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Extended Remittance Guidelines for Imports

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0% found this document useful (0 votes)
17 views3 pages

Extended Remittance Guidelines for Imports

Uploaded by

Shwetabh Amber
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

COVID- 19 pandemic, with effect from May 22, 2020, the time period for completion of remittances

against normal imports (except in cases where amounts are withheld towards guarantee of
performance etc.) has been extended from six months to twelve months from the date of shipment for
such imports made on or before July 31, 2020.
Remittances against import of books may be allowed without restriction as to the time limit, provided,
interest payment, if any, is as per the instructions.

banks can consider granting extension of time for settlement of import dues up to a period of six
months at a time (maximum up to the period of three years.

While considering extension beyond one year from the date of remittance7,
the total outstanding of the importer does not exceed USD one million or 10
per cent of the average import remittances during the preceding two financial
years, whichever is lower.

5. Bring into India- aggregate value of the foreign exchange USD 10,000. foreign
currency notes not exceed USD 5,000.

6. Any person resident in India who had gone out of India on a temporary visit, may
bring into India at the time of his return from any place outside India (other than
from Nepal and Bhutan), currency notes of Government of India and Reserve Bank
of India notes up to an amount not exceeding Rs.25,000 (Rupees twenty five
thousand only).

7. A person may bring into India from Nepal or Bhutan, currency notes of
Government of India and Reserve Bank of India for any amount in denominations
up to Rs.100/-.

8. Provided that no guarantee for an amount exceeding USD 500,000 or its


equivalent shall be issued on behalf of a service importer other than a Public Sector
Company or a Department / Undertaking of the Government of India / State
Government.

9. Provided further that where the service importer is a Public Sector Company or a
Department / Undertaking of the Government of India / State Government, no
guarantee for an amount exceeding USD 100,000 or its equivalent shall be issued
without the prior approval of the Ministry of Finance, Government of India.

10. In cases where the importer (other than a Public Sector Company or a
Department/Undertaking of the Government of India/State Government/s) is unable
to obtain bank guarantee from overseas suppliers and the AD Category – I bank is
satisfied about the track record and bonafides of the importer, the requirement of
the bank guarantee / standby Letter of Credit may not be insisted upon for advance
remittances up to USD 5,000,000 (US Dollar five million). AD Category – I banks
may frame their own internal guidelines to deal with such cases as per a suitable
policy framed by the bank's Board of Directors.

11. A Public Sector Company or a Department/Undertaking of the Government of


India / State Government/s which is not in a position to obtain a guarantee from an
international bank of repute against an advance payment, is required to obtain a
specific waiver for the bank guarantee from the Ministry of Finance, Government of
India before making advance remittance exceeding USD 100,000.
12. AD category – I banks are permitted to take decision on overseas mining
companies to whom an importer (other than Public Sector Company or Department
/ Undertaking of Government of India / State Government) can make advance
payments, without any limit / bank guarantee/ stand-by letter of Credit.

13. As a sector specific measure, entities which have been permitted under the
extant Foreign Trade Policy to import aircrafts and helicopters (including used /
second hand aircraft and helicopters) or any other person who has been granted
permission by the Directorate General of Civil Aviation (DGCA) to operate
Scheduled or Non-Scheduled Air Transport Service (including Air Taxi Services),
can make advance remittance without bank guarantee or an unconditional,
irrevocable Standby Letter of Credit, up to USD 50 million.

[Link] import of goods into India is made within six months (three years in case
of capital goods) from the date of remittance and the importer gives an undertaking
to furnish documentary evidence of import within fifteen days from the close of the
relevant period.

15. Advance Remittance for the Import of Services- advance exceeds USD 500,000 or its equivalent,
a guarantee is required.

16. In the case of a Public Sector Company or a Department/ Undertaking of the


Government of India/ State Governments, approval from the Ministry of Finance,
Government of India for advance remittance for import of services without bank
guarantee for an amount exceeding USD 100,000 (USD One hundred thousand) or
its equivalent would be required.

17. Receipt of import documents by the importer directly from overseas suppliers
Import bills and documents should be received from the banker of the supplier by
the banker of the importer in India. AD Category – I bank should not, therefore,
make remittances where import bills have been received directly by the importers
from the overseas supplier, except in the following cases:
(i) Where the value of import bill does not exceed USD 300,000.
(ii) Import bills received by wholly-owned Indian subsidiaries of foreign companies
from their principals.
(iii) Import bills received by Status Holder Exporters as defined in the Foreign Trade
Policy, 100% Export Oriented Units / Units in Special Economic Zones, Public
Sector Undertakings and Limited Companies.

18. AD Category I banks can consider closure of BoE/ORM in IDPMS that


involves write off to the extent of 5% of invoice value in cases where the amount
declared in BoE varies from the actual remittance due to operational reasons and
AD bank is satisfied with the reason/s submitted by the importer.

19. The extant instructions and guidelines for Evidence of Import in Lieu of Bill of Entry
will apply mutatis mutandis.

20. The entire MTT shall be completed within an overall period of nine months
and there shall not be any outlay of foreign exchange beyond four months.

