Export Promotion Capital Goods (EPCG)

EPCG is a scheme announced by Govt of India to promote the production of quality products/services exported from India. Under this scheme, according to the Foreign Trade Policy (2015 – 20 RE 17), a company can import capital goods from other countries without any duty (0% duty). As the scheme suggests that it is for the promotion of exports, the Govt has levied an “Export Obligation” on the importer of capital goods. According to the present policy, the export obligation is six times the duty saved amount, which can fulfill in six years period.

The scheme is a boon to exporters of India. Since businesses do not have to pay vast amounts of duty upfront for the imported machinery. With the best technology available at their disposal they can manufacture best quality goods and services at a faster rate (in few cases), which will attract higher demand and better prices in the International market.

 

Additional Benefits:

    1. North East States and Jammu & Kashmir:

If your business belongs to these areas, you only have to fulfill 25% of the actual Export Obligation.

    1. Indigenous Sourcing:

If you are procuring Capital Goods from India under EPCG scheme, the export obligation is 25% less than what you will have to fulfill, if you imported the capital goods from a different country.

    1. Green Technology:

If you are importing “Green Technology” machinery then the Export Obligation is only 75% of the actual amount.

    1. Fast Track:

If you complete 75% of the export obligation including the Average Export Obligation within 3 years or less, the remaining export obligation will be condoned off.

    1. Post Export EPCG Duty Credit Scrips:

This option can be availed by the importer, where, he will import the Capital Goods by paying the duty and after completing the export obligation in the stipulated time the Authorisation holder can avail duty credit scrip from the DGFT. Export obligation in this case will be fixed at 85% of the actual export obligation.

Who can apply for this scheme

    1. Manufacturer Exporter:

Any manufacturer who exports his own products can apply for this scheme. If the manufacturer has supporting manufacturers and capital goods have to be installed in their premises, even then the EPCG scheme can be applied by the main manufacturer.

    1. Merchant Exporter:

Merchant exporters who have tie ups with manufacturers can apply for EPCG scheme for importing capital goods in the Manufacturer’s premises. However, the name of the manufacturer shall be endorsed on the EPCG Authorization.

    1. Service Providers:

Service providers who are designated / certified as a Common Service Provider by the DGFT, Department of Commerce or State Industrial Infrastructural Corporation in a Town of Excellence.

    1. Validity:

The EPCG Authorisation will be valid for 18 months. The importer has to import the capital goods within this period.

Types of exports considered for Fulfillment of EO

  1. All Physical Exports including SEZ exports
  2. Deemed Exports
  3. Shipments Under Advanced Authorization, DFIA, Drawback schemes
  4. Supply of ITA 1 items to DTA, with condition that realization is in free foreign exchange
  5. Royalty payments and R&D services

Important Provisions in the scheme

    1. Block Wise fulfillment of EO:

Provision for fulfilment of Export obligation is given in two blocks. 50% in 1st to 4th years and remaining 50% in 5th and 6th years.

    1. EOP extension:

The export obligation period (EOP) can be extended by maximum two years in order to meet the Export Obligation requirement under the scheme, subject to conditions by DGFT.

    1. Clubbing:

Two or more EPCG Authorisations of the same authorization holder can be clubbed if they are issued by the same RA. In such cases the export obligation is refixed based on the total duty saved on all authorizations. The Export Obligation period will be counted from the 1st Authorization.

    1. Re-export / replacement and repair of capital goods:

The scheme facilitates provision for Re-export / replacement and repair of damaged or otherwise not fit for use capital goods. Various rules are applicable for such processes and have to be approved by the RA and Jurisdictional Customs Authority

    1. Regularisation:

Incase the Authorization holder fails to fulfill the export obligation, he can pay back the customs duty along with applicable interest as prescribed by the Customs Authority.

Important Points to be remembered

    1. Average Export Obligation:

Is the average of the export values achieved in previous three years. The average export obligation mentioned above should be fulfilled over and above the specific Export Obligation. Average Export Obligation should be maintained on yearly basis until fulfillment of Specific Export Obligation.

    1. Monitoring of Records:

Every year on or before 30th of April, the Authorization Holder should submit the report of export proceeds to the RA.

