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Payment recovery mechanism against erring foreign importers

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Manage episode 343209930 series 2986897
Content provided by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys.. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys. or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Focusing on the exporters’ obligations upon non-realization of export payments from erring foreign importers, this article discusses at length the legal and other remedies available with the exporters where the export transactions are not secured in any manner. The article in this regard analyses the civil remedies, remedy through alternative dispute resolution mechanism, remedy through Directorate General of Foreign Trade, and remedy by filing suit against the erring foreign importers in the subject foreign country. Further, since the non-realization/ repatriation of export proceeds is considered a contravention, the options like, representation before the Authorised Dealer Bank and/ or the RBI, write-off and compounding, under the FEMA laws have also been discussed here.
Audio Source : An article published on the LKS website in August 2022
https://www.lakshmisri.com/insights/articles/payment-recovery-mechanism-against-erring-foreign-importers/
Authors: Aman Gupta, Associate (LKS)
Voice : Anushka Verma, Associate (LKS)

  continue reading

165 episodes

Artwork
iconShare
 
Manage episode 343209930 series 2986897
Content provided by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys.. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Lakshmikumaran & Sridharan Attorneys. and Sridharan Attorneys. or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Focusing on the exporters’ obligations upon non-realization of export payments from erring foreign importers, this article discusses at length the legal and other remedies available with the exporters where the export transactions are not secured in any manner. The article in this regard analyses the civil remedies, remedy through alternative dispute resolution mechanism, remedy through Directorate General of Foreign Trade, and remedy by filing suit against the erring foreign importers in the subject foreign country. Further, since the non-realization/ repatriation of export proceeds is considered a contravention, the options like, representation before the Authorised Dealer Bank and/ or the RBI, write-off and compounding, under the FEMA laws have also been discussed here.
Audio Source : An article published on the LKS website in August 2022
https://www.lakshmisri.com/insights/articles/payment-recovery-mechanism-against-erring-foreign-importers/
Authors: Aman Gupta, Associate (LKS)
Voice : Anushka Verma, Associate (LKS)

  continue reading

165 episodes

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