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Export Registration Certificate Process in Pakistan

Export registration in Pakistan is a mandatory process for businesses intending to engage in international trade. The Export Registration Certificate (ERC) is a crucial document issued by the Trade Development Authority of Pakistan (TDAP) under the Ministry of Commerce. This certificate serves as official recognition of a company’s status as an exporter and is essential for conducting export operations from Pakistan. The Export Policy Order 2020 and the Import Policy Order 2020, issued under the Imports and Exports (Control) Act, 1950, govern the export registration process in Pakistan. These regulations aim to streamline export procedures, ensure compliance with international trade standards, and promote Pakistan’s export sector.

Legal Requirements for Obtaining Export Registration

To obtain an Export Registration Certificate in Pakistan, businesses must fulfill several legal requirements:

  1. Business Registration: The company must be registered with the Securities and Exchange Commission of Pakistan (SECP) or the Registrar of Firms.
  2. National Tax Number (NTN): A valid NTN issued by the Federal Board of Revenue (FBR) is mandatory.
  3. Sales Tax Registration: The business should be registered for sales tax with the relevant tax authorities.
  4. Chamber of Commerce Membership: Membership in a recognized Chamber of Commerce and Industry is required.
  5. Bank Account: A functional bank account in the company’s name is necessary for financial transactions.
  6. Compliance with Export Regulations: Adherence to the Export Policy Order 2020 and other relevant export regulations is essential.
  7. Product-specific Requirements: Certain products may require additional certifications or licenses from relevant authorities.

Step-by-Step Guide to Export Registration Application

The process of obtaining an Export Registration Certificate in Pakistan involves the following steps:

  1. Gather Required Documents: Collect all necessary documents as per TDAP requirements.
  2. Complete Application Form: Fill out the Export Registration Certificate application form accurately.
  3. Submit Application: Submit the completed form along with required documents to the nearest TDAP office.
  4. Pay Processing Fee: Pay the prescribed fee for processing the application.
  5. Application Review: TDAP officials review the submitted application and documents.
  6. Verification Process: TDAP may conduct physical verification of the business premises if required.
  7. Approval and Issuance: Upon successful review and verification, TDAP approves and issues the Export Registration Certificate.
  8. Collection of Certificate: Collect the Export Registration Certificate from the TDAP office.

Necessary Documents for Export Registration Certificate

The following documents are typically required for obtaining an Export Registration Certificate:

  • Completed Export Registration Certificate application form
  • Copy of National Identity Card of the proprietor/partners/directors
  • Copy of NTN certificate
  • Copy of Sales Tax Registration certificate
  • Chamber of Commerce and Industry membership certificate
  • Bank account maintenance certificate
  • Copy of business registration certificate (SECP or Registrar of Firms)
  • Lease agreement or ownership documents of business premises
  • Photographs of business premises (interior and exterior)
  • Affidavit on stamp paper declaring compliance with export regulations

Expected Timeline for Export Registration Completion

The timeline for completing the export registration process in Pakistan can vary depending on various factors. Generally, the process takes approximately 15 to 30 working days from the date of application submission. This timeline includes:

  1. Application Processing: 5-7 working days
  2. Document Verification: 3-5 working days
  3. Physical Verification (if required): 2-3 working days
  4. Final Approval and Certificate Issuance: 5-7 working days

However, delays may occur if there are discrepancies in the submitted documents or if additional information is required. Applicants should follow up regularly with TDAP to track the progress of their application.

Cost Analysis of Export Registration Process

The cost of obtaining an Export Registration Certificate in Pakistan includes both government fees and potential additional expenses:

  1. Government Fees: The official fee for Export Registration Certificate application is PKR 5,000.
  2. Document Preparation: Costs associated with obtaining and notarizing required documents may vary.
  3. Chamber of Commerce Membership: Annual membership fee for the relevant Chamber of Commerce and Industry.
  4. Bank Charges: Fees for obtaining bank account maintenance certificate.
  5. Legal Consultation: Optional costs for seeking legal advice or assistance in the application process.
  6. Travel Expenses: Costs incurred for visiting TDAP offices or for physical verification purposes.
  7. Renewal Fees: Annual renewal fee of PKR 2,000 for maintaining the Export Registration Certificate.

