RESTRICTEDWORLD TRADE
ORGANIZATIONG/TRIMS/W/15
30 October 1998
(98-4224)
Committee on Trade-Related Investment Measures Original:  English
REPLIES BY INDIA TO QUESTIONS POSED BY JAPAN1
The following communication, dated 10 September 1998, has been received from the
Permanent Mission of India with the request that it be circulated to Members of the Committee.
_______________
Question 1: The Government of Japan has an “advance copy” of the Indian Ministry of
Commerce’s Public Notice No. 60, dated 12 December 1997.  The advance copy
states that the notice was “to be published in the Gazette of India Extraordinary.”
(a) Was Public Notice No. 60 published in the Gazette of India Extraordinary
the “Gazette”)?
(b) If so, when? If not, when will it be published in the Gazette?
(c) Is the copy of Public Notice No. 60 published in the Gazette identical to the
advance copy? If not, please provide a copy of the notice as published in theGazette and please describe the ch anges made and the reasons for such
changes.
(d) When did Public Notice No. 60 take effect? Where is this effective date
specified?
Public Notice No. 60 was published in the Gazette of India Extraordinary.  It has
become effective from 12.12.1997.  Public Notice No. 60 published in the Gazette is
identical to the notification issued.
Question 2: Legal Basis for Public Notice No. 60:
(a) Does the Export and Import Policy, 1997-2002 provide the legal basis for
Public Notice No. 60?
(b) When was the Export and Import Policy, 1997-2002 promulgated? Was it
published in the Gazette?  If so, when? If not, why not?
(c) Are there any other measures, whether legislative or administrative, that
provide any legal basis for Public Notice No. 60?  If so, please provide a
copy of the papers concerned.
(d) Does the Deputy Director of Foreign Trade have the authority to
promulgate Public Notice No. 60? Does the Director of Foreign Trade have
                                                     
1 See document G/TRIMS/W/12.G/TRIMS/W/15
Page 2
it? If Public Notice No. 60 was formally approved by any other government
officials, please provide a copy of each document evidencing such approval.
Yes, the Export and Import Policy 1997-2002 (the “EXIM Policy”) issued under the
Foreign Trade (Development & Regulation) Act 1992 provides the legal basis for allPublic Notices.  The EXIM Policy itself was issued through a notification.  All Public
Notices are signed by the Director General of Foreign Trade (the “DGFT”) and issued
under the signatures of the concerned Deputy Director General of Foreign Trade.
This practice has been followed in Public Notice No. 60 also. The EXIM Policy and
Public Notices are issued by the DGFT under the enabling provisions of the Foreign
Trade (Development & Regulation) Act 1992 and are binding and legally enforceable.
Question 3: Other than Public Notice No. 60 an d the Export and Import Policy, 1997-2002, are
there any other measures (including laws, decrees, regulations, instructions, and
other implementing acts) relevant to entering into a memorandum of
understanding (MOU) with automobile manufacturers and/or granting licenses to
import CKD/SKD kits/ components? Please provide a copy of the papers concerned .
No.
Question 4: Definition of “CKD/SKD kits/components”:
(a) What is the scope of the term “CKD/SKD kits/components” as used in
Public Notice No. 60?
(b) In particular, please distinguish that term from the term “components”.
That is, what distinguishes the impor t of automotive components from the
import of “CKD/SKD kits/components”?
(c) Where is the term “CKD/SKD kits / components” defined in Indian law?
(d) Please compare the term “CKD/SKD kits/components” with the term
“components for motor vehicle in CKD/SKD form,” which is also used in
Public Notice No. 60.  Where is this term defined in Indian Law?
The scope of the term CKD/SKD kits/components is defined in Public Notice No. 60
itself.  The terms are very clearly defined in the ITC (HS) Classifications of Export
and Import Items.
Question 5: Please provide a copy of the standard license issued by the Government of India for
importation of “components for motor vehicle in CKD/SKD form.”  If a different
license is issued for imports of “c omponents” or CKD/SKD kits/components,”
please also provide a copy of that .
The format of issuing licences is enclosed at Annex A.  This is the standard format for
issuance of import licences.  No licence is required for import of components.
Question 6: The 1995 Parameters:
(a) Were the 1995 Parameters, which are referenced in Public Notice No. 60,
published in the Gazette? If so, when? If no, why not?
