Sro 327-2008
Sro 327-2008
Sro 327-2008
(REVENUE DIVISION)
FEDERAL BOARD OF REVENUE
*******
NOTIFICATION
(CUSTOMS/SALES TAX/FEDERAL EXCISE /INCOME TAX)
(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;
(d) “export oriented unit” includes a small and medium enterprise and means a
manufacturer having in-house manufacturing facility located in the tariff
area of Pakistan and licensed as such by the Regulatory Authority under rule
3, and exporting -,
(i) At least 80% of its production to other countries, inclusive of
upto 20% supplies for exports against securities to the
satisfaction of Regulatory Authority concerned or upto 20%
supplies for local consumption on payment of leviable duties and
taxes,] if established before 1st July, 2007;
(ii) 100% of its production to other countries, inclusive of upto 20%
supplies for exports against securities to the satisfaction of
Regulatory Authority concerned or upto 20% supplies for local
consumption on payment of leviable duties and taxes, if
established on or after 1st July, 2007, and licensed by the
Collector of Customs under rule 3; or
(iii) 50% of its production as an engineering unit (as certified by the
Engineering Development Board) to other countries for the first
three years and after that 80% of its production to other countries.
(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, 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, coal, coke of
coal, carbon blocks diesel, gas and furnace oil (for generation of
electricity/energy) used in the manufacture of out put goods as approved by
the Regulatory Authority 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 proposed 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 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;
(j) An undertaking by an insurance company duly approved by the Controller of
Insurance, Ministry of Commerce, on the stamp paper undertaking that-
(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 Regulatory
Authority; 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
Regulatory Authority;
(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.
(3) Any licensee aggrieved by any decision or order under rule 4 or rule 5 may
prefer an appeal to the Chief Collector of Customs within sixty days of the passing of
such decision or order.”
(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 Regulatory Authority, 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
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 customs duty,
sales tax, federal excise duty and income tax involved on clearance of
imported input goods shall be secured by the Regulatory Authority of the
importing station against indemnity bond and post-dated cheque as set out in
Appendix-IV;
[a1] the Collector of Customs may allow transfer of input goods from the units
operating under Notification No.S.R.O 327(I)/2008, dated the 29th March,
2008 or DTRE Rules or a Customs Bond to another Export Oriented Unit
without payment of customs duty and other taxes against an indemnity bond
as set out in Appendix-VII to this chapter on submission of an application,
by the licensee, as set out in Appendix-VIII to this chapter.
(b) [omitted]
(c) [omitted]
(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, federal excise duty and income
tax, granted under the Board’s Notification No. S.R.O 326(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; or
(f) the Collector, on submission of an application by the EOU, may allow sale
or transfer of plant, machinery, equipment and apparatus from one EOU to
another EOU. In case, the EOUs fall under the jurisdiction of different
Collectorates, sale or transfer may be allowed after obtaining no objection
certificate from the destination Collectorate. Any stated sale or transfer shall
be subject to replacement of security and indemnity bond for the remaining
period as prescribed in Appendix-IX deposited at the time of import. After
sale or transfer of plant, machinery, equipment and apparatus, EOUs shall
provide certificate to the respective Collectorate to the effect that such sale
or transfer has been completed as per prescribed procedure.
"TABLE
Sr No Disposal period Duty and
taxes
(i) If sold or otherwise disposed of before the expiration Full
of three years from the date of importation.
(ii) If sold or otherwise disposed of after three and 75%
before four years from the date of importation.
(iii) If sold or otherwise disposed of after four and before 50%
five years from the date of importation.
(iv) If sold or otherwise disposed of after five years from 0%
the date of importation.
“; and
“Provided also that the replacement parts of machinery and spares, shall
be allowed removal after three years from the date of importation from EOU
subject to mutilation or scrapping under the supervision of an officer not
below the rank of Assistant Collector.”
