Symbiosis Institute of Management StudiesPune

EXIMFormation of an Organization And Registrations for Exports

Submitted ToDr. Aashiesh Tavkarr

Submitted ByVarsha Shukla B 23Disha Shah B 26Shruti Chakravarty B 32Aniket Jagtap B 43Bhupesh Dwivedi B 58

Formation of an Organization and Registrations for Exports

India is fast emerging as a global trade dynamo with its vast natural resources and huge supply of skilled labour. Undertaking considerable industrial deregulation and other structural reforms, regulators in India recognizes that strong exports are critical for overall economic growth and poverty reduction. As such, export-led growth has become a key driver of trade in India one of the most important trailblazers in the recent enormous expansion of international trade. Indian trade has grown exponentially over the past few years, with exports rising at a rate well above the pace of growth of worldwide exports. In this atmosphere, opportunities have never been greater, and starting a trading business in India has never been easier.

Establishing an Export Organization in IndiaStarting an export-import business with the right strategies can render a business very profitable. However, the long term success and profitability of an import business depends greatly on the knowledge and understanding of international procedures in addition to a keen analysis of the foreign and procedure-centric market in India. So, to execute a successful dive into the pool, one must follow a time-tested and exact set of steps, which are generally rigid and absolutely necessary. Furthermore, it is important for prospective investors looking to start an export-import business in India to obtain all of the necessary information with regard to matters associated with foreign trade agreements, which thus requires a lot of preparation time.Here is a short flowchart detailing the process below:

Motivations for forming an export organizationThere are same basic economic reasons which influence a company decision regarding participation in export business. Such reasons can be treated as motivators for export organization formation. These motivational factors are as follows.

Rate of profit The rate of profit in export business is normally higher as compare to rate of profit in domestic marketing. The unit value realization of export products normally increases. Such progressive improvement in the unit value of realization is one reason which acts as a motivator for exporting.

Sales and production stability Export marketing may enable a firm to maintain sales and production stability. For example, in the case of seasonal products, exporting may help to achieve sales stability, because the seasons may be opposite in certain export markets. For example woolen clothing.

Inadequate domestic demand The level of domestic demand may be insufficient for utilizing the available production capacity fall, i.e. at the optimum level. Here, the company enters in export marketing so that the available production capacity will be utilized fully for meeting domestic demand and demand from abroad. This is one motivational factor for export marketing.

Economic growth Growth is another major reason for internationalization. The growth potential of many foreign markets is a very strong attraction for foreign companies. Several developing countries, like China, and India, have been growing at a much faster rate than the developed countries. Many multinational companies are eager to establish their foothold in such countries, considering future potential.

Reducing business risks Geographical diversification facilitates distribution of business risks among different export markets. Even the risks in internal marketing can be reduced by undertaking export marketing. A diversified business spreads business risks among different markets.

Information and media Revolution There has been tremendous growth in the field of information and media. For example, internet facility has given a big boost to a global trade. Now, business firms can conduct global operations with much investment in setting up elaborate offices. Business activities in other countries can be conducted through information network.

Strategic vision Some firms have a strategic vision to enter in export markets. The business strategy of such firms includes systematic international growth. Therefore, the stimulus for export marketing comes from desire to grow and expand, need to become more competitive.

Accepting social responsibility Export promotion is a collective responsibility of all social groups including business enterprises. Some large enterprises accept this social obligation and participate in export marketing. Here, social responsibility acts as a motivation for export marketing. Government policies Government policies and Regulations may also encourage the companies for international marketing. Some companies export and invest in foreign countries to avail economic incentives, and benefits provided by the government. Also some companies internationalize due to governments emphasis on import development and foreign investment. In India, certain companies export in order to fulfill their export obligation.

W. T. O. Due to WTO, member nations have reduced a number of restrictions on foreign investment, and trade in goods and services. For example, the custom duties have been reduced world wide. This has motivated business firms to enter in the global markets to a greater extent.

Registering a Company in India In order to register any kind of company in India, the proposed director(s) of the company must first apply for a Director Identification Number (DIN), which can be obtained by submitting an application to Indias Ministry of Corporate Affairs. To receive the number, the individual applicant must also submit his/her proof of residence, proof of identity and a current coloured photo. Once the number has been obtained, the director may then begin the process of incorporating the company. In order to legally register and incorporate a company, an application must be filed with the Registrar of Companies (ROC) of the state in which the company is proposed to be incorporated. Afterwards, a registration application, which should be accompanied by the names of the companys directors, Memorandum of Association, Articles of Association and the following relevant documents, must be submitted to the ROC as well. In total, the documents to be submitted include: Memorandum of Association; Articles of Association; Company agreement, if any, which includes all individual appointments (i.e., director, manager, etc.); A copy of the letter of the Registrar of Companies documents certifying payment of prescribed registration and filing fees; All documents evidencing directorship and company structure; and Registered Office Forms and Declaration of Compliance with the Requirements of the Companies Act.

When the above requirements have been fulfilled, the Registrar of Companies will register the company and issue a formal Certificate of Incorporation. Once the company has been registered and incorporated as an Indian company, it can then begin proceedings for export and import-related matters. The entire registration procedure takes about three months.