    1. Transitional Arrangements:

For Authorizations issued prior to the implementation of the present Foreign Trade Policy, the rules and conditions of the EPCG are governed by the policy which is in effect on the day of EPCG issue.

    1. Actual User condition:

The capital goods imported shall be used as per the conditions mentioned in the Authorization until issue of the Export Obligation Discharge Certificate (EODC).

    1. Realisation of export proceeds:

All exports shall be in freely convertible foreign exchange except for deemed exports. In case of exports to SEZs the realization should be from the foreign currency account of the SEZ company.

Objective

The objective of the EPCG Scheme is to facilitate import of capital goods for producing quality goods and services and enhance India’s manufacturing competitiveness.

EPCG Scheme

  1. EPCG Scheme allows import of capital goods (except those specified in negative list in Appendix 5 F) for pre-production, production and post-production at zero customs duty. Capital goods imported under EPCG Authorisation for physical exports are also exempt from IGST and Compensation Cess upto 3.2018 only, leviable thereon under the subsection(7) and subsection (9) respectively, of section 3 of the Customs Tariff Act, 1975 (51 of 1975), as provided in the notification issued by Department of Revenue. Alternatively, the Authorisation holder may also procure Capital Goods from indigenous sources in accordance with provisions of paragraph 5.07 of FTP. Capital goods for the purpose of the EPCG scheme shall include:
    1. Capital Goods as defined in Chapter 9 including in CKD/SKD condition thereof;
    2. Computer systems and software which are a part of the Capital Goods being imported;
    3. Spares, moulds, dies, jigs, fixtures, tools & refractories; and
    4. Catalysts for initial charge plus one subsequent
  2. Import of capital goods for Project Imports notified by Central Board of Excise and Customs is also permitted under EPCG
  3. Import under EPCG Scheme shall be subject to an export obligation equivalent to 6 times of duties, taxes and cess saved on capital goods, to be fulfilled in 6 years reckoned from date of issue of
  4. Authorisation shall be valid for import for 18 months from the date of issue of Revalidation of EPCG Authorisation shall not be permitted.
  5. In case Integrated Tax and Compensation Cess are paid in cash on imports under EPCG, incidence of the said Integrated Tax and Compensation Cess would not be taken for computation of net duty saved provided Input Tax Credit is not
  6. Import of items which are restricted for import shall be permitted under EPCG Scheme only after approval from Exim Facilitation Committee (EFC) at DGFT
  7. If the goods proposed to be exported under EPCG authorisation are restricted for export, the EPCG authorisation shall be issued only after approval for issuance of export authorisation from Exim Facilitation Committee at DGFT

Coverage

  1. EPCG scheme covers manufacturer exporters with or without supporting manufacturer(s), merchant exporters tied to supporting manufacturer(s) and service providers. Name of supporting manufacturer(s) shall be endorsed on the EPCG Authorisation before installation of   the    capital    goods    in    the factory  / premises of the supporting manufacturer (s). In case of any change in supporting manufacturer (s) the RA shall intimate such change to jurisdictional Customs Authority of existing as well as changed supporting manufacturer(s) and the Customs at port of registration of
  2. Export Promotion Capital Goods (EPCG) Scheme also covers a service provider who is designated / certified as a Common Service Provider (CSP) by the DGFT, Department of Commerce or State Industrial Infrastructural Corporation in a Town of Export Excellence subject to provisions of Foreign Trade Policy/Handbook of Procedures with the following conditions:-
  3. Export by users of the common service, to be counted towards fulfillment of EO of the CSP shall contain the EPCG Authorisation details of the CSP in the respective Shipping bills and concerned RA must be informed about the details of the Users prior to such export;
  4. Such export will not count towards fulfillment of specific export obligations in respect of other EPCG Authorisations (of the CSP/User); and
  5. Authorisation holder shall be required to submit Bank Guarantee (BG) which shall be equivalent to the duty BG can be given by CSP or by any one of the users or a combination thereof, at the option of the CSP.

Actual User Condition

0

Imported capital goods shall be subject to Actual User condition till export obligation is completed and EODC is granted.

