Adjudication, appeal, and review proceedings under the Foreign Trade (Development and Regulation) Act, 1992, as amended, and the Foreign Trade (Regulations) Rules, 1993, as amended, will soon be available online thanks to a trade notice published by the Directorate General of Foreign Trade (DGFT) on March 1, 2021. As of the 27th of February, 2021, the module is available exclusively online.
Under the procedure, exporters must present the prescribed documentation for evidence purposes. The deadline for submitting the required paperwork must be met. A show-cause notice must be sent to the board if the submission is late or not made. Personal hearings shall be conducted via videoconference or in person at specified times and locations.
If the exporter disagrees with the adjudication order, they can appeal it using the procedures outlined in Section 15 of the Act. Do this by the deadline and pay the fine that’s been set. An online venue shall be used for the Appellate Proceedings. There will be a transition period until March 31, 2021, when appeals can be submitted electronically or manually.
The review process shall be handled entirely via the internet. The petition for review must be submitted electronically. For a personal hearing, a notice must be filed.
Any exporter or holder of an EPCG license who seeks a policy waiver must submit their request to the EPCG Committee. The EPCG Committee can waive any rule under the EPCG license or the EPCG Scheme if they see fit. Requests for extra EOP extensions beyond the current policy guidelines, additional Revalidation, relaxation in Average Export Obligation, etc., may be considered by the EPCG Committee. When a request is made, the EPCG committee looks at the situation’s specifics and decides. If the EPCG Committee rejects an exporter’s case, the exporter can request a review of the original judgment. The exporter will have to go to the PRC Committee if a request for review is likewise denied. Every decision made by the PRC Committee is final and binding.
The DGFT announced the launch of an electronic e-EPCG Committee module to receive requests for Policy/Procedure waivers in Trade Notice 05/2021-22 on May 19, 2021. The EPCG Committee has decided to accept applications for relaxation through its online mechanism exclusively. This type of application cannot be submitted manually. Everything from applying to receiving word of the committee’s conclusion would take place digitally. The Directorate would issue online deficiency letters to the exporter in response to any questions or concerns, and the exporter might also react to these letters digitally.
- EOP Extension or Total EOP Extension
- Request for Partial Block Extension of EOP Condonation
- Request for Waiver of Penalty for Late Installation Certificate Submission
- Exemption from maintaining the average export performance
- Rectification of Utilized Excess Duty Credit
- Central Excise Authority will accept a Chartered Engineer’s installation certificate in place of one given by the agency.
- Exception for incorrect EPCG license numbers listed on shipping documents.
- Revalidation Relaxation
DGFT Guru helps with the paperwork and advises on what you need to have on hand to receive a policy waiver against your EPCG license. Help filling out the Portal application to join the EPCG committee would be provided. If the issuing authority, the EPCG Committee, needs more information, we will coordinate with them.