Introduction: In a recent development, the Directorate General of Foreign Trade (DGFT), under the Ministry of Commerce & Industry, Government of India, has issued a notification amending the import policy conditions for items falling under ITC(HS) Code 0511 99 99 of Chapter 05 of ITC(HS), 2022. This amendment specifically addresses the import of human embryos and human gametes. This article provides an overview of the amendment and its implications.
Amendment of Import Policy Conditions: Under ITC(HS) Code 0511 99 99, the item description “Other” was previously categorized as “Free” for import. However, the amended policy conditions now state that the “Import of Human Embryo and Human Gametes is Prohibited in accordance with the ART (Regulation) Act, 2021 and The Surrogacy (Regulation) Act, 2021.”
Implications and Significance: The amendment effectively prohibits the import of human embryos and human gametes into India. This prohibition aligns with the provisions of the ART (Regulation) Act, 2021, and The Surrogacy (Regulation) Act, 2021. These acts have been introduced to regulate and oversee the use of assisted reproductive technologies and surrogacy in the country.
What Stakeholders Need to Know: Stakeholders involved in activities related to assisted reproduction, surrogacy, and import of human embryos and gametes must be aware of this prohibition. They should ensure compliance with the amended policy conditions and relevant legal provisions.
Conclusion: The DGFT’s amendment to prohibit the import of human embryos and human gametes reflects the government’s commitment to regulating and overseeing assisted reproductive technologies and surrogacy in India. This move is in line with the ART (Regulation) Act, 2021, and The Surrogacy (Regulation) Act, 2021, and aims to ensure ethical and responsible practices in these fields. Stakeholders should take note of this prohibition and ensure adherence to the amended policy conditions.
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
New Delhi
Notification No.39/2023-DGFT | Dated: 23rd October, 2023
Subject: Amendment of Import Policy conditions for item under ITC(HS) Code 0511 99 99 of Chapter 05 of ITC(HS), 2022, Schedule —I (Import Policy).
S.O. 4633(E).—In exercise of powers conferred by Section 3 and Section 5 of Foreign Trade (Development & Regulation) Act, 1992, read with paragraph 1.02 and 2.01 of the Foreign Trade Policy 2023, as amended from time to time, the Central Government hereby amends the policy conditions of item under Chapter 05 of ITC (HS), 2022, Schedule —I (Import Policy) as follows —
|
ITC(HS) code |
Item Description | Import Policy | Existing Policy Condition | Revised Policy Condition |
| 0511 99 | Other:—- | Free | Import of Human Embryo | Import of Human |
| 99 | Other | is Prohibited in accordance to the ART (Regulation) Act, 2021 and The Surrogacy (Regulation) Act, 2021. | Embryo and Human Gametes is Prohibited in accordance with the ART (Regulation) Act, 2021 and The Surrogacy (Regulation) Act, 2021. |
Effect of the Notification: Import of Human Embryo and Human Gametes under ITC(HS) 0511 99 99 is ‘Prohibited’ in accordance with the ART (Regulation) Act, 2021 and The Surrogacy (Regulation) Act, 2021.
This issues with the approval of the Minister of Commerce & Industry.
(Santosh Kumar Sarangi)
Director General of Foreign Trade &
Ex- officio Addl. Secretary to the Government of India
E-mail: dgft@nic.in
[Issued from F. No.01/89/180/Misc-82/AM-05/PC-2[A]/E-1251]
