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(REVENUE DIVISION)
FEDERAL BOARD OF REVENUE
*******
NOTIFICATION
(CUSTOMS/SALES TAX/FEDERAL EXCISE7[/INCOME TAX])
1. Short title, application and commencement - (1) These rules shall be called
the Export Oriented Units and Small and Medium Enterprises Rules, 2008.
(2) These rules may be applicable only to the units licensed as export
oriented units which are registered as manufacturers-cum-exporters under the Sales
Tax Act, 1990, and the rules made thereunder,
(a) “Acts” means the Customs Act, 1969 (IV of 1969), the Sales Tax Act, 1990
and the Federal Excise Act, 2005;
(e) “import” in relation to an export oriented unit means import from abroad
and includes goods introduced into an export oriented unit from the tariff
area;
(f) “input goods” means all goods 3,4 [ ] whether imported or procured locally
by an Export Oriented Unit from the tariff area such as raw materials,
accessories, sub-components, components, assemblies, sub-assemblies
used in the manufacture of out put goods as approved by the Collector in
the analysis certificate;
(g) “licensee” means any person or firm to whom license is granted under rule
3;
(j) “output goods” means any goods manufactured under these rules for
export to any destination outside Pakistan;
(k) “tariff area” means any area in Pakistan outside the limits of an export
oriented unit; and
(l) “vendor” means a person to whom input goods are provided by the Export
Oriented Unit for partial manufacturing or further processing towards the
manufacture of output goods.
(2) All other words and expressions used, but not defined herein, shall have
the same meanings as are assigned to them in the Acts.
(a) The site plan of the proposes export oriented unit indicating the location of
the premises and the details of the total area, covered area and
manufacturing area and separate storage areas for manufactured goods,
factory rejects and wastages;
(d) Memorandum and Articles of Association in the case where the applicant is
registered under the Companies Ordinance, 1984 (XLVII of 1984), or
partnership deed if it is a partnership firm;
(e) Copy of the national identity card of owner and directors of the company;
(f) general bond 2[equal to the amount of duty and taxes] in the form set out
in Appendix-II;
(g) Lease or tenancy agreement with the written permission from the landlord
to use the premises as an export oriented unit for a period of at least two
years;
(h) Certificate from supplier of fire fighting equipment installed in the premises
regarding its validity date;
(i) Comprehensive insurance policy covering all risks such as fire, burglary,
riots, strikes, malicious damage and allied perils, issued by an insurance
company having paid up capital not less than Rs.120 million, registered with
the Controller of Insurance, Ministry of Commerce, in the sum equal to the
maximum face value of proposed license, covering the total amount of the
customs-duties, federal excise duty, sales tax and any other tax leviable on
the imported goods or locally procured goods, in an export oriented unit;
(i) Full premium under the aforesaid insurance policy has been duly
received;
(ii) In case the licensee does not make the required stock declaration in
time, the company shall immediately inform the Collector; and
(iii) Breach of warranty by the licensee or non-compliance or omission
of any nature by the licensee shall not prejudice any claim lodged by
the Collector;
(3) The verification under sub-rule (2) shall be carried out within seven working
days of the receipt of complete application along with all required documents except
where the applicant is himself responsible for the delay.
(2) In a case referred to in sub-rule (1), the reasons to show cause shall be
communicated to the licensee within seven days of such suspension.
6. Revalidation or revival of license.- The license shall be issued for a period of
two years and the same shall stand revalidated for a further period up to two years by
the Collector on the request of the licensee provided the Collector is satisfied that no
action under the Acts is pending against the licensee and the licensee has duly
submitted a revalidated insurance policy for a further period of two years and the
changes, if any, in the documents furnished under rule 3.
8. Premises of the export oriented unit.- (1) The licensee shall either
own the premises of the export oriented unit (hereinafter referred to as “premises”) or
have a lease thereof in his name for the period for which the license is sought to be
issued, subject to the minimum period prescribed under clause (g) of sub-rule (1) of
rule 3.