(b) Please provide a copy of the 1995 Parameters.G/TRIMS/W/15
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(c) Were the 1995 Parameters repealed or do they remain in effect?
(d) Why were the 1995 Parameters changed? What are the “changed
circumstances” referenced in Public Notice No. 60?
(e) What procedures were followed for revising the 1995 Parameters? In
particular, were the proposed revisions published (or otherwise provided to
affected parties) before they took effect, was there opportunity for public
comment about the proposed revisions, and if so were any changes made to
the proposed revisions as a result of the public comments?  If they exist,
please provide a copy of the proposed revisions and of each of the public
comments submitted .
No parameters were laid down in the year 1995 and individual MOUs were entered
into with the concerned manufacturers on the basis of their own projections in respect
of indigenisation and exchange neutralisation.   It was with the intention to make theMOU policy transparent and objective that Public Notice No. 60 was brought out with
a view to creating a level playing field for all manufacturers who were mostly seen to
have disregarded even their own projections reflected in the 1995 MOUs.
Question 7: Lists of MOUs:
(a) Please provide a list of all the companies that had entered into an MOU
with the Government of India pursuan t to the 1995 Parameters.  For each
of such companies, please also indicate the names of the foreign joint
venture partners and the current status of the MOUs.
(b) Please provide a list of all the companies that have entered into MOUs with
the Government of India pursuant to  Public Notice No. 60.  For each of
such companies, please also indicate the names of the foreign joint venture
partners.
It is not necessary to provide any lists for a proper consideration of the issues
involved.  The Government of India would like to respect commercial confidentiality.
Question 8: The Standard Form MOU:
(a) Is any MOU submitted by any company fulfilling the standard format in an
appendix to Public Notice No. 60 auto matically signed by the Government
of India?
(b) If not, what other standards apply? Where are those standards specified in
Indian law?  Is an MOU submitted by a company checked, cleared, or
approved before signature by the authority?
(c) Who is the authority responsible for deciding whether to sign an MOU?
How much, if any, discretion does that official have in making such
decisions?  Which Indian law specifies the authority and the level of
discretion?
(d) Are there any MOUs concluded to date pursuant to Public Notice No. 60
that differed from the standard format in any respect?G/TRIMS/W/15
Page 4
(e) If so, please describe the variations established to date.  Have these
variations been publicized?  Will future draft MOUs that conform with
these variations be signed automatically or treated as if they fully
conformed with the standard format?  If not, please explain under whatcircumstances those variations will be accepted again?
(f) If the Indian Government has not entered into any MOU not in the
standard format, is it allowed under Indian law to submit a draft MOU not
in the standard format?  If so, please explain who has the authority to
accept or reject a draft MOU not in the standard format, what standards
apply to such decisions, how much di scretion the deciding authority has,
whether accepted variations will be publicized, and whether these variations
once accepted will automatically be accepted for subsequent applicants?
The MOU submitted by any company fulfilling the standard format in the appendix to
Public Notice No. 60 is almost automatically  signed by the DGFT.  There are no other
standards applied.  As the Public Notice itself is so transparent, there is no discretion
at any level.  The MOUs signed so far are in tune with the Public Notice No. 60.
Question 9: Pending Applications :
(a) Are there any companies that have submitted an MOU to the Government
of India for its signature pursuant to Public Notice No. 60, but for which
the Government has not yet signed or rejected the signature?  If so, please
list all such companies, the names of the foreign joint venture partners, and
the date on which it submitted the MOU for the Government’s signature.
(b) Are MOUs submitted to the Government of India for its signature examined
strictly in the order in which they are submitted?  If not, please explain
what other factors influence the order of examination.
(c) Are there any cases in which companies submitted MOUs to the
Government of India for its signature under the 1995 Parameters, forwhich no action has been taken by the Government since Public Notice No.
60 took effect?  If so, please list all the companies concerned and the names
of the foreign joint venture partners and please explain the current status of
such submissions.
9bis: What is meant by the term “all existin g entrants” in Public Notice No. 60? Does it
include both the companies which entered into MOUs with the Government of
India pursuant to the 1995 Parameters and those, if any, which submitted MOUs to
the Government of India for its signature, but for which no action has been taken
by the Government since Public Notice No. 60 took effect?
