Online Procedure for transfer of Advance Authorisation/EPCG Authorisation in case of amalgamation/de-merger/acquisition etc.

Circular No. ES/125/2021-22                                                            6^th August, 2021         

To: Members of the Council                   

Sub: Online Procedure for transfer of Advance Authorisation/EPCG Authorisation in case of amalgamation/de-merger/acquisition etc.    

Dear Member,           

O/o DGFT has issued Trade Notice No. 14/ 2021-22 dated 4^th August, 2021 regarding the online procedure for transfer of Advance Authorisation/EPCG Authorisation in case of amalgamation/de-merger/acquisition etc.    

In continuation to Public Notice 34/2015-2020 dated 24.12.2020, it is stated that in case of amalgamation/de-merger/acquisition/insolvency, the export obligation(s)/contingent liability(s) are required to be transferred from the earlier entity to the new entity as required under the related laws and rules on the amalgamation/de-merger/acquisition/insolvency process. 

Accordingly, an online procedure is being notified to provide for online filing and transfer of Advance Authorization(s) and EPCG Authorisation(s) from the earlier entity to the new entity(s).  

The detailed steps are presented as follows for perusal – 

1. Applicant would request for amalgamation/de-merger/acquisition of IEC by navigating to DGFT Website >>> Services >>> IEC Profile Management >>> ‘Request for Merger/De-merger’. The given process is implemented as per Public Notice 34/2015-2020 dated 24.12.2020.   
2. Post approval of the given IEC request, the firm may apply for amendment of each of their AA/EPCG authorizations separately. The request may be submitted on the DGFT Website >>> Services >>> AA (or EPCG) >>> Transfer of Authorisation.    
3. Request for amendment of the Authorisation(s) would be auto-submitted to the concerned jurisdictional RA from which the Authorisation was issued.   
4. On approval of the request, the given authorization would be amended and updated details would be transmitted electronically to Customs.   
5. For EPCG authorizations, for the Annual Average Export Obligation (AEO) mentioned on EPCG authorizations, Company A (EPCG authorization holder merging into Company B) the AEO of new entity = AEO of Company A + AEO of company B based on date of merger.   
6. For the purpose of AEO of company B, firm would be required to submit Chartered Accountant Certificate (CAC) to the concerned RA as part of the online amendment request.  
7. S/Bills and B/Es under the earlier IEC would be available under Bills Repository of the new IEC during the authorization closure process.  

In case of any difficulty, in implementation of these provisions, members may kindly contact this Directorate immediately. For guidance on these new processes, the Help manual & FAQs may be accessed on the DGFT Website >>> Learn >>> ‘Application Help & FAQs’. For any further assistance, members may utilize any of the following channels —  

1. Raise a ticket through the DGFT Helpdesk service under Services >>> ‘DGFT Helpdesk Service’.  
2. Call the toll-free Helpdesk number.  
3. Send an email to the Helpdesk on dgftedi@gov.in.  

 Members may kindly make a note of the above.   

Thanking you,        

Yours faithfully,         

S. BALARAJU    
EXECUTIVE DIRECTOR