TMI BlogGENERAL PROVISIONS REGARDING IMPORTS AND EXPORTSX X X X Extracts X X X X X X X X Extracts X X X X ..... Democratic People's Republic of 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-men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... morals. ii Protection of human, animal or plant life or health. iii Protection of patents, trademarks and copyrights and the prevention of deceptive practices. Iv Prevention of use of 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uctions or schemes, shall not apply. Actual User Condition 2.16 Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and other goods, which are importable without any restriction, may be imported by any person. However, if such imports require an Authorisation, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Authorisation issued subsequently. Execution of BG / LUT 2.27 Wherever any duty free import is allowed or where otherwise specifically stated, importer shall execute prescribed LUT / BG /Bond with Customs Authority before clearance of goods. In case of indigenous sourcing, Authorisation holder shall furnish LUT / BG / Bond to RA concerned before sourcing material from indigenous supplier / nominated agency as prescribed in HBP v1. 2.27.1 Deleted. Private / 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 sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly exportable without any conditionality / requirement of Licence / permission, as may be required under ITC (HS) Schedule II. 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 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hip 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. 2.45 Deleted Trade Facilitation through EDI Initiatives 2.45.1 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 2.45.2 To enable users to make commercial decisions in a more professional manner, DGCI S trade data shall be made a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g time schedules for 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. 2.49.3 Deleted 2.50 Deleted. ********************* Notes : 1. Has been added vide Notification No. 30/(RE-2008)/2004-09 Dated 13/08/2008 Further Substituted vide Notification No. 65 (RE-2008)/2004-2009, dated 01/12/2008, before it was read as:- The import of rough diamond(HS Code 7102.10, 7102.21 and 7102.31) from Venezuela shall be prohibited in view of voluntary separation of Venezuela from the Kimberley Process Certification Scheme(KPCS) and to cease certification for export of its diamonds. - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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