No MOUs are pending signatures and none have been rejected.  The only factor
influencing the signing of the MOU is whether the MOU draft submitted by the
concerned company is in consonance with Public Notice No. 60.  The expression
‘existing entrants’ as used in the Public Notice No. 60 includes those companies thatsigned MOUs with the Government of India as per the 1995 Parameters.
Question 10: Are there any cases in which companies submitted MOUs to the Government of
India for its approval (under either the 1995 Parameters or Public Notice No. 60)G/TRIMS/W/15
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but signature was rejected?  If so, please list all those companies, the names of the
foreign joint venture partners, and the reasons for the rejection .
There is no such case.
Question 11: Impacts on Companies with Pre-Existing MOUs:
(a) Are there any companies which entered into MOUs with the Government of
India under the 1995 Parameters but have not yet entered into revised
MOUs under Public Notice No. 60?
(b) If so, what, if anything, has happened  to such companies? Where are those
consequences specified in Indian law?
(c) If not, how long have such companies been given to take to enter into
revised MOUs? Where is that period of time specified in Indian law?  What
will happen to the companies which do not enter into the revised MOUswithin the specified period of time? Where are those consequences
specified?
No time limit has been prescribed for signing the MOUs and moreover there are no
consequences.  The Public Notice prescribes  a facility for companies and stipulates
that an MOU is a pre-requisite for issuing import licences for CKD/SKD kits.
Companies shall not be granted import licence for CKD/SKD kits until a  revised
MOU is signed with the Government of India.
Question 12: Were companies that entered into MOUs under the 1995 Parameters provided any
compensation due to the Government of India’s unilateral decision to change the
terms of the understanding?  If so, how was the amount of compensation
determined?  If not, why not?
There is no question of compensation involved as a consequence of the change in the
Policy.  The previous MOUs were renewable every two years on the basis of
performance as per the MOU parameters.  The new MOU policy was necessitatedbecause the companies failed to achieve those parameters and the MOUs could not,
therefore, be renewed.  The new MOU policy has enabled them to continue these
operations by undertaking fresh commitments.
Question 13: Have the companies been assure d that the Government of India will not
unilaterally require any further changes to the terms of the MOUs? If so, please
explain the assurance .
No change in the terms of the MOUs may be required  as long as the companies
perform as per the terms of the MOUs.
Question 14: What is the legal status under Indi an law of MOUs made pursuant to Public Notice
No. 60?  Where is this status specified in In dian law?  Is the status the same as that
of MOUs made under the 1995 Parameters?  If not, what is the difference between
them?
Public Notices are issued under the authority derived from the Foreign Trade
(Development & Regulation) Act, 1992.G/TRIMS/W/15
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Question 15: Are imports of automotive componen ts, other than components in “ckd/skd form,”
restricted by the Export-Import Policy?  If so, please explain how they are
restricted, where those restrictions are specified, if they are authorised by Indian
law, and what conditions must be satisfied to import such components?
The import of automotive components is not restricted by the EXIM Policy.  Only
those in CKD/SKD form are restricted.
Question 16: Does the Export-Import Policy rest rict imports of “CKD/SKD kits/components” by
Indian companies other than joint venture companies?  If so, what conditions must
be satisfied by such companies to ob tain import licences, where are those
conditions specified if they are authorised by  Indian law?  If there is any difference
between conditions applicable to join t venture companies and other Indian
companies, please explain it .
The requirements are applicable uniformly to both Indian companies as well as to
joint venture companies.
Question 17: Public Notice No. 60 contrasts the term  “manufacture of cars” with the term “mere
assembly of imported kits/components.” What is meant by these two terms?  In
particular, please explain the difference between these two terms.  Where are these
terms defined in Indian law?
The “manufacture of cars” means substantial manufacturing activity by a company in
the country itself.  This is different from mere assembly of imported goods.  These are
internationally well understood terms.
Question 18: Required Minimum Foreign Equity:
(a) What is the purpose of requiring foreign joint venture partners to
contribute a minimum of US$ 50,000,000 in equity?
(b) What impact does this requirement have on India’s international trade?
(c) Why is this requirement limited to joint venture companies with majority
foreign ownership?
(d) Why is this requirement limited to new joint venture companies?
(e) How does this requirement apply to a case where a joint venture company
does not have majority foreign ownership at the time it enters into the MOU
with the Indian Government but the foreign partner subsequently obtains
majority ownership? Does it matter how long it takes for the joint venture
company entering into the MOU to obtain the majority ownership?