Export Obligation (EO)

Following conditions shall apply to the fulfilment of EO:-

  1. EO shall be fulfilled by the authorisation holder through export of goods which are manufactured by him or his supporting manufacturer / services rendered by him, for which the EPCG authorisation has been
  2. EO under the scheme shall be, over and above, the average level of exports achieved by the applicant in the preceding three licensing years for the same and similar products within the overall EO period including extended period, if any; except for categories mentioned in paragraph 5.13(a) of HBP. Such average would be the arithmetic mean of export performance in the preceding three licensing years for same and similar
  3. In case of indigenous sourcing of Capital Goods, specific EO shall be 25% less than the EO stipulated in Para 01.
  4. Shipments under Advance Authorisation, DFIA, Drawback scheme or reward schemes under Chapter 3 of FTP; would also count for fulfillment of EO under EPCG
  5. Export shall be physical export. However, supplies as specified in paragraph 7.02 (a), (b), (e), (f) & (h) of FTP shall also be counted towards fulfillment of export obligation, along with usual benefits available under paragraph 7.03 of
  6. EO can also be fulfilled by the supply of ITA-I items to DTA, provided realization is in free foreign
  7. Royalty payments received by the Authorisation holder in freely convertible currency and foreign exchange received for R&D services shall also be counted for discharge under
  8. Payment received in rupee terms for such Services as notified in Appendix 5D shall also be counted towards discharge of export obligation under the EPCG

LUT/Bond/BG in case of Agro units

LUT/Bond or 15% BG, as applicable, may be furnished for EPCG authorisation granted to units in Agri-Export Zones provided EPCG authorisation is taken for export of primary agricultural product(s) notified or their value added variants.

Indigenous Sourcing of Capital Goods and benefits to Domestic Supplier

A person holding an EPCG authorisation may source capital goods from a domestic manufacturer. Such domestic manufacturer shall be eligible for deemed export benefits under paragraph 7.03 of FTP and as may be provided under GST Rules under the category of deemed exports. Such domestic sourcing shall also be permitted from EOUs and these supplies shall be counted for purpose of fulfilment of positive NFE by said EOU as provided in Para 6.09 (a) of FTP.

Calculation of   Export Obligation

In case of direct imports, EO shall be reckoned with reference to actual duty saved amount. In case of domestic sourcing, EO shall be reckoned with reference to notional Customs duties saved on FOR value.

Incentive for early EO fulfilment

With a view to accelerating exports, in cases where Authorisation holder has fulfilled 75% or more of specific export obligation and 100% of Average Export Obligation till date, if any, in half or less than half the original export obligation period specified, remaining export obligation shall be condoned and the Authorisation redeemed by RA concerned. However no benefit under Para 5.21 of HBP shall be permitted where incentive for early EO fulfillment has been availed.

Reduced EO for Green Technology Products

For exporters of Green Technology Products, Specific EO shall be 75% of EO as stipulated in Para 5.01. There shall be no change in average EO imposed, if any, as stipulated in Para 5.04. The list of Green Technology Products is given in Para 5.29 of HBP.

Reduced EO for North East Region and Jammu & Kashmir

For units located in Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Jammu & Kashmir, specific EO shall be 25% of the EO, as stipulated in Para 5.01. There shall be no change in average EO imposed, if any, as stipulated in Para 5.04.

Post Export EPCG Duty Credit Scrip(s)

  1. Post Export EPCG Duty Credit Scrip(s) shall be available to exporters who intend to import capital goods on full payment of applicable duties, taxes and cess in cash and choose to opt for this scheme.
  2. Basic Customs duty paid on Capital Goods shall be remitted in the form of freely transferable duty credit scrip(s), similar to those issued under Chapter 3 of
  3. Specific EO shall be 85% of the applicable specific EO under the EPCG Scheme. However, average EO shall remain
  4. Duty remission shall be in proportion to the EO
  5. All provisions for utilization of scrips issued under Chapter 3 of FTP shall also be applicable to Post Export EPCG Duty Credit Scrip (s).

Application Form

An application for grant of an authorisation may be made by Registered Office or Head Office or a Branch Office or Manufacturing Unit of an eligible exporter to RA concerned in ANF 5A along with documents prescribed therein.

