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CHAPTER XII
EXPORTS
Ref F.E. Circular No.
48 date 22nd October 1998.
Ref Circular Letter No.
7/FEP.1(51)Poly-99
General :-
The Government of Pakistan have by their Notification Nos. I(6)-ECS/48 and I(7)ECS/48
both dated the 1st July, 1948 issued in pursuance of Section 12 of the Act prohibited the
export by post and otherwise than by post, of any goods either directly or indirectly to
any place outside Pakistan, unless a declaration is furnished by the exporter to the
Collector of Customs or to such other person as the State Bank may specify in this behalf
that foreign exchange representing the full export value of the goods has been or will be
disposed of in a manner and within a period specified by the State Bank. This chapter
deals with the regulations governing exports from Pakistan.
2. Exports exempted from Exchange Control Procedure :-
The prohibition mentioned above does not apply to exports to Afghanistan, exports to
Iran by land route under special arrangement and to the export of:
(i) bonafide trade samples of articles exported as such by
an exporter registered under the Registration (Importers and Exporters) Order, 1952, or
who has been exempted form registration thereunder provided the FOB value of samples
supplied free of charges does not exceed the limit notified by the Ministry of Commerce
from time to time. Leather garment manufacturers are entitled to export 50 (fifty) samples
in a calendar year irrespective of monetary ceiling.
(ii) personal effects whether accompanied or unaccompanied of travellers.
(iii) ship stores and transhipment cargo,
(iv) goods shipped under the orders of the Government of Pakistan or of such officers as
may be appointed by the Government of Pakistan in this behalf or of the Military, Naval or
Air Force authorities in Pakistan for Military, Naval or Air Force requirements. In the
case of export by post, a certificate signed by a Gazetted Officer or by any person
entitled to use service postage stamps should be pasted on the outer cover of the parcel
to the above effect,
(v) gift packets where they are accompanied by a declaration by the sender that the
contents of the packet are less than Rs.500/ in value and that the despatch of the packet
does not involve any transaction in foreign exchange, and
(vi) where the packet is covered by a certificate issued by the State Bank to the effect
that the export of the parcel does not involve any transaction in foreign exchange.
Customs authorities will not allow exports without declaration on the export forms except
in the cases listed above.
3. Export Control Regulations :-
Exchange Control regulations regarding exports cover all goods exported from Pakistan
irrespective of whether they are subject to licence under the Export Trade Control
Regulations or not. Similarly, nothing in the Exchange Control Regulations relieves the
exporters from the necessity of complying with the Export Trade Control Regulations as
laid down by Government from time to time, including the necessity of obtaining an export
licence wherever necessary. The Government of Pakistan has under the Export Trade Control
Regulations banned exports to South Africa and Israel.
4. Registration of Exporters :-
Under the Registration (Importers and Exporters) Order, 1952, no person can export any
goods from Pakistan unless he is duly registered as an exporter with the Chief Controller
of Imports and Exports. Authorised Dealers should, therefore, ensure before certifying any
export form 'E' as required in pare 7 below that the person is so registered. The
registration number should be quoted on the relative export forms.
5. Forms Prescribed for declaring Exports :-
As required under the Federal Government Notification Nos. I(6)ECS/48 and
I(7)ECS/48 both dated the 1st July, 1948 the exporters are required to declare their
exports to the Customs/Postal authorities in form 'E' (Appendix V-13).
6. Method and Period of Payment :-
(a).Full
export value of the goods exported from Pakistan and declared to the Customs authorities
should be received in an approved manner, as embodied in the State Banks
Notification No. FE 3/2001-SB dated the 28th September 2001, on the due date for payment
or within a period of 180 days from the date of shipment/posting whichever is earlier, or
within a period as may be prescribed by the State Bank through specific or general
permission, through an Authorized Dealer either in convertible foreign currency in which
the Authorized dealers maintains accounts or in U.S. Dollar or in Pakistan Rupee from a
non-resident bank account. However, where the terms of sale/irrevocable letter of credit
provide for payment on 180 days usance/270 days usance in the case of Hand Knotted Carpets
and from the date of shipment/posting, it shall be permissible for the exporter to
repatriate the export proceeds within 195/285 days from the date of shipment/posting.