21. Merchanting traders may be allowed to make advance payment for the
import leg on demand made by the overseas supplier. In case where inward remittance from the
overseas buyer is not received before the outward
remittance to the overseas supplier, AD bank may handle such transactions
based on its commercial judgement. It may, however, be ensured that any
such advance payment for an import leg beyond USD 500,000/- per
transaction, shall be made against Bank Guarantee / an unconditional,
irrevocable standby Letter of Credit from an international bank of repute.
Overall prudential limits on allowing such advance payments by a customer
may be fixed by the AD bank.

[Link] bank shall ensure one-to-one matching in case of each MTT and report
defaults in any leg by the traders to the concerned Regional Office of the
Reserve Bank, on half yearly basis in the format as annexed, within 15 days
from the close of each half year, i.e. June and December.

[Link] traders with outstanding of 5% or more of their annual export earnings shall be liable for
caution listing.

[Link] party payments for export and import legs of the MTT are not allowed. Agency commission
is not allowed in MTTs. However, AD banks may allow payment of agency commission up to a
reasonable extent.

[Link] is clarified herein that goods consigned to the importers of


Nepal and Bhutan from third countries under merchanting trade from India would
qualify as traffic-in-transit, if the goods are otherwise compliant with the
provisions of the India-Nepal Treaty of Transit and Indo-Bhutan Treaty of Transit
respectively.

26. AD Category-l banks have been permitted to offer facility of payment for imports of goods and
software of value not exceeding USD 2,000 by entering into standing
arrangements with the OPGSPs subject to the following

Common questions

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For importers other than Public Sector Companies, if the AD Category – I bank is satisfied with the track record and bonafides of the importer, the requirement of a bank guarantee or standby Letter of Credit may not be insisted upon for advance remittances up to USD 5,000,000 . However, for Public Sector Companies or Departments/Undertakings of the Government of India/State Government, a waiver for the bank guarantee must be specifically obtained from the Ministry of Finance for advance remittance exceeding USD 100,000 .

The regulation stipulates that no guarantee exceeding USD 500,000 can be issued on behalf of a service importer other than a Public Sector Company or a Government Department without prior approval . For Public Sector Companies and Government Departments, the threshold is lower at USD 100,000, beyond which Ministry of Finance approval is required . This differentiation underscores a careful assessment of financial reliability and risk management, prioritizing state interests and accountability.

Residents returning to India from abroad may bring foreign exchange up to USD 10,000, with currency notes not exceeding USD 5,000 . Indian currency notes can be brought in up to a limit of Rs. 25,000, excluding those traveling from Nepal and Bhutan . These regulations aim to control currency imports, ensuring economic stability whilst allowing practical considerations for travelers returning with sufficient currency for immediate needs.

The COVID-19 pandemic led to the extension of the remittance period for normal imports from six to twelve months for shipments made on or before July 31, 2020 . However, remittances for the import of books are allowed without any time restriction, as long as any interest payment complies with existing instructions . This special provision for books indicates a recognition of their importance, possibly due to educational or informational value, unlike other goods where the pandemic necessitated significant regulatory adjustments.

The allowance for AD Category I banks to write off up to 5% of the invoice value when the amount declared on the Bill of Entry varies from actual remittance, subject to satisfactory justification by the importer, facilitates smoother trade operations . This flexibility addresses operational discrepancies often resulting from exchange rate fluctuations or unforeseen expenses, thus reducing administrative burdens and supporting trade continuity.

Entities permitted to import aircraft and helicopters, or those authorized by the DGCA to provide air transport services, can make advance remittance without requiring a bank guarantee up to USD 50 million . This policy underscores a supportive approach towards the aviation sector, recognizing its capital-intensive nature and the critical role it plays in infrastructure and economic connectivity, thereby facilitating growth and operational ease for key industry players.

Import bills should typically be received from the supplier's banker, but exceptions are made for bills up to USD 300,000 and those received by wholly-owned subsidiaries of foreign companies or Status Holder Exporters . This policy offers operational flexibility to these entities by streamlining trade finance operations and reducing bureaucratic delays, thereby supporting efficient business processes for high-performing and large-scale exporters.

In MTTs, agency commissions are generally not allowed, but AD banks may permit them up to a reasonable level . This careful control aligns with trade finance strategies that emphasize risk mitigation by limiting unnecessary expenditure and exposure in merchanting transactions, which often involve complex cross-border trade flows. Allowing limited commissions supports necessary services while maintaining tight financial oversight.

Special provisions allow for bringing Indian currency notes up to any amount in denominations up to Rs. 100 from Nepal or Bhutan . This flexibility recognizes the close historical and economic ties, including treaties like the India-Nepal Treaty of Transit, that promote seamless cross-border trade and cultural exchange. These provisions aim to strengthen bilateral relations and ease trade practices that benefit both India's and these neighboring countries' economies.

For public entities, if the advance remittance for service imports exceeds USD 100,000, approval from the Ministry of Finance is required if no bank guarantee is provided . This necessity for government oversight ensures careful evaluation of the financial transaction's necessity and implies stringent checks on public funds used for international services, safeguarding economic integrity against unnecessary commitments.

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