Nexus Certification

  1. RA concerned shall, on the basis of nexus certificate from an Independent Chartered Engineer (CEC) submitted by the applicant in Appendix 5A, issue EPCG Reasonable wastage, if any, anticipated at the time of installation of capital goods will also be certified by the Chartered Engineer in the nexus certificate and the same would be mentioned in the condition sheet of the EPCG authorisation at the time of issue. For issuance of such certificate, the Chartered Engineer shall act only in the domain of his/her competence.
  2. RA shall thereafter forward a copy of the EPCG authorisation to the concerned Jurisdictional Customs Authority. The wastage so permitted at the time of issuance of authorisation would be allowed   to be sold as scrap/waste on payment of applicable
  3. An application for amendment in the list of import item(s) including addition(s)/deletion(s), if  any,  may  be  filed  with  RA  concerned provided the authorisation is valid for import. The applicant would give justification for seeking such amendment(s) along with fresh nexus certificate from an independent Chartered
  4. An application for amendment in the list of export item(s) including addition(s)/deletion(s) if any, may be filed with RA concerned provided the Export Obligation period of the authorisation is valid and the CG has nexus with export The applicant would give justification for seeking such amendment(s) along with fresh nexus certificate from an independent Chartered Engineer.

Certificate of Installation of Capital Goods

  1. Authorization holder shall produce, within six months from date of completion of import, to the concerned RA, a certificate from the jurisdictional Customs authority or an independent Chartered Engineer, at the option of the authorisation holder, confirming installation of capital goods at factory/premises of authorization holder or his supporting manufacturer(s). The RA may allow one time extension of the said period for producing the certificate by a maximum period of 12 months with a composition fee of Rs. 5000/-. Where the authorisation holder opts for independent Chartered Engineer’s certificate, he shall send a copy of the certificate to the jurisdictional  Customs    Authority    for    intimation/record.    The authorization holder shall be permitted to shift capital goods during this period to other units mentioned in the IEC and RCMC of the authorization holder subject to production of fresh installation certificate.
  2. In the case of import of spares, the installation certificate shall be submitted by the Authorization holder within a period of three years from the date of

Port of Registration

EPCG Authorisation shall be issued with a single port of registration as per paragraph 4.37 of HBP, for imports. However, exports can be made from any port specified in paragraph 4.37 of HBP.

Import of spares, tools, refractories and catalysts

  1. Applications for procurement of capital goods covered under sub- paragraphs (a) (iii) and (iv) of paragraph 5.01 of FTP shall contain a list of plant/machinery installed in factory/premises of the applicant for which such capital goods are required, duly certified by Chartered Engineer or Jurisdictional Customs ”
  2. In case of import of spares, EPCG authorisation shall not specify list of spares but shall indicate:
  3. Name of plant /machinery for which spares are
  4. Value of duty saved allowed under the
  5. Description of product to be exported and value of export obligation.
  6. Authorisation holder shall maintain a register of stock & consumption of capital goods covered under sub-paragraphs (a) (iii) and (iv) of paragraph 5.01 of FTP imported under the scheme and at the time of final redemption of export obligation, authorization holder shall submit certificate from independent Chartered Engineer confirming their use in the installed capital goods on the basis of such register.

Conversion of EOU/ Relocated SEZ Units to DTA Unit under EPCG Scheme

  1. An EOU/ a relocated SEZ unit, while converting to a DTA Unit, may apply for an EPCG authorisation along with documents prescribed. ‘No Objection Certificate’ should be produced from the concerned Development
  2. The export obligation period for a unit which converts from EOU / SEZ Scheme to EPCG Scheme would be the same as is available to a direct EPCG Authorisation Holder as per Paragraph 5.01 of Foreign Trade Policy (FTP).
  3. If a standalone EOU / SEZ unit wishes to de-bond from EOU to EPCG Scheme, there shall be no requirement for maintenance of average export obligation and the unit shall be required to maintain only specific export obligation equivalent to six times of the proportionate duty saved amount of the depreciated value of capital goods for which the Authorisation has been
  4. In case one unit of a firm / company opts to de-bond from EOU to EPCG Scheme, while other unit(s) are DTA units, then the average export obligation in respect of the authorisations issued to the firm / company (other than de-bonding unit) shall remain unchanged and the average EO, after de-bonding of the unit, shall be fixed by excluding the exports made by the de-bonded unit from the total exports of the firm / company, which runs concurrently for all the units of the firm / In such a case, specific EO equivalent to six times of the proportionate duty saved amount on the depreciated value of the Capital Goods would be imposed on the de-bonding unit shifting to the EPCG Scheme.