Types of import/export organizationThere are five common forms of corporate organization in which you can set up your import/export enterprise: the sole proprietorship, the partnership, the corporation, a limited liability company (LLC), and the subchapter S corporation. Each form has specific advantages and liabilities.

1. The sole proprietorshipIf you plan on keeping things small, prefer not to share ownership with anyone else and will be dealing in relatively simple, safe products or services, then a sole proprietorship is the way to go. A sole proprietorship is usually taxed on income, property and payroll. A typical sole proprietorship might be a neighborhood flower shop, hot dog stand. The downside of this corporate form is the unlimited liability you incur. Since your sole proprietorship is not legally recognized as an independent entity apart from your personal assets, it can be used to satisfy creditors if you run into serious financial difficulties in the course of your business operations. Also, the price you pay for your independence is unlimited responsibility -- you wear ALL the hats by yourself! This is perhaps the best reason for limiting the size of your company, too. Think through what kind of commitment you're willing to make before you choose this form. A sole proprietorship is usually established simply by filling out a standard business form purchased from an office supply store or you might conduct a search online to find the appropriate form. Include your name, notarize it and send the form with a check (cashier's or certified) or money order to your county clerk's office. Call the office or your local chamber of commerce to verify that this is the right procedure and to find out the amount of the fee. In order to protect your new business, it is prudent to run a classified ad in the business section of your local newspaper announcing the launching of your enterprise, along with its assumed name and location.

2. The partnershipIf you prefer to share liability, responsibility and profits with another person, then a partnership is for you. As with a sole proprietorship, you will be taxed on an individual basis for your share of the partnership, but you will need to expend legal fees to have your articles of partnership drawn up. Many people prefer the security a partnership can offer, but keep in mind that a partnership is very much like a marriage: everything that happens to one of you, good or bad, impacts both of you. Also, if your business partner walks out on you, it's as bad as or worse than being dumped by your spouse, especially if the terms of dissolution have not been negotiated at the outset of your relationship -- your whole livelihood could be wiped out! a partnership is established much like a sole proprietorship -- by filling out the form, notarizing it and sending it in with the appropriate fee to the county clerk -- but you will also need to draw up a written contract known as the articles of partnership. This contract states the salaries of the partners, how profits and losses are to be distributed, and what happens if one of the partners wants out.

The most common type of partnership is the limited partnership, in which one or more partners give up participation in management decisions in exchange for limited liability, and at least one partner has unlimited liability. Less common is the general or regular partnership, in which all the partners have unlimited liability. In a general partnership, the personal assets of the partners can be seized when the firm defaults on its obligations. A typical partnership might be a real estate venture, law firm or consultancy practice.

The advantages of a partnership are obvious: a larger financial base perhaps a better credit standing (based on one or both of the partners' wealth), more brainpower and more labor to go around.

The disadvantages are that, particularly in a general partnership, you are subject to unlimited liability -- not just your own, as in a sole proprietorship, but quite possibly your partner's as well if he or she cannot fulfill financial obligations. You also may be faced with the involuntary dissolution of the partnership if your partner dies or becomes disabled or insolvent, and difficulty in transferring or selling your interest. Your recourse in any of these eventualities will be determined by what your contract states. These disadvantages may cause you to prefer to limit the size and scope of your business operation. Discuss this option thoroughly with your accountant and attorney so you are sure you're not incurring more risks than advantages.

3. The corporationIf you want to separate your business affairs from your personal life, limit your liability, be able to get out of the business easily if need be, and aspire to grow a huge business, then you'll want to set up as a corporation. You will be taxed on a corporate basis (on the corporation's net profit) AND on a personal income basis (on your salary and other compensation). Corporate and personal income are taxed at different rates and are treated differently; this is a complex topic and lies outside the scope of this discussion.

It generally costs more to set up a corporation than a sole proprietorship or partnership because of the more involved procedure of incorporation and issuance of shares of stock. You can set up yourself by purchasing a how-to kit online, but I don't recommend this route. Let your attorney handle it, and ask first how much it is going to cost you to incorporate. Fees for a typical incorporation start at about U.S. $1,000. The major parties in a corporation are the stockholders, the board of directors and the officers. In the beginning, one person can hold all of these offices and then pass them along as thebusiness expands.You can lay the foundation yourself, and then build as big a company as you want upon it. That's the beauty of incorporating.

Some of the most interesting advantages of the corporation, though, arise from the fact that it's both a human and an impersonal entity. If you set it up by yourself, you're it -- but you can walk away from it and, legally, it's still a going enterprise. It is a self-contained entity governed by its own laws; it can sue or be sued; it can receive customer complaints or charitable donations. Best of all, no matter what happens with the business, your personal assets will be protected insofar as you will not lose more than your investment in the business to date -- provided, of course, that you did not incorporate to cover up your own misconduct (such as intentionally selling a harmful product)!The corporation is the dominant form of business and is usually set up with the intention to operate on a much grander scale, to diversify and to maximize profits. You can raise capital for your corporation by selling shares of stock or by pledging the stock as collateral to a person or entity who is willing to loan you money. However, the biggest drawback to a corporation is its greater tax liability. It is generally taxed higher than sole proprietorships and partnerships which, as mentioned earlier, are taxed only on the owners' personal income. In addition, a corporation must pay assorted franchise and state taxes. Plus, there's a whole array of corporate documents that must be kept: articles of incorporation, bylaws, minutes of shareholders' meetings and records of issuance of stock certificates, for example. Furthermore, your shareholders are the ultimate owners of your company, and that ownership gives them the right to receive dividends, review corporate books and records, and hold or sell their stock. The larger you become, the more likely you are to consider maximizing everyone's investment. A typical corporation might be Verizon, Starbucks, Apple or Motorola.

