EXPORT ORIENTED UNIT SCHEME ( EOU)   

 

 

 

 

 

1.       Categories

2.       Setting up a unit

3.       Automatic Approvals

4.       Letter of permission( LOP)

5.       Letter of undertaking( LUT)

6.       Import

7.       DTA Sales

8.       Duty free Import Authorization Scheme

9.       Net Foreign exchange Earnings

10.    Transfer, Merger, Amalgamation

11.    Winding up

12.    Monitoring and Administrative control

13.    Time bound disposal of applications

 

EOU SCHEME

The EOU scheme was introduced in the year 1980 vide Ministry of Commerce resolution dated 31^st December 1980 . The purpose of the scheme was basically to boost exports by creating additional production capacity. The EOU scheme is complementary to the EPZ scheme, except that it is widely dispersed in location, unlike EPZs, which are set up at specific locations.

The Export Oriented Unit (EOU) Scheme, which had been introduced in the early 1980s remains in the forefront of country’s export production schemes. The scheme has witnessed many changes over the last twenty-four years in the context of ever changing economic realities. However, the basic premise remains the same. This premise is that the exporters are treated as a special class and given the required tariff, non-tariff and policy support to facilitate their export efforts. Thus, today the EOU Scheme has emerged as a dynamic policy initiative facilitating the exporting community in the task of increased exports. Earlier, the scheme was basically for manufacturing sector with certain minimum value addition in terms of export earnings. The EOU scheme is presently governed by Chapter 6 of the Foreign Trade Policy 2004-09 and Chapter 6 of the Handbook of Procedures and Appendix 14 I A to Appendix 14 I N.

A 100 per cent export-oriented unit is an industrial unit offering for export its entire production, excluding the permitted levels of domestic tariff area sales for manufacture of goods, including repair, re-making, reconditioning, re-engineering and rendering of services. Trading units are not covered under this scheme. EOU means an export oriented unit for which an LOP (letter of permission) has been issued by the Development Commissioner.

Units can be set up for manufacture of goods, including repair, re-making, reconditioning, re-engineering and rendering of services.

1. 100% EOUs fall into 3 categories

(a)     EOUs established anywhere in India and exporting 100% products except certain fixed percentage of sales in the Domestic Tariff Area (DTA) as may be permissible under the Policy.

(b)     Units in Free Trade Zones in Special Economic Zones (SEZs) and exporting 100% of their products.

(c)     EOUs set up in Software Technology Parks (STPs) and Electronic Hardware Technology Parks (EHTPs) of India for development of Software & Electronic Hardware.

2. Setting up a unit

For setting up a 100 per cent EOU the following conditions are applicable:

(i)             There should be a minimum investment of Rs. 1 crore in plant and machinery. The minimum investment should take place before the unit commences production.

(ii)           This shall however not apply to existing units, units in handicrafts, agriculture, floriculture, aquaculture, animal husbandry, information technology, services, brass hardware and handmade jewellery sectors. The Board of approval may also allow for lower investment criteria.

(iii)          The entire production and operation of 100 per cent EOUs must be in a customs bonded factory, unless specifically exempt from physical bonding; Goods will be imported into the customs bonded factory.

(iv)          the unit shall undertake to manufacture in the bonded area and to export its entire production for a period of 10 years ordinarily and 5 years in case of products liable to rapid technological change;

Regarding the export obligations of 100 per cent EOUs, the following conditions apply :

a)  EOUs need not export their manufactured goods themselves but may use an export house/trading house/star trading house or other EOUs subject to certain conditions;

b)  EOUs may execute export orders also through third parties given that the goods will be directly transferred from the customs bonded factory to the port of shipment and all export benefits will be to EOUs only.

(v)            An approved EOU will execute a bond/legal undertaking with the Development Commissioner concerned and failure to fulfill the obligations stipulated in the letter of approval or intent will render the unit liable to penalty.

(vi)          EOUs have to meet norms regarding earning in foreign exchange as laid down in export performance and NFEP norms. They have to be a positive net foreign exchange earner over five years from the commencement of production.

(vii)         EOUs have to maintain a proper account of the imports, consumption and utilization of all imported materials and exports made by the unit; these accounts will be submitted periodically to the Development Commissioner.

Wherever an existing industrial unit is operating both as a domestic unit as well as an approved 100 per cent EOU, it should have two distinct identities with separate accounts.

(viii)       EOUs are permitted to sell part of the production in the domestic tariff area subject to certain limits

(ix)         The F.O.B  value of exports of an EOU can be clubbed with the F.O.B value of exports of its parent company in the domestic tariff area to attain export house, trading house or star trading house status for the parent company;

(x)           Supplies produced in the domestic tariff area under global tender conditions, against payment in foreign exchange, against advance licenses and other import licenses, and to other EOUs with the permission of the Development Commissioner, will be counted towards the fulfillment of export obligations.

(xi)         EOUs are free to select the location of a project.

But in cities with a population of more than a million as per 1991 census such as Bangalore, the proposed location should be at least 25 km away from the Standard Urban Area limits of that city unless the EOU is to be located in an area designated as an “industrial area” before the 25^th of July, 1991 or have been declared to be non polluting industries.

Electronics, computer software and printing and any other industry notified as non polluting industry are exempt from such location restrictions.