Businesses should budget for these expenses when planning their export registration process.

Government Fees for Export Registration Certificate

The government fees for obtaining and maintaining an Export Registration Certificate in Pakistan are as follows:

  1. Initial Application Fee: PKR 5,000
  2. Annual Renewal Fee: PKR 2,000
  3. Duplicate Certificate Fee: PKR 1,000 (in case of loss or damage)
  4. Amendment Fee: PKR 1,000 (for changes in company details)

These fees are subject to change, and applicants should verify the current fee structure with TDAP at the time of application.

Comprehensive Checklist for Export Registration Process

To streamline the export registration process, businesses should follow this comprehensive checklist:

  1. Confirm business registration with SECP or Registrar of Firms
  2. Obtain National Tax Number (NTN) from FBR
  3. Register for Sales Tax with relevant authorities
  4. Acquire membership of a recognized Chamber of Commerce and Industry
  5. Open a business bank account
  6. Prepare all required documents for application
  7. Complete the Export Registration Certificate application form
  8. Pay the application fee
  9. Submit the application and documents to TDAP
  10. Follow up on application status regularly
  11. Prepare for physical verification (if required)
  12. Collect the Export Registration Certificate upon approval
  13. Plan for annual renewals and compliance requirements

Relevant Laws Governing Exports in Pakistan

Several laws and regulations govern the export process in Pakistan:

  1. Imports and Exports (Control) Act, 1950: Provides the legal framework for regulating imports and exports.
  2. Export Policy Order 2020: Outlines the current export policies and procedures.
  3. Customs Act, 1969: Regulates the movement of goods across borders and collection of customs duties.
  4. Foreign Exchange Regulation Act, 1947: Governs foreign exchange transactions related to exports.
  5. State Bank of Pakistan Act, 1956: Provides guidelines for financial aspects of international trade.
  6. Sales Tax Act, 1990: Addresses taxation issues related to exports.
  7. Companies Act, 2017: Regulates the formation and operation of companies engaged in export activities.
  8. Trade Organizations Act, 2013: Governs the establishment and functioning of trade organizations.

Exporters must comply with these laws and any product-specific regulations to conduct legal export operations from Pakistan.

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Key Authorities Involved in Export Registration

Several government bodies play crucial roles in the export registration process:

  1. Trade Development Authority of Pakistan (TDAP): The primary authority responsible for issuing Export Registration Certificates.
  2. Ministry of Commerce: Oversees trade policies and regulations, including those related to exports.
  3. Federal Board of Revenue (FBR): Handles tax-related matters and issues National Tax Numbers.
  4. Securities and Exchange Commission of Pakistan (SECP): Responsible for company registrations.
  5. State Bank of Pakistan: Regulates foreign exchange transactions and provides guidelines for export proceeds.
  6. Pakistan Customs: Manages the physical movement of export goods and related documentation.
  7. Chambers of Commerce and Industry: Provide necessary memberships and support to exporters.
  8. Product-specific Regulatory Bodies: Depending on the nature of exports, other authorities may be involved (e.g., Pakistan Standards and Quality Control Authority for certain goods).

Professional Services for Export Registration Assistance

Businesses seeking assistance with the export registration process can avail themselves of various professional services:

  1. Legal Consultants: Provide guidance on export laws and regulations.
  2. Tax Advisors: Assist with tax compliance and documentation.
  3. Trade Consultants: Offer expertise in export procedures and market analysis.
  4. Documentation Services: Help prepare and organize required documents.
  5. Chamber of Commerce Services: Provide support and information to members.
  6. Export Promotion Agencies: Offer guidance on export opportunities and procedures.
  7. Customs Agents: Assist with customs-related procedures and documentation.
  8. Financial Advisors: Provide advice on financial aspects of export operations.

These professionals can help streamline the registration process and ensure compliance with all requirements.