4. The limited liability company (LLC). An LLC oftentimes blends the best of both enterprise worlds: corporate and partnership structures and refers to its parties involved as "members." These members can be individuals, corporations and even foreign entities. An LLC allows you to collect profits through the company without paying corporate taxes (referred to as pass-through income taxation) in many states and like a corporation, provides limited liability. Flexible in nature, it works best with a single owner yet there is no maximum number of members. LLCs do not necessarily always need to be established for a profit.The primary disadvantage to an LLC is that many individuals are still not that familiar with it so it may be difficult to raise capital for this type of structure. Investors are accustomed to and more comfortable investing funds in better-understood corporations.5. The subchapter S corporation. This form of organization is like a regular corporation in all but a few respects. Besides a regular corporation's advantages of limited liability and protection of personal assets, a subchapter S corporation enables you to avoid the double taxation normally associated with the distribution of corporate earnings to the firms' shareholders, since corporate income is taxed as the direct income of the shareholders whether it is distributed to them or not. It costs about the same to set up as a regular corporation. A typical subchapter S corporation might be a small private-label food company. A subchapter S corporation has a limited number of shareholders, who may be individuals, estates, or trusts, but not other corporations. The obvious disadvantage here is that the limitation on the number of shareholders accordingly limits your ability to raise capital. Also, there are special circumstances in which a subchapter S corporation is taxed more stringently than a regular corporation.

Registration of Exporters Registration with Reserve Bank of India (RBI) Registration with Director General of Foreign Trade (DGFT) Registration with Export Promotion Council Registration with Commodity Boards Registration with Income Tax Authorities

1. Registration with Reserve Bank of India (RBI):Prior to 1997, it was necessary for every first time exporter to obtain IEC number from Reserve Bank of India (RBI) before engaging in any kind of export operations. But now this job is being done by DGFT.

2. Registering with the Director General of Foreign TradeIn the Government of India, the Ministry of Commerce and Industry is the largest and most important agency concerned with the promotion and regulation of the foreign trade in India, and has an elaborate organizational structure aimed at the facilitation of the various aspects of trade. There are two departments under the Ministry of Commerce and Industry. The first one is the Department of Commerce (DoC) and the second is the Department of Industrial Policy & Promotion (DIPP). In India, exports and imports are regulated by the Foreign Trade (Development and Regulation) Act, 1992, which provides the government with significant control of export-import policy and procedures.

In terms of interaction with investors, however, one of the most critical and active bodies concerned with the import and export of goods in India is the Director General of Foreign Trade (DGFT). Operating as an arm of the Ministry of Commerce and Industrys Department of Commerce, the DGFT is the agency responsible for virtually all matters related to Indias export/import policies. Some of its major resources are also devoted to the execution of all foreign trade laws passed by the central government and the maintenance of an up-to-date database of all of Indias exporters and importers.

For all first-time exporters or importers, Indian law requires that you register with the DGFT which in turn will provide your business with a unique IEC Number. The IEC Number is a ten-digit code required for both exports and imports, and it will be checked by Indian Customs during every single import/export transaction. For almost all import businesses, an IEC number is absolutely necessary; however, certain exceptions do exist. If you are importing items from Nepal, Myanmar (through the border), China or a small number of selected ports and locations around India, then an IEC number is not mandatory, provided that the value of individual consignments does not exceed Rs. 25,000.

To apply for an IEC number, you must submit the required document called the Aayaat Niryaat Form (ANF2A) to the nearest regional authority of the DGFT. This form can be submitted online, via post or in person.

How to obtain an IEC number with DGFT with branch code?If you need to export or import from India, you need to obtain an Import export Code IEC from Director General of Foreign trade within the jurisdiction office of your firm situates. Without an IEC code, no movement of goods from/to the country to outside is allowed. DGFT procedures to obtain an IEC number are too liberalized now days. As per the recent notification, the following documents are required to obtain an Import Export Code. Further, in order to obtain the code, the entity seeking to export or import goods must submit the following items as well:

Two passport-size photographs of the legally responsible person; Permanent account number (PAN) - The PAN is another ten-digit code that is necessary for many financial transactions in India, and it can be obtained by submitting an application accompanied by the applicants proof of residence and identity. The other two documents are obtained simply by opening a bank account. Current bank account number; and Bankers Certificate.

Details1. Bank receipt / demand draft against application fee. This fee is INR 1000.00 while writing this article. You may re-clarify with DGFT before applying. 2. Application form in prescribed format issued by DGFT for issue of Import Export Code number. This application for is prescribed in Appendix 21B.2. 3. Please attest the application for IEC with you banker where in you have opened current account in the name of firm to operate export import activities. 4. Self attested copy of Permanent Account Number PAN issued by income tax authorities. 5. Two copies of passport size photographs of the applicant. You need to attest the said passport size photographs with your authorized bank. 6. If any partner or partners are non resident interest or holding in the firm or company exists with repatriation benefits, you need to attach a self certified copy of Reserve Bank of India approval on the same.

