|State SEZ Acts|
|State SEZ Acts|
|State SEZ Policies|
Export-with its grammatical variations and cognate expressions, means taking out of India to a place outside India.
“Quality control” means any activity having for its object the determination of the quality of a commodity (whether during the process of manufacture or production or subsequently) in order to ascertain whether it satisfies the standard specifications applicable to it or any other specifications stipulated in the export contract and whether it may be accepted for purposes of export.
Export Inspection Council is the chief regulator
The Export Inspection Council (EIC) was set up by the Government of India under Section 3 of the Export (Quality Control and Inspection) Act, 1963 (22 of 1963), in order to ensure sound development of export trade of India through Quality Control and Inspection and for matters connected thereof.
Export Inspection Council, either directly or through Export Inspection Agencies, its field organisation renders services in the areas of:
Certification of quality of export commodities through installation of quality assurance systems (In-process Quality Control and Self Certification) in the exporting units as well as consignment wise inspection.
5. Functions of the Council.—(1) The functions of the Council shall generally be to advise the Central Government regarding measures for the enforcement of quality control and inspection in relation to commodities intended for export and to draw up programmes therefore, to make, with the concurrence of the Central Government, grants-in-aid to the agencies established or recognised under section 7 and to perform such other functions as maybe assigned to it by or under this Act.
(2) For the purpose of performing its functions, the Council may co-opt as members such number of persons as it thinks fit who have special knowledge and practical experience in matters relating to any commodity or trade therein and any such person shall have the right to take part in the discussions of the Council but shall not have the right to vote and shall not be a member for any other purpose.
(3) The Council may also constitute specialist committees for conducting investigations on special problems connected with its functions.
(4) In the performance of its functions under this Act, the Council shall be bound by such directions as the Central Government may give to it in writing from time to time.
Under the provisions of WTO Agreements, especially the SPS Agreement, several of India’s trading partners have imposed import control systems based on international standards, particularly in food sector. These Agreements also provide for recognition of the export certification system of member trading partners provided it meets the requirments of their import control. EIC, as the official export certification body of India, has initiated dialogue with several of India’s trading partners seeking recognition of its certification.
Presently, EIC’s certification is recognised in the following areas:
The Directorate of Revenue Intelligence was constituted on 4th December 1957, for dealing exclusively with the work relating to the collection and study of information on smuggling activities and the deployment of all anti-smuggling resources at the all India level, besides arranging training for the intelligence and Investigation officers of the Custom Houses and Central Excise Collectorates deployed on similar work.⇓
Collection of intelligence about smuggling of contraband goods, narcotics, under-invoicing etc. through sources of India and abroad, including secret sources.
To study and suggest remedies for loopholes in law and procedures to combat smuggling.
Central Board of Excise and Customs (CBEC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the tasks of formulation of policy concerning levy and collection of Customs & Central Excise duties and Service Tax, prevention of smuggling and administration of matters relating to Customs, Central Excise, Service Tax and Narcotics to the extent under CBEC’s purview. The Board is the administrative authority for its subordinate organizations, including Custom Houses, Central Excise and Service Tax Commissionerates and the Central Revenues Control Laboratory.
|CESTAT Procedure Rules, 1982|
|CESTAT Anti Dumping Duty Procedure Rules, 1996||Relevant provision for Tribunal only|
Custom Law at a Glance
|1.||Arrival of goods and procedures prior to lodgement of goods|
|a) Conveyances to call only at Notified Customs Ports / Airports
b) Power to board conveyance, to question and to demand documents
c) Delivery of Import Manifest
d) General Conditions
f) Penal Liability
g) Entry Inwards
h) Enclosures to Import General Manifest
i) Procedure for filing IGM at Custom Houses operating EDI service centres
j) Filing of Stores List
k) Unloading and Loading of Goods
l) Other liabilities of carriers
|2.||Procedure for clearance of Imported Goods|
|a) Bill of Entry – Declaration
c) EDI Assessment
d) Examination of Goods
e) Green Channel facility
f) Payment of Duty
g) Amendment of Bill of Entry
h) Prior Entry for Bill of Entry
i) Mother Vessel/Feeder vessel
j) Specialised Schemes
k) Bill of Entry for Bond/Warehousing
Sea Port Custom
Baggage Rules, 1998
As per Rule 7 of the Baggage Rules 1998, a tourist arriving in India shall be allowed clearance free of duty, articles in his bona fide baggage to the extent mentioned in Column (2) Appendix-E which indicates “used personal effects” for personal use of the tourist in India which, if not consumed, could be re-exported when the tourist leaves India for a foreign destination.
