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HEREBY DECLARE THAT I HAVE COMPLETED THIS PROJECT ON EXPORT PROCEDURE AND
I Prof. MONA HERBY CERTIFY THAT Miss. DIVYA THINGALAYA OF VIVEK COLLEGE OF
PROCEDURE AND DOCUMENTATION IN THE ACADEMIC YEAR 2006 – 2007. THE INFORMATION
THE PROJECT GUIDE. I WISH TO RECORD A DEEP SENSE OF RESPECT AND GRATITUDE TO MY
DUE TO THE ENDURING EFFORT AND GUIDANCE OF MY GUIDE THAT ULTIMATELY MADE IT
SUCCESS.
TO THE PRINCIPLE SUNIL MANTRI AND WOULD LIKE TO THANK THE HEAD OF B.M.S.
DEPARTMENT PROF. MONA WHO GAVE US GUIDANCE TO TAKE UP AND PURSUE THE PROJECT
UNIVERSITY OF MUMBAI FOR COMPILING AND SUBMITTING THE PROJECT, WHICH I FEEL IS AN
GRATITUDE TO MY PARENTS AND FRIENDS FOR THEIR SUPPORT AND CO-OPERATION IN THE
COURSE OF THE PROJECT EITHER DIRECTLY OR INDIRECTLY INVOLVED IN TIME WITH THEIR
VALUABLE CONTRIBUTION.
4
EXPORT PROCEDURE AND DOCUMENTATION
INDEX
SERIAL
NUMBER
CONTENT
PAGE
NUMBE
R
1
INTRODUCTION
6
2
HOW TO SET UP AN EXPORT ORGANISATION
8
3
HOW ONE BEGINS TO DO EXPORT
14
4
EXPORT SALES & CONTRACT TERMS &
CONGITIONS
17
5
TERMS OF SHIPMENT – INCOTERMS.
20
6
PROCESSING AN EXPORT ORDER
27
7
FINANCIAL RISK INVOLVED IN FOREIGN
TRADE
28
8
EXPORT DOCUMENTS
29
9
OCTROI
53
10
QUALITY
CONTROL
&
PRE-SHIPMENT
INSPECTION
57
11
SHIPPING ANG CUSTOMS FORMALITIES
60
12
SALES TAXES EXEMPTION PROCEDURE
66
13
METHODS
OF
RECEIVING
PAYMENTS
AGAINST EXPORTS
68
14
THE LETTER OF CREDIT
71
15
PREPARATION
AND
SUBMISSION
NEGOTIATIONOR PURCHASE
88
16
SHIPMENT THROUGH COURIERS
91
17
CUSTOM PROCEDURE FOR EXPORT UNDER
EDI SYSTEM
92
18
THE ECGC COVER.
112
INTRODUCTION
India has a mission to capture 2% of the global share of trade by 20010, up from the
present level of less than 1%. Export is one of the lucrative business activities in India. The
earning valuable foreign exchange for the country and for meeting their requirements for importing
modern technology and essential inputs. Besides, the income from export business is also exempted
to the specified extent under the Income Tax Act, 1961, Refund of Central Excise and Custom Duty
on export is also made under the Duty Drawback Scheme of the Government. There is no Sales Tax
Exports can be of goods which can be moved physically from one country to
another or can be of service rendered. Detailed list of services are given in the Foreign Trade Policy
covering more than 160 items e.g. Insurance, Hospital, Postal and Telecommunication etc.
TWO CLASSES OF EXPORTS:
Physical Exports: If the goods physically go out of the country or services are
rendered outside the country then it is called as physical export. Deemed Exports: Where the goods
do not go out of the country physically they can be termed as deemed exports. This will be subject to
certain conditions as prescribed by the DGFT. Under Deemed Exports, the goods may be supplied
to the manufacturer exporter who ultimately export a finished product of which this supply forms a
part and ultimately go out of the country. E.g. Supply of fabrics to the garment exporter who exports
The government may announce from time to time the types of supplies that may be
considered as deemed export. The Foreign Trade Policy gives the list of supplies considered under
the Deemed Export Category. The policies and procedures are different for Physical Exports and
Deemed Exports as also the benefits available. In a nutshell, Deemed Exports do not enjoy all the
benefits that are available under Physical Export. The Foreign Trade defines exports as taking out of
India any goods by land, sea, air. Although the act does not term them as “Physical Exports”, we
have to put phrase to distinguish it from “Deemed Exports” which is sales in India but considered as
Merchant Exporter: An exporter who does not have the facility to manufacture
an item. But, he procures the same from other manufacturers or from the market
and exports the same.