Where to get an IEC from? IEC can be obtained from any of the Zonal and Regional offices of Director General of Foreign Trade depending on area/region where the individual/company is located. No person shall make any import or export except under an Importer-exporter Code Number granted by the Director General or the officer authorized by the Director General in this behalf, in accordance with the procedure specified in this behalf by the Director General.

Need/Use of IEC IEC forms the primary document for recognition by Government of India as an Exporter/Importer. On the basis of IEC, companies can obtain various benefits on their exports/imports from DGFT, Customs, Export Promotion Council etc. Application procedure

An application has to be submitted online at DGFT web site http://dgft.gov.in duly filled in along with documents as per the Para 2.9 of Handbook of Procedures of Vol I 2009-14 and fees. An application for grant of IEC shall be made by registered office to concerned regional authority in Aayat Niryaat Form (ANF 2A) with the below mentioned documents.1. Certificate from the Banker of the applicant firm.2. Copy of Permanent Account Number (PAN) issued by Income Tax Authorities.3. Three copies of passport size photographs of the applicant.4. Address proof of the applicant firm / individual.5. Details of Partners / Director / Proprietor / Trustee & there complete details, List of branches, Regd off, Head office, factory located in India & abroad with contact details.(a) In case of Limited companies (both Private and Public Ltd.):1. Extract of Board Resolution in favour of the applicant.2. Memorandum of Association along with Certificate of Incorporation.3. Form 32 in case of change of Directors and Form 18 in case of change of Registered office-wherever applicable.(b) In case of Partnership firm:4. Notarized Partnership Deed showing date of formation of the firm.5. No Objection Certificate from other Partners/HUF.

An IEC number once allotted, shall be valid for all its branches/divisions/units/factories as indicated in the IEC. While applying for registration, care shall be taken to include all desirable addresses of branches/divisions/units/factories. Address proof for the same would be required. Validity is for life.

Steps to get the IEC :1. Covering letter on your companys letter head for issue of new Import Export Code.2. Two copies of the application: Application form Import Export Code India. These information are required in the import export code application form:a. Contact Details of IEC applicantb. Import Export Code Indiac. Import Export Code Indiad. Details of the import export code applicant firme. Company structure / nature of concern (PLC, PVT LTD, Partnership, etc.)f. Type of exporterg. Bank account detailsh. Pan detailsi. IEC Applicants fee details 3. Certificate from the banker of the company : Import Export Code Banks Certificate4. Declaration/Undertaking > Import Export Code Declaration In case of a non-Indian company (foreign direct investment in India)> a copy of Form-FC-GPR along with Unique Identification Number issued by the Reserve Bank of India in respect of shares allotted to parent company 5. Self-certified copy of Permanent Account Number (PAN) issuing letter or PAN Card issued by Income Tax Authority in the name of the company. This can be certified by any of the directors of the company under its companys stamp.6. Two copies of passport size photographs of the applicant of the import export code duly attested by the banker of the applicant. A photograph of Managing Director or any other authorised person will need to be given.7. Certified copy of board resolution granting approval for submitting application for IEC > Import Export Code Board Resolution.8. A copy of Certificate of Incorporation, Memorandum and Articles of Association; duly certified by a director under companys stamp. 9. If there is any change in directors from the date of incorporation then a copy of form 32 filed with the registrar of companies will need to be submitted. This also needs to be certified by a director of the company under companys stamp.10. Self-addressed envelope with INR 25/- postal stamp for delivery of IEC certificate by registered post or bank draft of INR 100/- for speed post.

When can an IEC be obtained after submitting documents?Normally, if all documents are in order, Import Export Code is issued by DGFT within two working days. However, by taking in to consideration of transit time, you can expect to receive IE code through post office to your official address within 10 days after submitting documents subjected, all submitted documents for Import Export Code are in order.

AD code - Authorized Dealer Code - registration with customsOnce you obtained IEC if you intend to do export or import, you need to register your IEC and Authorized dealer code details with the port through which you are exporting or importing. If you are going to export by sea, you need to register with sea port customs and if by air, with airport customs also. You can appoint a customs house agent to get the job done on behalf of you. Along with the Authorized AD code letter received from your bank though which you are going to transact your foreign trade; you need to attach a copy of IEC with a covering letter on your letter to be applied with customs officials. The customs officials normally finish these formalities within an hour.

3. Registering with the Export Promotion CouncilAfter completing your initial registration, the next step is to register with the Export Promotion Council (EPC). The EPC, which has branches all over the country and offers procedures based on provincial laws, is a non-profit organization established to promote various goods exported from India in international markets. They are supported by financial assistance from the Government of India. The role of the EPCs is to project countrys image abroad as a council of reliable suppliers of high quality goods and services. The EPCs encourage and monitor the observance of international standards and specifications by exporters. The EPCs keep abreast of the trends and opportunities in international markets for goods and services and assist their members in taking advantage of such opportunities in order to expand and diversify exports.Export promotion councils are to promote exporters to earn foreign exchange from overseas. Most of the countries have export promotion councils in their own countries to boost overseas market of products manufactured in their country. Many export promotion councils are in international trade. Most of them are on product-wise organizations. If you are manufacturer exporter, you need to obtain Registration-cum-Membership Certificate to claim benefits under FTP.The EPC also works closely with the Ministry of Industry and Commerce, acting as a platform for interaction between the exporting community and Indias central government. Given its function, exporters should regard the need to obtain a registration and membership certificate from the EPC as paramount. In order to apply for registration from the Council, a certified copy of the already-provided IEC number is required. Further, those wishing to register with the EPC will also be required to submit a membership fee (which varies by location).

