The Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce and Industry, Government of India, recently issued Trade Notice No. 03/2024, addressing concerns regarding the applicability of Notification No. 71/2023. This notice has significant implications for exporters and trade authorities.
1. Background of Notification No. 71/2023: Understanding the context and objectives behind the issuance of this notification is crucial. It replaced Notification No. 69/2023 and introduced certain amendments affecting Advance Authorizations.
2. Retrospective Applicability Clarification: The Trade Notice clarifies that the provisions of Notification No. 71/2023 are not applicable retrospectively. This means that Advance Authorizations issued before the notification’s enforcement will be governed by the regulations in place at the time of their issuance.
3. Amendment Facility Restrictions: One of the key points highlighted in the Trade Notice is the unavailability of the facility for amendment to incorporate QCO exemption on Advance Authorizations issued before 11.03.2024. This limitation has implications for exporters seeking amendments to their existing authorizations.
4. Restrictions on Clubbing of Authorizations: Another significant aspect discussed is the restriction on clubbing Advance Authorizations issued under Notification No. 71/2023 with those issued before its enactment. This restriction affects exporters’ flexibility in utilizing their authorizations effectively.
5. Competent Authority Approval: It’s worth noting that the Trade Notice has been issued with the approval of the Competent Authority, ensuring its validity and enforceability.
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Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan, New Delhi
Policy – 4 Division
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Trade Notice No. 03/2024- DGFT | Dated:10th May 2024
To,
All Custom Authorities
All Regional Authorities of DGFT
All Exporters/Members of Trade
All EPCs/FIEO
Subject: Applicability of Notification No. 71/2023 dated 11.03.2024 -reg
This Directorate is in receipt of various representations regarding applicability of provisions of Notification NO. 69/2023 dated 07.03.2024, subsequently superseded by Notification No 71/2023 dated 11.03.2024, for Advance Authorizations issued prior to the date of the aforesaid notification.
2. In this regard, it is clarified as under:
i. The provisions of Notification No 71/2023 dated 11.03.2024 are not applicable retrospectively. The AA issued before 11.03.2024 will be governed by the provisions as existed at the time of issuance of those AA.
ii. Facility for amendment to incorporate QCO exemption on such AA already issued before 11.03.2024, is not available.
iii. The facility of clubbing of Advance Authorizations issued under the provisions of Notification No 71/2023 dated 11.03.2024 with Advance Authorizations issued before the date of the aforesaid notification shall not be available.
3. This Trade Notice is issued with the approval of the Competent Authority.
(K. M. Harilal)
Jt. Director General of Foreign Trade
DGFT Hqrs
Email: km.harilal@nic.in
[Issued from File No. 01/94/ 180/001/AM25/PC-4] /12
