Chapter2 General provisions regarding imports and exports

01 September 2004

If any question or doubt arises whether a licence/ certificate/permission has been issued in accordance with this Policy or if any question or doubt arises touching upon the scope and content of such documents, the same shall be referred to the Director General of Foreign Trade whose decision thereon shall be final and binding.

Procedure

2.4

The Director General of Foreign Trade may, in any case or class of cases, specify the procedure to be followed by an exporter or importer or by any licensing or any other competent authority for the purpose of implementing the provisions of the Act, the Rules and the Orders made thereunder and this Policy. Such procedures shall be included in the Handbook (Vol.1), Handbook (Vol.2), Schedule of DEPB Rate and in ITC(HS) and published by means of a Public Notice. Such procedures may, in like manner, be amended from time to time.

The Handbook (Vol.1) is a supplement to the Foreign Trade Policy and contains relevant procedures and other details. The procedure of availing benefits under various schemes of the Policy are given in the Handbook (Vol.1).

Exemption from policy/ procedure

2.5

Any request for relaxation of the provisions of this Policy or of any procedure, on the ground that there is genuine hardship to the applicant or that a strict application of the Policy or the procedure is likely to have an adverse impact on trade, may be made to the Director General of Foreign Trade for such relief as may be necessary. The Director General of Foreign Trade may pass such orders or grant such relaxation or relief, as he may deem fit and proper.

The Director General of Foreign Trade may, in public interest, exempt any person or class or category of persons from any provision of this Policy 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 Advance Licensing Committee (ALC) if the request is in respect of a provision of Chapter-4 (excluding any provision relating to gem & jewellery sector) of the Policy/ Procedure. However, any such request in respect of a provision other than chapter-4 and gem & jewellery sector as given above may be considered only after consulting Policy Relaxation Committee.

Principles of restriction

2.6

DGFT may, through a notification, adopt and enforce any measure necessary 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, the export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with a licence/ certificate/ permission or a public notice issued in this behalf.

Terms and conditions of a Licence/Certificate/ Permission

2.8

Every licence/certificate/permission shall be valid for the period of validity specified in the licence/ certificate/ permission and shall contain such terms and conditions as may be specified by the licensing authority which may include:

(a)

The quantity, description and value of the goods;

(b)

Actual User condition;

(c)

Export obligation;

(d)

The value addition to be achieved; and

(e)

The minimum export price.

Licence/Certificate/ Permission not a right

2.9

No person may claim a licence/certificate/ permission as a right and the Director General of Foreign Trade or the licensing authority shall have the power to refuse to grant or renew a licence/certificate/permission in accordance with the provisions of the Act and the Rules made there under.

Penalty

2.10

If a licence/certificate/permission holder violates any condition of the licence/certificate/ permission or fails to fulfill the export obligation, he shall be liable for action in accordance with the Act, the Rules and Orders made there under, the Policy and any other law for the time being in force.

State trading

2.11

Any goods, the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), may be imported or exported by the State Trading Enterprise(s) as specified in the

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.

(a)	The quantity, description and value of the goods;
(b)	Actual User condition;
(c)	Export obligation;
(d)	The value addition to be achieved; and
(e)	The minimum export price.