EXPORT PROMOTION ORGANISATIONS IN INDIA Agricultural and Processed Food Products Export Development Authority (APEDA):Animal Products, Cereals, Floriculture and Seeds, Fruits and Vegetables, Processed Fruits and Vegetables, Other Processed Food Apparel Export Promotion Council:Readymade Garment excluding Woolen knitwear and of leather, silk, jute hemp. Chemicals Pharmaceuticals & Cosmetics Export Promotion Council, (CHEMEXCIL) Basic chemicals namely drugs and Fine chemical Dyes Intermediate, Alcohol and coal Tar Chemicals, Organic chemicals, Agro-chemicals, Glycerin, Soaps, Detergents Cosmetics & Toiletries, Processed Talc. Agarbathi, Essential Oils, Dehydrated Culture Meida and crude. Carpet Export Promotion Council: Handmade/Woolen Carpets, Rugs, Durries, Druggets and Namdhas including handmade Silk carpets. Cashew Export Promotion Council of India: Cashew, Kernels. Chemical & Allied Products Export Promotion Council: Chemicals and Allied Products namely, Glass and Ceramics Paints, Rubber products including Tyres and Tubes, Paper and Paper Products including Books , Journals, Periodicals, Safety Matches, Fire Works and Explosives, cement Products Marble, chips Adhesive Shellac-compound Photo-typeset Films and micro films, Wood Products. Cotton Textile Export Promotion Council: Cotton Textiles Coffee Board: Coffee Coir Board: coir and coir products Electronic & Computer Software Export Promotion Council: Electronic, goods, Computer Software and related services. Engineering Export Promotion Council: Engineering Goods, Stainless Steel Products Fabricated Mica, Mica based Engineering products and Construction Services. Gems & Jewellery Export Promotion Council: Gems and Jewellery Export Promotion Council for Handicrafts: Handicrafts Handloom Export Promotion Council: Handloom Products Handicrafts & Handloom Export Corporation: Handicrafts & Handlooms Office of the Development Commissioner for Handlooms : Promotion of Handlooms Export abroad. Development Commissioner for Iron Steel:Promotion of Iron & Steel Exports abroad. Indian Silk Export Promotion Council: All Natural silk fabrics made ups, garments machine made carpets Council for Leather Export: Finished Leather, Lexprocil Leather goods, Chrome tanned hides and skins, Chrome tanned crust leather, E.I. tanned hides and skins and E.I. crust Leather Marine Products Exports Development Authority (MPEDA):Sea Food Construction Council of India:Overseas Project Construction and civil Projects Engineering. Power loom Development and Export Promotion Council: Plastics, toys, Polyester Film and Allied Products, Human Hair and Human Hair Products. Rubber Board: Rubber and rubber products Shellac Export Promotion Council: Shexprocil Lac in all its forms. Sports Goods Export Promotion Council: Sports Goods Spices Board: spices Silk Board: silk and silk products Synthetic & Rayon Textiles Export Promotion Council: Silk rayon Cellulosic and Non, cellulosic Products, Blended Products from Mixtures of cotton/cellulosic and Nylon/Polyester fiber or yarn, and Acrylic knitwear. Tea Board:Tea and Tea products Tobacco Board: Tobacco and Tobacco products Wool & Woolens Export Promotion Council : Warmth Woolen Textiles, Hosiery Knitwear, Mixed Fabrics and Machine made Woolen Carpets and Rugs and Druggets Flex Yarn and Flex Products Acrylic, Knitwear. Service Export Promotion CouncilIf the product or service has not been included in the above, you can approach Regional Licensing Authority to get Registration Cum Membership Certificate (RCMC) for your firm.

