1) What is Import Export Code (IEC)?
An Importer -Exporter Code (IEC) is a key business identification number
which mandatory for export from India or Import to India. No export or
import shall be made by any person without obtaining an IEC unless
specifically exempted. For services exports however, IEC shall be not be
necessary except when the service provider is taking benefits under the
Foreign Trade Policy.
The nature of the firm obtaining an IEC may be any of the follows-
Proprietorship, Partnership, LLP, Limited Company, Trust, HUF,
Society.
2) Who issues Import Export Code (IEC)?
IEC is issued in electronic form (e-IEC) by Directorate General of Foreign
Trade (DGFT) which is under Ministry of Commerce, Government of India.
The Directorate General of Foreign Trade (DGFT) is the agency of the
Ministry of Commerce and Industry of the Government of India responsible for
administering laws regarding foreign trade.
3) What are the Pre-Requisites for Applying for Import Export Code
(IEC)?
Import Export Code (IEC) may be applied on behalf of a firm which may be a
Proprietorship, Partnership, LLP, Limited Company, Trust, HUF, Society. Firm
must have a PAN, bank account in the name of the firm and a valid address
before applying. Address may be physically verified by the DGFT on issuance
of the IEC. Please keep your PAN, bank details and firm details ready before
applying.
4) What is the validity of Import Export Code (IEC)?
An Import Export Code (IEC) allotted to an applicant shall have permanent
validity but it is mandatory to update the Import Export Code (IEC) annually
so that the Import Export Code (IEC) is not deactivated. If the Import
Export Code (IEC) is updated between April-June period each year, no fee
shall be charged for updation of Import Export Code (IEC).
5) What happens if the Import Export Code (IEC) is not annually
updated?
In case of non-updation of IEC within the prescribed time, it will be
de-activated. An IEC so de-activated may be activated, on its successful
updation. This would however be without prejudice to any other action taken
for violation of any other provisions of the FTP.
6) When is Import Export Code (IEC) Required?
- When an importer has to clear his shipments from the customs then it’s needed by the customs authorities.
- When an importer sends money abroad through banks then it’s needed by the bank.
- When an exporter has to send his shipments then it’s needed by the customs port.
- When an exporter receives money in foreign currency directly into his bank account then it’s required by the bank.
7) Which Businesses require Import Export Code (IEC)?
Proprietorship Firm
An individual carrying out the process of imports and exports would require
to secure the IEC certification.
Partnership Firm
A firm of partners would also require taking this certification, if they
are exporting and importing products.
Limited Liability Partnership
Any partnership formed under the limited liability partnership act, 2008
(LLP Act, 2008) would require to take this certification in the business of
trading outside India.
Private Limited Company
Any company which is established under the companies act, 2013 or previous
company law would also require this certification, if the company is engaged
in sending products outside India.
Trust
Any form of entity engaged in carrying out the activities for the
beneficiary also has to comply with the requirement of securing the Import
Export Code.
Hindu Undivided Family
Any Hindu Undivided Family where the individuals comprise of a Karta and
Sole members would also require this form of certification for carrying out
imports and exports.
Society
Any society which is formed under the Co-operative society or the societies
registration act would require this license to carry out imports to India
and exports outside India.
8) When is Import Export Code (IEC) Exempted?
An Import Export Code (IEC) is required for import of any type of goods by
a business. However, the following category of persons are exempted from
obtaining an IEC:
- Persons undertaking import and export of goods for personal purposes and not to trade, agriculture and manufacture.
- Through Indo-Myanmar border areas and China (via NamgayaShipkila, Gunji, and Nathula ports), the parties/individuals who import/export goods to/from Nepal and Myanmar with single consignment must not exceed the value of Rs 25,000
- As listed in Appendix - 3, Schedule 2 of ITC, exemption from obtaining IEC shall not be applicable for export of materials, organisms, special chemicals, equipments & technologies (SCOMET)
- Ministries/Departments of Central and State governments
- Notified Charitable institutions need not require getting Import Export Code.
GST under Import Export Code (IEC)
Consequent upon introduction of GST, IEC being issued is the same as the
PAN of the firm. However, the IEC will still be separately issued by DGFT
based on an application.