Similarly, in the case of exports to South American countries, Authorized Dealers may
certify Form E if the letter of credit provides for payment on 270 days
sight/usance from the date of shipment and the export proceeds may be repatriated within
285 days from the date of shipment. Prior approval of the State Bank should be obtained
before arranging for payment in any manner other than indicted above.
(b) As an exception to the above, payment for goods exported to countries other than those
with which Pakistan has special Payment Arrangements e.g. Asian Clearing Union member
countries etc., may also be accepted from any foreign currency accounts maintained with
banks in Pakistan including an account maintained by the exporter himself. The transaction
shall be reported first on Schedule E-4 under Code No. 1718 as payment to the account
holder and simultaneously on Schedule A-1/A-2 on account of export proceeds.
Ref FE Cir. No 14
7.
Certification of Export Forms by Authorised Dealers :-
(a) Before the export forms are lodged by the exporters with the Customs/Postal
authorities all the copies thereof are required to be certified as under by the Authorised
Dealers.
(i) Certified that the above exporter(s) is/are known to us, that he/they is/are bonafide
businessman/businessmen in Pakistan and that he/they has/have made arrangements with us
for the realisation of the export proceeds of the goods declared on this form within the time
limit stipulated in State Banks Notification No. F.E 3/2001-SB dated the2 8th
Sept,2001 and that we are
satisfied with the said arrangements. We have also satisfied ourselves about the bonafides
of the importers/consignees abroad and their credentials etc.
(ii) We undertake to ensure that export proceeds against shipment on firm contract shall
be received by us within the period prescribed by the State Bank. In the event of
non-compliance due to reasons beyond our control we shall furnish to the State Bank of
Pakistan a full explanation as to the reasons and circumstances resulting in our inability
to comply.
(iii) We undertake that in the event of non-realisation of export proceeds against
shipment on consignment sale within the stipulated period, we shall obtain from the
exporter(s) and furnish to the State Bank of Pakistan a full explanation as to the
circumstances resulting in non-realisation. We further undertake that in the event of
short realisation, we shall obtain from the exporter(s) and furnish to the State Bank of
Pakistan a fully documented account sale certified by the consignees/ Chamber of Commerce
of the country of import. In the case of short realisation in respect of consignment sales
Authorised Dealers shall also obtain from the exporter(s) a full explanation for the
shortfall and furnish it to the State Bank alongwith such other documents as may be called
for by it.
(b) Authorised Dealers shall not certify any export form unless they have satisfied
themselves with regard to the following:
(i) Arrangements have been made for realisation of export proceeds of the goods covered by
the relative export forms.
(ii) Bonafides of the importers/consignees abroad and their credentials have been
verified. Where necessary they should make discreet enquiries through their foreign
correspondents. In case of shipments against T.R. (Trust Receipts) or D.A. (Documents
against Acceptance) greater care should be exercised by the Authorised Dealers in
certifying the relative export forms. Where Authorised Dealers doubt the bonafides or
standing of the importers/consignees or where they suspect collusion with the intent to
evade or delay repatriation of full export proceeds, they should report such cases
promptly to the State Bank.
(iii) Arrangements have been made for receipt of documents of title to goods like Railway
Receipt, Bill of Lading, Airway Bill and Truck Receipt.
(iv) Genuineness of the charter party where shipment is to be made against a charter party
Bill of Lading has been verified. Discreet enquiries should be made about the carrier and
the importers as indicated in sub-paragraph (ii) above to safeguard against any loss of
cargo or foreign exchange in such cases.
(v) The export form has been signed by the exporter or his authorised agent. The signatory
should disclose his status/capacity in the concerned firm/company etc., i.e.
Director/Partner/Proprietor/Manager etc. In case the form is signed by the agent of the
exporter, it should be ensured by the Authorised Dealers that he holds a valid legal power
of attorney from the exporter & the terms of the power of attorney are such that the
exporter as well as the attorney can be held responsible severally and jointly for the
repatriation of the export proceeds to Pakistan.
(vi) Letter of credit for export to Asian Clearing Union member country has been received
under the ACU Arrangement, unless the export is covered by a loan/credit extended to the
importing country by International Agencies like IBRD/Asian Development Bank etc., in
which case letters of credit will be established envisaging payment in convertible
currencies outside the Asian Clearing Union Arrangement.