RCMC registration proceduresMany government agencies support exporters in various levels to boost the export of the country and such agencies extends all supports including financial supports to exporters. In order to avail such benefits, an exporter needs to register their product and obtain Registration Cum Membership Certificate from the respective agencies which deal under specific goods separately. As per the Foreign Trade Policy, a Status Holder exporter is required to get a Registration-cum-Membership Certificate (RCMC) from FIEO for availing various benefits under the Policy. RCMC is also required for getting certain benefits from the Customs and Central Excise authorities. For registration purposes, FIEO has been recognized by the Government as an Export Promotion Council. In order to obtain an RCMC, the exporter is required to mention his/her main line of business on the application made to the EPC. Registration Cum Membership Certificate (RCMC) is issued by Export Promotion Councils/Commodity board/Development authority or other competent authority as prescribed in FTP or HBP Vol1. Any firm applying for an Authorization to import/export or avail any other benefits / concession under FTP is required to furnish valid RCMC. The current procedure for furnishing RCMC information is manual. IEC holder submits the RCMC certificate in physical form to concerned Regional authority. RCMC details are keyed in into DGFT IEC database. As a part of G2G message exchange initiative, it is now decided to exchange RCMC information electronically through EDI with Export Promotion Councils (EPC). This will provide accurate and updated information about RCMC and also reduce the hardship to trade as furnishing of physical copy of RCMC will be dispensed with.The Registration Certificate will be valid for a period of five years, ending 31st March of the licensing year subject to continuation of the membership of the council every year. The certificate shall be deemed to be valid from 1st April of the licensing year in which it was issued. FIEO-India's Premier Institution for International TradeThe Federation of Indian Export Organisations represents the Indian entrepreneurs's spirit of enterprise in the global market. set up in October, 1965, the Federation, known popularly as "FIEO", has kept pace with the country's evolving economic and trade policies, and provided the content, direction and thrust to India's expanding international trade. As the apex body of all Indian export promotion organisations, FIEO works as a partner of the Government of the India to promote Indian exports. The Federation represents the interests of professional Government-recognised exporting firms viz., Export House/Star Export House/Trading House/Star Trading House/Premier Trading House, consultancy firms, service providers and also non-status holders. Besides promoting exports of merchandise FIEO is also involved in promoting exports of services. Besides the professional exporting firms, FIEO also has members representing Banks, Export Management and Training Institutes, Clearing and Forwarding Agents, Trade Associations, Chamber of Commerce, Export Promotion Councils, Commodity Boards and Authorities.

The diverse activities of FIEO include dissemination of market information, organising /participating in national/international workshops/seminars/buyer-seller meets/trade fairs etc. FIEO works as an exporters partner and helps to resolve their problems by taking up their causes with the concerned authorities, both, at the State and Central level, organising meetings with policy and decision-makers etc. In essence, FIEO represents directly or indirectly, over 100,000 exporters across India. Exports by FIEO members comprise a wide spectrum of products including Gems & Jewellery, Textiles, Garments, Engineering Goods, Leather and Leather Products, Handicrafts, Chemicals and allied products, Cosmetics, Drugs and Pharmaceuticals, etc. as well as a wide range of Consultancy Services covering Infrastructure, Engineering, Industries, Cement, Leather, Paper & Rubber Industries, Agro-based Industries, Small Scale Industries etc. Membership of FIEOAs per the current Foreign Trade Policy an exporter is required to get a Registration-cum-Membership Certificate (RCMC) from an Export Promotion Council to avail the various entitled benefits under the Policy. RCMC is also required for getting certain benefits from the Customs and Central Excise authorities. For registration purposes, FIEO has been recognized by the Government as an Export Promotion Council.An exporter holding recognition certificate issued by the Directorate General of Foreign Trade as Export House/Star Export House/Trading House/Star Trading House/ Premier Trading House can obtain RCMC from FIEO. An exporter has also the option to obtain RCMC from FIEO if the products/services exported by them are not covered by any EPC. Exporters of multiple items can obtain Registration-cum-Membership Certificate (RCMC) under the Multi-Products Group Category of FIEO. Registration from FIEO offers double advantage to the exporters. It entitles exporters to the benefits under the Foreign Trade Policy and also the services and global reach of FIEO the countrys apex body of all export promotion organizations. An exporter who does not wish to obtain RCMC can also get enrolled as a member of FIEO under individual Exporter Category and avail FIEOs services. The annual (April-March) membership subscription under different categories are: 1.Individual Exporter..Rs. 6,250.002.Multi-Products Group.Rs. 6,250.003.Service Providers .Rs. 6,250.004.EPZs/EOUs ...Rs. 9,375.005.Export House ..Rs. 9,375.00plus 12.36% Service Taxw.e.f. 1.4.2012

6.Star Export House . Rs. 12,500.007.Trading House.Rs. 25,000.008.Star Trading House .... Rs.50,000.009.Premier Trading House... Rs. 93,750.0010.Consultancy Firm .. Rs. 6,250.0011.Bank/Banking Institute .Rs. 12,500.0012.Clearing and Forwarding Agent . Rs. 6,250.0013.Trade Association/Chamber of Commerce .. Rs. 6,250.0014.Export Promotion Council, Authority and Commodity Board Rs. 6,250.0015.Export Management and Training InstituteRs. 6,250.00(A processing fee of Rs.1000/- is applicable for new registrations)An exporter, who does not wish to obtain the RCMC and claim benefits under the Foreign Trade Policy, can still be enrolled as a member of FIEO under its Individual Exporter Category. RCMC is issued for categories No.2 to 10 above. For the rest, a simple membership certificate is issued. The registration and membership of FIEO is decentralized. Desirous organizations are required to submit their membership application to the concerned Regional Office of FIEO. Exporters of Multiple ItemsIf an exporter desires to obtain an RCMC, he has to declare his main line of business in the application made to the Export Promotion Council relating to that line of business. FIEO can issue the RCMC under its Multi Products Group Category, if the export products for which registration is sought fall under at least two product groups covered by two different export promotion councils. However, Registration with the Council concerned with his main line of business is compulsory in such cases.

Service ExportersFIEO is the registering authority for Service exporters (providers) other than Service exporters of 14 specific services as listed in Appendix -2 of HBP Vol. I.

Exporters in State of Orissa Orissa based exporters may obtain RCMC from FIEO Office in Bhubaneswar irrespective of product being exported by them.

