FE Circular No.15 of 2003

F.E. Circular No. 15
August 15, 2003

The Head Offices/Principal Offices of all
Authorized Dealers In Foreign Exchange
Dear Sir,

With a view to further liberalize the foreign exchange regime, certain amendments/additions have been made in the Foreign Exchange Manual (Eighth Edition-2002) after incorporation of the facilities extended to importers and exporters under Trade Policy 2003-04. The same are appended below:
The Incoterms 2000 introduced by ICC have been adopted.

The limit for retention of export proceeds in Special Foreign Currency Accounts has been enhanced to 10%.

The limit on imports, without opening letters of credit, by actual/end users (USD 5,000) has been abolished.

The limit on imports, without opening letters of credit, by industrial users (USD 30,000) has been abolished.

2. Accordingly, following amendments have been made in respective chapters of FE Manual (8th Edition, 2002):

i) The para 1 of Chapter XII of FE Manual (8th Edition, 2002) may be re-numbered as 1(i) and following para may be added as para 1(ii):
“The Incoterms introduced by ICC for exports to provide a set of international rules to avoid uncertainty of different interpretation of the most commonly used trade terms in foreign trade may be adopted.”

ii) Like-wise, existing para 5 of Chapter XIII of FE Manual (8th Edition, 2002) may be replaced by the following para:
“The Incoterms introduced by ICC for imports to provide a set of international rules to avoid uncertainty of different interpretation of the most commonly used trade terms in foreign trade may be adopted. However, prior permission of the State Bank shall be obtained for import of sugar and food grains (cereals) on CFR free out basis”.

iii) Para 32 (i) of Chapter XII FE Manual (8th Edition 2002) may be replaced by the following paragraph:
“Authorised Dealers are permitted to allow payment of commission/brokerage/discount due to foreign importers/or agents by exporters in Pakistan at the following rates:

(a) Books, journals and magazines	Upto 33 1/3
(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 10%
(d) Cotton	Upto 2%
(e) All other goods except cement	Upto 10%”

iv) To further facilitate the exporters to utilize the funds retained in the special foreign currency accounts (opened for retention of commission from export proceeds under paras 32(iii) and 33 of Chapter XII), it has been decided to allow the exporters to utilize these funds for any other legitimate purpose including purposes as stated in para 32(iii) of Chapter XII. Accordingly, para 32(iii) may be replaced by the following para:

“In cases where the exporter is not required to pay commission or where he is required to pay an amount less than the maximum permissible limits for commission, such amounts of commission/differential not exceeding the limits as stated in paras 32(i) and 33 of the FOB value of goods realized and net foreign exchange earnings respectively can be retained in foreign currency account with Authorised 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, bonafide export claims, shortfall in realization of export proceeds and any other legitimate purpose, without any approval from the State Bank. The foreign currency accounts so opened will be fed exclusively with the maximum allowable/differential for commission from export proceeds/net foreign exchange earnings and no other deposits, whatsoever the nature, will be accepted for credit to such foreign currency accounts. The facility is also available where export proceeds are realized under ACU Arrangement”.

v) Sub paragraph (i) of para 17 of Chapter XIII of Foreign Exchange Manual (8th Edition, 2002) has been amended as under: -

“In terms of the Import Policy, importers are permitted to make imports without opening of letters of credit or registering the indents/proforma invoices or orders with the Authorized Dealers, and make remittances thereagainst. The importers are free to make remittances in respect of such imports either in advance or after receipt of goods in Pakistan. The remittances can be made through demand draft/telegraphic transfer/mail transfer. In such cases where the importers make advance payments for such imports, they will be required to furnish to Authorized Dealers at the time of making a request for remittance, an undertaking to produce invoice and bills of lading/airway bill within the period of four months from the date of advance payment. The Authorized Dealers will pursue the matter with the importers and report those cases to the area offices of Exchange Policy Department where the requisite documents are not produced within the prescribed time limit. In cases where remittances are made after receipt of goods in Pakistan, the importers can approach the Authorized Dealers for remittances on the basis of invoices and original bills of lading or airway bill. The Authorised Dealers have general permission to make advance payments or arrange remittances against the prescribed documents on receipt of goods in Pakistan”.

vi) Moreover, para 14 of Chapter XVI of FEM has also been replaced by the following:-

“Authorized Dealers may approve applications on Form ‘M’ in connection with import of any importable item or items by actual users on production of the following documents: -

i) Proforma invoice/debit note in original.

ii) Declaration of the applicant that the amounts remitted by him during the current fiscal year including the amount of the present application.

iii) Declaration that the item/items so imported are for his personal use only.

vii) Sub paragraph (ii) of para 17 of Chapter XIII of FEM (Eighth Edition) 2002 should be replaced by the following para:

“At the request of industrial establishments as importers, Authorized Dealers may issue foreign currency demand draft for import of spare parts/machinery, without opening of letter of credit, provided such imports are made by air or by courier. Authorized Dealers will maintain a record of such drafts issued by them. They will also obtain Exchange Control copy of Bill of Entry and evidence to the effect that the import was made by air/courier. These records will be retained till the next inspection of the concerned bank branch by the State Bank’s Inspectors”.

(M.R. MEHKARI)
Director