18 September 2007
Pls advice if a consultant rendering management consultancy in india wanting to render services abroad needs any registration with any authority
The general policy relating to the Export Promotion Councils is given in chapter 13 of the Policy.
13.2 Authorities Issuing RCMC
An exporter desiring to obtain a Registration-cum- Membership Certificate (RCMC) shall declare his main line of business in the application which shall be made to the Export Promotion Council (EPC) relating to that line of business. However, a status holder has the option to obtain RCMC from Federation of Indian Exporters Organisation (FIEO). The service exporters (except software service exporters) shall be required to obtain RCMC from FIEO.
In addition, an exporter has the option to obtain an RCMC from FIEO or any other EPC, if the products exported by him relate to those EPC's. If the export product is such that it is not covered by any EPC, RCMC in respect thereof may be issued by FIEO.
A list of Export Promotion Councils/Commodity Boards with addresses and other details is given in Appendix-31.
13.3 Procedure For Issue Of RCMC
An application for registration may be made to the concerned registering authority in the form given in Appendix-3A alongwith the documents prescribed therein.
If the application for registration is accepted, the concerned registering authority shall issue the RCMC indicating the status of the applicant as merchant exporter or manufacturer exporter in the form given in Appendix-3B. In case an exporter desires to get registration as a manufacturer exporter, he shall furnish evidence to that effect.
13.4 Validity Period Of RCMC
The RCMC shall be deemed to be valid from 1st April of the licensing year in which it was issued and shall be valid for five years ending 31st March of the licensing year, unless otherwise specified.
13.5 Furnishing Of Returns
The exporter shall furnish quarterly returns/ details of his exports of different commodities to the concerned registering authority. This will be in addition to any other returns as may be prescribed by the registering authority. However, status holders shall also send monthly returns to FIEO in the format specified by FIEO.
13.6 Intimation Regarding Change In Constitution
In case of change in ownership, constitution, name or address of an exporter, it shall be obligatory on the part of RCMC holder to intimate such change to the registering authority within a period of one month from the date of such change. The registering authority, however, may condone delays on merits.
13.7 De-Registration
The registering authority may de-register an RCMC holder for a specified period for violation of the conditions of registration. Before such de-registration, the RCMC holder shall be given a show cause notice by the registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon de –registration, the concerned export promotion council shall intimate the same to all the licensing authorities.
13.8 Appeal Against De-Registration
A person aggrieved by a decision of the registering authority in respect of any matter connected with the issue of RCMC may prefer an appeal to the Director General of Foreign Trade or an officer designated in this behalf, within 60 days, against the said decision and the decision of the appellate authority shall be final.
13.9 Directives Of DGFT
The Director General of Foreign Trade may direct any registering authority to register or de- register an exporter or otherwise issue such other directions to them consistent with and in order to implement the provisions of the Act, the Rules and Orders made thereunder, the Policy or this Handbook.
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