11

Welcome to Revised Welcome to Revised Softex procedureSoftex procedure

EXIM Services Group, Hyderabad EXIM Services Group, Hyderabad

22

ContentsContents

1)1) Circular ---------------------------------------------------- Circular ---------------------------------------------------- Slide No.3Slide No.3

2)2) Highlights of new revised procedure ----------- Highlights of new revised procedure ----------- Slide No.6Slide No.6

3)3) Revised Softex form ---------------------------------- Revised Softex form ---------------------------------- Slide No.7Slide No.7

4)4) Guide Lines to Fill the Revised Softex Form-- Guide Lines to Fill the Revised Softex Form-- Slide No.10Slide No.10

5)5) Country & Currency Codes ------------------------- Country & Currency Codes ------------------------- Slide No.15Slide No.15

6)6) Sample Check & Verification ---------------------- Sample Check & Verification ---------------------- Slide No.17Slide No.17

7)7) Softex filling formats URL link details----------- Softex filling formats URL link details----------- Slide No.18Slide No.18

33

Circular Circular

RBI has issued vide circular no: RBI/2013-RBI has issued vide circular no: RBI/2013-14/254 A.P. (DIR series) Cir. No.43 dated 14/254 A.P. (DIR series) Cir. No.43 dated 13th September 2013 regarding the 13th September 2013 regarding the simplification of existing softex form used for simplification of existing softex form used for declaration of Export of Software. RBI has declaration of Export of Software. RBI has announced the date of implementation of new announced the date of implementation of new softex form and its rules from 1st October softex form and its rules from 1st October 2013.2013.

RBI circular

44

RESERVE BANK OF INDIA

Foreign Exchange DepartmentCentral OfficeMumbai - 400 001

RBI/2013-14/254A.P. (DIR Series) Circular No.43 September 13, 2013ToAll Authorised Dealers in Foreign ExchangeMadam / Sir,Export of Goods and Services-Simplification and Revision of Declaration Form for Exports of Goods/Softwares

Attention of the Authorised Dealers is invited to Regulation 6 of the Notification No.FEMA 23/2000-RB dated May 3, 2000 viz. Foreign Exchange Management (Export of Goods and Services) Regulations, 2000, as amended by the Notification No.FEMA 36/2001-RB dated February 27, 2001 and A.P. (DIR Series) Circular No. 80 dated February 15, 2012 ,in terms of which every exporter of goods or softwares has to give declaration in one of the forms (GR/PP/SDF/SOFTEX/Bulk SOFTEX) and submit it to the specified authority for certification.

•In order to simplify the existing form used for declaration of exports of Goods/Softwares, a common form called “Export Declaration Form” (EDF) has been devised to declare all types of export of goods from Non-EDI ports and a common “SOFTEX Form” to declare single as well as bulk software exports. The EDF will replace the existing GR/PP form used for declaration of export of Goods. The procedure relating to the exports of goods through EDI ports will remain the same and SDF form will be applicable as hitherto. The EDF and SOFTEX form have been given in Annex I and Annex II respectively.

•Under the revised procedure, the exporters will have to declare all the export transactions, including those less than US$25000, in the form as applicable. •Reserve Bank of India will be extending the facilities to exporters for online generation of SOFTEX Form No. (Single as well as Bulk) for use in Off-Site Software exports, in addition to EDF Form No. (Present web-based process of generation of GR Form No. gets replaced) through its website www.rbi.org.in . In order to generate the above number, the applicant has

55

generated for each transaction by the applicant exporter. The specimen of online form andthe advice are given in Annex III. The present facility of manual allotment of single as well bulk SOFTEX form number by Regional Offices of RBI would be dispensed with accordingly.

1.The Foreign Exchange Management Act (FEMA) requires exporters to complete the EDF/SOFTEX Form using the number so allotted and submit them to the specified authority first for certification and then to AD for necessary action as hitherto.

2.The above instruction will come into force from October 1, 2013. Authorised Dealers may bring the contents of this circular to the notice of their constituents concerned.

3.The directions contained in this circular have been issued under Section 10(4) and Section 11(1) of the FEMA, 1999 (42 of 1999) and are without prejudice to permissions / approvals, if any, required under any other law.

Yours faithfully,(C.D.Srinivasan)

Chief General Manager

66

Highlights of new revised Highlights of new revised procedureprocedure

Exporters can use the allocated Softex number either for each Exporters can use the allocated Softex number either for each invoice or for a group of invoices with same currency of a particular invoice or for a group of invoices with same currency of a particular customer.customer.((Kindly refer D of Annexure of RBI Circular No. 80 dated 15Kindly refer D of Annexure of RBI Circular No. 80 dated 15thth Feb Feb

20122012).). Exporter will have to declare all the export transactions, including Exporter will have to declare all the export transactions, including those less than US$25000. those less than US$25000. (Kindly refer point no.3 of RBI Circular no.43 (Kindly refer point no.3 of RBI Circular no.43 dated 13dated 13ththSept 2013)Sept 2013)