(vii) In the case of re-export of imported goods, export licence issued by the Office of
the Chief Controller of Imports & Exports in terms of pare 3 of their Public Notice No
3(87) Exp.1 dated the 4th August, 1987 is produced to the Authorised Dealer.
8. Exports by Country Craft, Motor Launch or Truck :-
Authorlsed Dealers can also advise letters of credit or confirm arrange ments and
certify export forms for exports by means of country-craft or motor-launch or truck
subject to normal procedure followed in case of exports.
9. Printing and Distribution of Export Forms :-
(a) Head/Principal Offices of Authorised Dealers are required to maintain a
complete record of all export forms printed by them and of their distribution to their
branches and customers. For this purpose, they should maintain a Stock Register which
should show branch-wise distribution of the export forms. It is the responsibility of the
Head/Principal Offices to keep their branches adequately stocked with the export forms.
Maintenance of Party wise Record of Certified Export Forms :-
(b) Authorised Dealers should maintain another register for recording therein the
particulars of export forms issued and certified by them in respect of each exporter. In
this register they should record against each form the date of submission of the export
documents in cases where shipments have been made, or of the surrender of complete set of
export forms in cases where goods have not at all been entered for shipment or complete
shut-out notice in cases where the goods have been entered for shipment but have been
shut-out. Against each export form, the Authorised Dealers should also indicate the date
of realisation of the export proceeds wherever the documents are negotiated or collected
through them. In cases where none of the above documents are received by them within the
period of 21 days from the date of certification on the relative export forms the
Authorised Dealers should immediately get in touch with the exporter concerned to
ascertain whether or not the shipment has been effected. If the Authorised Dealer is
satisfied that the exporter has not yet been able to ship the goods against the certified
export form, it should make a suitable notation against the entry in the register of the
relevant certified export form and follow it up till the documents referred to above are
submitted to it. All other cases where the exporters do not respond to the notices of the
Authorised Dealers, should be reported to the State Bank with full particulars on priority
basis. The advices should invariably bear a running serial number.
10. Making out and Delivery of Shipping Documents :-
In exercise of the powers vested in it under Section 20(3) of the Act, all
carriers whether common or private (railway, steamship, motor trucking Or airline
companies) and their agents have been directed by the State Bank as under:
(i) In respect of export of goods from Pakistan to foreign countries by land route or by
sea, the Railway Receipts, Bills of Lading, Truck Receipts or any other documents of title
to Cargo should be drawn only to the order of an Authorised Dealer designated for the
purpose by the exporter. This restriction will not apply if the exporter produces a
certificate to the carriers from the Authorised Dealer concerned in the prescribed form
(Appendix V-14). The certificate will be issued by the Authorised Dealers only if the
shipment is being made against an advance payment or against an irrevocable Letter of
Credit which calls for drawing of documents of title to cargo to the order of the opening
bank, or the importer, or the exporter or to order and blank endorsed. In all cases the
railway receipt, bill of lading and other documents of title to cargo should be delivered
by the carriers to the authorised representative of the Authorised Dealer concerned
holding authority letter for collecting these documents.
(ii) In respect of export of goods to foreign countries by air, the airway bills and any
other documents of title to cargo should be drawn to the order of a bank in the country of
import nominated by the Authorised Dealer designated for this purpose by the exporter.
However, in the case of export of goods against advance payment or against irrevocable
letter of credit which contains a condition that the airway bill and other documents
should be drawn to the order of the importer abroad the airway bill and other documents of
title to cargo may be drawn to the order of the importer abroad, provided the exporter
produces to the carriers a certificate to this effect from the Authorised Dealer concerned
in the prescribed form (Appendix V.14). In all cases the airway bill and other documents
of title to cargo will be delivered by the carriers to the authorised representative of
the Authorised Dealer concerned holding authority letter for collecting these documents.
The above directions do not apply to the following cases:
(a) Bonafide trade samples provided the F.O.B. value of each consignment supplied free of
charge does not exceed U.S.$5000/-.
(b) Personal effects, whether accompanied or unaccompanied, of travellers.
(c) Ship stores and transhipment cargo.
(d) Goods shipped under the orders of Federal Government or of such officers as may be
appointed by the Federal Government in this behalf or by Military, Naval or Air Force
authorities in Pakistan for Military, Naval or Air Force requirements.
