TMI BlogGENERAL PROVISIONS REGARDING IMPORTS AND EXPORTSX X X X Extracts X X X X X X X X Extracts X X X X ..... aterial to Government of Iraq shall be permitted subject to No Objection Certificate from the Department of Defence Production] 2.1.2 3 [ Prohibition on Direct or Indirect Import and Export from /to Democratic People s Republic of Korea Direct or indirect export and import of following items, whether or not originating in Democratic People s Republic of Korea (DPRK), to / from, DPRK is Prohibited : i. All items, materials, equipment, goods and technology including as set out in lists in documents INFCIRC/254/Rev.11/Part 1 and INFCIRC/254/ Rev.8/Part 2 (IAEA documents), S/2012/947, S/2009/364 and S/2006/853 (UN Security Council documents) and Annex III to UN Security Council resolution 2094 (2013) which could contribute to DPRK s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes; ii. Luxury goods, including but not limited to the items specified in Annex IV to UN Security Council resolution 2094 (2013).] 2.1.3 Prohibition on Direct or Indirect Import and Export from / to Iran (a) Direct or indirect export and import of all items, materials, equipment, goods and technology which could contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impose such conditions as he may deem fit. Such request may be considered only after consulting committees as under: Sl. No. Description Committee (a) Fixation / modification of product norms under all schemes Norms Committee (b) Nexus with Capital Goods (CG) and benefits under EPCG Schemes EPCG Committee. (c) All other issues Policy Relaxation Committee (PRC) 2.6 Principles of Restriction DGFT may, through a notification, adopt and enforce any measure necessary for: - (a) Protection of public morals; (b) Protection of human, animal or plant life or health; (c) Protection of patents, trademarks and copyrights, and the prevention of deceptive practices; (d) Prevention of use of prison labour; (e) Protection of national treasures of artistic, historic or archaeological value; (f) Conservation of exhaustible natural resources; (g) Protection of trade of fissionable material or material from which they are derive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Exempt Categories and Permanent IEC numbers are given in Para 2.8 of HBP v1. 2.13 Trade with Neighbouring Countries DGFT may issue instructions or frame schemes as may be required to promote trade and strengthen economic ties with neighbouring countries. 2.14 Transit Facility Transit of goods through India from / or to countries adjacent to India shall be regulated in accordance with bilateral treaties between India and those countries and will be subject to such restrictions as may be specified by DGFT in accordance with International Conventions. 2.15 Trade with Russia under Debt-Repayment Agreement In case of trade with Russia under Debt Repayment Agreement, DGFT may issue instructions or frame schemes as may be required, and anything contained in FTP, in so far as it is inconsistent with such instructions or schemes, shall not apply. 2.16 Actual User Condition Goods which are importable freely without any Restriction may be imported by any person. However, if such imports require an Authorisation, actual user alone may import such good(s) unless actual user condition is specifically dispensed with by DGFT. 2.17 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.21 Import on Export Basis Freely exportable new or second hand capital goods, equipments, components, parts and accessories, containers meant for packing of goods for exports, jigs, fixtures, dies and moulds may be imported for export without an Authorisation on execution of LUT / BG with Customs Authorities. 2.22 Re-import of goods repaired abroad Capital goods, equipments, components, parts and accessories, whether imported or indigenous, except those restricted under ITC (HS) may be sent abroad for repairs, testing, quality improvement or upgradation or standardization of technology and re-imported without an Authorisation. 2.23 Import of goods used in projects abroad Project contractors after completion of projects abroad, may import without an Authorisation, goods including capital goods used in the project, provided they have been used for at least one year. 2.24 Sale on High Seas Sale of goods on high seas for import into India may be made subject to FTP or any other law in force. 2.25 Import under Lease Financing No specific permission of RA is required for lease financed capital goods. 2.26 Clearanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consumption. (b) Samples of such items that are otherwise freely exportable under FTP may also be exported as part of passenger baggage without an Authorisation. 2.32 Export of Gifts Goods, including edible items, of value not exceeding ₹ 500000/- in a licensing year, may be exported as a gift. However, items mentioned as restricted for exports in ITC (HS) shall not be exported as a gift, without an Authorisation. 