(f) How does this requirement apply to a case where a joint venture company
has majority foreign ownership at the time it enters into the MOU with the
Indian Government but the foreign partner subsequently loses majority
ownership?  Does it matter how long it takes for the joint venture companyentering into the MOU to lose majority ownership?
The purpose of the MOU is to encourage manufacture of cars as against mere import
and re-assembly of CKD/SKD kits that are restricted for imports due to balance ofG/TRIMS/W/15
Page 7
payments reasons.  The minimum equity stipulation provides comfort that the foreign
companies have a reasonable financial commitment for continuing manufacturing
activity in the country.  This condition has been imposed on new joint venture
companies because the existing companies have already invested more than their
minimum stipulation.
Question 19: Definition of “Indigenisation”:
(a) What is meant by the term “indigenisation” in Public Notice No. 60?  Is the
term defined in Indian law? If so, please also explain it.
(b) What standards are used to determine whether an automotive component is
an “indigenous” component for pu rposes of the “indigenisation”
requirement of Public Notice No. 60? In particular, is that standard related
to a percentage of value added, sub-components, or materials? If so, please
provide specific figures.  Are these standards specified in Indian law?
(c) Who determines whether an automotive component is an “indigenous”
component for these purposes? Where is that authority specified in Indian
law?
(d) When is it determined whether an automotive component is an
“indigenous” component for these purp oses? Where is that timing specified
in Indian law?
(e) For purposes of determining the compliance of a joint venture company
with the minimum percentage of “indigenisation”, what is the denominatorin the equation? What is the basis for measuring the total number of
components to be divided into the number of “indigenous” components to
determine the percentage of “indigenisation”?  Is the denominator based
on the total number of components alone or is it value-weighted?  If value-
weighted, what method of valuation is used?  Where is this methodology
specified in Indian law?
(f) Over what period of time is the “indigenisation” level measured?  A
calendar year, a fiscal year, a quarter, or a month?   The production at the
end of the year?  Where is this period specified in Indian law?
(g) Is a joint venture company entitled to regard components purchased in
India as “indigenous” regardless of  whether or not the vendor of the
components imported them?  If not, please explain what obligations the
purchaser has, to obtain information and documentation from the vendor.
Where is the authority for those obligations in Indian law?
Indigenisation is a commonly understood term.  The manufacturing companies, who
are in business, clearly understand the term indigenisation.
Question 20: Compliance with the “Indigenisation” requirement:
(a) Who determines whether a joint venture company has met the
“indigenisation” requirement in the third and fifth years?  Where is the
authority specified in Indian law?G/TRIMS/W/15
Page 8
(b) What is meant by the terms “in the third year” and “in the fifth year”?  By
what dates does a joint venture company have to meet the minimum
“indigenisation” requirements?
(c) What happens if a company fails to meet the minimum "indigenisation"
requirements?  How about in the case of the third year and the fifth year?
Does it matter how much the joint venture company falls short of the
minimum requirement? How much discretion does the Indian Government
have in making these decisions?  Where are these consequences specified in
Indian law?
(d) What happens if a joint venture company fails to meet the 50% requirement
in the third year, but meets it in the fourth or fifth year?  What if it still fails
to meet the 50% requirement in the fifth year? What happens if a company
fails to meet the 70% requirement in the fifth year, but meets it in a
subsequent year?
(e) What is meant by the phrase “no need for further import licences”?  Does
this mean that a joint venture company that has reached the 70%
“indigenisation” level may import as many components or “CKD/SKD kits/
components” as it needs thereafter?
(f) What happens after a company meets the 70% “indigenisation” level?  Does
it have any further obligations to report to the Indian Government or
submit to Government review of its “indigenisation” level? If so, what
happens if it is found that the compan y has subsequently fallen below the
70% level?
(g) If a company reports to the Indian Government that it has met the 70%
requirement, does it immediately “go outside the ambit of the MOU
automatically”?  Can it submit such a report at any time or only in the
annual report?  Or, must the Government determine that a company has
met the 70% requirement before it goes “outside the ambit of the MOU”?
If the latter, where is the requirement of government determinationspecified in Indian law?
