. An ex- porter may further surrender part or whole of his remaining Entitlements on or before October, 15, 1984 after payment of 50 per cent of the EMDjBank Guarantee furnished by him for quantities so surrendered. The validity (if Past Performance Entitlement Certificate would be restricted to 15th October, 1984. However, vali- dity can be extended Upto 31st December, 1984 against specific contracts backed by L|C subject to submission of Bank Guarantee at the rate of 20 per cent of FOB value.
In the case of Manufacturer Exporters System an exporter shall not be required to furnish any Earnest Money Deposit or Bank Guarantee for quantities shipped during the period January- April, 1984. He^ shall be required to fumish EMD' Performance Bond backed by Bank Guarantee to the extent of 10 per cent of the f.o.b. value of export entitlements retained beyond 30th April, 1984. The last date for production of suck EMDs|Bank Guarantees will be 31st May, 1984. Shipment effected after 30th April, 1984, but before submission of EMD|Bank Guarantee (which should be before 31st May 1984, need not be covered by EMD|Bank Guarantees. Quantities which are neither shipped nor covered by EMDj, Bank Guarantees, by 31st May, 1984, will be con- sidtred as surrendered. An exporter may further surrender his entitlement, er part thereof, on or before 15th October, 1984 after payment of 50 per cent of the EMOiBank Guarantee furnished by him for quantities so surrendered.
5. Para 14(iv) at page 6 shall be substituted by
the following :—
An exporter who exports not less than 90 per cent of the export entitlement allotted to him with- in the whole year in the Manufactures Exporter System or in a particular period under the other system of allotment including the past perform- ance entitlement will not be liable to forfeiture of EMD|Bank Guarantee. An exporter perform not less than 75 per cent but less than 90 percent will be liable to proportionate forfeiture. If the utilisa- tion of export entitlement allocation is less than 75 per cent the exporter will be liable for forfeiture of EMDfBank Guarantee in full.
In the case of revalidation of Past Performance Entitlement beyond 15th October, 1984 the entire amount of BGjEMD will be forfeited unless 90 per cent of the quantity covered by the individual contracts is utilized. These provisions will bo subject to conditions of force majeure, wherever these arise.
6. Para 16 at page 7 shall De substituted by the
following :—
MERGER OF AVAILABLE QUANTITIES
FROM I6TH OCTOBER, 1984
Notwithstanding any thing contained elsewhere in this Public Notice all balance of balance quan- titics available as on 16th October, 1984 from un- allocated levels or surrenders shall stand merged into a common pool and shall be allocated under the FCFS (Smal Order) System without any reser- vation for different segments.
7. All other provisions of the scheme notified in Public Notice No. 41-ETC(PN)|83, dated 14th- September, 19S"? will remain unchanged.
P. C. JAIN, Chief Controller of Imports & Exports.
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