(e) Exports covered by exemption certificates issued by the State Bank.
(f) Exports of fresh fish, vegetables, fruits, poultry and other goods of perishable
nature.
(iii) In case where irrevocable Letter of Credit contains a condition that documents shall
accompany a certificate from the beneficiary stating that one original (1/3rd or 2/3rd)
Bill of Lading or Airway Bill has been despatched to the buyer/consignee, Authorised
Dealers may allow despatch of original 1/3rd or 2/3rd Bill of Lading or Airway Bill to the
party named in the letter of credit only after the documents have been presented for
negotiation under the letter of credit.
11. Endorsement of Shipping Documents by Authorised Dealers :-
The Authorised Dealers to whose order the relative railway receipts, bills of
lading etc., are drawn shall endorse the same to the order of their foreign correspondent
but in no case shall they make any blank endorsement thereon or endorse them to the order
of the consignor unless they have obtained specific or general approval of the State Bank.
However, in the case of exports through third country intermediary i.e. under merchanting
arrangements, it will be in order for Authorised Dealers to make blank endorsement where
advance payment has been received or where documents are negotiated under letters of
credit which call for such blank endorsement.
12. Functional Utility of the Copies of Form 'E'. :-
All exports from Pakistan which are subject to Foreign Exchange Regulations are
required to be declared on form 'E' which is in sets of four copies each. The exporter
should submit the full set of Form 'E' to the Authorised Dealer for certification as
described in pare 7(a) above only after it has been completed and signed by the exporter
himself or his authorised agent. While certifying Form 'E', Authorised Dealers should
ensure that exporters give only one address in Form 'E'. After the form is certified by
the Authorised Dealer, it should be sumitted to the Customs/Postal authorities at the time
of shipment alongwith the shipping bill. The Customs authorities will detach the original
copy and after filling in the portion relating to them and affixing their seal and
signature thereon forward it to the State Bank. The Customs authorities will return the
duplicate, triplicate and quadruplicate copies to the exporter or his authorised agent who
will retain the quadruplicate for his own record and submit the duplicate and triplicate
copies to the Authorised Dealer alongwith the shipping documents within 14 days from the
date of shipment. The Authorised Dealer will forward the triplicate copies of the export
forms to the State Bank alongwith the monthly return in which realization of export
proceeds is reported, retaining the duplicate for his record. In cases where receipts of
export proceeds are reported by an Authorised Dealer in respect of exporters residing in
the jurisdiction of an area office of State Bank other than that to which the returns are
being submitted, separate area-wise schedules A-1/A-2 with one additional copy will be
prepared and submitted to the Exchange Control. The name of the area office of State Bank
to which the schedules pertain will be prominently indicated on top thereof.
13. Submission of Export Documents to Authorised Dealers :-
All shipping documents covering goods exported from Pakistan and declared on form
'E' must be passed through the medium of an Authorised Dealer within 14 days from the date
of shipment. The exporter must submit the duplicate (bearing Customs seal and signature of
Customs Officials with Code number) and triplicate copies of form 'E' alongwith the
shipping documents, invoices etc., to the Authorised Dealer who had certified the form
'E'. An extra copy of the shipper's invoice must be attached to the triplicate copy of the
form 'E'. In the event of payment being received through an Authorised Dealer other than
the one who had certified the export form, the Authorised Dealer negotiating or collecting
the export documents should convey the particular of the export form to the bank who had
originally certified the export form to enable the latter to make a suitable note in the
relative register.
14. Scrutiny of Documents :-
On receipt of the bill of lading/airway bill/railway rece1pt etc., alongwith the
form 'E' and the export documents, the Authorised Dealers should compare the bills and/or
documents with the relative export form and satisfy themselves that they conform in all
respects to the declarations made on the relative export forms and the amount of the bills
and invoices is not less than the value declared on them. All such cases where the
Authorised Dealers consider that the value declared to the Customs and accepted by them
does not represent the true value of the goods, should be promptly reported to the State
Bank. The Authorised Dealers may, however, accept bills/documents for
negotiation/collection if the difference between the value stated on the relative export
form and the amount of the bill/invoice represents legitimate adjustments on account of
short weight or actual freight and other items of similar nature. Details of such
adjustments must be given on the relative export forms and must be authenticated by the
Authorised Dealers under their stamp and signature.
