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REGISTRATION OF EXPORTERS AND OTHER ENTITIES   //   PROCEDURE FOR REGISTRATION

REGISTRATION OF EXPORTERS AND OTHER ENTITIES

POWER TO REGISTER

Registration of Exporters, Fishing Vessels and other Processing entities is one of the statutory functions of MPEDA under Section 9(2) (b) and (h) of the MPEDA Act 1972.

EXPORTERS

Registration as an exporter is granted under section 9(2) (h) of MPEDA Act 1972 read with rules 40-42 of MPEDA Rules, 1972. The exporters are categorized into four, viz:-

  1. Manufacturer Exporter – is an owner of an approved processing plant, or an approved fishing vessel having onboard processing facilities, or live fish handling facility, or chilled fish handling facility or dried fish handling facility.
  2. Merchant Exporter – is an exporter who does not own a processing plant, but utilizes the surplus capacity of an approved processing or handling facility.
  3. Route through Merchant Exporter – is an Export House or Trading House or Star Trading House or Super Star Trading House, possessing a certificate of approval issued by the DGFT.
  4. Ornamental Fish Exporter – is an exporter who exports only ornamental fish but not an exporter of live marine products for human consumption.

The marine products permitted to be exported are classified into 8 categories as given below:-

  1. Frozen Marine Products
  2. Canned Marine Products
  3. Freeze Dried Marine Products
  4. Live Marine Products, other than Ornamental Fish
  5. Dried Marine Products
  6. Chilled Marine Products
  7. Ornamental Fish
  8. Others (Edible)/(Non-Edible)

FISHING VESSELS and PROCESSING ENTITIES:-

  1. Fishing Vessels
  2. Processing Plants
  3. Storage Premises
  4. Conveyance
  5. Pre-Processing Centres
  6. Live Fish Handling Centre
  7. Chilled Fish Handling Centre
  8. Dried Fish Handling Centre
  9. Independent Cold Storages

PROCEDURE FOR REGISTRATION

1. MANUFACTURER EXPORTER

Every application for registration as an exporter of marine products shall be made to the Secretary or other officer authorized by him in Form IX obtainable from the offices of the Authority on payment of Rs. 200/- in cash or by MO / DD / PO drawn in favour of the Authority for each application and shall be accompanied by the list of enclosures indicated in the application (Form IX).

Every application for registration as an exporter shall also be accompanied by a fee of Rs. 5,000/-. Application in triplicate will have to be submitted to the concerned registering office under whose jurisdiction Registered or Head Office of the applicant is located. The application shall be submitted with an application fee of Rs. 5000/- along with the following documents:

  1. Passport size photograph of the applicant
  2. Proof of address
  3. Copy of written agreement for utilization of surplus capacity of Processing Plant and Handling Facility.
  4. Original of the joint undertaking by the owner of the Processing Plant and Handling Facility
  5. Original Registration Certificate of Processing Plant and Handling Facility for endorsement
  6. Original Registration Certificate of Storage premises for endorsement
  7. Fee for endorsement
  8. Certificate from Scheduled Bank showing financial soundness
  9. Copy of the Certificate of Importer Exporter Code(IEC) issued by DGFT
  10. Registration fee of `5000/-
  11. Copy of the purchase order

Nature of the organization

  1. Whether it is a body corporate, or partnership firm or proprietary concern.
  2. Capital employed
  3. Turnover expected in the next 3 years
  4. Copies of Balance Sheet for last two years.
  5. Connection with any other seafood processing units by any of its Directors / Partners or Proprietor. (should be clearly indicated)
  6. Whether a Manufacturer exporter / Merchant Exporter / Route-through merchant exporter / Ornamental fish exporter
  7. Is there any foreign holding? Give details
  8. If consortium, give names and registration numbers of participant exporters
  9. If the applicant is manufacturer exporter, registration number of processing plant
  10. EIA Code number of the plant
  11. SSI Registration number, if any, of the plant
  12. Items processed
  13. Has the applicant a sales agent or overseas representative or an overseas office.
  14. Does the exporter represent any overseas importer? If so, names & addresses of importers and length of time for which he had so represented.
  15. Whether the exporter applied for MPEDA Registration on earlier occasion / has his Registration subjected to cancellation or has he been debarred from export by CCI & E? If so, please give details.
  16. Brand name (s) of products to be exported.

Signing of the application

  1. If the applicant is a sole Proprietary concern, the proprietor or his agent will have to sign the application. In case of agent, an authorization in favour of the agent signed by the Proprietor (power of attorney) should be attached.
  2. If the applicant is a partnership firm any one of the partners or an agent of the firm can sign the application. In case of the agent an authorization in favour of the agent, (power of attorney) signed by one of the partners will have to be produced.
  3. In case of a body corporate any of the directors or attorney of the body corporate shall sign the application. The power of attorney must be produced along with the certificate of incorporation.
  4. The verification portion of the application also to be signed by the same person who has signed the application since what is meant by verification here is only a declaration. The test is that the person who signs has the power to bind the company or firm. This has to be decided by registering authority on the facts of each case. If an employee signs, then obviously it will be necessary for him to have an authority for registration from the owner, partner or director. Signature of owner, partner or director is acceptable.