RBI shall provides softex numbers through its website RBI shall provides softex numbers through its website www.rbi.org.in. →Forms → . →Forms → Foreign Exchange Management Act Foreign Exchange Management Act FormsForms →Printing (EDF/Softex form no.) The specimen of online →Printing (EDF/Softex form no.) The specimen of online form and the advice are given in Annex III. form and the advice are given in Annex III. ( Kindly refer point no.4 of ( Kindly refer point no.4 of RBI Circular no. 43 dated 13th Sept 2013)RBI Circular no. 43 dated 13th Sept 2013)

Revised softex form is common form to declare single as well as Revised softex form is common form to declare single as well as bulk software exports. bulk software exports. (Kindly refer point no.2 of RBI Circular no.43 dated (Kindly refer point no.2 of RBI Circular no.43 dated 13th Sept 2013)13th Sept 2013)

Revised procedure is effective from 1Revised procedure is effective from 1stst Oct 2013 Oct 2013..( Kindly refer point ( Kindly refer point no.6 of RBI Circular no.43 dated 13th Sept 2013)no.6 of RBI Circular no.43 dated 13th Sept 2013)

77

Revised Softex formRevised Softex form

Revised softex form for offsite software Revised softex form for offsite software exports exports ((Kindly refer Annexure-II of Circular no: 43 Kindly refer Annexure-II of Circular no: 43 dated 13dated 13thth Sept 2013) Sept 2013)

Revised softex form for Royalty Receipt Revised softex form for Royalty Receipt ((Kindly refer Annexure-II of Circular no: 43 Kindly refer Annexure-II of Circular no: 43 dated 13dated 13thth Sept 2013) Sept 2013)

88

Format of Softex Forms

Summary Sheet

Section - A

Name and address of Exporter   IEC Code.  

Letter of Permission (LOP) No.(STP/EHTP/SEZ/EPZ/100% EOU/DTA Unit)

  Date of LOP issued

 

Name of Authorised Datacom Service Provider   STPI/SEZ Centre  

Name and address of Authorised Dealer/Bank   Authorized Dealer Code

 

Section - B

List of Invoices for offshore export value through datacom link

Period of Invoices raised from _____________ to _____________

Sr. No.

Softex No.

Name of the Client

Address of the Client

Country

Internal project code/Contract/ Agreement No & date

Type of S/W Exported

Mode of realisation

Invoice Number

Invoice Date (DD/MM/YY)

Currency

Analysis of Export Value

Value of software Export

(A)

Transmission Charge (B)

Commission

( C)

Deduction (D)

Net Realisable

value [ (A+B)

-(C+D)]

                         

99

SECTION - C  

DECLARATION BY EXPORTER  

I /We@ hereby declare that I/we@ am/are@ the seller of the software in respect of which this declaration is made and that the particulars given above are true and that the value to be received from the buyer represents the export value contracted and declared above. I/We@ also declare that the software has been developed and exported by using Authorised and legitimate datacom link and certified that the software described above was actually transmitted. I/We @ undertake that I/we@ will deliver to the Authorised dealer bank named above the foreign exchange representing the full value of the software exported as above on or before........................ (i.e. within the period of realisation stipulated by RBI from time to time ) in the manner specified in the Regulations made under the Foreign Exchange Management Act, 1999.

I/We @ am/are not in the Caution List of the Reserve Bank of India.

 

Place: Date:Name : Designation:

Stamp (Signature of the Exporter)

 

Space for use of the competent authority in STPI/EPZ/SEZ

Certified, on the basis of above declaration by the SEZ/STPI unit, that the software described above and the export value declared by the exporter in this form is as per the corresponding invoice/gist of invoices submitted and declared by the Unit.

Date:Name : Designation: Stamp

( Signature of the Designated/Authorised Official of STPI/EPZ/SEZ )

1010

Guide Lines to Fill the Guide Lines to Fill the Revised Softex FormRevised Softex Form

1111

Softex numberSoftex number : Softex number allocated by RBI itself : Softex number allocated by RBI itself (www.rbi.org.in. →Forms → (www.rbi.org.in. →Forms → Foreign Exchange Foreign Exchange Management Act FormsManagement Act Forms →Printing (EDF/Softex form no.) →Printing (EDF/Softex form no.)

Name*

IE Code*

Address*

Telephone No.*

Email*

Fax

Type of Export*Drop down option1 [ ] Goods2 [ ] Software

Mode of Export*Drop down option ( if type of export is Goods)1. [ ] Post Parcel/Couriers 2. [ ] Others

Form No*.

Drop down option( if type of export is Software)1.[] Single2.[] Bulk

Numbers of Form Maximum 50 forms Nos. ( in case of bulk option is selected)

* Mandatory

1212

Name, Address & Country of ClientName, Address & Country of Client : :

It should match with your business proof It should match with your business proof document (Agreement/SOW / Workorder / document (Agreement/SOW / Workorder / PO / Job order) PO / Job order)

Internal project code/Contract/ Agreement Internal project code/Contract/ Agreement

No & date:No & date:

As per Business proof documentAs per Business proof document

1313

Type of software exportedType of software exported

(a) Computer Software (a) Computer Software RBI Code RBI Code

Data Entry job and Conversion Data Entry job and Conversion Software Data Processing Software Data Processing 906906

Software Development Software Development 907907

Software Product , PackagesSoftware Product , Packages 908908

Other (Please specify)……….Other (Please specify)………. 909909

(b) Other Software (b) Other Software

Video /TV Software Video /TV Software 910910

Others/( Please specify) ……..Others/( Please specify) …….. 911911

1414

Mode of RealisationMode of Realisation : How export value will : How export value will realise.realise.