(h) What is meant by the phrase “go outside the ambit of the MOU
automatically”?  Does this mean that all obligations under the MOU
terminate immediately, except for the previously incurred export obligation?Specifically, do the reporting and review requirements terminate?  If a joint
venture company meets the 70% “indigenisation” requirement before the
foreign partner contributes $ 50,000,000, must the equity contribution still
be made?
Under the Public Notice No. 60, issued under specific authority of law, DGFT has
been authorised to determine whether requisite indigenisation has taken place or not.
Each of the three obligations under the MOU continues until it is met with fully.
Once all the obligations are met, the company goes out of the MOU completely.
Question 21: Why do the new “indigenisation” requirements apply to companies that had
already entered into the MOU under the 1995 Parameters.
Please refer to the reply to Question 12.G/TRIMS/W/15
Page 9
Question 22: What is meant by the phrase “the  party shall aggressively pursue and achieve as
soon as possible the development of the local supply base and increase local
content” in the standard format MOUs?  Does this create any obligation on joint
venture companies to do anything other than complying with the minimum“indigenisation” levels specified in Public  Notice No. 60?  Where is the authority
for this phrase under Indian law?
Notification in this regard is very clear.  It does not impose any obligation beyond
70% of indigenisation.
Question 23: Scope of the Export Obligation:
(a) What is meant by the phrase “ach ieve a broad neutralisation of foreign
exchange”?  Does it require anything other than “balancing” the actual
CIF value of imports of CKD/SKD ki ts/components and the FOB value of
exports of cars and auto components”?
(b) Is there an obligation to “balance” imports of “components” other than
“CKD/SKD kits/components”?  If so, where is the authority for that
obligation under Indian law?
(c) Is there an obligation to “balance” purchases in India of imported
“components” or “CKD/SKD kits/ co mponents”?  If so, where is the
authority for that obligation under Indian law?
(d) If the answer to the first question in  Part C is “yes,” is there an obligation
to enquire whether components purc hased in India are “indigenous” to
India and, if they are not, to document their “actual CIF value”?  If so,
where is the authority for that obligation under Indian law?  Is a joint
venture company entitled to rely in  good faith on representations made by
vendors of components?
(e) Must the value of imports made in the first two years be “balanced” or only
imports made beginning in the third year?
(f) What is meant by the phrase “the  EPCG related export obligation” in
Public Notice No. 60?  Please provide copies of the government measures
(including laws, decrees, regulations,  instructions, and other implementing
acts) relevant to “the EPCG related export obligation.”
(g) What is meant by the phrase “the export obligation would be met by export
of cars as well as auto components” in Public Notice No. 60? Is there any
obligation to export both cars and auto components or will export ofsufficient quantities of either one satisfy the export requirement?
“Broad neutralisation of foreign exchange” actually means balancing of the CIF value
of imports and FOB value of exports of cars and auto components.  It includes the
purchases in India of the imported components or CKD/SKD kits.  The value ofimports made in the first two years also will need to be balanced.  The EPCG Scheme
entitles a company to import capital goods free of duty in lieu of which it is supposed
to discharge additional export obligation and hence this obligation under EPCG
Scheme would be in addition to the obligations imposed under the MOU.G/TRIMS/W/15
Page 10
Question 24: Compliance with the Export Obligation:
(a) What is meant by the phrase “the value of imports of CKD/SKD may be
regulated with reference to the expor t obligation fulfilled in the previous
years” as used in Public Notice No. 60?  In particular, what is meant by the
phrase “with reference to”?
(b) Does this phrase require that the value of imports is automatically limited
to the value of the previous year’s exports?  Or do the word “may” and the
phrase “with reference to” mean that the Government has discretion in
determining whether to limit imports?  If so, does the Government havediscretion in setting the amount of the limitation?
(c) If the Government has such discretion, who has the authority to exercise it
and what standards apply? In particular, does the percentage of
“indigenisation” influence the limitation on imports?  Where are theauthority and standards sp ecified in Indian law?
(d) What happens if a company has met the 70% “indigenisation” level, but
has not started exporting yet?  Will its imports be limited?  If so, where is
the authority to limit such imports specified in Indian law?
(e) Other than the import limitation starting in the fourth year, are there any
other consequences for failing to start exporting in the third year?  In
particular, are there any other consequences that might be imposed during
the third year?  If so, where is the authority for those consequencesspecified in Indian law?
