TMI BlogGENERAL PROVISIONS REGARDING IMPORTS AND EXPORTSX X X X Extracts X X X X X X X X Extracts X X X X ..... nt, goods and technology including as set out in lists in documents S/2006/814, S/2006/815 (including S/2009/205), S/2009/364 and S/2006/853 (United Nations Security Council Documents) INFCIRC/254/Rev.9/Part1a and INFCIRC/254/Rev.7/Part 2a (IAEA documents) which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes. 1 [ 2.1.3 Direct or indirect export and import of all items, materials, equipment, goods and technology which could contribute to Iran s enrichment related, reprocessing or heavy water related activities, or to development of nuclear weapon delivery systems, including those mentioned below, whether or not originating in Iran, to/from Iran is prohibited: (i) items listed in INFCIRC/254/Rev.9/Part 1 and INFCIRC/254/Rev.7/Part 2 (IAEA Documents) (ii) items listed in S/2010/263 (UN Security Council Document) All the UN Security Council Resolutions/Documents and IAEA Documents referred to above are available on the UN Security Council website (www.un.org/Docs/sc) and IAEA website ( www.iaea.org). ] Compliance with Laws 2.2 Every exporter or importer shall comply with the provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v Protection of national treasures of artistic, historic or archaeological value. vi Conservation of exhaustible natural resources. vii Protection of trade of fissionable material or material from which they are derived; and viii Prevention of traffic in arms, ammunition and implements of war. Restricted Goods 2.7 Any goods, export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with an Authorisation or in terms of a public notice issued in this regard. Terms and Conditions of a licence / Certificate / Permission / Authorisation 2.8 Every Authorisation shall be valid for prescribed period of validity and shall contain such terms and conditions as may be specified by RA which may include: (a) Quantity, description and value of goods; (b) Actual User condition; (c) Export obligation; (d) Value addition to be achieved; and (e) Minimum export / import price. Authorisation / Licence / Certificate / Permission not a Right 2.9 No person may claim an Authorization as a right and DGFT or RA shall have power to refuse to grant or renew the same in accordance with provisions of FT (D R) Act, Rules made there under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actual user alone may import such goods unless actual user condition is specifically dispensed with by RA. Second Hand Goods 2.17 All second hand goods, except second hand capital goods, shall be restricted for imports and may be imported only in accordance with provisions of FTP, ITC (HS), HBP v1, Public Notice or an Authorisation issued in this regard. Import of second hand capital goods, including refurbished / re-conditioned spares shall be allowed freely. However, second hand personal computers / laptops, photocopier machines, air conditioners, diesel generating sets will only be allowed against a licence. Import of re-manufactured goods shall be allowed only against a licence. Scrap/Waste in SEZ 2.17A Any waste or scrap or remnant including any form of metallic waste scrap generated during manufacturing or processing activities of an SEZ Unit/ Developer/Co-developer shall be allowed to be disposed in DTA freely subject to payment of applicable Customs Duty. Import of samples 2.18 Import of samples shall be governed by HBP v1. Import of Gifts 2.19 Import of gifts shall be permitted where such goods are otherwise freely importable under FTP. In oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivate / Public Bonded Warehouses for Imports 2.28 Private / Public bonded warehouses may be set up in DTA as per terms and conditions of notification issued by DoR. Any person may import goods except prohibited items, arms and ammunition, hazardous waste and chemicals and warehouse them in such bonded warehouses. Such goods may be cleared for home consumption in accordance with provisions of FTP and against Authorisation, wherever required. Customs duty as applicable shall be paid at the time of clearance of such goods. If such goods are not cleared for home consumption within a period of one year or such extended period as the custom authorities may permit, importer of such goods shall re-export the goods. Free Exports 2.29 All goods may be exported without any restriction except to the extent that such exports are regulated by ITC (HS) or any other provision of FTP or any other law for the time being in force. DGFT may, however, specify through a public notice such terms and conditions according to which any goods, not included in ITC (HS), may be exported without an Authorisation. Export of Samples 2.30 Export of samples and Free of charge goods shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall not be allowed for import under Private Bonded warehouse. Export of Replacement Goods 2.37 Goods or parts thereof on being exported and found defective / damaged or otherwise unfit for use may be replaced free of charge by the exporter and such goods shall be allowed clearance by Customs authorities, provided that replacement goods are not mentioned as restricted items for exports in ITC (HS). Export of Repaired Goods 2.38 Goods or parts, except restricted under ITC (HS) thereof, on being exported and found defective, damaged or otherwise unfit for use may be imported for repair and subsequent reexport. Such goods shall be allowed clearance without an Authorisation and in accordance with customs notification. Private Bonded Warehouses for Exports 2.39 Private bonded warehouses exclusively for exports may be set up in DTA as per terms and conditions of notifications issued by DoR. Such warehouses shall be entitled to procure goods from domestic manufacturers without payment of duty. Supplies made by a domestic supplier to such notified warehouses shall be treated as physical exports provided payments are made in free foreign exchange. Denomination of Expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l is responsible for promotion of a particular group of products, projects and services as given in HBP-v1. Registration-cum- Membership Certificate (RCMC) 2.44 Any person, applying for: (i) an Authorisation to import / export, [except items listed as restricted items in ITC(HS)] or (ii) any other benefit or concession under FTP shall be required to furnish RCMC granted by competent authority in accordance with procedure specified in HBP-v1 unless specifically exempted under FTP. Certificate of Registration as Exporter of Spices (CRES) issued by Spices Board shall be treated as Registration-Cum- Membership Certificate (RCMC) for the purposes under this Policy. Trade Facilitation through EDI Initiatives 2.45 It is endeavor of Government to work towards greater simplification, standardization and harmonization of trade documents using international best practices. As a step in this direction, DGFT shall move towards an automated environment for electronic filing, retrieval and authentication of documents based on agreed protocols and message exchange with other community partners including Customs and Banks. DGCI S Commercial Trade Data 2.45.1 To enable user ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... providing services to clients, and details of grievance committees at different levels. Grievance Redressal Committee (GRC) 2.49.2 In order to facilitate speedy redressal of grievances of trade and industry, a new grievance redressal mechanism has been put in place in the form of GRC by a Government Resolution. The Government is committed to resolving all outstanding problems and disputes pertaining to past policy periods through GRC set up on 27.10.2004, for condoning delays, regularizing breaches by exporters in bonafide cases, resolving disputes over entitlements, granting extensions for utilization of Authorisations. Export of perishable agricultural products 2.50 To reduce transaction and handling costs, a single window system to facilitate export of perishable agricultural produce has been introduced. The system will involve creation of multi-functional nodal agencies to be accredited by Agricultural and Processed Food Products Export Development Authority (APEDA), New Delhi. The detailed procedures have been notified at Appendix 40 to HBP v1. --------------------------------------------- Notes:- 1. Substituted vide Notification No. 42 (R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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