RBI/2016-17/212
A.P. (DIR Series) Circular No. 27
January
12, 2017
To
All Category - I Authorised
Dealer Banks
Madam / Sir,
Evidence
of Import under Import Data Processing and Monitoring System (IDPMS)
Attention of Authorized Dealer
Category-I (AD Category-I) banks is invited to A.P. (DIR Series) Circular No. 05 dated October
06, 2016 read with Section 5 and Section 10 of the Foreign
Exchange Management Act 1999 (42 of 1999), Government of India Notification
No. G.S.R. 381(E) dated May 3, 2000 viz., Foreign Exchange Management
(Current Account Transaction) Rules, 2000 on import of goods, FED Master Direction No. 17 dated
January 1, 2016 on Import of Goods and Services and A.P. (DIR Series) Circular No. 9
dated August 24, 2000 which outlines the procedure, mode/manner
of payment for imports and submission of related returns. Within the
contours of the extant instructions on import of goods, specific attention
is invited to the directions on Obligation of Purchaser of Foreign Exchange
and submission of document as Evidence of Import.
2. Bill of Entry (BoE) data is
received in IDPMS from Customs Department for EDI ports and from NSDL for
SEZ on daily basis. BoE data for non-EDI ports are entered by AD Category –
I bank of the importer on receipt of BoE (importer’s copy) and then the
bank uploads the data in IDPMS through “Manual BOE reporting” process. In
order to enhance ease of doing business and reduce transaction costs, it
has been decided to discontinue submission of hardcopy of Evidence of
Import documents i.e. BoE, with effect from December 01, 2016, as it is
available in IDPMS. The revised procedures are as set out below:
i. AD Category – I bank will
enter BoE details (BoE number, port code and date) as received from the
importer and download the BoE message data from “BOE Master” in IDPMS.
Thereafter, match and settle the BoE data with Outward Remittance Message
(ORM) associated with the payment for import as per the message format “BOE
Settlement” in IDPMS. Multiple ORMs can be settled against single BoE and
also multiple BoE(s) can be settled against one ORM.
ii. In respect of imports on
‘Delivery against Acceptance’ basis, on request of importer, AD Category –
I bank shall verify the evidence of import from IDPMS at the time of
effecting remittance of import bill.
iii. On settlement of ORM with
evidence of import AD Category – I bank shall in all cases issue an
acknowledgement slip to the importer containing the following particulars:
a.
importer's
full name and address with code number ;
b.
number
and date of BoE and the amount of import; and
c.
a
recap advice on number and amount of BoE and ORM not settled for the
importer.
iv. The importer needs to
preserve the printed ‘Importer copy’ of BoE as evidence of import and
acknowledgement slip for future use.
3. The extant instructions and
guidelines for Evidence of Import in Lieu of Bill of Entry will
apply mutatis mutandis. The evidence of import in lieu of BoE in
permitted/approved conditions will be created and uploaded by AD Category –
I bank of the importer in the form of BoE data as per message format
“Manual BOE reporting” in IDPMS.
4. Follow-up for Evidence of
Import : AD Category – I banks shall continue to follow up for outward
remittance made for import (i.e. unsettled ORM) in terms of extant
guidelines and instructions on the subject. In cases where relevant
evidence of import data is not available in IDPMS on due dates against the
ORM, AD Category – I bank shall follow up with the importer for submission
of documentary evidence of import. Similarly, if BoE data is not settled
against ORM within the prescribed period AD Category – I banks shall follow
up with the importer in terms of extant instructions.
5. Verification and
Preservation: Internal inspectors and IS auditors (including
external auditors appointed by AD Category – I bank) should carry out
verification and IS audit and assurance of the “BOE Settlement” process in
IDPMS. Data and process followed by AD Category –I bank for “BOE
Settlement” should be preserved in terms of the guidelines under Cyber
Security Framework in the bank. However, in respect of cases which are under
investigation by investigating agencies, the data, process and/or documents
may be destroyed only after obtaining clearance from the investigating
agency concerned.
6. Authorised Dealers may bring
the contents of this circular to the notice of their constituents and
customers concerned.
7. Master Direction No. 17 dated January 1, 2016 is
being updated to reflect the changes.
8. The directions contained in
this circular have been issued under Section 10(4) and 11(1) of the FEMA,
1999 (42 of 1999) and are without prejudice to permissions / approvals, if
any, required under any other law.
Yours
faithfully,
(Shekhar
Bhatnagar)
Chief General Manager-In-Charge
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