Sourcing of Capital Goods Manufactured Indigenously

  1. EPCG authorisation holder intending to source capital goods manufactured indigenously shall make a request to the RA for invalidation of EPCG authorisation for direct import / issuance of Advance Release Order (ARO) for availing deemed export benefits as given in paragraph 03 of FTP read with paragraph 7.02(c) of HBP.
  2. This request can be made either along with application or during the validity period of EPCG
  3. Applicant shall give the name and address of the manufacturer(s) of capital
  4. RA concerned will issue the invalidation letter / ARO, in quadruplicate.

Issuance of Advance authorisation for import of inputs

Indigenous manufacturer intending to supply capital goods to EPCG authorisation holder may apply to RA for issuance of Advance authorisation for import of inputs including components required for manufacture of capital goods to be supplied to EPCG authorisation holder.

Conditions for fulfilment of Export Obligation

In addition to conditions in paragraph 5.04 of FTP, the following conditions shall also be applicable for fulfilment of export obligation:

  1. Name of the supporting manufacturer as well as the exporter shall be indicated on export
  2. EPCG authorisation holder may export either directly or through third party(ies).
  3. In case the Authorization Holder wants to export through a third party, export documents , shipping bills / Bill of exports etc. shall indicate name of both authorization holder and supporting manufacturer, if any, along with EPCG authorization number. BRC, GR declaration, export order and invoice should be in the name of third party exporter. The goods exported through third party should be manufactured by the EPCG Authorisation Holder or the supporting manufacturer where the capital goods imported under the authorisation have been installed. Proceeds realised through normal banking channel from third party exporter’s account to the authorisation holder’s account on account of such exports only shall be counted towards fulfilment of export obligation.
  4. The EPCG authorization holder shall submit the following additional documents for discharge of EO through third party (ies):
  5. A copy of agreement entered into between the authorization holder and the ultimate exporter undertaking to export the goods manufactured by the authorization holder/supporting

manufacturer for fulfilment of the export obligation against the EPCG authorization in question.

  1. Proof of having despatched the goods from authorization Holder’s factory premises to the ultimate exporter/port of export (a) ARE 1 certificate issued by Central Excise / Tax invoice for export prescribed under the GST rules with due authentication by the Customs verifying the exports along with the shipping bill number, date and EPCG authorization number or (b) Invoice duly incorporating the relevant EPCG authorization number & date at the time of dispatch in case the unit is not registered with Central Excise/GST.
  2. Lorry Receipt (LR)/Logistical evidence for transportation of goods from the premises of the authorization holder to the third party/port of
  3. An undertaking from the 3rd party on a stamp paper, declaring that the products exported for fulfillment of EO by them on behalf of the license holder as per details given in the statement of  exports,   were   manufactured   by   the   license
  4. Financial evidence for having received proceeds through normal banking channel from third party exporter’s account to the authorization holder’s account on account of such exports towards such third party
  5. Disclaimer certificate from third party that they shall not use such proceeds towards EO fulfillment of any EPCG authorization (s) obtained by

Realization of Export proceeds

Export proceeds shall be realized in freely convertible currency except for deemed exports supplies under Chapter 7. Exports to SEZ units /Supplies to developers/ co-developers irrespective of currency of realization, would

Also be counted for discharge of Export Obligation. Realization in case of supplies to SEZ units shall be from foreign currency account of the SEZ unit.

Calculation of Average Export Obligation

While calculating Average Export Obligation, exports counted/being counted for fulfilling specific EO against EPCG Authorisations within valid EO Period (whether original or extended) that have been made in the preceding 3 years will not be taken into account.

Exemption from maintenance of average export obligation

  1. In case of export of goods relating to the following the EPCG authorisation holder shall not be required to maintain average export obligation:
    1. Handicrafts,
    2. Handlooms,
    3. Cottage & Tiny sector,
    4. Agriculture,
    5. Aqua-culture (including Fisheries), Pisciculture,
    6. Animal husbandry,
    7. Floriculture & Horticulture,
    8. Poultry,
    9. Viticulture,
    10. Sericulture,
    11. Carpets,
    12. Coir, and
    13. Jute
  2. However, this exemption from maintenance of average export obligation shall not be allowed for import of fishing trawlers, boats, ships and other similar
  3. Goods, excepting tools imported under EPCG scheme by sectors specified in sub-paragraph (a) above, shall not be allowed to be transferred for a period of five years from date of imports even in cases where export obligation has been fulfilled.