CKD/SKD kits imports would be allowed with reference to the extent of export
obligation fulfilled in the previous year. The Government of India expects that the
companies signing the MOU will be implementing it in good faith.  There is hardly
any discretion involved in determining the extent of import of CKD/SKD kits except
by way of considering any genuine problems the company may have faced inachieving the export levels.  If the company has met the 70% indigenisation level and
has not even started exports, its imports could be limited under the provisions of the
notification.
Question 25: Why do the new export requirements apply to companies that had already entered
into MOUs under the 1995 Parameters?
Please refer to the reply to Question 12.
Question 26: Does the Government of India inform each of the joint venture companies of the
results of the Joint Annual Review?  Is the company given the opportunity to
comment on the results?  May the result s be changed in light of the comments
received?  What steps are taken to ensure the confidentiality of sensitive
information obtained as a result of the MOUs, annual reports, or Joint Annual
Reviews?
The Government of India, through th e DGFT would inform the joint venture
company the result of the annual review a nd the company would certainly be given anG/TRIMS/W/15
Page 11
opportunity to comment on the results.  In fact, the review itself would be with full
participation of the company.
Question 27: What is meant by the phrase “under foreign collaboration” in Public Notice No.
60?  In particular, how is this collaboration distinguished from a joint venture?
Foreign collaboration could mean any form of collaboration, it could be for
technology, with or without any financial commitment by way of equity participation.
However, joint venture implies equity participation by a foreign collaborator.
Question 28: What are the policy purposes of Public  Notice No. 60?  Please explain it in general
and also with respect to the change s from the 1995 Parameters.  Did the
Government of India consider whether any other measures would further those
policy purposes?  If so, please explain wh at other measures were considered and
why this measure was adopted?
As has been explained, there were no uniform parameters in 1995 and the MOUs
were signed on the basis of projections furnished by the companies themselves.
There was a wide variation in these projections and a need was, therefore, felt to lay
down uniform parameters with a view to creating a level playing field for free
competition.  Besides, the companies did not perform even as per their own
projections.  Consequentially, the MOUs could not be renewed and the licences couldnot be issued for import of CKD/SKD kits.  The new MOU policy, therefore, had to
be promulgated in order to ensure continued operations of these companies through
CKD/SKD imports. The main purpose of the MOU policy is the management of
balance of payments even while following an open door policy towards foreign
investment which should not lead to a ne t outflow of foreign exchange.  Companies
that create full manufacturing facilities are not required to sign the MOUs.  Only
companies that are dependent on import of CKD/SKD kits are required to undertake
uniform obligations under this  MOU.  The objective being limited and transparent no
need has been felt to consider other alternatives.G/TRIMS/W/15
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ANNEX A
APPENDIX–8
APPLICATION FORM FOR IMPORT OF ITEMS COVERED BY THE NEGATIVE LIST
---------------------------------------------------------------------------------------------------------------------------Note: 1. Please see Chapter-5 of this Handbook.
2. Please read the general instructions given at Appendix 1 before filling this
application.
3. In addition to 15 copies of this application form, please also submit Appendix-1A (in
duplicate) along with this application.
---------------------------------------------------------------------------------------------------------------------------
OFFICIAL USE
File Number: ………………………………………….. Date: ………………………………
1. Name and address of the 
Applicant/firm/institution:
2. IEC Number :
3. Address of factory/unit for which 
the application is made :
4. Capital investment on fixed assets A. Land RS………………………
B. Building RS………………………C. Machinery/equipment RS………………………
(1) Amount of application fee paid : RS……………………….
(2) No. & Date of Bank Receipt/Bank 
Draft : RS………………………..
(3) Name of the Bank with address :G/TRIMS/W/15
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ANNEXURE-1 TO APPENDIX-8
(Form for import of items covered by Negative List)
1. Name of the applicant and address :
2. Type of unit : SSI / Other than 
Sector / Self UseSSI / Service
3. Registration No. / Date and name of
authority issuing :
4. End-product(s) to be manufactured
with licensed capacity :