15. Exports subject to receipt of Advance Payments or Irrevocable Letters
of Credit :-
In the case of commodities export of which is subject to receipt of advance
payment or irrevocable letter of credit shipments will be allowed by the Customs only on
the basis of the certificate of the Authorised Dealer on the export forms to the effect
that either advance payment or irrevocable letter of credit has been received covering
export of the goods mentioned on the export form.
16. E.P.C. Procedure :-
(i) Exporters of commodities which may be subjected to Export Price Check
procedure from time to time are required to file with the State Bank particulars of
contracts made by them with foreign buyers on prescribed form within the prescribed period
together with the certified copies of original offers and acceptances or any other
evidence in support of the contract. In cases where the State Bank is satisfied about the
rate at which sales have been contracted and that exporters have fulfilled other
prescribed requirements, it will approve the E.P.C. form and return the original to the
exporter.
(ii) Exporters are required to produce the approved copy of the E.P.C. form to the Customs
for inspection alongwith the relative export forms at the time of shipment and again to
the Authorised Dealers at the time of negotiation/collection of documents covering the
relative shipment. Authorised Dealers at the time of negotiation/collection of documents
covering export of such commodities will compare the invoices with the original copy of
the E.P.C. form bearing the approval of the State Bank. Documents must not be accepted for
negotiation/collection unless the Authorised Dealers are satisfied that the particulars of
the invoices agree in all respects with the particulars declard on the E.P.C. form. When
negotiating /collecting the documents, the quantity and the value for which the documents
are negotiated/sent for collection should be endorsed on the reverse of the E.P.C. forms
under the stamp and signature of the Authorised Dealer. Where the E.P.C. form has not been
fully utilised but is still valid, it may, after necessary endorsement, be returned to the
exporter. E.P.C. forms which have been fully utilised, should be forwarded by the
Authorised Dealers to the State Bank alongwith the triplicate copies of the relative
export forms. Expired E.P.C. forms should be forwarded by the Authorised Dealers to the
State Bank alongwith the explanation of the exporters as to why the E.P.C. approval has
not been utilised.
17. Special Requirements for Export of Wool and other Commodities subject
to Grading Scheme :-
Under the Wool Grading Scheme of the Government of Pakistan every exporter of wool
is required to obtain a test report from the Government Test House for all shipments of
wool intended for export whether on firm contract or on account basis. In all such cases
the exporter of wool is required to forward to the State Bank through an Authorised Dealer
a copy of the test report of the Wool Test House duly initialled by the Customs alongwith
the invoice and triplicate copy of the relative export form. In the case of firm sales,
the exporters should also mention in the invoice:
(i) the quality of wool,
(ii) the rate per pound and
(iii) yield basis on which the sale has been made.
Sale of wool on consignment basis is required to be made only by public auction through
recognised Auction Houses abroad. Account Sale from these recognised Auction Houses should
be forwarded to the State Bank alongwith the relative triplicate copy of the export form.
The procedure governing other commodities which may, in future be subjected to Grading
Scheme will be notified to Authorised Dealers separately.
18. Reporting of Overdue Cases :-
(a) The State Bank has by a notification in the official Gazette, has prescribed the period within which full foreign exchange
value of the exports must be realised. Non-realisation or delay in realisation of the
export proceeds without the prior permission of the State Bank constitutes an offence and
renders the exporters liable to action under the Act.
Ref F.E. Cir. 48 date 22nd October 1998.
(b) To enable the State Bank to review the position of all outstanding export bills, the
Controlling/Head Offices of Authorised Dealers will furnish to the State Bank every month
the following statements:
(i) Statement showing the total figures of all export bills including partly unrealised
relating to all their branches outstanding at the end of each month in the prescribed form
(Appendix V-15).
(ii) Statement in the prescribed form (Appendix V-16) containing particulars of those
export bills which have become overdue during the month under report. This statement will
be prepared in respect of Author-ised Dealer's branches according to the Exchange Control
areas given in pare 4 of Chapter I and will be submitted in duplicate for each area
separately. The outstanding export bills pertaining to each exporter should be listed in a
sequence with exporter-wise totals and the grand total given at the end. However, the
statement for the month of June each year should show particulars of all overdue export
bills as on 30th June.