can export product manufactured by him or he can export items bought from the market.
procedures, rules and regulations as prescribed by various regulatory authorities such as DGFT,
RBI, and Customs. These procedures, rules and regulations are laid down in the Exim Policy 2004-
09, Exchange Control Manual, Customs Act etc. Accordingly Export documents are required to be
prepared keeping in view of the requirement of the foreign buyers and our regulatory authorities.
HOW TO SET UP AN EXPORT ORGANISATION
The proper selection of organization depends upon
•
proprietary business organization. It can be set up easily without much expenses and legal
formalities. It is subjected to only few governmental regulations. However, the biggest disadvantage
of sole proprietorship business is limited ability to raise funds which restricts the growth. Besides the
owner has unlimited personal liabilities. In order to avoid this disadvantage, it is advisable to form a
partnership firm.
The partnership firm can also be set up with ease and economy. Business can take
benefit of the varied experiences and expertise of the partners. The liability of the partners though
joint and several, is practically distributed amongst the various partners, despite the fact that the
personal liability of the partner is unlimited. The major disadvantage of partnership firm of business
organization is that conflict amongst the partners is a potential threat to the business. It will not be
out of place to mention here that partnership firms are governed by the Indian Partnership Act, 1932
and, therefore they should be formed within the parameters laid down by the Act. Company is
another form of business organization, which has the advantage of distinct legal identity and limited
can be formed by just two persons subscribing to its share capital. However, the number of its
shareholders cannot exceed 50, public cannot be invited to subscribe to its capital and the members
right to transfer their share is restricted. On the other hand, a pubic limited company has a minimum
of seven members. There is no limit on the maximum number of its members. It can invite the public
to subscribe to its capital and permit the transfer of share. A public limited company offers enormous
potential for growth because of access to substantial funds. The liquidity of investment is high
because of easiness of transfer of shares. However its formation can be recommended only when
the size of the business is large. For small business, a sole proprietary concern or a partnership firm
Merchant Exporter i.e. buying the goods from the market or from the
manufacturer and then selling it to foreign buyers.
•
Sales Agent / Commission Agent / Indenting Agent i.e. acting on behalf of the
seller and charging the Commission.
•
Buying Agent i.e. acting on behalf of the buyer and charging Commission.
•
Whatever form of business organization has been finally decided, naming the
business is an essential task for every exporter. The name and style should be soft, attractive, short
and meaningful. Open a current account in the name of the organisation in whose name you intend
to export. It is advisable to open the account with a bank which is authorised to deal in Foreign
Exchange.
STRUCTURE OF AN EXPORT ORGANISATION
•
To look into the requirement of licenses, claiming of export benefits fiiling of documents with the
Government Authorities in Discharge of Export Obligations, if any, filing of returns to the various
Government Agencies which are mandatory, prepare and keep an information bank of various
Depending upon the size of the business the numbers of personnel under each
category may increase. For example if a company is transacting substantial volume of business in
more than one product. Then it is necessary to have marketing manager for each product so that the
buyers expense. Seller is responsible for the importer customs clearance, payment of customs
duties and taxes, at the buyers end. Buyer assumes the cargo insurance and other costs and risks.
In the export quotation, indicate the Port of destination (discharge) after the acronym DEQ, for
at destination, which is often the project site or buyers premises at sellers expense. Buyer assumes
the import customs clearance, payment of customs duties and taxes. The seller may opt not to
the cargo insurance, import custom clearance, and payment of custom duties, and taxes at the
buyers end, and the delivery of goods to the final point of destination, which is often the project site
or buyers premise. The seller may opt not to insure the goods at his/her own risk. In the export
quotation, indicate the point of destination (discharge) after the acronym DDP, for example DDP
Under the “E”-TERM (EXW), the seller only makes the goods available to the
buyer at the seller’s own premises. It is the only one of that category.