(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 Regulatory Authority 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 Regulatory Authority, 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 factory 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 Regulatory Authority,
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
Regulatory Authority.
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:
“Provided further that the Chief Collector may consider any further extensions
in exceptional circumstances on such terms and conditions as he may deem
appropriate.”
(a) Return to the person who had supplied the input goods; or
(c) Local sale on payment of duties and taxes leviable at the time of import
alongwith payment of surcharge at the rate of KIBOR plus three per cent per
annum to be calculated from the date of import of input goods:
Provided that the quantity of the input goods for local sale shall not be
more than then percent of the total imports during a year.”
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 Regulatory Authority 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 Regulatory Authority at the end of
every financial year.
(a) is upto 5%, leviable duty and taxes shall be recovered to the extent of input
goods not exported;
(b) is between 6-10%, leviable duty and taxes shall be recovered on the input
goods not exported alongwith the amount of surcharge at the rate of KIBOR
plus three per cent per annum to be calculated from the date of import of
such input goods; and
(c) is more than 10%, leviable duty and taxes shall be recovered on the input
goods not exported alongwith the amount of surcharge at the rate of KIBOR
plus five per cent per annum to be calculated from the date of import of such
input goods and the penal action may also be taken under the law.”
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 Regulatory Authority, of any change in the information
provided in this application.
5. I/We undertake to furnish any further information or document as may be required for
consideration of this request.
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.
Prepared by
Name & Designation Signature and seal
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 WITNESS 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
License No.
Contacts
Telephone No. Fax No. E-mail
Signature:___________________________
Name and Designation_________________
CNIC No._____________________________
For official use only
Comments/report by the Customs Officer(s) after visit to the EOU, verification and reconciliation of the data.
Signature_______________________
Date__________________ Name & Designation______________
Employee No.
APPENDIX-VI
[See Rule 10(5)]
GOVERNMENT OF PAKISTAN
COLLECTORATE OF CUSTOMS
_______________________
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 Regulatory Authority of any change in the information
provided in the application.
Description G.D No. & Sales Tax Quantity. Value in Total value Duty & Total duty
Date invoice Rs. (per unit) taxes rate & taxes
No. & date (item wise) involved.
(1) (2) (3) (4) (5) (6) (7) (8)
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 abide by any such specific conditions as may be laid down from time
to time.
4. I/We also agree to inform the Regulatory Authority of any change in the information
provided in the application.
WHEREAS, the Regulatory Authority has allowed us to transfer goods from Customs
Bond to an Export Oriented Unit without payment of customs duty and other taxes, to the
satisfaction of the Regulatory Authority and to pay any penalties imposed by the Regulatory
Authority/adjudicating officer for violation of these rules or the Acts;
NOW, THESE PRESENT WITNESS that in pursuance of this BOND the licensee
M/s.________________________ hereby agree to indemnify the said Regulatory Authority for
loss of revenue to the extent of Rs.__________ (Rupees__________________) and also against
costs and expenses which may be incurred by the Regulatory Authority 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
INDEMNITY BOND
(ON APPROPRIATELY STAMPED NON-JUDICIAL PAPER)
3. Now, these present witness that in pursuance of this BOND the licensee
M/s._______________ hereby agrees to indemnify the said Regulatory Authority or
adjudicating officer for loss of revenue to the extent of Rs.__________
(Rupees__________________) and also against costs and expenses which may be incurred by
the Regulatory Authority in recovery of the above amount of revenue.
4. 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.
5. 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
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.
_____________________________________________________________________________
[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
8. SRO 647(I)/2018 dated 24.05.2018
9. SRO 194(I)/2018 dated 11.02.2019 (Replaced with SRO 400/2019)
10. SRO 400(I)/2019 dated 20th March, 2019
11. SRO 747(I)/2019 dated 09.07.2019 (Replaced with SRO 1002/2019)
12. SRO 1002(I)/2019 dated 06.09.2019