Residual ProductsIn case an export product is not covered by any Export Promotion Council/Commodity Board, etc. RCMC in respect thereof is to be obtained from FIEO.

Renewal of RCMC Renewal of RCMC after its expiry will be considered on submission of fresh application, duly completed as per the Rules & Regulations applicable at the time of making the Application. The expired RCMC in original must be surrendered alongwith the application. Membership must be renewed before 31st May every year. Non-renewal of membership will result in automatic cancellation of RCMC. As per para. 13(a) (i) of the Articles of Association of the PDEXCIL, a member shall cease to be a member if he fails to pay the annual subscription on the expiry of a period of 2 months from the date on which the subscription or dues fall due which shall be 1ST APRIL, EVERY YEAR. Therefore members are requested to Renew their Membership by 31ST MAY EVERY YEAR not awaiting renewal bill from the Council. Extension of the last date of renewal of membership with the PDEXCIL beyond 31st May, for a further period of 1 month, upto 30th of June every year, on the representation of the member so defaulting, shall be granted by the Secretary subject to FORCE MAJEURE CONDITIONS ONLY. The member shall pay the annual subscription in full, including for the entire period of default within the time stipulated by the Secretary. If Membership is not renewed by 31st May, and for further period, if granted by the Secretary, (subject to Force Majeure Conditions Only), then the membership shall be treated as cancelled.

4. Registration with Commodity Boards: Commodity Board is registered agency designated by the Ministry of Commerce, Government of India for purposes of export-promotion and has offices in India and abroad. At present, there are five statutory Commodity Boards under the Department of Commerce. These Boards are responsible for production, development and export of tea, coffee, rubber, spices and tobacco.

5. Registration with Tax AuthoritiesIt is to a companys advantage to identify and register with all of the relevant local tax authorities if it wishes to receive all of the possible benefits associated with exports and imports. For instance, all goods exported from India may enjoy exemptions from value added taxes and sales taxes if properly registered. In order to enjoy the maximum level of benefits, your business should register with all of the relevant authorities, such as the regional Sales Tax Department and the Export Import Credit Guarantee Corporation both of which have different procedures that vary from state to state.Additionally, if a business intends to export goods, then the business must undertake to register with the relevant regional branch of the Indian Chamber of Commerce. The major export-related function of the Chamber of Commerce for exporters is to issue Non-Preferential Certificates of Origin to Indian exporters, in accordance with Article II of the International Convention Relating to Simplification of Customs Formalities, 1923, which requires certification that the exported goods originated in India.

Aside from Certificates of Origin, the Chamber of Commerce and other bodies also offer exporters and importers many other promotional initiatives, some of which can be very valuable to businesses unfamiliar with the local systems. For instance, once the actual process of exporting goods has begun, many other requirements must be met in order to keep Indias standards high. These requirements include finding air and maritime insurance for the exported products, adequate warehousing, and quality control resources. The various entities set up to deal with EXIM business can assist with these steps, and registering with them will also provide your business with valuable information resources and contacts that may prove invaluable in getting to know the Indian market.

Registration with central excise departmentIf your products are fallen under excisable goods, you need to register with nearest central excise department to claim necessary export excise benefits under your goods exporting. The registration has to be done within the jurisdiction where your factory is situated.

Registration with sales tax officeExporters are eligible to claim sales tax benefits against exports. So, once after completion of necessary IE code procedures, you need to register with Sales Tax authorities under your jurisdiction area where in you can obtain necessary guidelines to act as an exporter or importer.

Below is the List of Documents Required For: New Import Export Code Registration Documents Required for Export Documents Required for Import

1. New Import Export Code Registration

Proprietorship Company

Pan Card Front Back Copy (Individual) Pan Letter Copy Photos 3 Passport Size. Bank Current Account Copy Letterhead 4 Sheet SSI Certificate (For Manufacturers Only)

Partnership Firm

Pan Card Front Back Copy (Firm Names) Pan Letter Copy Authorised Partner Photos 3 Passport Size. Other Partner Photos (Each One) Bank Current Account Copy Letterhead 8 Sheet SSI Certificate (For Manufacturers Only) Partnership Deed Copy Partnership Firm Registration Copy

Private Limited Company Pan Card Front Back Copy (Firm Names) Pan Letter Copy Authorised Director Photos 3 Passport Size Board Resolution Bank Current Account Copy Letterhead 8 Sheet SSI Certificate (For Manufacturers Only Memorandum of Association Form 32 Copy (In Case of Any Director Changes Only) Form 18 Copy (In Case of Any Address Changes Only)

Public Limited Company Pan Card Front Back Copy (Firm Names) Pan Letter Copy Authorised Director Photos 3 Passport Size Other Director Photos (Each One) Board Resolution Bank Current Account Copy Letterhead 8 Sheet SSI Certificate (For Manufacturers Only) Memorandum of Association Form 32 Copy (In Case of Any Director Changes Only) Form 18 Copy (In Case of Any Address Changes Only

