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GUIDELINES FOR SETTLEMENT OF TRADE DISPUTES AND COMPLAINTS

APPENDIX 16 - Appendix - DGFT - APPENDIX 16 - APPENDIX 16 Exporters should project a good image of the Country abroad to promote exports. With this objective in mind, an enduring relationship with foreign buyers is of the utmost importance, and trade disputes, whenever they arise, should be settled as soon as possible. The majority of complaints from foreign buyers are with regard to quality. Other complaints are usually for unethical commercial dealings on the part of Indian exporters and can b .....

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or General of Foreign Trade against erring exporters can be taken under the existing Rules & Regulations depending on the offence as follows:- Non-payment of commission, supply of sub-standard goods, non-adherence of delivery schedules, indulgence in unethical commercial dealings, amount to breach of contract for which action can be taken under clause 7 of the Export (Control) Order, by which the Central Government or Director General of Foreign Trade or an authorised officer may debar an ex .....

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rt, where the Director General of Foreign Trade has inter-alia reason to believe (a) that the exporter has committed an economic offence as specified by the Government or (b) that any person has made an export/import in a manner gravely prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of the country. (ii) Section 9(4) empowers the Director General of Foreign .....

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g thereto. (iii) Section 11(2) of the Act provides for imposition of fiscal penalty in cases where a person makes or abets or attempts to make any import or export in contravention of any provisions of the Act, any Rules or Orders made thereunder or the Export-Import Policy. Rule 11 of the Foreign Trade (Regulation) Rules 1993 requires an exporter to state in the shipping bills or any other documents prescribed under the Customs Act, 1962, the value, quality and description of export goods to th .....

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rejudicial to (1) trade relations of India with any foreign country; (2) to the interests of other persons engaged in exports or imports and (3) has brought disrepute to the credit or the goods of the country. (V) The Director General of Foreign Trade has powers under para 2.69 of chapter 2 of the Hand Book of Procedures 2009-14 formulated in exercise of powers conferred under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992, to direct any Registering Authority to register .....

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air, corrupt or fraudulent practice. Adequate Opportunity is to be provided to the exporter to explain his stand before resorting to penal action by way of issuance of Show Cause Notice, personal hearing etc., as per rules. B. Certain export products have been notified for Compulsory Quality Control & Pre-shipment Inspection prior to their export. Penal action can be taken under the Export (Quality Control & Inspection) Act, 1963 as amended in 1984, against exporters who do not conform t .....

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en decided by the Ministry of Commerce that in order to develop our export on a sustained and enduring basis and at the same time improve the image of our exports in international market, it is essential that such complaints are checked, sorted out and resolved quickly and amicably before taking recourse to penal action. At the same time ways and means should be found to reduce complaints/disputes to the minimum. ORGANISATIONS RECEIVING COMPLAINTS Information regarding trade complaints and dispu .....

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items exported to USA, detentions published by USFDA and sent to the Government of India. FORMAT FOR LODGING COMPLAINTS To initiate prompt and effective steps for redressing the grievance of overseas complainants and to avoid unnecessary correspondence, detailed information regarding the complaint should be furnished by the complainants in the first instance itself. This will not only help the investigation but will also minimise the time in examination of the complaint and in turn it's set .....

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ose of dealing with trade disputes and complaints. It is imperative, therefore, that all information concerning a articular trade dispute or complaint is received by the 'Nodal Officer' so as to arrange for its just and amicable settlement within a specified period. Different Authorities including Missions are dealing with or referring the trade disputes and complaints to different agencies in Government of India. No uniform procedure is being followed which makes their monitoring diffic .....

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ons in the Ministry of Commerce. In many cases, such issues are referred to different agencies/Ministries in the Government of India without keeping the concerned Territorial Division in the Ministry of Commerce informed of the same and this affects the coordinating work of the Territorial Division in the Ministry of Commerce, who are expected to function as the nodal point for all matters relating to international trade relations with respect to their territory. MECHANISM FOR RESOLVING DISPUTES .....

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stered exporters; and (iii) Complaints other than those at (I) & (ii) above. For complaints involving quality as well as other commercial considerations i.e. mixed complaints, the factor chiefly responsible for the complaint would form the basis for determining the authority to whom the complaint is to be referred for investigation and disposal. QUALITY COMPLAINTS I. A."Standing Committee" under the chairmanship of the Additional Secretary/Chief Controller of Imports and Exports, M .....

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nvestigation and further action. In May, 1981, 'Regional Committees' at Mumbai, Calcutta, Kochi, Delhi and Chennai were setup. Five more regional Committees have also now been set up to augment and to investigate quality complaints at Ahmedabad, Bangalore, Kanpur, Ludhiana and Hyderabad and who will examine quality complaints pertaining to their region and initiate prompt and effective steps to redress the grievances of the overseas buyers. These Committees will also be responsible to su .....

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cer-in-charge of Export Promotion attached to the office of Jt.DGFT -Member 7. Export Promotion Council/Commodity Board/Trade Association -Invitees 8. Export Inspection Agency-Member -Secretary. The 'Regional Committees' will examine, consider and decide quality complaints in accordance with the guidelines for the purpose, II. The 'Nodal Officer' or the Trade Disputes Cell in the office of Director General of Foreign Trade New Delhi will forward one copy of the complaint received .....

