The government seeks suggestions from stakeholders regarding a draft notification under Section 11(3) of the Customs Act, 1962. This notification aims to regulate the import and export of goods by enforcing prohibitions, restrictions, or obligations under various statutes managed by different government agencies. The proposed notification consolidates non-tariff measures, such as rules and regulations, issued by multiple ministries and agencies into a centralized repository. These measures will help ensure that trade practices align with the overall regulatory framework, providing clear guidelines for managing imports and exports. The centralized system will simplify compliance for stakeholders, offering a structured approach to trade regulations. Stakeholders are invited to review and provide feedback on the draft notification by 15th September 2024. Suggestions should be submitted via email to the designated addresses for further consideration.
Central Board Of Indirect Taxes & Customs
Department of Revenue, Ministry of Finance, Government of India
NOTICE
Notice calling suggestions from trade on Notification under Section 11(3) of the Customs Act 1962 for notifying prohibition/restriction or obligation on import or export of goods under different statutes by different participating government agencies.
To streamline the trade processes, enhance facilitation, simplify compliances related to import or export of goods, as per the decisions taken in the meetings of NCTF chaired by Cabinet Secretary, it has been decided to notify prohibition or restriction or obligations/conditions relating to import or export of any goods or class of goods or clearances under Section 11(3) as those: –
(a) which are notified under the Principal Act thereof, by virtue of being deemed notification under Section 11 of the Customs Act, 1962; and
(b) which are notified in terms of order or notification or circular under the provisions of the rule or regulation under the Principal Act relating to the goods when imported or exported or both but not covered as deemed notification under the provisions of section 11(3) of the customs Act 1962.
2. The orders/notifications or circulars issued under the provisions of different rules/regulations/Act by different ministries/participating government agencies are classified as non-tariff measures and are aimed to put restrictions/prohibitions or conditions on the import or export of specified goods. In view of the provision contained in Section 11(3) of the Customs Act, 1962, it has been decided to notify a centralized repository of all such non-tariff measures with centralized control numbers and the same is published in the public domain for consultation.
3. These measures will help ensure that trade practices align with the overall regulatory framework, providing a clear and structured approach for managing imports and exports while abiding numerous control measures imposed by various ministries/departments /agencies related with the specific goods being imported or exported.
4. The notification is proposed to be issued under Section 11(3) of the Customs Act, 1962, which enables the central government to restrict or prohibit or set conditions/ put obligations on the import or export of goods in the public interest. The same is reproduced below: –
Section 11(3) of the Customs act :- Any prohibition or restriction or obligation relating to import or export of any goods or class of goods or clearance thereof provided in any other law for the time being in force, or any rule or regulation made or any order or notification issued thereunder, shall be executed under the provisions of that Act only if such prohibition or restriction or obligation is notified under the provisions of this Act, subject to such exceptions, modifications or adaptations as the Central Government deems fit.
5. Stakeholders/Trade are invited to provide their suggestions on improvements, if any, to the Draft Notification (enclosed as Annexure A) by email at [email protected] and endorsed to [email protected] by 15.09.2024.
