Export of Goods Through Post

The Reserve Bank of India had formed ‘Foreign Exchange (Export of Goods & Services) Regulations’ 2015 by the integrity of the powers given by Section 7(3) (1) (a) and Section 47(2) of the FEMA Act, 1999 and in the ambit of its Notification dated 23/05/2000 and modified from time to time. Furthermore, Export trade is in control by the Directorate General of Foreign Trade and its regional offices which are working under the Ministry of Commerce and Industry, Department of Commerce, Government of India.

Quick Look

Goods that are not prohibited or restricted for export under the FTP can be exported by post via designated Foreign Post Offices, Sub-Foreign Post Offices, or Export Extention Counters. Drawback items can also be sent by post, but not under export promotion schemes such as DEPB, Advance License, DFRC, EPCG, and so on. Commercial samples, product prototypes, and complimentary gifts can all be sent using the postal service. Let us first understand the meaning of Export before we move on to discuss exports of Goods through Post.

Meaning of Export

Export refers to the selling of services produced in home country to other countries” markets. The exporter is the seller of such goods and services. Regulation 3(3) states the exporter exports such services without providing any declaration. It shall be responsible to appreciate the amount of foreign exchange which becomes due or gets accrued on account of such export and to resubmit the same to India in agreement with the rules of the Act and these regulations, as also other rules and regulations are specified or provided under the Act.

Export with Declaration

Export or import of goods is through various channels whether Air, Sea, Road, Post, and courier. Every channel has separate guidelines set by regulatory authorities 

• Central Bank (RBI) 
• Central Board of Indirect Taxes 
• Customs (CBIC).

Procedure for Exports of Goods

One needs to follow the following procedure for Exports of Goods:

• Regulation 6 specifies that Declaration in Forms E, D, and F shall have complied in duplicate to the Commissioner of Customs.  
• After properly verifying, validating, and authenticating the declaration form, the Commissioner of Customs shall advance the authentic declaration form/data to the nearest office of RBI and give the duplicate form to the exporter for being submitted to the approved owner.
• The declaration in form SOFTEX in regard to the export of computer software and audio/video/television software and other third-party equipment software shall be complied in triplicate to the authorized official of the Ministry of Information Technology, Government of India at the Software Technology Parks of India or the Free Trade Zones or Special Economic Zones in India.
• After confirming the three submitted copies of SOFTEX form, the authorized official shall forward the initial copies directly to the nearest office of RBI and return the matching copy to the exporter.  The third copy shall be retained by the authorized official for the record.

Guidelines as per Customs for exports through Post

Goods which are not prohibited for export means are exempt from the prohibitions under the FTP or the Customs Act, 1962. Furthermore, Goods like wild animals, wild birds and parts of wild animals and birds, ivory, arms like revolvers and pistols and handguns and ammunition, and narcotic drugs are strictly prohibited.

Duty free genuine commercial samples and goods supplied free of charge of a value not exceeding Rs.50, 000/- and which do not involve the transfer of foreign exchange. Gifts of articles for personal use that are of a value not exceeding 25000 and do not involve the transfer of foreign exchange and also purchase made by foreign tourists subject to proof that the payment has been made in foreign exchange.

The rate of duty and tariff value will be applicable based on the date on which the exporter delivers such goods to Postal Authorities for exportation.

The drawback can also be availed for export through the post and also through other export promotion schemes Advance License, DFRC, EPCG

Procedure for Postal Exports

Following is the procedure that the applicant should keep in mind for the Postal Exports:

• Articles that are exported by posts have to be covered by a declaration.  
• If exports made by posts are more than Rs. 50 and if the payment has to be received, then the articles have to be mentioned on the exchange control form.
• If the postal article is covered by a certificate that is issued by an authorized dealer in foreign exchange the export does not evolve any transaction in foreign exchange up to Rs. 500.

Export of goods through Post as per RBI Guidelines or Regulations

Postal Authorities shall allow the export of goods by post. The condition is only if the original copy of the EDF has been countersigned by an AD. Therefore, EDF which involves sending goods by post should be first presented by the exporter to an AD for countersignature. The procedure is as under:

• AD shall countersign EDF after ensuring that the parcel has been addressed to their branch or correspondent bank in the country of import and return the original copy to the exporter, who shall then submit the EDF to the post office with the parcel.
• The duplicate copy of EDF shall be retained by the AD to whom the exporter shall submit relevant documents together with an extra copy of the invoice for negotiation/collection, within the prescribed period of 21 days.
• The concerned overseas branch or correspondent shall be instructed to deliver the parcel to the consignee against payment or acceptance of the relative bill.
• AD may, however, countersign EDF covering parcels addressed directly to the consignees, provided:
• An irrevocable letter of credit for the full value of the export has been opened in favor of the exporter and has been advised through the AD concerned.
• The full value of the shipment has been received in advance by the exporter through an AD.
• The AD is satisfied, on the basis of the standing and track record of the exporter and the arrangements made for the realization of the export proceeds.

In such cases, particulars of advance payment/letter of credit / AD’s certification of standing, etc., of the exporter should be furnished on the form under proper authentication.

• Any alteration in the name and address of the consignee on the EDF form is also authenticated by AD under stamp and signature.

Conclusion

Imports and Exports play a crucial role in not only determining but also ascertaining the economic health of the country. The more an economy engages in export, the better the economy will be resulting in attracting capital. It is pertinent that compliance ensures with the legal frameworks that are put in place to regulate the exports and imports of the country as compliance with the legal frameworks ensures that trade is in continuance to operate smoothly.