The full form of AD Code is Authorized Dealer Code (AD Code) and it is a 14-digit numerical identifier issued by a bank authorized to deal in foreign exchange by the Reserve Bank of India (RBI). This code is essential for businesses engaged in international trade, as it facilitates customs clearance, enables the monitoring of foreign exchange transactions, and grants access to various export incentives. Knowing the AD Code's structure, application process, and its pivotal role in export-import operations is important for compliance and operational efficiency.
Legal Framework Governing AD Codes
The issuance and regulation of Authorized Dealer Codes (AD Codes) are governed by the Foreign Exchange Management Act, 1999 (FEMA), which provides the legal foundation for foreign exchange management in India. Under Section 10 of FEMA, the RBI is empowered to authorize entities as dealers in foreign exchange, subject to conditions it deems fit. These Authorized Dealers are categorized into different groups, each with specific roles and responsibilities.
Structure and Format of the AD Code (Authorized Dealer Code)
The AD Code comprises 14 digits, structured as follows:
• First Six Digits: Represent the Bank Code, identifying the specific bank authorized by the RBI.
• Next Five Digits: Denote the Branch Code, specifying the particular branch of the bank issuing the AD Code.
• Last Three Digits: Serve as a Unique Identifier for the exporter within the bank's system.
This standardized format ensures that each AD Code uniquely identifies the bank, its branch, and the exporter, facilitating accurate tracking and regulation of foreign exchange transactions.
Application Process for Obtaining an AD Code
To obtain an AD Code, exporters must follow these steps:
1. Maintain a Current Account: Open a current account with a bank authorized by the RBI to deal in foreign exchange.
2. Submit Required Documents: Provide the following documents to the bank:
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Import Export Code (IEC): Issued by the Directorate General of Foreign Trade (DGFT).
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Permanent Account Number (PAN): Issued by the Income Tax Department.
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Know Your Customer (KYC) Documents: As per the bank's requirements, including identity and address proofs.
3. Receive the AD Code Letter: Upon verification, the bank will issue an AD Code letter containing the 14-digit code.
4. Register the AD Code with Customs: Submit the AD Code to the customs authorities at the port of export. This registration is mandatory for generating shipping bills and facilitating customs clearance.
5. Register with DGFT: Ensure that the AD Code is registered with the DGFT to avail of export incentives and benefits.
This process ensures that the exporter's foreign exchange transactions are conducted through authorized channels, complying with regulatory requirements.
Importance of the AD Code in Export Transactions
The AD Code plays an important role in various aspects of export operations:
• Customs Clearance: The AD Code is mandatory for filing shipping bills on the Indian Customs Electronic Gateway (ICEGATE) platform. Without it, exporters cannot clear goods through customs.
• Foreign Exchange Monitoring: It enables the RBI and customs authorities to monitor foreign exchange inflows, ensuring that export proceeds are repatriated to India in compliance with FEMA regulations.
• Access to Export Incentives: Registration of the AD Code with the DGFT is a prerequisite for claiming various export incentives and benefits offered by the government.
• Regulatory Compliance: Ensures that all export transactions adhere to the guidelines set by the RBI and other regulatory bodies, promoting transparency and accountability.
By integrating the AD Code into their operations, exporters can streamline their processes, ensure compliance, and take full advantage of government incentives.
Compliance and Regulatory Obligations
Authorized Dealers (ADs) and exporters must adhere to several compliance measures:
• Timely Realization of Export Proceeds: As per the Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2024, exporters are required to realize and repatriate the full value of export proceeds to India within nine months from the date of shipment for goods and from the date of invoice for services.
• Accurate Documentation and Reporting: Exporters must submit all relevant export documents to the AD bank within 21 days from the date of shipment.
• Adherence to KYC Norms: AD banks are required to conduct thorough KYC procedures to verify the identity and legitimacy of their clients, preventing money laundering and other illicit activities.
• Regular Compliance Audits: Both ADs and exporters may be subject to audits and inspections by regulatory authorities to ensure adherence to FEMA regulations and other applicable laws.
Non-compliance with these obligations can result in penalties, suspension of export privileges, and other legal consequences.
Recent Developments and Clarifications regarding AD Code (Authorized Dealer Code)
The Central Board of Indirect Taxes and Customs (CBIC) has taken significant steps to simplify and standardize the process of AD Code registration for exporters. In July 2023, CBIC issued an instruction to rely on only two specific documents uploaded through the e-Sanchit portal for AD Code approval and bank account registration:
1. Bank’s Authorization Letter: Incorporating details such as the exporter's name and address, IEC number, PAN, bank account number, and confirmation that the PAN linked with the bank account matches the PAN linked with the IEC number.
2. Copy of a Cancelled Cheque or Bank Statement: Related to the said bank account number, endorsed by the bank.
By standardizing these requirements, CBIC aims to eliminate the need for physical interactions with traders, thus expediting the process.
Conclusion
The Authorized Dealer Code (AD Code) is an important component of India's foreign exchange management system, ensuring that export transactions are conducted through authorized and regulated channels. By obtaining and properly registering an AD Code, exporters can facilitate
FAQs
- What is an Authorized Dealer (AD) Code, and why is it important for exporters in India?
Ans. An AD Code is a 14-digit numerical identifier issued by a bank authorized by the Reserve Bank of India (RBI) to handle foreign exchange. It's crucial for exporters as it's mandatory for customs clearance, monitoring foreign exchange transactions, and accessing government export incentives. Without it, exporters cannot file shipping bills or ensure compliance with FEMA regulations.
- How is the AD Code structured, and what information does each part of the code represent?
Ans. The AD Code consists of 14 digits: the first six digits identify the bank, the next five digits specify the branch of the bank, and the last three digits serve as a unique identifier for the exporter within the bank's system. This structure ensures accurate tracking of foreign exchange transactions.
- What is the process for an exporter to obtain an AD Code, and what documents are required?
Ans. To obtain an AD Code, exporters must open a current account with an RBI-authorized bank and submit required documents, including the Exporter Importer Code (IEC), Permanent Account Number (PAN), and Know Your Customer (KYC) documents. After verification, the bank issues an AD Code letter, which must be registered with customs and the Directorate General of Foreign Trade (DGFT).
- What are the compliance and regulatory obligations associated with the AD Code for both Authorized Dealers and exporters?
Ans. Exporters must ensure timely realization of export proceeds, accurate documentation and reporting, and adherence to KYC norms. Authorized Dealers are required to conduct thorough KYC procedures and may be subject to compliance audits. Non-compliance can result in penalties and suspension of export privileges. Recent updates simplify the document submission process.
- What recent developments have been made to simplify the AD Code registration process, and which documents are now required?
Ans. The Central Board of Indirect Taxes and Customs (CBIC) has simplified the process by requiring only two documents uploaded through the e-Sanchit portal: the bank’s authorization letter (containing specific details like the exporter's IEC and PAN) and a copy of a cancelled cheque or bank statement related to the account. This standardization aims to expedite the process and reduce physical interactions.