Amendement of Para 2.43.2 of the Handbook of Procedures, vol. I, 2009-14, regarding Transfer of Imported Firearms. - DGFT - 82 /2009-2014 (RE-2010)

To be published in the Gazette of India Extraordinary (Part-I, Section-1) Government of India Ministry of Commerce Industry Department of Commerce Directorate General of Foreign Trade Udyog Bhawan, New Delhi -110 011 Public Notice No. 82 /2009-2014 (RE-2010) Dated 17 th October 2011 Subject : Amendment of Para 2.43.2 of the Handbook of Procedures, Vol. I, 2009-2014, regarding Transfer of Imported Firearms. In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14 , Para 2.43.2 of the Handbook of Procedures, Vol. I, 2009-2014 is replaced as under: 2.43.2 (i) Prior Permission of RA shall not be required for transfer or disposal of imported goods after a period of two years from the date of import. (ii) Transfer of Imported Firearms will not require permission from DGFT (a) after 10 years of import or (b) on attaining the age of 60 years by such importer. (iii) Prior Permission of DGFT shall also not be required for transfer of imported weapons (firearms) by the Renowned Shooters* after 5 years from date of import. In respect of those shooters categorised as Renowned Shooter for at least 3 consecutive years, no permission would be required from DGFT after 3 years from date of import. *Renowned Shooter is defined in Import Licensing Note (3) of Chapter 93, ITC (HS) Classifications of Export and Import Items, Schedule I Import Policy. Effect of Public Notice Procedure for sale or transfer of imported firearms is simplified and prior permission from DGFT is dispensed with in respect of some categories. Sd/- (Anup K. Pujari) Director General of Foreign Trade E-mail: dgft@nic.in (F.No.01/93/180/34/AM-09/PC-2(B)) The draft PN has been modified slightly. The words whichever is later makes no sense. Suppose the importer is 25 years old and has imported a firearm in 2011. The 10 year period gets over in 2021. However the age of 60 would be reached only in 2071. Whichever is later would imply that the sale/transfer can be affected only in or after year 2071. Thus only one condition could have sufficed if the intention was to allow transfer only when age of sixty is reached. In case the intention is to prevent transfer for 10 years then one the 10 years condition would suffice. Two conditions would mean that transfer could be earlier than 10 years also. Thus, whichever is later is actually confusing and therefore I have re-drafted this portion PN as under: However, in case of transfer of imported firearms by the importer / authorisation holder, prior permission from Directorate General of Foreign Trade is not required if the same are being sold/transferred only after 10 years of import. This condition of 10 years is relaxed if importer attains sixty years of age. Secondly, Shooters category is being amended to indicate that permission of DGFT is not required by them. Draft PN ( Flag B ) for approval Please. A K Singh Joint DGFT 16.9.2011 Additional DGFT (DKS)