9) What are the Documents Required for Import Export Code (IEC)
Application?
The following are the documents required for making an IEC application in
India.
Passport Photograph of the Individual/ Proprietor/ Managing Partner/
Designated Partner/ Director/ Secretary or Chief Executive/ Karta
- Copy of PAN card of the applicant/ applicant entity
- Copy of Passport (first & last page)/Voter’s I-Card/ Driving Licence/UID (Aadhar card) (any one of these).
- Sale deed in case business premise is self-owned; or Rental/Lease Agreement, in case office is rented/ leased; or latest electricity /telephone bill.
- Bank Certificate as per ANF 2A(I)/ Cancelled Cheque bearing pre-printed name of applicant and A/C No.
- Copy of Partnership Deed in case of Partnership firm
- Certificate of incorporation as issued by the Registrar of Companies (RoC) in Case of LLP or Private Limited Company or Section 8 Company
- Registration Certificate of the Society / Copy of the Trust Deed in case of Society or Trust
Bank Proof
It is has been clarified vide Trade Notice No. 39/2018-19 dated 12th
December 2018 that a cheque without a pre-printed name of the account
holder will not be acceptable. Further, the pre-printed cheque can be of
savings account or current account. It is to be noted that the
above-referred documents need to be uploaded online in digital format-GIF,
JPEG and the document size should not exceed 5MB.
10) What are the Steps Involved in Import Export Code (IEC)
Registration?
Step 1 : Application Preparation
In order to get code an application must be made in the Aayaat Niryaat Form
2A format to the DGFT in that region where the registered office of the
company is established. Government has also arranged online filing facility
for obtaining IEC ONLINE.
Step 2: Application Processing
Details of the business and its proprietors, directors or partners, bank
account details and a bank certificate are the basic requirements of ANF 2A.
All the required documents for IEC need to be submitted with ANF 2A. Digital
signature is required on the ANF2A form.
Step 3 : Import Export Code (IEC) fee payment
Once the application if complete, it should be filed with DGFT and an
application fee need to be paid to the government. IEC department may send
back your application for correction / change. You need to reply back to the
DGFT in 15 days.
Step 4 : Import Export Code (IEC) Issuance
Once the application is completely verified by the department, the
Directorate General of Foreign Trade will allot an IE Code for your
business. Notification regarding allotment of IEC will be sent to an
applicant via SMS and e-mail along with a hyperlink through which the e-IEC
can be downloaded and printed.
Though the import-export code is auto-generated, the Regional Authority
would conduct post-verification of the online IEC as per the guidelines. In
case there is any wrong/incomplete information being provided, the applicant
would be liable for penal/criminal action and in such case, IEC would be
either suspended or cancelled.
11) What are the Benefits of Import Export Code (IEC)?
Growth of Business
IEC assists you in taking your services or product to the international
market and expanding your businesses.
Benefits from Government
The Companies could avail several benefits of their imports/ exports from
the DGFT, Export Promotion Council, Customs, etc., on the basis of their IEC
registration.
Zero Compliance
IE Code does not require filing of any return. Once, an IE Code is issued
there are no further procedures required to maintain validity of the IE
Code.
Hassle-free Processing
It is fairly easy to obtain IEC code from the DGFT within a period of 10 to
15 days after submitting the application. There isn’t any need to provide
proof of any export or import for getting IEC code.
Validity for Lifetime
IEC code is effective for the lifetime of an entity and requires no
renewal. After it is obtained, it could be used by an entity against all
export and import transactions.
Export Subsidies
On the basis of IEC, companies or firms can benefits and subsidies their
exports/ imports from DGFT, Customs and export promotion council.
Individuals can have Import Export Code (IEC)
Even individuals who are proprietors of a business can obtain IE Code in
their name. It is not necessary to incorporate a business entity for
obtaining IE Code.
Are you ready to take a step toward being an exporter/ importer? If the
answer is yes, then why wait? If it seems confusing or if you feel you are
in limbo, Rest assured!!
Advo e-Works
will help you with your Import Export Code (IEC). Reach us at (+91) 949 106
2020 or email info@advoeworks.com.
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