An exporter using an application specified in an ANF 2C register can become a member of EPC. The applicant is granted with the Registration-cum-Membership-Certificate (RCMC) of EPC in the format that is given in Appendix 2R. To register as a manufacturer exporter, the applicant has to furnish evidence for the same. Prospective/ potential exporters on the application can register and become an associate member of an EPC.
An individual applying for the following purposes can apply for this certificate.
- An authorization to import/ export on restricted items
- To seek benefits or concession under Foreign Trade Policy (FTP) like duty drawback, duty credit scrips, etc.
Certificate of Registration as an Exporter of Spices (CRES) that is issued by the Spices Board will be considered as RCMC and no other RCMC will be applied with any other Export Promotional Councils (EPC).
An application with the concerned Export Promotional Council (EPC) has to be filed using form ANF 2C. Exporters can be registered under two categories namely, the Merchant exporter and the Manufacturing exporter. On opting the Manucaturing exporter, a proof substantiating the same has to be submitted.
The following are the required documents that have to be enclosed along with the application form.
- Duly filled and signed Registration-cum-Membership-Certificate application form.
- Self-certified copy of the IEC Number that is issued by the concerned regional licensing authority.
- Self-certified copy of Permanent Account Number (PAN) which is granted by the competent authority.
- The membership fee of the ‘Services Export Promotion Council’ in Demand Draft the has to be paid at New Delhi or through cheque that is payable at branches by remitting the membership fee.
- Self-certified copy of company’s MOA (For Corporate/ institutional/ Private Limited/ Limited company).
- Self-certified copy of the company’s Partnership Deed (For Partnership company and Individual Ordinary).
- Self-certified copy of the Trust’s Deed (For Trusts/ institutional/ Corporate).
- Self-certified copy of the certificate that is issued by the Registrar of Companies in regard to the company’s registered office change.
- The last 3 years Services Export Data (Foreign Exchange Earnings) that has to be certified by the Chartered Accountant of the company.
- Self-certified copy of the Board Resolution or Power of Attorney issued in favour of signing authority if the name of the signing authority is not mentioned in IEC/ MOA/ Partnership Deed/ Trust Deed of the company/ firm/ Trust.
- Self-certified copy of GST registration certificate.
Guidelines for Registration
- When applying for RCMC, an exporter has to declare the mainstream business. Moreover, the RCMC has to be obtained from the Export Promotional Council, depending on the business. If a person is running a coconut business, the person comes under Coconut Development Board.
- If the person does not belong to any mentioned export promotion council, then the person can directly apply for the certificate ar FIEO (Federation of Indian Exporters Organisation).
- Those multi-product exporters who are not registered with any EPC, or if the stream of business is yet to be confirmed, then the exporter has an option to obtain RCMC from FIEO.
- For multi-product exporters having their head office/ registered office in north-eastern states, RCMC can be obtained from Shellac and Forest Product Export Promotional Council, unless it is for the products that are looked after by APEDA, Spices Board and Tea Board.
- The exporters of handicrafts and handloom products belonging to the state of Jammu and Kashmir authorised to issue Registration Cum Membership Certificates.
RCMC Registration under Export Promotional Council
A total number of 26 Export Promotion Councils and 9 commodities board are present in India. Commodities board and the Export Promotional Councils (EPC) in India are the concerned authorities for issuing RCMC. These institutions have been authorised by the Central Government to issue RCMC to the exporters. Every EPC and the commodities board in India categories itself depending on the type of products, In case, if the product line of exporter does not come under the category, then he shall apply for RCMC from FIEO.
Registering authority is a body that is notified by DGFT to register importers/ exporters as its members by issuing RCMC. The list of notified Registering Authorities is mentioned in Appendix-2T.
Criteria for EPCs as Registering Authorities
To make EPCs entirely democratic and participative in nature and for better governance and transparency, the criteria to function as Registering Authority are given below.
- e-Voting: Electronic Voting would be mandatory for election to the posts of Vice Chairman/ Vice President and Exclusive Committee members with a view ensuring wider participation.
- Tenure of Elected Heads: The tenure of an elected head will not be present more than two years. The election of Chairman/ President of the EPC is done via Vice Chairman/ Vice President route. Therefore, any member having held the post of Chairman/ President and Vice Chairman/ Vice President can comeback as Vice Chairman after a minimum gap of 4 years.
- Directions of Central Government: EPCs that act as Registering Authorities abides with all directions of the Central Government for promotion and development of international trade.
Intimation Regarding Change in Constitution of Business of RCMC Holder
- If there is a change in ownership, constitution, name or address of an exporter, it is mandatory for the RCMC holder to intimate the change to the registering authority with a month from the date of such change. Registering authority accepts delays that are made on merits.
- Exporter furnishes a quarterly return/ details of the exports of different commodities to the concerned registering authority. However, the status holders also send quarterly returns to FIEO in the format that is specified by FIEO.
The registering authority de-registers an RCMC holder for a particular period for violating the conditions of registration. Before such de-registration, the RCMC holder will be given a show notice by the registering authority, and an adequate and reasonable opportunity to make a representation against the proposed de-registration. Upon, de-registration, the concerned EPC intimates the same to all the RAs.
Appeal Against De-Registration
An individual aggrieved by a decision of registering authority in respect of any matter that is connected with the issue of RCMC prefers an appeal to DGFT or an officer will be appointed within 45 days against the decision and the decision of the appellate authority would be the final decision.
Directives of DGFT
DGFT Directs any registering authority to register or de-register an exporter or issues such directions to then consistent with and in order to implement provisions of FT (D&R) Act, Rules and Orders made under the FTP.
Penalty for Violation
The Export Promotional Council de-registers the exporter for a specified period for violating the terms and conditions for registration.
Validity of RCMC
RCMC is valid from 1st April of the licensing year when it is issued and is valid for five years that ends on 31st March of the licensing year.