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TMI BlogGENERAL PROVISIONS REGARDING IMPORTS AND EXPORTSX X X X Extracts X X X X X X X X Extracts X X X X ..... Korea (DPRK), to / from DPRK is prohibited: All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814,S/2006/815 and S/2006/ 853 (United Nations Security Council Documents) which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes. 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, as mentioned below, whether or not originating in Iran, to / from Iran is prohibited: (i) items, listed in INFCIRC/254/Rev8/Part I in document S/2006/ 814, in Sections B.2 to B.7 as well as A.I and B.I except supply, sale or transfer of equipment covered by B.I when such equipment is for light water reactors and low-enriched uranium covered by A.1.2 when it is incorporated in assembled nuclear fuel elements for such reactors; (ii) items listed in S/2006/815 except supply sale or transfer of items covered by 19.A.3 of Category II. Above-mentioned UN Security Council documents are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prison labour. 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mport 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 other cases, a Customs Clearance Permit ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 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 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 governed by provisions given in HBP v1. Export of Passenger Bagga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r use, may be imported for repair and subsequent re-export. 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 Export Contracts 2.40 All export contracts and invoices shall be denominated either in freely convertible currency or Indian rupees, but export proceeds shall be realised in freely convertible currency. However, export proceeds against specific exports may also be realized in rupees, provided it is through a freely convertible Vostro account of a non resident bank situated in any country other than a member country of ACU or Nepal or Bhutan. Additionally, rupee payment through Vostro account must be against payment in free foreign currency by buyer in his non-resident ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 2.45.2 To enable users to make commercial decisions in a more professional manner, DGCI&S trade data shall be made available with a minimum time lag, in a query based structured format, on a commercial criteria. Fiscal Incentives to promote EDI Initiatives adoption Commission 2.45.3 With a view to promote use of Information Technology, DGFT will provide fiscal incentives to user community. Deductions in Application Fee would be admissible for applications signed digitally or / and where application fee is paid electronically through EFT (Electronic Fund Transfer). Details are enumerated in HBP v1. Regularization of EO default and settlement of customs duty and interest through Settlement 2.46 With a view to providing assistance to firms who have defaulted under FTP for reasons beyond their control as also facilitating merger, acquisition and rehabili ..... X X X X Extracts X X X X X X X X Extracts X X X X
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