Relaxation in the restriction can be made if industrial license is obtained as per notified procedure.

The location of industrial units is further regulated by the local zoning and land use regulations and environmental regulations

3.  Automatic Approvals

Project applications for EOU/EPZ units satisfying the conditions mentioned in Appendix 14 1B and sector specific conditions mentioned in Appendix 14 1C may be given automatic approval within fifteen days by the concerned Units Approval Committee.

In other cases, approval may be granted by the Development Commissioner after clearance from the Board(s) of Approval (BOA).

Setting up EOU requiring license

Application has to be filed with the Development Commissioner who shall forward them to the Board of Approval as per Appendix 14 1D and Department of Industrial Policy and Promotion for consideration within 45 days on merits.

The application can be signed by the proprietor in case of proprietary firms, any of the partners in a partnership firm and promoter in case of a company. A company that is already registered in India can promote an EOU without having to incorporate a new company. Separate accounts, including separate bank accounts shall suffice. A copy of the memorandum and Articles of Association has to be filed with the application. A foreign company, NRIs and foreign nationals need to incorporate a new company.

4.   Letter of Permission( LOP) shall specify the

1.       items of manufacture/service activity,

2.       annual capacity

3.       projected annual export for the first five years in dollar terms,

4.       Net Foreign Exchange Earnings

5.       Limitations, if any regarding the sale of finished goods, by products and rejects in the DTA

6.       Such other matter as may be necessary

7.       Conditions as may be required

8.       Legal undertaking in Appendix 14 1F.

9.       Permanent email address and digital signature on the said email id. In case of an EOU not having a permanent email id and digital signature, further imports and DTA sale shall not be permitted by the Development Commissioner.

Standard format for LOP for EOU units is given in Appendix 14 1E

LOP shall have an initial validity of 3 years by which time the unit should have commenced production. Its validity may be further extended to 3 years by competent authority

EOUs shall have separate earmarked premises for separate LOP. EOU may be approved on leased premises provided the lease has been obtained from the Government Dept/undertaking/agency. In case of lease obtained from private parties, LOP shall have a validity period of 5 years from the date of LUT( Letter of Undertaking) and the Development Officer shall satisfy himself as to the genuine nature of the lease.

On completion of the period of approval, the unit shall apply for renewal if it opts to continue within a period of 6 months to the Development Commissioner. If no intimation in this regard is received, the DC will cancel the approval and take further action.

5.   Legal undertaking

After receiving the LOP, the unit has to execute an undertaking in prescribed form Appendix 14-1F to abide by the terms and conditions of the LOP. The undertaking has a schedule which lays down list of duty free goods which are to be imported or procured from local market.

Bonding by the customs/excise department:  The unit has to conduct its operations under the supervision of the customs/central excise department. After obtaining LOP, the unit has to approach Customs for obtaining the facilities of duty free import and excise - duty free procurement of indigenous goods of the raw material and capital goods required for the manufacture of finished products in Bonded warehouse u/s 58 & 65 of Customs Act, 1962 for the purpose of 100% export out of India .

The village in which the EOU is located should be declared a warehousing station under section 9 of the Customs Act. Then, the unit has to execute a multi purpose Bond known as B-17 Bond which, inter alia, covering an undertaking by the unit to pay on demand an amount equal to the duty leviable on the goods imported duty free which are not proved to the satisfaction of the Asstt Commissioner of Customs as having been used in the manufacture of articles for export. The value of Bond should be 25% of the duty foregone on both domestic as well as imported capital goods and duty foregone on three months projected requirements of raw materials and consumables (both imported and domestically procured). The Bond is to the supported either by a surety for 100% of the value of Bond or by a Bank Guarantee for 5% of the value of Bond. The Bank Guarantee should be a continuing one.

The bond may be executed by the authorized signatory of the EOU on stamp paper of notified value. In case the signatory cannot be personally present at the Deputy Commissioner’s office, the signature has to be notarized.

The warehousing license issued to the EOUs and STP/EHTP units would be valid for a period of five years. However, in case of fraud, gross misconduct, suppression of facts etc, action may be taken for cancellation of the license as per the law

6. Import

For the import of duty free capital goods or raw materials, unit has to make an application to Customs along with

1.       Copy of invoice duly attested,

2.        Packing list,

3.       Import certificate from STPI in case of STP, HTPI units,

4.        IGMS & Airway Bill or Bill of lading.

The jurisdictional Range officer/ Superintendent of Customs will issue a serial numbered Procurement Certificate for duty free imported goods.

The EOU has also to take a Central Excise Manufacture Code No. from the Superintendent, Central Excise, having jurisdiction over the bonded premises to enable it to sell in the domestic market.

If the EOU does not have an Import Export Code, it will have to apply for the same.

Various other approvals are required to be taken from State Government Agencies/Departments, like for electricity, power, VAT/Sales tax, Commercial Tax, Small Scale Industry, Factories Act, and Pollution.

Requirements for Approval

Such approvals will be subject to the conditions given below: ~

·         The entire production and operation of 100% Export Oriented shall be in a customs bonded factory unless otherwise specifically the Collector of Customs/Central Excise concerned will provide the bonding facilities for the factory premises on payment. The normal procedure that is applicable for Customs bonding will be followed including transit bond