| Exports and Imports free unless regulated
|
2.1 |
Exports and Imports shall be free, except
where regulated by FTP or any other law in force. The item wise export
and import policy shall be, as specified in ITC (HS) notified by DGFT,
as amended from time to time.
Import of rough diamond from Cote d’Ivoire shall be prohibited in
compliance to Paragraph 6 of UN Security Council Resolution (UNSCR)
1643(2005).
The import/export of rough diamond (HS Code 710210, 710221 or 710231)
from / to Venezuela shall be prohibited in view of voluntary separation
of Venezuela from the Kimberley Process Certification Scheme (KPCS). No
Kimberley Process Certificate shall be accepted / endorsed / issued for
import and export of rough diamonds from / to
Venezuela.
|
|
2.1.1 |
Import / export of arms and related material from / to Iraq shall be
prohibited.
|
|
2.1.2 |
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:
All items, materials equipment, goods and technology including as set
out in lists in documents S/2006/814, S/2006/815 (including S/2009/205),
S/2009/364 and S/2006/853 (United Nations Security Council Documents)
INFCIRC/254/Rev.9/Part1a and INFCIRC/254/Rev.7/Part 2a (IAEA 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:
- 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;
- 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 accessible from DGFT
web site.
|
| Compliance with Laws |
2.2 |
Every exporter or importer shall comply with the provisions of FT
(D&R) Act, the Rules and Orders made thereunder, FTP and terms and
conditions of any Authorisation granted to him. All imported goods shall
also be subject to domestic Laws, Rules, Orders, Regulations, technical
specifications, environmental and safety norms as applicable to
domestically produced goods. No import or export of rough diamonds shall
be permitted unless accompanied by Kimberley Process (KP) Certificate as
specified by Gem & Jewellery EPC (GJEPC).
|
| Interpretation of Policy |
2.3 |
If any question or doubt arises in respect of interpretation of any
provision contained in FTP, or classification of
any item in ITC (HS) or HBP-v1 or HBP-v2, or Schedule of DEPB Rates
(including content, scope or issue of an authorization there under) said
question or doubt shall be referred to DGFT whose decision thereon shall
be final and binding. |
| Procedure |
2.4 |
DGFT may, specify procedure to be followed for an exporter or
importer or by any licensing or any other
competent authority for purpose of implementing provisions of FT (D&R)
Act, the Rules and the Orders
made there under and FTP. Such procedures shall be published by means of
a Public Notice, and may, in like
manner, be amended from time to time.
|
| Exemption from Policy / Procedure |
2.5 |
DGFT may pass such orders or grant such relaxation or relief, as he
may deem fit and proper, on grounds of
genuine hardship and adverse impact on trade. DGFT may, in public
interest, exempt any person or class or category of persons from any
provision of FTP or any procedure and may, while granting such
exemption, impose such conditions as he may deem fit. Such request may
be considered only after consulting committees as under:
| Sl. No. |
Description |
Committee |
| (i) |
Fixation / modification of product norms under all schemes |
Norms Committee |
| (ii) |
Nexus with Capital Goods (CG) and benefits under EPCG
Schemes |
EPCG Committee |
| (iii) |
All other issues |
Policy Relaxation Committee (PRC) |
|
| Principles of Restriction
|
2.6 |
DGFT may, through a notification, adopt and enforce any
measurenecessary for: -
i Protection of public 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.
|
|
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 under and FTP. |
| Penalty |
2.10 |
If an Authorisation holder violates any condition of such
Authorisation or fails to fulfill export obligation, he shall
be liable for action in accordance with FT (D&R) Act, the Rules and
Orders made there under, FTP and any other
law for time being in force. |
| State Trading |
2.11 |
Any goods, import or export of which is
governed through exclusive or special privileges granted to STE(s),
may be imported or exported by STE(s) as per conditions specified in ITC
(HS). DGFT may, however, grant an
Authorisation to any other person to import or export any of these
goods.
Such STE(s) shall make any such purchases or sales involving imports or
exports solely in accordance with
commercial considerations, including price, quality, availability,
marketability, transportation and other conditions of purchase or sale
in a non discriminatory manner and shall afford enterprises of other
countries adequate opportunity, in accordance with customary business
practices, to compete for participation in such purchases or sales. |
|
Importer-Exporter Code (IEC) Number |
2.12 |
No export or import shall be made by any person without
an IEC
number unless specifically exempted.An IEC number shall be
granted
on application by competent authority in accordance with procedure specified in
HBP v1. |
|
|
|
Trade with Neighbouring
Countries |
2.13 |
DGFT may issue instructions or frame schemes as may be required to promote trade and strengthen economic ties with neighbouring countries.
|
| Transit Facility |
2.14 |
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.
|
|
Trade with Russia under Debt-Repayment
Agreement |
2.15 |
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. |
| |
| 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 activities of an SEZ Unit/ Developer/Codeveloper 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
otherwisefreely importable under FTP. In other cases, a Customs ClearancePermit (CCP) shall be required from DGFT.
|
| Passenger Baggage |
2.20 |
Bonafide household goods and personal effects may be imported as
part of passenger baggage as per limits, terms and conditions thereof in
Baggage Rules notified by Ministry of Finance.
