1. Kind attention is invited to DOR Circular Nos.48/2003-Cus. dated 6.6.2003
and 74/2003-Cus. dated 21.8.2003 in terms of which revised norms for
execution of Bond/BG under Advance License and EPCG Schemes have been
notified. In terms of Para 2.1 of the DOR Circular No. 74/2003-Cus.
dated21.8.2003 it was inter-alia clarified that Bond shall be backed by a
bank guarantee or cash security or surety and that in respect of importers
specified in Paras 2(a) to (d) of the said Circular (excepting in the case
of public sector undertakings) who are eligible for BG exemption, the Bond
shall be backed by a surety.
2. After issue of DOR Circular No.74/2003-Cus., trade has represented that
furnishing of such surety against Bond by Status Holders and other
established exporters, who are having substantial exports, becomes difficult
on account of the large volume of import undertaken by them under Advance
License and EPCG Schemes. Further, it also increases the transaction cost.
This issue has been discussed again with DGFT/MOC who have strongly
recommended that considering the practical problem in furnishing such surety
by status holders and large exporters operating under EPCG/Advance License
Schemes, it would be advisable to permit furnishing of a bond without
surety.
3. Considering that the existing provision of furnishing of Bond/BG on
Central Excise side also provide for furnishing of bond without surety in
the case of status holders and manufacturer exporters, it is clarified that
in respect of category of importers specified in paras 2(a) to (d) of DOR
Circular No.74/2003-Cus. dated 21.8.2003 (including public sector
undertakings), a bond without surety shall be accepted for the purpose of
permitting import of goods under Advance License/EPCG Schemes.
4. All other conditions/checks specified in DOR Circular Nos.48/2003-Cus.
dated 6.6.2003 read with Circular No.74/2003-Cus. dated 21.8.2003 shall
continue to apply for the purpose of execution of Bond/BG under Advance
License/EPCG Schemes.
5. Suitable Standing Order and Public Notice for the guidance of staff and
trade may kindly be issued.
6. Receipt of the Circular may kindly be acknowledged.
R.K. Talajia
Officer on Special Duty (DBK)