5. Details of items applied for import :
S. No. Description Quantity CIF Value Country of Origin
6. Total CIF value applied for : (In Rupees) RS.
(In foreign currency)
7. Past production (Qty) during the
previous year:
8. Exports done during the previous
year:
9. Justification for import :G/TRIMS/W/15
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ANNEXURE-2 TO APPENDIX-8
(Form for import of items as gift under Customs Clearance Permit)
1. Name of the applicant and address :
2. Type of unit : SSI / Other than SSI / Self Use3. Name of donor and relationship :4. Whether Donor's letter furnished :5. Status of the Donor :5. Details of items applied for import :
S. No. Description Quantity CIF Value Country of Origin
7. Total CIF value applied for : (In Rupees) RS.
(In foreign currency)
8. Details of CCPs obtained and details
of any other applications filed during
the current year:
9. Justification for import :G/TRIMS/W/15
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ANNEXURE-3 TO APPENDIX-8
(Form for import of Horses for breeding purposes by recognised Stud Farms / individual breeders)
1. Name of the applicant stud farm :2. (a) Whether registered with the 
Ministry of Agriculture / RWITC :
(b) Whether photocopy of the above 
Registration Certificate furnished :
3. Description of animals (existing) :
S. No. Description of
animalsStud farm's Property Belonging to others
Imported Indian breed Imported Indian breed
1. Stallions
2. Broodmares
3. Yearlings
4. Foals
5. Colts
6. Fillies
Total
4. Description of animals applied for import :
S. No. Description of animals Quantity CIF Value Country of Origin
5. Total area and address of the stud farm :
6. No. of horses imported/produced annually
during the last three financial years:
7. Estimated production in the current financial
year:
8. Justification for import :G/TRIMS/W/15
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ANNEXURE-4 TO APPENDIX-8
(Form for import of aircraft / helicopters)
1. Name and address of the applicant :2. Details of items applied for import :
S. No. Description ITC (HS)
CodeQuantity CIF Value County of
Origin
Total CIF Value :
In Rs. ……………………………………
In foreign currency ……………………..
3. Year of manufacture4. Whether new/second hand5. Seating capacity
6. Country of origin
7. Residual life8. No. of flying hours already completed9. No. of aircraft(s) already imported/in
possession with the applicant
10. Whether the applicant falls under the
private category or passenger category
11. Whether requires CCP Licence12. No. and date of recommendation letter
of DGCA (enclose a copy thereof)
13. Justification for importG/TRIMS/W/15
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ANNEXURE-5 TO APPENDIX-8
(Form for import of stock and sale items)
1. Name of the applicant and address :
2. Type of unit :3. Particulars of goods to be imported :
S. No. Description ITC (HS)
CodeQuantity CIF Value County of
OriginG/TRIMS/W/15
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DECLARATION / UNDERTAKING
1. I/We hereby declare that the particulars and the statements made in this application are true
and correct to the best of my/our knowledge and belief and nothing has been concealed orheld therefrom.
2. I/We fully understand that any information furnished in the application if proved incorrect or
false will render me/us liable for any penal action or other consequences as may be prescribed
in law or otherwise warranted.
3. I/We undertake to abide by the provisions of the Foreign Trade (Development and
Regulation) Act, 1992, the Rules and Orders framed thereunder, the Export and Import Policy
and the Handbook of Procedures.
4. I/we hereby declare that the goods imported will be utilised for the purpose for which they are
imported and shall not be sold or permitted to be sold by any other party unless otherwisepermitted as per the condition of the licence.
5. I hereby certify that I am authorised to verify and sign this declaration as per Paragraph 3.8 of
the Policy.
Signature of the Applicant: …………………………………………..
Name: ……………………………….
Designation: ……………………………….
Official Address: ………………………………..
Place: ………………………………… Tele. No.: ………………………………..
Date: …………………………………. Residential Address: …… …………………………..
………………………………..
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Documents to be enclosed with the application form:
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1. Bank Receipt (in duplicate) / Demand Draft evidencing payment of application fee in terms of
Appendix-34.
2. Self certified copy of Proforma Invoice from foreign supplier showing CIF value etc. of the
goods.
3. Self certified copy of Registration Certificate issued by concerned authority.4. Copy of recommendation of r ecommending authority, if any.G/TRIMS/W/15
Page 19
5. Donor's letter in original in case of import of gift.
6. For import of ammunition, please also furnish:
(a) Fire Arm Dealers Licence No., date and validity.
(b) Issuing authority of Fire Arms Dealers licence.(c) Past three years sales turn over of ammunition (indigenous and imported).  Attach
certificate from Chartered Accountant/Cost and Work Accountant/Company
Secretary as per Paragraph 5.12 of the Procedures.
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