2.33 Export of Spares Warranty spares (whether indigenous or imported) of plant, equipment, machinery, automobiles or any other goods, (except those restricted under ITC (HS)) may be exported along with main equipment or subsequently but within contracted warranty period of such goods subject to approval of RBI. 2.34 Third Party Exports Third party exports, as defined in Chapter 9 shall be allowed under FTP. 2.35 Export of Imported Goods (a) Goods imported, in accordance with FTP, may be exported in same or substantially the same form without an Authorisation provided that item to be imported or exported is not restricted for import or export in ITC (HS). (b) 8 [(i) Exports of such goods imported against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rwise 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. 5 [However, re-export of such defective parts/spares by the Companies/firms and Original Equipment Manufacturers shall not be mandatory if they are imported exclusively for undertaking root cause analysis, testing and evaluation purpose.] 2.39 Private Bonded Warehouses for Exports (a) Private bonded warehouses exclusively for exports may be set up in DTA as per terms and conditions of notifications issued by DoR. (b) 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. 2.40 Denomination of Export Contracts (a) All export contracts and invoices shall be denominated either in freely convertible currency or Indian rupees but export proceeds shall be realized in freely convertible currency. (b) However, export proceeds against specific exports may also be realized in rupe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a) An Authorisation to import / export, (except items) listed as Restricted items in ITC (HS) or (b) 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 Trade Facilitation through EDI Initiatives A secure EDI Message Exchange system for various documents i.e. Authorisations, Shipping Bills, IEC, Application Fee, RCMCs has been established with trade partners i.e. Customs, Banks and Export Promotion Councils. These documents are no longer required to be physically filed with DGFT or transmitted physically to the concerned partners. Therefore, it has reduced the transaction cost for the exporters. It is the endeavour of DGFT to enlarge the scope and domain of EDI exchange continuously. 2.45.1 DGCI S Commercial Trade Data DGCI S has put in place a Data Suppression Policy. Transaction level data would not be made publically avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Citizen s Charter DGFT has in place a Citizen s Charter, giving time schedules for providing services to clients, and details of grievance committees at different levels. 2.49.2 2 [Personal Hearing by DGFT a) Paragraph 2.5 of FTP contains the provision for relaxation of Policy and Procedures on grounds of genuine hardship and adverse impact on trade. DGFT may consider such request after consulting respective Norms Committee, EPCG Committee and Policy Relaxation Committee (PRC). b) As a last resort to redress grievances of Importers/Exporters, DGFT may provide an opportunity for Personal Hearing (PH). For such PH, a specific request has to be made to DG if following conditions are satisfied: i. If an importer/exporter is aggrieved by any decision taken by Policy Relaxation Committee (PRC), or a decision/order by any authority in the Directorate General of Foreign Trade, and ii. a request for review before the said Committee or Authority has been filed, iii. such Committee or Authority has considered the request for a review, and iv. the exporter/ importer continues to be aggrieved. c) The decision conveyed in pursuance to the personal h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditional documents for purposes of export or import. (d) In specific cases of export or import, the regulatory authority concerned may electronically or in writing seek additional documents or information, as deemed necessary to ensure legal compliance.] ------------------------------ Notes :- 1. Substituted vide Notification No. 35 (RE-2012)/2009-2014 dated 28/02/2013 before it was read as under, Second Hand Goods For Second Hand goods, the Import Policy Regime is given as under: Import Policy Conditions, if any I. Second Hand Capital Goods Group (a) Restricted Category: (i) Personal computers / laptops (ii) Photocopier machines / Digital multifunction Print Copying Machines (iii) Air conditioners (iv) Diesel generating sets Restricted Allowed to be imported only as per provisions of FTP, ITC (HS), HBP v1, Public Notice or an Authorisation issued for import of the specified second hand item. (b) Free Category: ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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