Block-wise Fulfilment of EO

  1. The Authorisation holder under the EPCG scheme shall, while maintaining the average export obligation, fulfill the specific export obligation over the prescribed block period in the following proportions:
    Period from the date of issue

    of Authorisation

    Minimum export obligation

    to be fulfilled

    Block of 1st to 4th year 50%
    Block of 5th and 6th year Balance EO
  2. The Authorisation holder would intimate the Regional Authority on the fulfilment of the export obligation, as well as average exports, within three months of completion of the block, by secured electronic filing using digital
  3. Where EO of the first block is not fulfilled in terms of the above proportions, except in cases where the EO prescribed for first block is extended by the Regional Authority subject to payment of composition fee of 2% on duty saved amount proportionate to unfulfilled portion of EO pertaining to the block, the Authorization holder shall, within 3 months from the expiry of the block, pay duties of customs (along with applicable interest as notified by DOR) proportionate to duty saved amount on total unfulfilled EO of the first
  4. (i) Authorisations issued from 1st April, 2002 upto 31st August, 2004 shall be governed by provisions of paragraph 8 of HBP Vol. 1 (RE-02) as amended from time to time.
  5. Authorisations issued from 1st September, 2004 upto 17th April, 2013 shall be governed by provisions of paragraph 8 of HBP Vol. 1 (RE-12) as amended till 17.04.2013.
  6. Authorisations issued from 18th April, 2013 till issue of Notification of FTP 2015-20 shall be governed by provisions of paragraph 5.8 of HBP Vol. 1 as amended vide PN No. 1 dated 18.04.2013.
  7. Authorisations issued from 1st April, 2015 till 4th December 2017 shall be governed by provisions of paragraph 5.14 of HBP as amended vide PN 1 dated 01.04.2015.

Monitoring of Export Obligation

Authorisation holder shall submit to RA concerned by 30th April of every year, report on fulfilment of export obligation by secured electronic filing using digital signatures/ or hard copy thereof.

Automatic Reduction/ Enhancement upto 10% Duty saved amount and pro rata Reduction/ Enhancement in export obligation

If authorization issued has been utilized for import of goods: –

  1. In excess of duty saved amount indicated on the authorization by not more than 10%, the authorization shall be deemed to have been enhanced by that proportion. Customs shall automatically allow clearance of such goods without endorsement by RA The authorization holder shall furnish additional fee to cover excess imports effected, in terms of duty saved amount, to RA concerned, within one month of excess imports taking place. Export obligation shall automatically stand enhanced proportionately.
  2. in excess of duty saved amount indicated on the authorization by more than 10%, the RA concerned, as per its delegated powers, may allow enhancement in duty saved amount of the EPCG The authorisation  holder  shall  furnish  additional  BG/LUT  to  the Customs Authority.
  3. Less than the duty saved amount indicated on the authorization, the export obligation shall stand reduced on pro-rata basis with reference to actual utilization of the

Extension in Export Obligation Period

  1. Extension in Export Obligation Period of EPCG authorization issued prior to Notification of FTP 2015-20 RE 2017 shall be governed by relevant provisions of HBP applicable on the date of issue of authorisation.
  2. Extension in Export Obligation Period of EPCG authorization issued prior to Notification of FTP 2015-20 shall be governed by relevant provisions of HBP Vol 1 applicable on the date of issue of authorization.
  3. In case of zero duty EPCG Authorizations, two extensions of one year each in export obligation period may be considered by RA concerned, on payment of composition fee equal to 5% and 10% respectively of proportionate duty saved amount on unfulfilled export obligation for the first/second year of extension or an enhancement in export obligation imposed to the extent of 10%/20% respectively of the total export obligation imposed under the authorization for first/second year of extension, as the case may be, at the choice of the exporter. Minimum composition fee will be Rs.10,000.
  4. Request for extension in EO Period shall be made to RA within 90 days from the date of expiry of original EO However, RA may consider the request for extension received up to 180 days with additional composition fee of Rs.5,000.