Processing of application

If the application with supporting documents and brand name of the product is submitted, certificate of registration as an exporter of marine products can be granted to the applicant according to provisions of the Guidelines.

Field offices concerned, on receipt of applications along with all its enclosures for registration as an exporter as per guidelines, may process the same and complete the checklist. While submitting the application online or otherwise, it is expected that all the information given online are true and correct and the officer recommending the registration shall be responsible for any omission or commission.

If the application with supporting documents and brand name of the product is submitted, certificate of registration as an exporter of marine products can be granted to the applicant according to provisions of the Guidelines.

Utilizing the surplus capacity of a Processing Plant or Handling Facility:

  1. A Manufacturer Exporter shall enter into a regular written agreement with the owner valid for one year.
  2. The manufacturer exporter who utilizes surplus capacity of a processing plant or handling facility will have to execute a joint undertaking with the owner of the plant or handling facility in stamp paper worth Rs. 50/- to the effect that they will be fully responsible for the marine products processed, packed and stored in their premises.

The validity period shall conform to the provisions of paragraph 7 of the New Guidelines issued vide Office Order dated 23rd July 2004 and 27th June 2005 of MPEDA for issue of Certificate of Registration as an Exporter. Not more than 2 merchant or manufacturer exporters (3, if the owner does not wish to export) will be allowed to utilize the surplus capacity of any processing plant as per break-up given below:

(a) In plants having freezing, canning or freeze-drying capacity of 5 MTs and below per day, only the owner (or if he does not wish to process and export, one merchant or manufacturer exporter only) will be permitted to pack marine products.

(b) In plants having freezing or freeze drying capacity of 10MTs or below but above 5MTs, apart from the owner, only one merchant or manufacturer exporter will be permitted. If the owner does not wish to process and export, one more merchant or manufacturer exporter can be permitted in his place.

(c) In plants having freezing or freeze drying capacity of above 10 MTs per day, the owner and a maximum of two merchant or manufacturer exporters will be permitted. If the owner does not wish to process and export, one more merchant or manufacturer exporter can be permitted in his place.

When a Manufacturer Exporter ceases to utilize surplus capacity of a processing plant or handling facility, the name and number of the exporter shall be deleted from the certificate of registration of processing plant / handling facility and storage premises by the owner. Concurrence of the exporter is not necessary for the deletion of his name from the registration certificates.

When a Manufacturer Exporter surrenders his processing entitlement in his own plant, the exporter registration certificate issued to him as Manufacturer Exporter shall be cancelled.

When a Manufacturer Exporter surrenders his processing entitlement in his own plant and utilizes surplus capacity of another processing plant he shall become a Merchant Exporter. The exporter registration certificate issued to him as Manufacturer Exporter shall be cancelled and a new certificate as a Merchant Exporter shall be issued if he fulfills all the requirements as per guidelines.

2. MERCHANT EXPORTER

Merchant Exporter is an exporter who does not own or operate a Processing Plant or handling facility but utilizes the surplus capacity of a processing plant or handling facility and whose name has been endorsed on the certificate of registration of processing plant or handling facility.

Regional and Sub-regional Offices shall not register new Merchant Exporters and the application and supporting documents complete in all respects shall be forwarded to Head Office online for further action.

Bank Guarantee: - The new Merchant Exporters of frozen marine products should submit a Bank Guarantee of Rs.15 lakh for a period of 5 years to MPEDA for enforcing accountability and for honouring the settlement in cases of quality complaints and trade disputes.

If the merchant exporter has prematurely terminated an earlier agreement, he shall be given only one more chance to enter into another agreement.

Merchant Exporters shall fulfill the following conditions highlighted in the guidelines for obtaining exporter registration:

  1. The certificate of registration as an exporter issued to a Merchant Exporter shall indicate the name and number of the Processing Plant / Handling Facility and the Storage premises the production from which alone the holder is allowed to export.
  2. The name and number of the Merchant Exporter utilizing the surplus capacity of Processing Plant or Handling Facility shall be endorsed on the certificates of registration or Processing Plant / Handling Facility and Storage premises.
  3. Merchant Exporters shall enter into a regular written agreement with the owner of the Processing Plant or Handling Facility.

3. ROUTE THROUGH MERCHANT EXPORTER

Route Through Merchant Exporter is an Export House, Trading House, Star Trading House or Super Star Trading House approved by the Director General of Foreign Trade.

Regional/Sub-regional Offices may after duly filling the check lists for verification of application for registration as a Route Through Merchant Exporter issue certificate online to those who holds a certificate of approval issued by the DGFT indicating that the firm is having the status of either an Export House, or a Trading House, or a Star Trading House or a Super Star Trading House.