(iii) Statement in Appendix V-17 showing particulars of those cases which were reported by
Authorised Dealers as overdue in the previous statements but the items are deleted from
their books during the month under report either due to realisation of the proceeds or
under instructions from the State Bank.
The above statements in Appendices V-15, V-16 and V-17 should reach the Exchange Control
Department (Statistics Section) State Bank of Pakistan, Central Directorate, Karachi by
the 15th of the month following that to which they relate. It will be the responsibility
of the Authorised Dealers to see that the above statements are submitted to the State Bank
on due date and that all cases of exports which become overdue are invariably incorporated
in these statements and that there is no omission in this regard.
19. Part Drawings and Advance Remittances :-
(i) If it is customary in any particular trade for exporters to draw bills for
only a percentage of the invoice value and to receive the balance after arrival of the
goods at destination, Authorised Dealers may negotiate/collect bills in the part amount
provided they obtain an undertaking from the exporters that they will realise the balance
within the prescribed period. Authorised Dealers should report such part receipts on
"Form 'E' not attached Voucher" on schedule 'A-2'. It is the responsibility of
the Authorised Dealers to follow up each such case and to ensure that the balance amount
is also realized within the prescribed period. This exemption will not, however, apply in
the case of shipments of those goods which are subject to either 100% advance remittance
or to the opening of irrevocable letter of credit for the full amount of the export.
(ii) When a part of the invoice value has been received in advance by the shippers, the
Authorised Dealers when negotiating/collecting documents for the balance should certify on
the triplicate copy of the export form that part of the amount had been received by them
in advance quoting reference to the return in which the receipt was reported on an
"Advance Payment Voucher" (Chapter XXII).
(iii) In both the above cases the triplicate copy of the export form should be kept
outstanding by the Authorised Dealer and submitted to the State Bank only after the full
value of the export has been received.
20. Short Shipment :-
Where a portion of a consignment is short shipped and the exporter conse-quently
draws a bill or prepares an invoice for a quantity less than that declared on the relative
export form, he should give a notice of short shipment on the prescribed form in duplicate
to the Customs. It will be the responsibility of the exporters concerned to produce to the
Authoris-ed Dealer a copy of the short shipment notice duly certified by the Customs
alongwith the shipping documents. In such cases, Authorised Dealers should
negotiate/collect the shipping documents on the basis of short shipment notice. The
Authorised Dealer will forward the short shipment notice duly signed by the Customs to the
State Bank of Pakistan alongwith triplicate copy of 'E' form while reporting the
realisation of full value of the goods shipped. If the exporter fails to produce the short
shipment notice alongwith the export documents, the Authorised Dealer may
negotiate/collect the documents but report full particulars of the case to the State Bank.
The Authorised Dealer should, however, continue to follow up the case with the exporter
for submission of short shipment notice.
21. Shipments Shut-out Entirely :-
(i) Where a shipment to be made by a particular vessel is entirely shut out and
reshipped by another vessel, the exporter should apply on the prescribed form in duplicate
to the Customs for permission to alter the name of the vessel on the relative export form
and the shipping bill.
(ii) Where a shipment is entirely shut out and is not being reshipped immediately by
another vessel, the exporter should give a notice to the Customs in the prescribed form in
duplicate. It will be the responsibility of the exporter concerned to produce to the
Authorised Dealer who had certified the export form, a copy of the shut-out notice duly
certified by the Customs within 21 days from the date of certification of the export form.
On receipt of the shut-out notice, the Authorised Dealers should treat the relative export
forms as cancelled and forward the shut-out notice to the State Bank.
22. Shipment lost or damaged in Transit :-
(i) If shipments from Pakistan are lost in transit for which payment has not
already been received, the Authorised Dealers must see that an insurance claim is made
immediately the loss is known. The triplicate copy of the relative export form should be
endorsed with the narration "Shipment Lost" under the stamp and signature of the
Authorised Dealer and sent to the State Bank under a separate covering letter giving the
following particulars and bearing running serial number:
(a) Name of the insurance company with which goods were insured.
(b) Amount of insurance and its currency.