Relief in Average Export Obligation

  1. To provide relief to exporters of those sectors where total exports in that sector/product group has declined by more than 5% as compared to the previous year, average export obligation for the year may be reduced proportionate to reduction in exports of that particular sector/product group during the relevant year as against the preceding year. However, in case export decline is continuous over consecutive years, the base year for calculation of eligibility and calculation of reduction in average export obligation will be taken as the year after which the exports have shown continuous
  2. The sectors /product groups for which this relaxation is to be allowed shall be conveyed by the DGFT to all the RAs within seven months of the end of the previous financial year, and the RAs shall re- fix the annual average EO for previous year accordingly for exporters in that sector / product

Automatic EO extension in the event of ban on export product

Whenever a ban/restriction is imposed on export of any product, export obligation period in respect of EPCG authorisations already issued prior to imposition of ban on such export products would stand automatically extended for a period equivalent to duration of such ban, without any composition fee. Authorisation holder would not be required to maintain average E.O. as well for the ban period.

Redemption

  1. Authorisation holder shall apply for redemption in ANF 5B with documents prescribed therein as a proof of EO
  2. On being satisfied, RA concerned shall issue a certificate of discharge of export obligation to the EPCG authorisation holder and forward a copy to Customs Authorities with whom BG/LUT has been executed. A statement giving details of the documents submitted by the

authorisation holder towards evidence of EO fulfilment shall also be enclosed with the certificate.

  1. RA shall process such applications ordinarily within 30 days. Shortcomings, if any, shall be pointed out in one go. All correspondence, thereafter, shall relate to these deficiencies only. Fresh correspondence, if necessary, shall be within 15 days. Once documents are complete, EO will be discharged within 30 days of receipt of complete documents /information.
  2. Applications that remain outstanding beyond a period of 60 days after receipt of complete documents shall be reported to the EPCG Division at DGFT headquarters along with reasons

Regularization of Bonafide Default and Exit from EPCG Scheme

  1. In case, EPCG authorisation holder fails to fulfil prescribed export obligation, he shall pay Customs Duty along with applicable interest as prescribed by Customs Such facility can also be availed by EPCG authorisation holder to exit at his option. The authorisation holder will have the option to furnish valid duty credit scrips, issued under Chapter 3 or Chapter 5 of FTP, for payment of the Customs duty component.
  2. Authorisation holder can also pay duty and interest suo-motu on the basis of self /own calculation as per the procedure specified in paragraph 4.50 of

Maintenance of Records

Every EPCG authorisation holder shall maintain, for a period of 2 years from date of redemption, a true and proper account of exports/ supplies made and services rendered towards fulfilment of export obligation.

Re-Export Repair/Replacement of Capital Goods Imported under EPCG Scheme

  1. Capital Goods imported under EPCG scheme, which are found defective or unfit for use, may be re-exported to foreign supplier within three years from the date of clearance by Customs of such goods, with permission of RA / Customs Authority. Consequently, EO would be re-fixed.
  2. Capital Goods imported and found defective or otherwise unfit for use may be exported, within two years from the date of clearance by Customs of such goods, with permission of RA / Customs Authority and Capital Goods in replacement thereof be imported under EPCG scheme. In such cases, while allowing export, the Customs shall credit the duty benefit availed which can be debited again at the time of import of such replaced Capital
  3. Capital Goods imported under EPCG scheme, may be re-exported for repairs abroad within three years from the date of clearance by Customs of such goods, with permission of RA / Customs The duty component on the expenditure incurred on the repairs as well as the insurance and the freight, both ways shall be taken into account for re-fixation of the EO.

Penal Action

In case of failure to fulfil export obligation or any other condition of authorisation, authorisation holder shall be liable for action under FT (D&R) Act, 1992, as amended, Orders and Rules made thereunder, provisions of FTP/HBP, Customs Act, 1962, as amended from time to time or any other law in force.