Samples of such items that are otherwise freely importable under FTP may
also be imported as part of passenger baggage without an Authorisation.
Exporters coming from abroad are also allowed to import drawings,
patterns, labels, price tags, buttons, belts, trimming and
embellishments required for export, as part of their passenger baggage
without an Authorisation.
|
| Import on Export Basis |
2.21 |
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.
|
| Re-import of goods repaired abroad |
2.22 |
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.
|
| Import of goods used in projects abroad
|
2.23 |
After completion of projects abroad, project contractors may import,
without an Authorisation used goods
including capital goods provided they have been used for at least one
year.
|
| Sale on High Seas |
2.24 |
Sale of goods on high seas for import into India may be
made subject to FTP or any other law in force.
|
| Import under Lease Financing |
2.25 |
Permission of RA is not required for import of capital goods under
lease financing. |
| Clearance of Goods from Customs |
2.26 |
Goods already imported / shipped / arrived, in advance, but not
cleared from Customs may also be cleared against 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.
|
| Private / Public Bonded Warehouses for Imports
|
2.28 |
Private / Public bonded warehouses may be set up in DTAas 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 extent
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 Baggage |
2.31 |
Bonafide personal baggage may be exported either along with
passenger or, if unaccompanied, within one year
before or after passenger’s departure from India. However, items
mentioned as restricted in ITC (HS) shall require an
Authorisation. Government of India officials proceeding abroad on
official postings shall, however, be permitted
to carry alongwith their personal baggage, food items (free, restricted
or prohibited) strictly for their personal
consumption.
|
| Export of Gifts |
2.32 |
Goods, including edible items, of value not exceeding Rs.5,00,000 /-
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.
|
| Export of Spares |
2.33 |
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.
|
| Third Party Exports |
2.34 |
Third party exports, as defined in Chapter 9 shall be
allowed under FTP. |
| Export of Imported Goods |
2.35 |
Goods imported, in accordance with FTP, may be exported in same or
substantially same form without an Authorisation
provided that item to be imported or exported is not restricted for
import or export in ITC (HS).
Exports of such goods imported against payment in freely convertible
currency would be permitted against payment
in freely convertible currency.
|
| |
2.36 |
Goods, including those mentioned as restricted for import (except
prohibited items) may be imported under
Customs Bond for export in freely convertible currency without an
Authorisation provided that item is freely
exportable without any conditionality / requirement of Licence /
permission as may be required under ITC (HS)
Schedule II.
|
| |
2.36A |
Hides, Skins and semi finished leather may be imported in the Public
Bonded warehouse for the purpose of DTA
sale and the unsold items thereof can be re-exported from such bonded
warehouses at 50% of the applicable export
duty. However, this facility shall not be allowed for import under
Private Bonded warehouse.
|
| 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 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 bank account. Free foreign
exchange remitted by buyer to his non-resident
bank (after deducting the bank service charges) on account of this
transaction would be taken as export realization
under export promotion schemes of FTP.
Contracts [for which payments are received through Asian Clearing Union
(ACU)] shall be denominated in
ACU Dollar. Central Government may relax provisions of this paragraph in
appropriate cases. Export contracts
and Invoices can be denominated in Indian rupees against EXIM Bank /
Government of India line of credit.
|
| Realisation of Export Proceeds
|
2.41 |
If an exporter fails to realise export proceeds within time
specified by RBI, he shall, without prejudice to any
liability or penalty under any law in force, be liable to action in
accordance with provisions of FT (D&R) Act,
Rules and Orders made there under and FTP.
|
| Free movement of export goods |
2.42 |
Consignments of items meant for exports shall not be withheld /
delayed for any reason by any agency of
Central / State Government. In case of any doubt, authorities concerned
may ask for an undertaking from
exporter.
|
| |
|
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. |
| Trade Facilitation through EDI Initiatives |
2.45 |
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 |
2.45.1 |
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 Incentive so promote EDI Initiatives adoption |
2.45.2 |
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 Commission
|
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 rehabilitation of sick units, it has been
decided to empower Settlement Commission in Central Board of Excise and Customs to decide such cases also with effect from
01.04.2005. |
Easing of Documentation
Requirement |
2.47 |
Pending finalisation of Single Common Document (SCD) for international trade, Government Departments dealing with exports and imports will honour Authorisation issued by other Government departments based on verification of export documents like shipping bill, bank realization certificate, Packing list, bill of lading etc. and will not insist upon fresh submission of these documents.
|
Exemption Remission of
Service Tax in DTA |
2.48 |
For all goods and services which are exported from units in
DTA and units in EOU / EHTP / STP / BTP, exemption / remission of service tax levied and related to exports, shall be allowed, as per prescribed procedure in Chapter 4 of HBP v1.
|
Exemption from Service
Tax in SEZ |
2.48.1 |
Units
in SEZ shall be exempted from service tax. |
Exemption from
Service Tax on Services received
abroad |
2.48.2 |
For all goods and services exported from India, services received /rendered abroad, where ever possible, shall be exempted from service tax. |