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Boards for settlement of the trade disputes. IV. If the disputes are settled to the satisfaction of foreign buyers through conciliations and/or if the 'Regional Committee' after considering the facts of the case, decides that there is no fault on the part of the Indian Exporter/Manufacturer and/or that the complaint is not genuine, the case will be treated as closed. A report will be sent to the 'Nodal Officer' or the Trade disputes Cell, office of Director General of Foreign Tra .....

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Territorial Division in Ministry of Commerce along with their recommendation/report for further necessary action as per policy including in appropriate cases, legal action. Deliberate malpractices on the part of the exporter shall be dealt with under the penal and adjudication provisions of the Export (Quality Control & Inspection) Act, 1963 as amended in 1984, erstwhile Import and Export (Control) Act, Export (Control) Act, 1992 and such other laws as may be found appropriate. VI. The ' .....

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VIII. As mere settlement of the complaints and dispute would not be enough, the quality complaints and disputes would also be examined by the Export Inspection Agency (Which is under the administrative and technical control of the Export Inspection Council of India, Ministry of Commerce) as a Member-Secretary of the 'Regional Committee" from technical point of view, to assess whether there had been any technical failure for which a complaint had been received. Such technical failure ma .....

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tutes to upgrade the quality and thereby image of country's export. A report in this regard would be sent to the 'Nodal Officer' in the office of the Director General of Foreign Trade and also to the concerned Division of Ministry of Commerce. IX. The 'Regional Committee' will also send a consolidated quarterly report in respect of all cases referred to it with details of action taken to the Trade Disputes Cell in the office of Director General of Foreign Trade. COMPLAINTS OT .....

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y of Commerce for information. (ii) The Export Promotion Council/Commodity Board (Registering Authority) would arrange to get these considered and examined through a 'complaint Panel/Committee' specially constituted for this purpose. (iii) The 'Complaint Panel/Committee' would investigate and make efforts to settle the complaint amicable within three months from the date of receipt of the complaint from the office of the 'Nodal Officer' viz. Trade Disputes Cell. (iv) The .....

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r' with a copy to the concerned Territorial Division in the Ministry of Commerce. (vi) In cases when the 'Complaint Panel/Committee' fails to resolve a dispute amicably and conciliation does not take place and the Panel/committee feels that the fault lies with the Indian Exporter who is not cooperating, on its recommendation, Councils/Commodity Boards will take action to de-register such exporter after issue of show cause notice and a hearing. The 'Nodal Officer' will be info .....

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o arbitration clause or firms do not want arbitration and the sum involved is not significant and even on the recommendation of the Complaint Panel/Committee of/export promotion council/Commodity board, it has not been possible to resolve the mater or to take any action against the erring exporter, such cases will be reported to the 'Nodal Officer' for taking further necessary action as recommended by the "Complaint Panel/Committee etc. (ix) The 'Nodal Officer' will consider .....

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report in respect of all cases referred to them with details of action taken to the Trade Disputes Cell in the office of Director General of Foreign Trade. OTHER COMPLAINTS (i) The 'Nodal Officer' will have these cases examined and dealt with in the trade disputes cell in the office of Director General of Foreign Trade. Initially efforts will be made to arrange for settlement of the complaint amicably, failing which action will be taken against the erring firms in terms of the Foreign T .....

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months of the receipt of the complaint. (iii) These complaints shall be analysed to ascertain their cause and evolve remedial measures by way of reference to the concerned authority to avoid recurrence of such complaints in future. The Secretariat of the 'Nodal Officer' viz the Trade Disputes Cell in the office of the Director General of Foreign Trade shall also maintain a data base of importers lodging complaints against Indian exporters, as well as, data base of such exporters against .....

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to international trade of their territory, it shall be the 'Nodal Officer' in the office of Director General of Foreign Trade, Udyog Bhavan, New Delhi who would be following up on these complaints for their redressal and remedial measures. The complaints of Indian exporters/importers against their importers/exporters abroad received in the office of the 'Nodal Officer' in the office of Director General of Foreign Trade will be referred to the concerned Missions abroad for arrangi .....

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General of Foreign Trade, Udyog Bhavan, New Delhi. ANNEXURE-I PROFORMA FOR INVESTIGATION OF QUALITY COMPLAINTS (To be filled in by the complainants) 1. Complaint lodged by (Name & full Address) 2. Against whom (Name & full Address) 3. Whether the supplier is a merchant exporter or a manufacturer exporter 4. Particulars of complaint (Attach separate sheets if required) 5. Total quantity & value of consignment (Please furnish copy of shipping invoices) 6. Quantity & amount of clai .....

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sed. 14. Whether exporter forwarded copy of inspection certificate(Please furnish copy) 15. A) Whether any independent survey of the goods was done(Please furnish copy of every report) b) Whether survey was carried out with or without the consent of supplier? 16. Whether quality defects were also covered by insurance(for perishable goods) 17. Whether imports were effected from this supplier/exporter in the past? 18. Any complaints on past supplies & its mode of settlement. 19. Whether furthe .....

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