(c) Place where claim is payable
(ii) The Authorised Dealer who had certified the export form should pursue the matter with
the shipper and ensure that in each case the exporter has received the insurance claim and
produces encashment certificate, in cases where claims are paid in foreign currencies and
Rupee payment certificate where settlements are made in Rupees. These certificates should
be forwarded by the Authorised Dealer to the State Bank giving reference of relative
export forms.
23. Advance
Remittances against Exports :-
(i) In case of remittance received in advance for goods to be exported from Pakistan,
Authorised Dealers should \obtain a certificate in duplicate from the beneficiary on the
Advance Payment Voucher (Appendix V-18) declaring the particulars of the intended export,
before disbursing the amount to him. Both copies of the Advance Payment Voucher shall be
authenticated by the Authorised Dealer. The original shall be surrendered to State Bank
with the relative Schedule A-2, while the duplicate shall be returned to the exporter for
production at the time of certification of Form 'E'. The Authorised Dealer which has
disbursed the amount, shall ensure that Form 'E' is certified for export in accordance
with the declaration made on the Advance Payment Voucher within a period of one year of
receipt of advance payment and particulars of form(s) "E" viz. Date of
certification, value for which 'E' form certified and progressive un-utilised balance
(where more than one forms 'E' are certified) shall be endorsed on the duplicate copy of
the Advance Payment Voucher. The triplicate copy of the 'E' form will be surrendered to
the State Bank under a covering letter alongwith a photo copy of the Advance Payment
Voucher and the invoice.
(ii) In the case of payment received for export of fresh fruits/vegetables, it
would be in order for the Authorised Dealers to certify 'E' forms against Advance Payment
received, even if the detailed particulars of the 'Goods', there 'Quality' and broad
description i.e. 'Fresh Fruits' or 'Fresh Vegetables' is declared in the relevant column.
While certifying the 'E' form, the following remarks would be added by the Authorised
Dealers:-
'This form has been certified against the outstanding balance of / (amount) out of the
advance payment of / (Amount) received on / (Date)"
At the time of shipment, the exporter will fill in the required particulars in all copies
of the 'E' form and submit the duplicate and triplicate copies to the Authorised Dealer
alongwith the shipping documents and an invoice. The Authorised Dealer will compare the
details of the 'Goods', 'Quantity' and 'Invoice value' and process the case as indicated
in sub-para (i).
24. Export on D.A./T.R. Basis - Non-payment by Foreign Buyers :-
In case of exports on firm contract on D.A. or T.R. basis, Authorised Dealers,
before certifying the export form, should ensure that the foreign buyer is of sound
financial standing and enjoys good repute. Doubtful cases should be referred to the State
Bank for instructions. Despite aforesaid precaution, if a foreign buyer refuses to accept
the goods, the exporter should either make immediate arrangements for shipping the goods
back to Pakistan or alternate buyer found with the approval of the State Bank. However,
prior approval of the State Bank will not be necessary in cases where the consignment
initially refused is taken up finally by the original consignee or an alternate buyer
found provided that payment for the consignment is not less than its full value minus
actual demurrage charges, if any. In those cases where the foreign buyers default in
making payment after taking delivery of the goods against their acceptance of the bill or
T.R. Authorised Dealers shall consider the possibility of launching legal action against
the foreign buyers for recovery of export proceeds in consultation with the State Bank. To
this end, Authorised Dealers should make arrangements for obtaining a suitable undertaking
from the exporters at the time of certification of the form 'E' for firm sales on D.A. or
T.R. basis so that there is no hitch in initiating legal action in those cases where the
foreign buyers have defaulted.
25. Verification of Export Proceeds Realisation Certificate :-
Sometimes exporters are required to produce to the Government Departments evidence
of exports and the realisation of their proceeds. In such cases Proceeds Realisation
Certificates may be issued by the Authorised Dealers in the prescribed form (Appendix
V-21) after getting them authenticated by the State Bank. The State Bank will authenticate
such certificates on the strength of certification made by the Authorised Dealers. The
transaction would be post-facto verified by the State Bank with reference to the relative
schedule/statement received from the concerned Authorised Dealer. To facilitate checking
and verification of these transactions Authorised Dealers should quote the correct
reference and the period of their schedule/statement in column 10 of the program at
Appendix V-21.