Post-Registration Compliance for Registered Exporters

After obtaining the Export Registration Certificate, exporters must adhere to several compliance requirements:

  1. Annual Renewal: Renew the Export Registration Certificate annually by paying the prescribed fee.
  2. Record Keeping: Maintain accurate records of all export transactions.
  3. Tax Compliance: File regular tax returns and comply with tax regulations.
  4. Foreign Exchange Regulations: Adhere to State Bank of Pakistan’s guidelines on foreign exchange.
  5. Product Standards: Ensure exported products meet international quality standards.
  6. Customs Procedures: Comply with customs regulations for each export shipment.
  7. Reporting: Submit periodic reports to relevant authorities as required.
  8. License Updates: Obtain and renew any product-specific export licenses.
  9. Trade Agreement Compliance: Adhere to requirements of relevant trade agreements.
  10. Environmental and Social Compliance: Meet international standards for environmental and social responsibility.

Advantages of Obtaining Export Registration Certificate

Obtaining an Export Registration Certificate offers several benefits to businesses:

  1. Legal Recognition: Official recognition as a registered exporter in Pakistan.
  2. Access to Export Markets: Ability to engage in international trade legally.
  3. Government Support: Eligibility for various export promotion schemes and incentives.
  4. Credibility: Enhanced credibility with international buyers and partners.
  5. Banking Facilities: Easier access to export financing and banking services.
  6. Customs Facilitation: Streamlined customs procedures for registered exporters.
  7. Tax Benefits: Potential tax incentives and rebates for export activities.
  8. Market Information: Access to market intelligence and trade information from TDAP.
  9. Participation in Trade Fairs: Opportunities to participate in international trade fairs and exhibitions.
  10. Networking: Access to exporter networks and business development opportunities.

Common Obstacles in Export Registration Process

Exporters may face several challenges during the registration process:

  1. Documentation Complexity: Gathering and preparing all required documents accurately.
  2. Regulatory Changes: Keeping up with frequent changes in export regulations.
  3. Processing Delays: Unexpected delays in application processing or verification.
  4. Physical Verification: Preparing for and managing the physical verification process.
  5. Product-Specific Requirements: Meeting additional requirements for certain product categories.
  6. Compliance Issues: Addressing any compliance issues identified during the application process.
  7. Fee Structure: Understanding and budgeting for various fees involved.
  8. Language Barriers: Navigating English-language documentation requirements.
  9. Technological Challenges: Adapting to online application systems, if implemented.
  10. Coordination with Multiple Authorities: Managing interactions with various government bodies.

Future Trends in Export Regulations

The export registration process in Pakistan is likely to evolve with the following trends:

  1. Digitalization: Increased adoption of online application and processing systems.
  2. Simplified Procedures: Efforts to streamline and simplify export registration processes.
  3. Enhanced Compliance Measures: Stricter compliance requirements to meet international standards.
  4. Integration with International Systems: Alignment with global trade facilitation initiatives.
  5. Focus on SMEs: Tailored processes to support small and medium-sized exporters.
  6. Sector-Specific Regulations: Development of more specialized regulations for different export sectors.
  7. Environmental Considerations: Increased focus on environmental compliance in export regulations.
  8. Trade Agreement Alignments: Adjustments to registration processes in line with new trade agreements.
  9. Blockchain Integration: Potential use of blockchain technology for secure and transparent registration.
  10. Capacity Building: Enhanced training and support programs for new exporters.

FAQs:

  1. Who needs to obtain an export registration certificate? Any business entity intending to export goods from Pakistan must obtain an Export Registration Certificate.
  2. How long is an export registration certificate valid? The Export Registration Certificate is valid for one year and must be renewed annually.
  3. Can foreigners apply for export registration in Pakistan? Yes, foreign-owned companies registered in Pakistan can apply for export registration.
  4. What happens if I export without proper registration? Exporting without proper registration is illegal and can result in penalties, fines, and legal action.
  5. Can I transfer my export registration to another company? No, Export Registration Certificates are non-transferable and specific to the registered company.
  6. Is export registration the same as an export license? No, export registration is a general requirement, while export licenses may be required for specific products.
  7. How often do I need to renew my export registration? Export Registration Certificates must be renewed annually by paying the prescribed renewal fee.
  8. Can I apply for export registration online in Pakistan? Currently, the process is primarily offline, but online systems may be implemented in the future.
  9. Are there different types of export registrations available? The basic Export Registration Certificate is standard, but additional licenses may be required for specific products.
  10. What if my export products change after registration? You should inform TDAP of any significant changes in your export products and may need to update your registration.

Resources: Right Law Associates, Journal of Pakistani Law, Law Section of Tribune

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