ORNAMENTAL FISH EXPORTER

Ornamental Fish Exporter is an exporter of ornamental fish and aquatic plants only.

PROCESSING PLANTS

Processing plant is a building and premises constructed as per the standards laid down by the European Union/MPEDA and approved by the Inter Departmental Panel wherein a freezing unit or any other processing machinery is installed for processing marine products in any form. Every application for the registration of a processing plant shall be made to the Secretary or other officer authorized by him in Form II obtainable from the offices of the Authority on payment of Rs. 200/-. Application for registration of Processing Plant will have to be submitted to the registering office having jurisdiction over the location of the plant. Application for noting the lien of financial institutions will be made in Form II(i). A copy of the standards prescribed for processing plant has to be supplied with application.

The documents required along with the applications are:

  1. Project report
  2. Plant layout
  3. Declaration
  4. Permission from the Local body to run such processing unit
  5. Certified copy of Title deed
  6. Clearance Certificate from the Pollution Control Board, other documents, if any, as required by the registering authority.
  7. Names & addresses of owners/Partners/Directors/Trustees etc. (documentary evidence in support of ownership)
  8. List of machinery

PRE-PROCESSING PLANT / PEELING SHED

Pre-processing plant / Peeling shed is a building constructed as per the standards laid down by the MPEDA where the marine products are peeled or otherwise subjected to pre-processing. Secretary or other authorized officers are empowered to exercise powers of registration. In the case of pre-processing plant/peeling shed where the registered office of the applicant is located in a place which is different from the actual location of the pre-processing plant/peeling shed, the Registering Office will be the office having jurisdiction over the location of the pre-processing plant/peeling shed.

STORAGE PREMISES

Storage may be deemed to be the premises where marine products, either frozen, canned or dried are stored for commercial purposes. The application, in Form II on payment of `200/-, in duplicate shall be submitted to the concerned Regional / Sub-regional Offices, Trade Promotion Office having jurisdiction over the location of Storage Premises irrespective of location of Regd /HO with Registration Fee and other enclosures.

FISHING VESSELS

Fishing Vessel means a ship or boat fitted with mechanical means of propulsion which is exclusively engaged in sea-fishing for profit. Vide Notification dated 15th February 2007, Department of Commerce, Ministry of Commerce & Industry inserted the following definition viz:

  1. 'Freezer vessels' mean vessels where fishery products are frozen and stored for further processing and packing on land.
  2. 'Fishing vessels' mean vessels engaged in fishing activities where fishery products are stored in optimal conditions for further processing, freezing and packing on land.

The application in triplicate Form-I and in duplicate I(a) duly filled in will be submitted to the concerned Regional Office along with the layout or blue print of the vessel showing deck area.

CONVEYANCE

Every application in duplicate, Form IV, duly filled in must be submitted to the concerned Registering Office under whose jurisdiction the address as given in the registration certificate issued by the local Transport Authority is indicated, along with a fee of `1500/- and other documents like layout, insurance details, copy of the first page of the R.C. Book etc. Application for noting the lien of the financier will be made in Form IV. A copy of the standards prescribed for conveyance has to be supplied with application.

FRESH/CHILLED FISH HANDLING CENTRE

Every application for registration of a fresh/chilled fish handling centre engaged in processing and export to countries other than EU shall be made to the Secretary or other officer authorized by him in Form II(b) obtainable from the offices of the Authority on payment of `200/- for each set of application. Application for registration of fresh/chilled fish handling centre will have to be submitted to the registering office having jurisdiction over the location of the centre. A copy of the norms prescribed for fresh / chilled fish handling centre has to be supplied with application.

PREMISES FOR HANDLING LIVE FISH

Every application for registration of a live fish handling centre engaged in handling or fattening any trade varieties of fishes including molluscs and crustaceans meant for human consumption shall be made to the Secretary or other officer authorized by him in Form II(c) obtainable from the offices of the Authority on payment of `200/- for each set of application. Application for registration of premise to handle live fish will have to be submitted to the registering office having jurisdiction over the location of the establishment. A copy of the norms prescribed for premise to handle live fish has to be supplied with application.

ESTABLISHMENT FOR HANDLING AND PACKING OF DRIED/SALTED MARINE PRODUCTS

Every application for registration of an establishment for packing of dried /salted marine products shall be made to the Secretary or other officers authorized by him in Form II(d) obtainable from the offices of the Authority on payment of `200/- for each set of application. Application for registration of establishment for handling dried / salted marine products will have to be submitted to the registering office having jurisdiction over the location of the establishment. A copy of the norms prescribed for dried / salted marine products handling establishment has to be supplied with application.

INDEPENDENT/COMMON ICE PLANTS

Secretary or other authorized officers are empowered to exercise powers of registration. In the case of Independent/Common Ice Plants where the registered office of the applicant is located in a place which is different from the actual location/base of operation of the establishment/handling centre, the Registering Offices will be the office having jurisdiction over the location of the Ice Plant.