•
Under the“F”- TERM (FCA, FAS, &FOB), the seller is called upon to deliver
the goods to a carrier appointed by the buyer.
•
Under the“C”-TERM (CFR, CIF, CPT, & CIP), the seller has to contract for carriage, but without
assuming the risk of loss or damage to the goods or additional cost due to events occurring after
shipment or discharge.
•
Under the“D ”-TER M (DAF, DEQ, DES, DDU & DDP), the seller has to bear
all costs and risks needed to bring the goods to the place of destination.
All terms list the seller’s and buyer’s obligations. The respective obligations of both parties have
been grouped under up to 10 headings where each heading on the seller’s side “mirrors” the
equivalent position of the buyer. Examples are Delivery, Transfer of risks, and Division of costs. This
layout helps the user to compare the parties respective obligations under each Incoterms.
26
Items
•
Specification
•
Pre-shipment inspection
•
Payment conditions
•
Special packaging
•
Marine insurance
•
If you are satisfied on these aspects, a formal confirmation should be sent to the buyer, otherwise
clarification should be sought from the buyer before confirming the order. After confirmation of the
export order immediate steps should be taken for procurement/manufacture of the export goods. In
the meanwhile, you should proceed to enter into a formal export contract with the overseas buyer.
Before accepting any order necessary homework should have been done as to availability of the
production capacity, raw material e.t.c. It would be in the interest of the exporter to look into entering
into forward contract to safeguard against exchange rate fluctuations. Ensure that the mode of
payment is also agreed upon. In case of shipment against letter of credit, the buyer should be
advised to open the credit well in advance before effecting the shipment.
27
Credit Risk
•
Currency Risk
•
Carriage Risk
•
Country Risk
You can protect yourself against the above risks by initiating appropriate steps.
Credit Risks :
You can cover your credit risk against the foreign buyer by insisting upon opening a letter of credit in
your favour. Alternatively one can avail of the facility offered by various credit risk agencies. A
specific insurance cover can also be obtained from ECGC (Exports Credit & Guarantee Corporation)
ECGC provides cover to protect the exporter from country risks. A detailed procedure how an
exporter can get himself protected against the above risks are given in separate chapters later.
EXPORT DOCUMENTS
Any export shipment involved various documents required by various authorities such as customs,
excise, RBI, Inspection and according depending upon the requirements, there are categorized into
export sale proceeds. Out of the 16 commercial documents in the export documentation framework
as many as 14 have been standardised and aligned to one another. These are proforma invoice,
commercial invoice, packing list, shipping instructions, intimation for inspection, certificate, of
inspection of quality control, insurance declaration, certificate' of insurance, mate's receipt, bill of
lading or combined transport document, application for certificate origin, certificate of origin,
shipment advice and letter to the bank for collection or negotiation of documents. However, shipping
order and bill of exchange could not be brought within the fold of the Aligned Documentation
System,
1.
Commercial Invoice:Commercial invoice is an important and basic export
document. It is also known as a 'Document of Contents' as it contains all the information required for
the preparation of other documents. It is actually a seller's bill of merchandise. It is prepared by the
exporter after the execution of export order giving details about the goods shipped. It is essential that
the invoice is prepared in the name of the buyer or the consignee mentioned in the letter of credit. It
is a prima facie evidence of the contract of sale or purchase and therefore, must be prepared strictly
Description of goods giving details of quantity, rate and total amount in terms of
internationally accepted price quotation.
•
Octroi is the local tax levied by the civic body on goods entering into
the city.
•
There are three procedures for clearing goods which are meant for
export.
Procedure – 1, Export on payment of octroi duty and refund thereof after export.
Pay the Octroi Duty and apply for refund of payment made.
•
At Octroi Naka form B is issued with cash receipt for the payment of
Octroi Duty.
•
Original Form B.
•
Original Form C.
•
Under taking that the goods will be cleared for export within 7 days of clearance
through the octroi post.
•
Octroi officer at Docks will endorse the Shipping Bill number & shipment details
on N form.