(2) The premises shall be used only and exclusively for the Export Oriented Unit
2[The unit shall be allowed to avail license either under Chapter XV of the Customs
(3) The premises shall have clearly earmarked area for storage of imported goods.
(4) The manufacturing area and separate stores for imported and locally procured
input goods as well as finished goods, rejects and waste, shall be clearly earmarked in
the premises.
(2) The Collector or the officer authorized by him in this behalf, shall after such
verification as he deems necessary, or after getting inputs from the input output co-
efficient organization (IOCO), or as the case may be, the Engineering Development
Board (EDB), in this regard, issue an analysis certificate within thirty days of receipt of
such application, showing the actual quantity of input goods used and wastage
occurred in the manufacture of one unit of output goods.
(3) One copy of the Analysis Certificate shall be given to the licensee and one copy
shall be retained in the Collectorate.
(4) Analysis certificate shall not be required for every consignment or input goods
if input goods and output goods are the same for which analysis certificate has already
been issued. However, a separate analysis certificate shall be applied for and issued
where there is a change of output goods or their input goods.
(a) the input goods may be imported by the licensee without payment of
7[customs duty, sales tax, federal excise duty and income tax] after
declaring on the goods declaration that such input goods are being
imported for export oriented unit for manufacture of export goods. The
amounts of 7[customs duty, sales tax, federal excise duty and income tax]
involved on clearance of imported input goods shall be secured by the
Collector of the importing station against indemnity bond and post-dated
cheque as set out in Appendix-IV;
(b) The local input goods liable to sales tax shall be supplied to the licensee
against a zero rated sales tax invoice;
(c) The local input goods liable to federal excise duty shall be supplied to the
licensee against a zero-rated invoice;
(d) The licensee may procure customs or federal excise duty-paid input goods
manufactured locally for production of output goods and the licensee shall
be entitled to payment of drawback of such duties, worked out on the basis
of standard customs and/or federal excise duty drawback notifications,
provided that the f.o.b. value for claiming such drawback, shall be the value
excluding the duty-free value of input goods imported under these rules; or
(e) The exemption from customs-duty, sales tax and federal excise duty,
granted under the Board’s Notification No. S.R.O326(I)/2008, dated the 29th
March, 2008, shall also be applicable to plant, machinery, equipment and
apparatus, including capital goods to be used solely within the limits of an
Export Oriented Unit 2[:]
(2) The record of input goods, manufactured goods and output goods exported
shall be maintained in the form as set out in Appendix-V to these rules, one copy of
which shall be submitted to the Collector before the tenth day of the following month.
(3) The export of output goods shall be made against the goods declaration for
export, prepared by the licensee and endorsed as “Export from Export Oriented Unit”.
(4) The licensee of export oriented unit may exercise his option to get the finished
goods meant for export examined by an official of customs either in the export
oriented unit or at the port and quadruplicate copy of the goods declaration for export
shall bear the examination report of the official of customs accordingly.
(5) The licensee may remove input goods out of his premises for partial
manufacture or processing by the vendor after intimating the Collector or the officer
authorized by him, in this behalf, in the form as set out in Appendix-VI to these rules:
Provided further that the output goods may be removed directly for export
from the vendor to the customs-station.
(6) The factor rejects or output goods not conforming to the export standards shall
be allowed disposal in the local market as per provisions of the Import Policy Order, for
the time being in force, after filing of goods declaration for home consumption by the
licensee:
11. Remission of customs-duty, sales tax and federal excise duty to a licensee of
an Export Oriented Unit.- Subject to the satisfaction of the Collector, the customs-
duty, sales tax and federal excise duty, if any, may be remitted in full or in part, as the
case may be, in the following cases, namely:-
(a) When the input or output goods are damaged or destroyed by unavoidable
circumstances or for causes beyond the control of the licensee; or
(b) When the wastage of input goods, as determined in the Analysis Certificate,
is destroyed; or
(c) When goods procured are bona fide samples drawn under these rules or
samples for study, testing or design; or
(d) When the input goods or output goods, which are rendered unfit for
consumption or sale, are destroyed in the manner as determined by the
Collector.
