♦ Definition of ‘Export’ & ‘Exporter” Under Foreign Trade Policy
Export- Is as defined in FT (D & R) Act, 1992, as amended from time to time.
Note: Definition of export under foreign trade policy is same as defined in FT (D & R) Act, 1992 which is given below. In other words definition of export is borrowed in foreign trade policy from FT (D & R) Act, 1992 which is also mother Act of foreign trade policy as section 5 of this Act empower Central Government to issue foreign trade policy.
| Exporter | Means a person who exports or intends to export and holds an IEC number, unless otherwise specifically exempted |
♦ Definition of “Export” Under the Foreign Trade (Development & Regulation) Act, 1992
1. In relation to goods
| Export of Goods | means taking out of India any goods by land, sea or air; |
2. In relation to services or technology
| Supplying, services or technology— | |
| Export of services or technology means | From India into the territory of any other country; [Cross border trade mode]
Example: A user in Nepal receives services from India through its telecommunications or postal infrastructure. Such supplies may include consultancy or market research reports, tele-medical advice, distance training, or architectural drawings etc. |
| In India to the service consumer of any other country; [Consumption abroad mode]
Example: Nationals of Nepal have moved India as tourists, students, or patients to consume the services in India. |
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| By a service supplier of India, through commercial presence in the territory of any other country; [Commercial Presence mode]
Example: The service is provided within Nepal by a locally-established affiliate, subsidiary, or representative office of a Indian-owned and controlled company (bank, hotel group, construction company, etc.) |
|
| By a service supplier of India, through presence of Indian natural persons in the territory of any other country [Presence of natural persons mode]
Example : A Indian national provides a service within Nepal as an independent supplier (e.g., consultant, health worker) or employee of a service supplier (e.g. consultancy firm, hospital, construction company) |
Provided that “import” and “export” in relation to the goods, services and technology regarding Special Economic Zone or between two Special Economic Zones shall be governed in accordance with the provisions contained in the Special Economic Zones Act, 2005.
Note: Definition of “import” and “export” regarding SEZ and between SEZ for the purpose of Foreign Trade (Development & Regulation) Act, 1992 and Foreign Trade Policy shall be same as defined in SEZ Act, 2005.In other word definition of “import” and “export” regarding SEZ and between SEZ is borrowed in Foreign Trade (Development & Regulation) Act, 1992 and Foreign Trade Policy from SEZ Act, 2005.
♦ Definition of “Export” Under SEZ Act, 2005
| “Export” means – | |
| (i) | taking goods, or providing services, out of India, from a Special Economic Zone, by land, sea or air or by any other mode, whether physical or otherwise; or
Example: Taking goods or providing services from Noida Special economic Zone to USA. |
| (ii) | supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer; or
Example: ABC Ltd engaged in management consultancy services which is not registered in SEZ rendered services to XYZ Ltd which is registered in Noida Special Economic Zone. |
| (iii) | supplying goods, or providing services, from one Unit to another Unit or Developer, in the same or different Special Economic Zone;
Example: ABC Ltd engaged in management consultancy services which is registered in Noida SEZ rendered services to XYZ Ltd which is also registered in Noida Special Economic Zone. Example: PQR Ltd registered in Kandla Special Economic Zone rendered services to MNO Ltd registered in Surat Special Economic Zone. |
♦ Definition of “Export” under the Foreign Exchange Management Act, 1999
| “export”, with its grammatical variations and cognate expressions, means— | |
| Goods | the taking out of India to a place outside India any goods, |
| Services | provision of services from India to any person outside India; |
♦ Definition of “Export” under the Customs Act, 1962
| Export | means taking out of India to a place outside India; |
| Export of goods | means any goods which are to be taken out of India to a place outside India; |
| Exporter | in relation to any goods at any time between their entry for export and the time when they are exported, includes
– any owner or any person holding himself out to be the exporter; |
♦ Definition of “Export” under GST
| Export of goods
|
with its grammatical variations and cognate expressions, means taking goods out of India to a place outside India;
Notes : Place of supply, Currency of payment, Location of recipient etc. are irrelevant; what is relevant is movement of goods from India to a place outside India |
| Export of services | means the supply of any service when,—
(i) The supplier of service is located in India; (ii) The recipient of service is located outside India; (iii) The place of supply of service is outside India; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange [or in Indian rupees wherever permitted by the Reserve Bank of India]; and (v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8; |
♦ Definition of Manufacturer Exporter
| Manufacturer Exporter | A person who exports goods manufactured by him or intends to export such goods |
♦ Definition of Merchant Exporter
| Merchant Exporter | A person engaged in trading activity and exporting or in tending to export goods. |
♦ Definition of Merchanting Trade
For a trade to be classified as merchanting trade following conditions should be satisfied;
- Goods acquired should not enter the Domestic Tariff Area and
- The state of the goods should not undergo any transformation ;
- Definition of Project Exports
| Project Exports
[Para 9.42A of FTP] |
Refers to export of engineering goods on deferred payment terms and execution of turnkey projects and civil construction contracts abroad collectively.