Types of Realisation :Types of Realisation :1.1. Under L/CUnder L/C : Letter of Credit is a letter issued by a buyers bank to : Letter of Credit is a letter issued by a buyers bank to

another sellers bank (especially one in a different country) to serve as another sellers bank (especially one in a different country) to serve as a guarantee for payments made to a specified person under specified a guarantee for payments made to a specified person under specified

conditions.conditions.

2.2. Bank guaranteeBank guarantee : A bank guarantee is a surety or a guarantee issued by the : A bank guarantee is a surety or a guarantee issued by the

bank on behalf of its customer for the benefit of foreign beneficiarybank on behalf of its customer for the benefit of foreign beneficiary..3.3. OthersOthers : EEFC Account : EEFC Account

Exchange Earners' Foreign Currency Account (EEFC) is an account Exchange Earners' Foreign Currency Account (EEFC) is an account maintained in foreign currency with an Authorised Dealer.maintained in foreign currency with an Authorised Dealer.

Invoice number & DateInvoice number & Date : Please follow : Please follow procedure of your organization.procedure of your organization.

1515

Country & Currency Codes:

Kindly mention the “alphabetic codes” only in the softex forms.

Below provided URL links

Country Codes for the Softex (www.hyd.stpi.in/downloads/Country_Codes.xls)

Currency Codes for the Softex (www.hyd.stpi.in/downloads/Currency_Codes.xls)

1616

Analysis of Export Value :

A- Value of Software ExportB-Transmission Charges C- Commission D- Deduction STPI will certify the Net Realisable value i.e. ((A+B)-(C+D))

Section C Declaration:

It should be signed by the Authorised Person.

1717

Sample Check & VerificationOld SoftexOld Softex Revised SoftexRevised Softex

1.1. Three Sets of Softex Application Three Sets of Softex Application forms Need to be submit forms Need to be submit (Original/Duplicate and Triplicate).(Original/Duplicate and Triplicate).

2. 2. Invoices in Triplicate which are duly Invoices in Triplicate which are duly signed by Authorized person need signed by Authorized person need to be submit along with Softex to be submit along with Softex Form.Form.

3.3. P.O/Agreement/Work order as per P.O/Agreement/Work order as per checklist need to be submit.checklist need to be submit.

4.4. No Soft copy of Softex form No Soft copy of Softex form required for certification.required for certification.

5.5. Exporter need to submit Data Exporter need to submit Data Communication link proof.Communication link proof.

6.6. Softex Numbers can be allotted by Softex Numbers can be allotted by STPI/ by the Unit as allotted by RBI. STPI/ by the Unit as allotted by RBI. Softex number for each Softex Softex number for each Softex form.form.

7.7. Exporter need not declare the Exporter need not declare the export transactions less than export transactions less than US$25000.US$25000.

1.1. Three Sets of new softex form as per Three Sets of new softex form as per RBI format need to SubmitRBI format need to Submit

(Original/Duplicate/ and Triplicate)(Original/Duplicate/ and Triplicate)

2.2. Invoice details need to be mentioned Invoice details need to be mentioned in in Section BSection B. . Invoices copies Invoices copies required for sample checkrequired for sample check. .

3.3. Agreement/P.O/Work order details Agreement/P.O/Work order details need to mentioned in need to mentioned in Section BSection B. . One One copy of business proof document copy of business proof document to be taken for sample check.to be taken for sample check.

4.4. Soft copy of Softex form in Soft copy of Softex form in spreadsheet is forward to STPI spreadsheet is forward to STPI ((hyd.softex@stpi.in) Along with ) Along with Hardcopy.Hardcopy.

5.5. Exporter provide details of datacom Exporter provide details of datacom link in link in Section ASection A of Softex form of Softex form (Hard (Hard copy required for sample check).copy required for sample check).

6.6. Softex Numbers allotted by RBI only Softex Numbers allotted by RBI only through online.through online.

7.7. Exporter will have to declare all the Exporter will have to declare all the export transactions, including those export transactions, including those less than US$25000.less than US$25000.

1818

Softex filling formats URL link details

Softex check list URL link http://www.hyd.stpi.in/downloads/softex_chklst.doc

Request Letter/Covering Letter in Prescribed format URL link http://www.hyd.stpi.in/downloads/softex_cvr.doc

Softex Summary sheet (Or Annexure-II) URL link http://www.hyd.stpi.in/downloads/softex.xls

1919

For more information kindly contacts us :For more information kindly contacts us :

SOFTEX TEAM : 040 6641 5600/5611SOFTEX TEAM : 040 6641 5600/5611

2020