TMI BlogThe Foreign Trade (Regulation) (Amendment) Rules, 2015.X X X X Extracts X X X X X X X X Extracts X X X X ..... thority means an authority authorised under sub-section (2) of section 9 to grant or renew a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits under these rules;'; (iii) for clause (e), the following clause shall be substituted, namely: '(e) Policy means the foreign trade policy formulated and announced by the Central Government under section 5;' (iv) existing clause (f) shall be deleted and clauses (g), (h), (i) and (j) shall be re-lettered as clauses (f), (g), (h) and (i) respectively. 3. For rule 4 of the said rules, the following rule shall be substituted, namely: (4) Application for grant of licence, certificate, scrip or any instrument bestowing financial or fiscal benefits. -- A person may make an application for the grant of a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits to import or export goods or services or technology in accordance with the provisions of the policy or an order made under sections 5 and 3 of the Act respectively. 4. In rule 5 of the said rules, -- (i) in sub-rule (1), for the word licence , the words licence, certificate, scrip or any in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Government in relation to exports made by him on the basis of any false, fraudulent or misleading statement or any document which is false or fabricated or tampered with. ; (iv) after sub rule (2), the following sub-rule shall be inserted, namely; (3) In case of any erroneous payment of Terminal Excise Duty, duty drawback, cash assistance benefits admissible to importer-exporter Code holder or any other similar benefits from the Central Government or any agency authorised by the Central Government in relation to exports made by him, the Director General or the licensing authority may. after giving to that person a notice in writing informing him of the details of erroneous payment for which recovery or adjustment of arrears or claims is to be made and after giving a reasonable opportunity of making a representation in writing within such time, as specified therein and, if that person so desires, of being heard, authorise: (a) recovery of benefits as arrears of land revenue; or (b) by adjustment against future claims after recording reasons in writing, provided the Adjudicating Authority is satisfied with the facts relating to erroneous payment. . 7. In rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantity, quality and description of such goods or goods connected with services or technology to the best of his knowledge and belief and in case of exportation of goods or services or technology, certify that the quality and specification of the goods or goods connected with services or technology as stated in those documents, are in accordance with the terms of the export contract entered into with the buyer or consignee in pursuance of which the goods or goods connected with services or technology are being exported and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or Shipping Bill or any other documents. 11. In rule 12 of the said rules,-- (i) after the words any goods , the words or goods connected with services or technology shall be added; (ii) after the words competent authority occurring at the end, the following words shall be added, namely:- Any person using someone else's Importer-exporter Code shall be held liable for violation of this rule and shall accordingly be liable for penalty under sub-section (2) of section 11. 12. In rule 13 of the said rules,- (i) for the heading, the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose of import or export or where any books of accounts or documents or things [including 'computer resource' as defined under the IT Act, containing information in the form of 'electronic record] which, in his opinion, shall be useful for, or relevant to any proceedings under the Act are suspected to have been kept or concealed: Provided that provisions of clause (b) shall be applicable, in case of import or export of services or technology, only when the service or technology provider is availing benefit under the foreign trade policy or is dealing with specified services or specified technologies; (c) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clauses (i) and (ii) where the keys thereof are not available; (d) search any person who has got out of, or is about to get into, or is in the premises, if the authorised officer has reason to suspect that such person has secreted about his person any such books of account or documents [including documents maintained in the form of 'electronic record' as defined under the IT Act] or things which, in his opinion, shall be useful for, or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r or the person who is in immediate possession or control of such imported goods or materials or goods or materials for export or goods or materials connected with import or export of services or technology that he shall not remove, part with or otherwise deal with such goods or materials, except with the previous permission of the authorised officer and action of the authorised officer shall be deemed to be seizure of such valuable article or thing under this clause; (b) where any goods or materials or goods or materials [including 'computer resource' as defined under the IT Act containing information in the form of 'electronic record'] connected with services or technology are seized under clause (a) and no notice in respect thereof is given within six months of the seizure of the goods or materials or goods or materials connected with services or technology, the goods or materials shall be returned to the person from whose possession they were seized: Provided that the aforesaid period of six months may, on sufficient cause being shown, be extended by the Director General for a further period not exceeding six months; (c) the authorised person may seize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as defined under the IT Act ] are true; (iii) that the signature and every other part of such document which purports to be in the handwriting of any particular person of which the Adjudicating Authority may reasonably assume to have been signed by or to be in the handwriting of any particular person, is under the person's handwriting, and in the case of a document executed or attested, it was executed or attested by the person by whom it purports to have been so executed or attested; and (iv) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence. (4) The authorised person, may, if he has reason to suspect that any conveyance or animal is being or is about to be used for the transportation of any imported goods or material or goods or materials for export or goods or material connected with services or technology which are liable to confiscation under the Act, and that by such transportation any provision of the Act has been, is being or is about to be contravened at any time, stop such conveyance or animal or in the case of aircraft compel it to land, and -- (a) rummage and search the conve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in which such goods or goods connected with services or technology are found, be liable to the confiscated by the Adjudicating Authority, and where such goods or materials or goods or materials connected with services or technology are so mixed with any other goods or materials that they cannot be readily separated, such other goods or materials shall also be liable to be so confiscated: Provided that where it is established to the satisfaction of the Adjudicating Authority that any goods or materials or goods or materials connected with services or technology which are liable to confiscation under this rule, had been imported for personal use, and not for any trade or industry, such goods or materials or goods or materials connected with services or technology shall not be ordered to be confiscated. ; (ii) in sub-rule (2), for the words goods or materials , occurring at both the places, the words goods or materials or goods connected with services or technology shall be substituted. 17. In rule 18 of the said rules;- (i) in sub-rule (1), (a) for the words goods or materials , the words goods or materials or goods or materials connected with services or tech ..... X X X X Extracts X X X X X X X X Extracts X X X X
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