Project Exports would encompass (i) Civil construction contracts; (ii) Turnkey Engineering contracts including supply of Capital Goods on deferred payment terms; (iii) Process and Engineering Consultancy Services; and (iv) Project Construction items (excluding Steel and Cement). |
♦ Definition of Supporting Manufacturer
| Supporting Manufacturer | Is one who :
(i) manufactures goods/products or (ii) manufactures any part/accessories/components of a good/product for a merchant exporter or a manufacturer exporter under a specific Authorization |
| “Supporting Manufacturer” for the EPCG Scheme shall be one in whose premises/factory Capital Goods imported/ procured under EPCG Authorization is installed. | |
♦ Third Party Exports
| “Third-party exports” | Means exports made by an exporter or manufacturer on behalf of another exporter(s). |
| In such cases,
(i) Export documents such as shipping bills shall indicate names of both manufacturer exporter/manufacturer and third party exporter(s). Following should be in the name of third party exporter – Bank Realization Certificate (BRC), – Self-Declaration Form (SDF), – Export order and – Invoice. |
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♦ Definition of “Import” & “Importer” under the Foreign Trade Policy
| Import | Is as defined in FT (D&R) Act, 1992 as amended from time to time. |
| Importer | Means a person who imports or intends to import and holds an IEC number, unless otherwise specifically exempted. |
♦ Definition of Import under the Foreign Trade (Development & Regulation) Act, 1992
In relation to goods
| “Import of Goods” | means bringing into of India any goods by land, sea or air; |
In relation to services or technology
| Supplying, services or technology— | |
| Import of services or technology means | From the territory of another country into the territory of India; [Cross border trade]
Example: A user in India receives services from Nepal through its telecommunications or postal infrastructure. Such supplies may include consultancy or market research reports, tele-medical advice, distance training, or architectural drawings etc. |
| In the territory of another country to an Indian service consumer;[ Consumption abroad]
Example: Nationals of India have moved Nepal as tourists, students, or patients to consume the services in India. |
|
| By a service supplier of another country, through commercial presence in India;[ Commercial Presence]
Example: The service is provided within India by a locally-established affiliate, subsidiary, or representative office of a Nepal-owned and controlled company (bank, hotel group, construction company, etc.) |
|
| By a service supplier of another country, through presence of their natural persons in India;[ Presence of natural persons]
Example : A Nepal national provides a service within India as an independent supplier (e.g., consultant, health worker) or employee of a service supplier (e.g. consultancy firm, hospital, construction company) |
♦ Definition of Import Under SEZ Act, 2005
| “import” means- | (i) Bringing goods or
(ii) Receiving services, In a Special Economic Zone, by a Unit or Developer from a place outside India by land, sea or air or by any other mode, whether physical or otherwise; or (iii) Receiving goods, or (iv) Receiving services By, Unit or Developer from another Unit or Developer of the same Special Economic Zone or a different Special Economic Zone; |
♦ Definition under the Foreign Exchange Management Act, 1999
| In relation to/of | Means | |
| Import | Goods | Bringing into India any goods or services; |
| Services | Bringing into India any services. |
♦ Definition under the Customs Act, 1962
| Import | With its grammatical variations and cognate expressions, means bringing into India from a place outside India; |
| Imported goods | Means any goods brought into India from a place outside India but does not include goods which have been cleared for home consumption; |
| Importer
|
In relation to any goods at any time between their importation and the time when they are cleared for home consumption, includes any owner or any person holding himself out to be the importer. |
♦ Definition under GST Laws (IGST Act, 2017)
| Import of goods | With its grammatical variations and cognate expressions, means bringing goods into India from a place outside India.
Place of supply, Currency of payment, Location of supplier etc. are irrelevant what is relevant is movement of goods from a place outside India into India) |
| Import of services | means the supply of any service, where –
(i) The supplier of service is located outside India; (ii) The recipient of service is located in India; and (iii) The place of supply of service is in India; (A service is said to be imported only when the above mentioned three conditions are met cumulatively) |
♦ Project Imports Scheme
Is a concept, wherein all the goods imported for the purpose of setting up of Industrial Project or substantial expansion of existing industrial projects is subjected to single classification under heading 98.01 of Custom Tariff Act, 1975 and subjected to single rate of duty instead of merit assessment of imported goods.
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