•
ARE –1.
•
EP forms 3 copies.
•
Export order.
•
Shipping Bill.
Consignment Removed to Docks and Proof of Export to be given to Octroi authorities.
•
Company’s Letter.
•
EP form.
•
EPC.
•
Bill of Lading.
•
National task force has recommended adoption of Bar-coding for all Indian
products within five years.
55
Bar coding, using International Symbologies / Numbering, systems would enable timely and
accurate capture of product information and its communication across the supply chain ahead of
With the ultimate objective of facilitating adoption of Bar-coding for all products using international
Symbologies numbering systems all exports of finished and packaged items meant for retail sale
Goods in transit are subject to risks of loss of goods arising due to fire on the ship, perils of sea,
thefts etc. Marine insurance protects losses incidental to voyages and in land transportation.
Marine Insurance Policy is one of the most important document used as collateral security because
it protects the interest of all those who have insurable interest at the time of loss. The exporter is
bound to insure the goods in case of CIF quotation, but he can also insure the goods in case of FOB
contract, at the request of the importer, but the premium payment will be made by the exporter.
There are different types of policies such as
Specific Policy:This policy is taken to cover different risks for a single shipment. For a
regular exporter, this policy is not advisable as he will have to take a separate policy
every time the shipment is made, so this policy is taken when exports are infrequent.
Floating Policy: This policy is taken to cover all shipments for same months. There is no
time limit, but there is a limit on the value of goods and once this value is crossed by
several shipments, then it has to be renewed.
Open Policy: This policy remains in force until cancelled by either party, i.e. insurance
company or the exporter.
56
shipments to one or all destinations. The open cover may specify the maximum value of
consignment that may be sent pre ship and if the value exceeded, the insurance company must be
The place where claims are payable together with details of the agent to whom
claims may be directed & Any other details, as applicable.
QUALITY CONTROL AND PRE-SHIPMENT INSPECTION
Realizing the importance of the need for supplying quality goods as per international standards, the
Government of India has introduced Compulsory Quality Control and Pre- Shipment Inspection of
over 1050 items of export under Export (Quality Control and Pre- Shipment Inspection) Act 1963.
At present, the export items that are subjected to compulsory inspection includes food
and agricultural products, chemicals, engineering, coir, jute and footwear.
Compulsory Pre-shipment Inspection:
•
Steel ;Products
•
Jute Products
•
Status Houses
•
EUO/EPZ/SEZ
•
Specified products such as Eng/Fishery average level of Rs.1.5 Cr.for the last
three years no compliant.
For monitoring pre-shipment inspection, Govt. of India has set up Export Inspection Council (EIO)
The EIC has set up 5 Export Inspection Agencies (EIA). The EIAs are located one each at Mumbai,
Calcutta, Cochin, Delhi and Chennai. The EIAs has a network of nearly 60 offices throughout India.
Each EIA is given certain jurisdiction for inspection purpose. For instance, EIA of Mumbai has
Self-Certification
•
Under this system, complete authority is given to the manufacturing units to certify their own
products and issue certificates for export. The manufacturing units which have been recognized
under this scheme have to pay a nominal yearly fee at the rate of 0.1% of FOB price subject to
minimum of Rs.2,500/- and maximum of Rs.1 lakh in a year to the concerned EIA
In-Process Quality Control (IPQC):
In this system, companies/units adjusted as having adequate level of quality control right from raw
material stage to the finished product stage including packaging are eligible to get the inspection
certificate on a formal request by the exporter. Over 800 units all over India are operating under this
system.
Constant vigil and surveillance are kept on units approved under IPQC and self- certification system.
Units approved under the above two systems are often known as “Export worth Units”, because of
After the inspection, the goods are repacked with EIA seal
•
The Dy. Director of EIA then issues Inspection Certificate in triplicate if the
inspection report is favorable
•
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<a title="View 100 Marks Project on Export Procedure and Documentation Finally
Completed(2) on Scribd" href="100 Marks Project on Export Procedure and Documentation
Finally Completed(2)" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-
serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height:
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excellent project report on export documentation
02 / 04 / 2010
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01 / 24 / 2010
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