12. Utilization period of input goods.- The input goods acquired under these
rules shall be utilized in the manufacture and export of output goods within two years
from the date of their import or as the case may be, local purchase:
Provided that the said period may be extended by the Board in cases of
exceptional circumstances.
(a) Return to the person who had supplied the input goods; or
14. Monitoring and audit of an export oriented unit.- (1) The licensee shall
arrange or install in his export oriented unit such online automated system to record
and display details of input goods, manufactured goods and output goods exported,
besides inventory position on daily basis as may enable the Collector to monitor all the
activity being done by him.
(2) The liability of a licensee to pay duty and taxes under a security instrument
furnished by him under these rules, shall not be discharged unless post-exportation
audit is carried out and completed to the satisfaction of the Collector at the end of
every financial year.
(3) Such post-exportation audit shall be conducted by the Collector of Sales Tax
and Federal Excise, in whose jurisdiction the licensee is registered under the Sales Tax
Act, 1990. Necessary data of imported and locally procured input goods, manufactured
goods, output goods and other relevant information of the licensee related to the
financial year, required for the post-exportation audit, shall be provided by the
Collector to the Collector of Sales Tax and Federal Excise having jurisdiction.
(4) The Collector of 2[Customs] Sales Tax and Federal Excise having jurisdiction
shall also, at the time of post-exportation audit prescribed under sub-rule (2), confirm
or otherwise the annual quantum or percentage of annual production exported by the
export oriented unit, as prescribed under clause (d) of sub-rule (1) of rule 2.
Provided for reasons to be recorded, in writing, the Collector may order for
audit, to be carried out at any time during the year but before the expiration of the
financial year.
APPENDIX-I
[See Rule 3(1)]
I/We intend to operate an Export Oriented Unit in the name and style of
It is requested that a license for Export Oriented Unit may be granted to me / us.
A. GENERAL INFORMATION.
1. Name of the Export Oriented Unit
C. Contacts
Telephone No. Fax No. E-mail
4. Status of Business:
Sole Partnership Company
(With Registration Details) (With Registration details)
Proprietorship
(Tick the relevant)
5. Particulars of Directors
Name
_____________________________________________________________________________
NTN CNIC
Name
_____________________________________________________________________________
NTN CNIC
Name
_____________________________________________________________________________
NTN CNIC
Name
_____________________________________________________________________________
NTN CNIC
Please attach attested copies of NTN and CNICs
6. Data about operation:
(i) Nature, type and estimated annual value of the imported input goods:
________________________________________________________________
(ii) Nature, type and estimated annual value of locally procured input goods:
_______________________________________________________________
(iii) Total storage area for imported and locally procured input goods:
_______________________________________________________________
B. UNDERTAKING
1. I/We hereby declare that the information furnished by me/us is true to the best of
my/our knowledge and belief.
2. I/We would agree to abide by any and specific conditions as may be laid down from
time to time.
3. I/We also agree to inform the Collector or any Officer authorized in this behalf, of any
change in the information provided in this application.
BOND
I/we M/s.______________________________________________________________,
jointly and severally bound to the President of Pakistan in the sum equal to the Rs. _________
(Rupees _________________________ only) to be paid to the President of Pakistan for which
we jointly and severally bind ourselves and our legal representatives.
If M/s._________________________________________________________________,
or their legal representatives shall observe all the provisions of the Acts, and the rules made
thereunder in respect of such goods to be imported for use in the Export Oriented Unit under
the provisions thereof.
And that the amount demanded as a result of short recoveries discovered by the audit
at a later stage will be deposited on receipt of notice thereof.
And if within the terms so fixed or allowed, the said goods or any portion thereof
having being removed from the said Export Oriented Unit for the home consumption or re-
exportation by sea, land or air, the full amount of all duties and taxes, warehouse dues, rent or
other lawful charges, penalties and surcharges demandable as aforesaid shall be first paid on
the whole of the said goods. This obligation shall be void. Otherwise on breach or failure in the
performance of any part of this condition the same shall be in full force.