2. Documents Required for ExportExport from India required special document depending upon the type of product and destination to be exported. Export documents not only gives detail about the product and its destination port but are also used for the purpose of taxation and quality control inspection certification. Below is the List of Required Documents: Copy of IEC Code No. Copy of Pan Card No. Authorised Dealer Code No of Bank with Banker Details Deec Registration No or An Application Copy to DGFT with File No for Registration (If Shipment Under Deec) Drawback Bank Account No & Dbk Declaration (If Shipment Under Dbk) Copy of Factory Stuffing Permission Valuation Declaration Invoice, Packing list and are Form (If Any) Few Letter Heads Previous Shipping Copy LC or Contract Copy RCMC Copy Shop & establishment Copy Central Excise Registration Copy Sales Tax Copy Cha Authority Letter

3. Documents Required for Import: Import Export Code Cha Authority Letter Bill of Lading Original Invoice & Packing list Original Phytosanitary Certificate Certificate of Origin

Application for an Export License To determine whether a license is needed to export a particular commercial product or service, an exporter must first classify the item by identifying its ITC (HS) Classification. ITC (HS), also known as Indian Trading Clarification based on a Harmonized System of Coding, is Indias chief method of classifying items for trade and export-import operations. The ITC-HS code, issued by the DGFT, is an 8-digit alphanumeric representing a certain class/category of goods, which allows the exporter/importer to follow regulations concerned with those goods.

ITC-HS codes are divided into two different sections, or schedules. The first of these, ITC (HS) Import Schedule I, deals with the rules and guidelines related to import policies, and is comprised of 21 sections in total. These 21 sections, further divided into 98 chapters, provide detailed guidelines for classification of imported goods and regulations regarding specific items. Schedule II, called Export Policy Schedule II, deals with the regulations surrounding export policy and other issues surrounding certain exports. Export Policy Schedule II of the ITC-HS code contains 97 chapters, all of which provide thorough information about export procedures and policies, and also provide regulatory information on different classes of export items. For those wishing to find regulatory or trade-related information about any item in Schedules I and II, the DGFT maintains an up-to-date database containing codes for all items.

Should the exporter find that a license is indeed necessary for the product in question, then the exporter must file an application for the relevant license to the DGFT. The Export Licensing Committee under the Chairmanship of Export Commissioner is responsible for the consideration of such applications.

Additionally, the DGFT occasionally releases public announcements, timed to coincide with the implementation of new laws, noting that certain specified goods that are not included in the ITC (HS) Classifications of Export and Import items may be exported without a license. These announcements also detail conditions for the export of these items, which may include a minimum export price registration with the relevant specified authorities, quantitative ceilings and compliance with other relevant laws, rules or regulations.

Obtaining an Import LicenseIndias import-export laws are not considered highly restrictive by any standard, and the vast majority of goods making their way in and out of India are license-free, making them easy to administer, and profitable.That said, Indian customs laws do prohibit the import of certain items, and they also restrict the import of certain items by way of placing import conditions on them. To deal with such regulations, laid out in some of these laws, the importer must apply for an import license, which is issued by the relevant governmental import authorities. Without the necessary documents, imports run the risk of being declared unauthorized which may subject them to confiscation or refusal of entry into the country.Import licenses, which are renewable, are typically valid for 24 months for capital goods and 18 months for raw materials components, consumable and spares. Further, two copies of each import license is to be issued one will be considered the Foreign Exchange Control Copy, which is used to certify compensation for the foreign seller of the goods; and the second will be presented to the relevant customs authority for import clearance purposes.

APPENDIX

ANF 2 A

Application Form for Issue / Modification in Importer Exporter Code Number (IEC)

Part A To be filled by the Issuing Authority IEC Details--

i. IEC Number

ii. Date of Issue

iii. Issuing Authority

To be filled by the applicantsUn-attested Photograph of the applicant. Identical photograph should be used on the Bank Certificate.

Note: Please state Not Applicable wherever the information / data is not applicable to you.Fields marked * are optional. All others are mandatory1. Applicant Firm Details

i. Name

ii. Address(Registered Office in case of Companies andHead Office in case of Others)

iii. Address of all Branches / Divisions / Units / Factorieslocated in India & abroad (attach extra sheet if required)

iv. Telephone*

v. Email address (for correspondence with DGFT)*

2. Details of Proprietor / Partners / Directors / Karta / Trusteeof the applicant firm (attach extra sheet if required)

Total Number of Partners / Directors / Karta / Trusteein the applicant firm

Following information may be provided for each Proprietor / Partners / Directors / Karta / Trusteeof the applicant firm

i. Name

ii. Father's Name

iii. Residential Address

iv. Telephone

3. Nature of Concern (please tick) ( )

i. Government Undertaking

ii. Public Limited Company

iii. Private Limited Company

iv. Proprietorship

v. Partnership

vi. Others

4. Type of Exporter (please tick) ( )

i. Merchant Exporter

ii. Manufacturer Exporter

iii. Service Provider

iv. Others (please specify)

v. Merchant cum Manufacturer

5. Bank Account Details

i. Name of the Bank

ii. Address of the Bank

iii. Type of Bank Account

iv. Bank Account Number

v. Year of opening Bank Account

6. PAN Details

i. PAN Number

ii. Issuing Authority

8. Application Fee Details

Amount (Rs)Rupees

Demand Draft

Date of Issue

Name of the Bank and its Branch on which drawn

Signature of the ApplicantPlaceNameDateDesignationOfficial AddressTelephoneResidential AddressEmail Address

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