Public Notice No.37/2009-2014 (RE- 2013)

New Delhi, the  14th  November, 2013

Subject:  Advance Authorization for export of an item which is otherwise prohibited for export

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in paragraph 4.4.1 of the Handbook of Procedures Vol. I 2009-14 (RE 2012):

  1. Existing para 4.4.1 is re-numbered as para 4.4.1 (a)
  2. Sub-para (b) is added after para 4.4.1(a) as under:

Authorization for items which are otherwise prohibited for export

Items covered under Chapter 7 and Chapter 15 of ITC (HS) Schedule 2, which are prohibited for export, shall be allowed to be exported under the advance authorization scheme. Export shall be allowed subject to pre-import condition under notified SION/prior fixation of norms by Norms Committee in terms of Para 4.4.2 of HBP Vol.1. Import/Export would be permitted only through EDI enabled ports.

The Export obligation period (EOP) of advance authorizations issued for such items will be 90 days from the date of clearance of import consignment and no extension in EOP shall be allowed. Such import shall be subject to actual user condition and no transfer of imported raw material, for any purpose, including job work, shall be permitted. In case of non-fulfilment of EO/ non-achievement of stipulated value addition, a penalty equal to five times of the CIF value of the imported material, corresponding to the shortfall in EO, shall be imposed in addition to the applicable duty and interest. Provisions of Para 4.28 of HBP vol.1 shall not be applicable in this case

Effect of this Public Notice:  Items which are otherwise prohibited for exports but which have been permitted for export under the advance authorization scheme have been specified alongwith conditions applicable for such exports.

(Anup K. Pujari)

Director General of Foreign Trade


Notification No. 51  (RE – 2013)/2009-2014

New Delhi, Dated :  14th  November, 2013

Subject: Amendment of paragraphs 4.1.13(a) and 6.2(a)(i) of FTP to permit export of an item which is otherwise prohibited for export, under Advance Authorisation and by EOUs

                S.O.(E)       In exercise  of powers conferred by Section  5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, the Central Government hereby amends paragraphs 4.1.13(a) and 6.2(a)(i) of the FTP 2009-2014 (RE-2012).

2. The amended paragraphs will read as under (new words/sentence being added at the end of the para are in bold letters for easy reference):

 (i) Para 4.1.13(a):

No export or import of an item shall be allowed under Advance Authorisation / DFIA if the item is prohibited for exports or imports respectively.  Export of a prohibited item may be allowed under Advance Authorisation provided it is separately so notified subject to the conditions given therein.

 (ii) Para 6.2(a)(i)

An EOU / EHTP / STP / BTP unit may export all kinds of goods and services except items that are prohibited in ITC (HS). Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) shall be subject to fulfillment of the conditions indicated in ITC (HS). In respect of an EOU, permission to export a prohibited item may be considered, by BOA, provided such raw materials are imported and there is no procurement of such raw material from DTA.

Effect of this Notification: Certain items which are prohibited for export may be allowed for export under advance authorization scheme, subject to stipulated conditions. BOA can consider requests for export of a prohibited item from an EOU.

(Anup K. Pujari)

Director General of Foreign Trade

 E-mail:[email protected]

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