26. Issue of Duplicate Export Proceeds Realisation Certificate :-
In case of loss of original export realisation certificate the State Bank on
application would issue duplicate thereof on the basis of undertaking given by the
Authorised Dealer in the prescribed form (Appendix V-22). The word "Duplicate"
will be prominently marked in indelible ink at the top of such certificates.
27. Payment of Freight in Rupees :-
(i) Carrier companies will not accept payment of freight in rupees on cargo
shipped on C&F or CIF basis unless the exporter produces to them a certificate issued
by the Authorised Dealer on their letter head under proper stamp & signature of an
authorised officer in the form given below:
"CERTIFIED that 'E' form No..................in respect of shipment to be made by
Messrs (Name of Exporter) ................has been stamped to the effect that the
documents in respect of the shipment under this 'E' Form shall be negotiated/accepted only
if these are drawn on C&F or CIF and not on FOB basis"
(ii) Before Issuing the above certificate, Authrised Dealer Will invariably endorse the
relative 'E' form in the following manner:
"Certified that documents in respect of the shipment under this form shall be
negotiated/accepted only when these are drawn on C&F or CIF and not on FOB
basis."
The carrier companies will invariably submit to the State Bank with the freight manifests
the aforesaid bank's certificates alongwith the relative bills of lading which should be
arranged according to the entries appearing in the freight manifest.
28. Export of Jewellery, Precious or Semiprecious Stones:-
Export of gold jewellery/precious and semi-precious stones will be allowed in
accordance with the procedure notified by the Export Promotion Bureau and the instructions
issued by the State Bank from time to time.
29. Remittance of Export Commission and Brokerage :-
(i) Authorised Dealers are permitted to allow payment of commission/brokerage due to
foreign importers/or agents by exporters in Pakistan at the following:-
|
Maximum rate of Commission etc. |
| (a)
Books, journals and magazines. |
Upto 331/3% |
| (b)
Engineering goods (Electrical and Non-electrical). |
Upto 10 % |
| (c)
Sports goods, surgical instruments, cutlery, leather goods, ready-made garments and other
textile made-ups, carpets and plastic manufactures. |
Upto 7 % |
| (d)
Cotton. |
Upto 2 % |
| (e) All
other goods except cement. |
Upto 5 % |
Ref
F.E Cir. No. 38 Dated 21st July 1998
Cases not covered by the
above instructions should be referred to State Bank with full facts and documentary
evidence necessitating the payment of commission at a higher rate.
(ii) Authorised Dealers can allow payment of commission etc., upto the above extent
without the prior approval of the State Bank as under after satisfying themselves that the
payment is in conformity with the relative agreement between the exporter and the
buyer/agent abroad:
(a) By deduction from the invoices where payment is to be made to the foreign buyers
themselves. In such cases the net amount realised will only be reported as
"Purchase".
(b) By instructing the negotiating bank abroad that the amount of commission etc., may be
paid by them to the agents direct out of the proceeds of the bill. Here the Authorised
Dealers should report the full export proceeds of the bill as "Purchase" and the
amount of commission should be reported as "Sale".
(c) By remittances from Pakistan when the full export proceeds are received in Pakistan
provided the remittance is made within 90 days of the receipt of export proceeds. The Authorised
Dealers should report the full export proceeds of the bill as "Purchase" and the
amount of commission remitted should be reported as "Sale". Where remittance is
not made as provided herein, approval of the State Bank in accordance with the provisions
of pare 6 of Chapter XIV shall be obtained.
It should, however, be noted that in the case of exports under special trading agreements,
commission is payable only through the special accounts opened for settlement of related
transactions.
(iii) In cases where the exporter is not required to pay commission or where he is
required to pay to the foreign agent an amount less than the maximum permissible limits,
such amounts of commission/differential not exceeding 6% FOB
value of goods realised can be retained in foreign currency accounts with Authorisd
Dealers in Pakistan. The funds held in
such foreign currency accounts can be used by the exporters for promotional publicity,
collection of commercial intelligence, purchase of designs/patterns, market studies,
bonafied export claims and short fall in realization of export proceeds without any
approval from the State Bank. The foreign currency accounts so opened will be fed
exclusively with the amount of commission on exports and no other deposits whatsoever the
nature, will be accepted for credit to such foreign currency accounts. This facility is
also available where export proceeds are realized under ACU Arrangement.
Ref FE Cir. No. 8 Dtaed 20th June, 2000