Clubbing of EPCG authorisations

  1. Clubbing of two or more EPCG authorisations issued to the same authorisation holder would be
  2. An application for clubbing can be made to RA concerned in ANF Clubbing shall only be permitted in case export products endorsed on the authorisations are same /similar and if authorisations are issued by the same RA.
  3. Total export obligation would be re-fixed taking into account total of duty saved amount of the clubbed
  4. On Clubbing, authorisations for all purpose shall be deemed to be a single EPCG authorisation. Export obligation period for clubbed authorisations shall be reckoned from first authorisation issue-date.
  5. Average export obligation for clubbed authorisations would be highest of average export obligations endorsed on individual authorisations so
  6. Clubbing would be permitted during valid EOP including extended period, if However, clubbing in case of all authorisations where EO period is over may be allowed for regularisation purposes provided they have been issued under same policy period.
  7. In case of clubbing of EPCG authorizations where EO can be fulfilled by export of alternate product(s)/service(s), the proportion of alternate product(s)/service(s) for EO fulfilment / regularization will be restricted to the lowest of the percentage of alternate product(s) / service(s) allowed in the clubbed authorizations.
  8. EPCG authorisations issued prior to 1.4.2007 shall be governed by provisions contained in Chapter 5 of HBP 1 (RE-2006). The EPCG Authorisations issued between 01.04.2007 and 17.04.2013 shall be governed by provisions contained in Chapter 5 of HBP Vol.1 (RE- 2012, as amended). The EPCG Authorisations issued from 18.04.2013 till the issue of Notification of HBP 2015-20 shall be governed by provisions contained in Public Notice No.1 dated 18.4.2013. The EPCG Authorisations issued between Notification of HBP 2015-20 till the Notification of HBP 2015-20 (RE 2017) shall be governed by provisions contained in HBP 2015-20.

Post Export EPCG Duty Credit Scrip(s)

  1. Exporters can exercise this option by filing an application in ANF5A with the RA concerned by selecting the option for this
  2. All applicable duties shall be paid in cash by the exporter at the time of import of Capital
  3. RA shall issue an Authorisation specifying
    1. “Not for imports” on the body of the Authorisation;
    2. Average EO, if any;
    3. Specific EO @ 85% of the applicable specific EO, computed as if the imports were to take the benefit of duty exemption; and
    4. EOP, which shall commence from the Authorisation issue
  4. Exporter can file request in ANF 5 B, for issuance of Duty Credit Scrip(s) in proportion to the EO completed  within  the  specified  Only for first such request, proof of actual duty payments on Capital Goods, nexus and installation certificate(s) of Capital Goods shall be submitted alongwith proof of fulfilment of EO alongwith proof of maintenance of Average EO. Subsequently, only proof of fulfilment of specific EO (alongwith proof of maintenance of Average EO) additionally completed vis-à-vis specific EO fixed {as in c(iii) above} may be submitted, unless there have been any changes in documents / proofs submitted earlier.
  5. RA shall issue freely transferable duty credit scrip(s) equivalent to proportionate EO
  6. The computation of freely transferable Duty Credit Scrip(s) will be based on basic Customs duty amount
  7. Deleted
  8. All provisions of the existing EPCG Scheme shall apply insofar as they are not inconsistent with this
  9. The CG imported under paragraph 5.12 of FTP shall not be disposed of till the date of last export for offsetting EO against such
  10. In case of re-export of CG found defective or unfit for use as per the provisions of paragraph 5.25 of HBP if the exporter claims drawback on such re-export there would be no remission of duty under paragraph 5.12 of

Green Technology Products

The Export Products covered under Paragraph 5.10 of FTP which provides for reduced export obligation of 75% for green technology products are:

  1. Equipment for    Solar    Energy    decentralized     and    grid connected products,
  2. Bio-Mass Gassifier,
  3. Bio-Mass/Waste Boiler,

Vapour Absorption Chillers,

  1. Waste Heat Boiler,
  2. Waste Heat Recovery Units,
  3. Unfired Heat Recovery Steam Generators,
  4. Wind Turbine,
  5. Solar Collector and Parts thereof,
  6. Water Treatment Plants,
  7. Wind Mill, Wind Mill Turbine / Engine,
  8. Other Generating Sets – Wind powered,
  9. Electrically Operated Vehicles – Motor Cars,
  10. Electrically Operated Vehicles – Lorries and Trucks,
  11. Electrically Operated  Vehicles  –  Motor        Cycles/Mopeds, and
  12. Solar Cells.