Government of India
Ministry of Finance
Department of Revenue, New Delhi
3. The Baggage Rules, 1998 issued vide Notn. No. 30/98-Cus(NT) dated 2/6/98 has provided for import of duty free goods by tourists in Regulation 7 as contained in Appendix E of the said rules. There is no definition for personal effects in the present Baggage Rules. However, for the sake of uniformity it is considered necessary to reiterate that the personal effects would include the following goods:-
(i) Personal jewellery
(ii) One camera with filmrolls not exceeding twenty
(iii) One video camera/camcorder with accessories and with video cassettes not exceeding twelve
(iv) One pair of binoculars
(v) One portable colour television (not exceeding 15 cms in size)
(vi) One music system including compact disc player
(vii) One portable typewriter
(viii) One permabulator
(ix) One tent and other camping equipment
(x) One computer (laptop/note book)
(xi) One electronic diary
(xii) One portable wireless receiving set (transistor radio)
(xiii) Professional equipments, instruments and Apparatus of appliances including professional audio/video equipments.
(xiv) Sports equipments such as one fishing outfit, one sporting fire arm with fifty cartridges, one non-powdered bicycles, one canoe or ranges less than 51 metres long, one pair of skids, two tennis rackets, one golf set (14 pcs. With a dozen of gold balls.)
(xv) One cell phone
4. It may kindly be noted that while Notn. No. 45/92 defined personal effects as articles both new or used and Rule 11 of Baggage Rules 1994 allowed personal effects of tourists for duty free import, the Baggage Rules 1998 allows only used personal effects of the tourists. It is not the intention of the Board to verify the newness of every product which a traveler brings so long as it is not prima facie new goods in their original packagings which can be disposed of off hand. (emphasis supplied by us)
Under Secretary to the Govt. of India
Government of India
Ministry of Finance Department of Revenue, New Delhi Central Board of Excise & Customs New Delhi, the 18th Feb, 2000
Subject: Baggage Rules—Tourist baggage—no endorsement of imports of personal effects on tourists’ passports
3. It may kindly be ensured that all genuine tourists are allowed to bring in their personal effects without endorsement on the passports and without payment of duty, subject to the terms and conditions prescribed in the Baggage rules, 1998.”
(emphasis supplied by us)
Introduction : Imports and exports are the two important components of a foreign trade. Foreign trade is the exchange of goods and services between the two countries, across their international borders.In India, exports and imports are regulated by the Foreign Trade (Development and Regulation) Act, 1992, which replaced the Imports and Exports (Control) Act, 1947, and gave the Government of India enormous powers to control it.
Ministry of Commerce and Industry is the most important organ concerned with the promotion and regulation of the foreign trade in India.
The Customs Act, 1962.
The Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974
Government of India EXIM POLICY
As per the provisions of the Act 1992 , the Government of India formulates and announces an Export and Import policy (EXIM policy) and amends it from time to time. EXIM policy refers to the policy measures adopted by a country with reference to its exports and imports. Such a policy become particularly important in a country like India, where the import and export of items plays a crucial role not just in balancing budgetary targets, but also in the over all economic development of the country.
The trade regulator
Directorate General of Foreign Trade (DGFT) organisation is an attached office of the Ministry of Commerce and Industry and is headed by Director General of Foreign Trade. Keeping in line with liberalization and globalization and the overall objective of increasing of exports, DGFT has since been assigned the role of “facilitator”. The Director General or any other officer so authorised can suspend or cancel a licence issued for export or import of goods in accordance with the Act. But he does it after giving the licence holder a reasonable opportunity of being heard.
Besides this Act, there are some other laws which control the export and import of goods. These include:-
Exports, Imports, Products, Tariffs, GDP and related Development Indicator by World Integrated Trade Solution
The Federation of Indian Export Organisations (FIEO) represents the Indian entrepreneurs spirit of enterprise in the global market. Known popularly as “FIEO”, this apex body of Indian export promotion organizations was set up jointly by the Ministry of Commerce, Government of India and private trade and industry in the year 1965. FIEO is thus a partner of the Government of India in promoting India’s exports
Selected International Organizations, Institutions and Regional Agreements involved in international trade and international economic law.
Some useful links pertaining to the International Lade law and Trade monitoring
Advocatetanmoy Law Library