___________________________
Name
_____________________________________________________________________________
NTN CNIC
Witnesses.
1.___________________________________ 2._______________________________
___________________________________ _______________________________
APPENDIX-III
[See Rule 9(1)]
GOVERNMENT OF PAKISTAN
COLLECTORATE OF CUSTOMS
_______________________
ANALYSIS CERTIFICATE
C.No.___________________________ Date:__________________
License No.
5. Details of the input goods to be used for the manufacture of output goods:
S.No. Input Goods Per Unit Wastage
Requirement
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(vii)
(viii)
(ix)
(x)
Prepared by
Name & Designation Signature and seal
Signature and Seal
INDEMNITY BOND
(ON APPROPRIATE STAMPED NON-JUDICIAL PAPER)
WHEREAS, the Collector has allowed us to remove goods under this BOND, we shall
pay on demand all duties, taxes, drawbacks, repayments, rebates and refunds, not levied or
paid under the rules, on the procurement of input goods which are not accounted to the
satisfaction of the Collector and to pay any penalties imposed by the Collector/adjudicating
officer for violation of these rules or the Acts;
NOW, THESE PRESENT WITNE4SS that in pursuance of this BOND the licensee
M/s._______________ hereby agree to indemnify the said Collector for loss of revenue to the
extent of Rs.__________ (Rupees__________________) and also against costs and expenses
which may be incurred by the Collector in recovery of the above amount of revenue.
It is further, agreed that the above amount may be recovered as arrears under
relevant sections of the Acts and the rules made thereunder if the licensee fails to abide by
any condition laid down in rules.
IN WITNESS WHEREOF the parties hereto have put their respective hands and seals on
the day above written.
(1) M/s._________________________________________
(Address)
(2) ______________________________________________
(Name and permanent address)
For and on behalf of the President
Signature_______________________ Signature_______________________
Name__________________________ Name__________________________
Designation_____________________ Designation_____________________
Full address_____________________ Full address_____________________
CNIC No._______________________ CNIC No._______________________
Note 1.- The witnesses shall be government servants in BPS-16 or above, or Oath
Commissioner, Notary Public or an Officer of a Scheduled Bank.
Note 2.- This bond shall be based upon proper collateral security in the shape of NIT
units, National Saving Certificates, Defense Saving Certificates and such other
securities which banks generally accept for extending credit.
APPENDIX-V
[See Rule 10(2)]
GOVERNMENT OF PAKISTAN
COLLECTORATE OF CUSTOMS
_______________________
License No.
Contacts
Telephone No. Fax No. E-mail
Signature:___________________________
Name and Designation_________________
CNIC No._____________________________
The Collector,
Collectorate of Customs,
Customs House______________.
Description G.D./Sales Quantity. Value in Rs. Total value Duty & taxes Total duty &
Tax invoice (per unit) rate (item taxes
No. & date wise) involved.
(1) (2) (3) (4) (5) (6) (7)
UNDERTAKING:
1. I/We hereby declare that the information furnished by me/us is true to the best of
my/our knowledge and belief.
2. I/We would produce further documentary evidence in support thereof if and when
called for.
3. I/We also agree to bide by any such specific conditions as may be laid down from time
to time.
4. I/We also agree to inform the Collector or any officer authorized in this behalf of any
change in the information provided in the application.
Date_______________ Signature of the Applicant
_____________________________________________________________________________
[C.No.11(25)EP/2007]
(Khalid Mahmood)
Second Secretary (Exports Policy)
As amended
1. SRO 888(I)/2009 dated 15.10.2009
2. SRO 494(I)/2009 dated 13.06.2009
3. SRO 340(I)/2010 dated 20.05.2010
4. SRO 353(I)/2010 dated 24.05.2010
5. SRO 163(I)/2012 dated 10.02.2012
6. SRO 687(I)/2013 dated 31.07.2013
7. SRO 1367(I)/2012 dated 08.11.2012