The Foreign Trade (Development and Regulation) Act, 1992
Foreign Trade (Regulation) Rules, 1993
The Foreign Trade (Development and Regulation) Act, 1992
Official text
MINISTRY OF COMMERCE
(Directorate General of Foreign Trade)
NOTIFICATION
New Delhi, the 30th December, 1993
G-S.R. 791(E).—In exercise of the powers
conferred by section 19 of the Foreign Trade
(Development and Regulation) Act, 1992 (22 of
1992), the Central Government hereby makes the
following rules, namely :—
1. Short title and commencement.—(1) These
rules may be called the Foreign Trade (Regula
tion) Rules, 1993.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. Definitions.—In these rules unless the con
text otherwise requires,—
(a) "Act" means the Foreign Trade (Deve
lopment and Regulation) Act, 1992
(22 of 1922);
(b) "charitable purpose" includes relief of
the poor, education, medical relief, and
the advancement of any other object of
general public utility;
(c) "importer" or "exporter" means a
person who imports or exports goods
and holds a valid Importer-exporter
Code Number granted under section 7;
(d) "licensing authority" means an authority
authorised by the Director General
under sub-section (2) of section 9 to
grant or renew a licence under these
rules;
(e) "Policy" means the export and import
Policy formulated and announced by
the Central Government under sec
tion 5;
(f) "schedule" means a Schedule appended
to these rules;
(g) "section" means a section of the Act;
(h) "special licence" means a licence grant
ed under sub-section (2) of section 8;
(i) "value" has the meaning assigned to it
in clause (41) of section 2 of the
Customs Act, 1962 (52 of 1962);
(j) words and expression used in these rules
and not defined but defined in the Act
shall have the meanings respectively
assigned to them in the Act.
3. Grant of special licence.—(1) Where the
Importer-exporter Code Number granted to any
person has been suspended or cancelled under
sub-section (1) of section 8, the Director General
may, having regard to the following factors,
grant to him a special licence, namely :—
(1) that the denial of a special licence is
likely to affect the foreign trade of
India adversely; or
(2) that the suspension or cancellation of
the Importer-exporter Code Number is
likely to lead to non-fulfilment of any
obligation by India under any inter
national agreement;
(2) The special licence granted to any person
under sub-rule (1) shall be non-transferable.
4. Application for grant of licence.—A person
may make an application for the grant of a
licence to import or export goods in accordance
with the provisions of the Policy or an Order
made unler section 3.
5. Fee.—(1) Every application lor a licence
to import shall be accompanied by the fee speci
fied in the Schedule.
(2) The mode of deposit of fee shall be as
specified in the Schedule.
[«TTT II—TO 3(i)] Sfp-n TT 'JlWfl : Wfl'IWI 7
(3) No fee shall be payable in respect of any
application made by :
(a) the Central Government, a State Gov
ernment or any department or any
office of the Government;
(b) any local authority for the bona-fide
import of goods required by it for
official use;
(c) any institution set up for educational,
charitable or missionary purposes, for
the import of goods required for its
use;
(d) an applicant for the impart of any
goods (other than a vehicle) if the
import of the goods is for his personal
use which is not connected with trade
or manufacture.
(4) The fee once received will not be refunded
except in the following circumstances, namely :—
(i) where the fee has been deposited in
excess of the specified scale of fee; or
(ii) where the fee has been deposited but no
application has been made; or
(iii) where the fee has been deposited in error
but the applicant is exempt from pay
ment of fee.
6. Conditions of licence.—(1) lit shall be
deemed to be a condition of every licence for
export that :—
(i) no person shall transfer or acquire by
transfer any licence issued by the licens
ing authority except in accordance with
the provisions of the Policy;
(ii) the goods for the export of which the
licence is granted shall be the property
of the licensee at the time of the export.
(2) The licensing authority may issue a
licence for import subject to one or more of the
following conditions, namely :—
(a) that the goods covered by the licence
shall not be disposed of except in accor
dance with the provisions of the Policy
or in the manner specified by the
licensing authority in the licence;
(b) that the applicant for a licence shall
execute a bond for complying with the
terms and conditions of the licence.
(3) It shall be deemed to be a condition of
every licence for import that :—
(a) no person shall transfer or acquire by
transfer any licence issued by the licens
ing authority except in accordance with
the provisions of the Policy;
(b) the goods for the import of which a
licence is granted shall be the property
of the licensee at the time of import
and upto the time of clearance through
customs;
(c) the goods for the import of which a
licence is granted shall be new goods,
unless otherwise stated in the licence:
(d) the goods covered by the licence
for import shall not be exported without
the written permission of the Director
General.
(4) Any person importing goods from the
United States of America in accordance with the
terms of the Indo-US Memorandum of Under
standing on Technology Transfer shall also
comply with all the conditions and assurances
specified in the Import Certificate issued in terms
of such Memorandum, and such other assurances
given by the person importing those goods to the
Government of the United States of America
through the Government of India.
7. Refusal of licence.!—(1) The Director
General or the licensing authoritv may for reasons
to be recorded in writing, refuse to grant or
renew a licence if—
(a) the applicant has contravened any law
relating to customs or foreign
exchange;
(b) the application for the licence does not
substantially conform to any provision
of these rules;
(c) the application or any document used
in support thereof contains any false
or fraudulent or misleading statement;
(d) it has been decided by the Central Gov
ernment to canalise the export or import
of goods and distribution thereof, as
the case may be, through special or
specialised agencies;
(e) any action against the applicant is for
the time being pending under the Act
or rules and Orders made thereunder;
(f) the applicant is or was a managing
partner in a partnership firm, or is
or was a Director of a private limited
company, having controlling interest
against which any action is for the time
being pending under the Act or rules
and Ortfers made thereunder;
(g) the applicant fails to pay any penalty
imposed on him under the Act;
(h) the applicant has tampered
licence;
with n
THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
(i) the applicant or any agent or employee
of the applicant with his consent has
been a party to any corrupt or fraudu
lent practice for the purposes of obtain
ing any other licence;
y) the applicant is not eligible for a licence
m accordance with any provision of the
Policy;
(k) the applicant fails to produce any docu
ment called for by the Director General
or the licensing authority;
(1) in the case of a licence for import, no
foreign exchange is available for the
purpose;
(m) the application has been signed by a
person other than a person duly autho
rised by the applicant under the pro
visions of the Policy;
(n) the applicant has attempted to obtain or
has obtained cash compensatory support,
duty drawback, cash assistance bene
fits allowed to Registered Exporters or
any other similar benefits from the
Central Government or any agency
authorised by the Central Government
in relation to exports made by him on
the basis of any false, fraudulent or
misleading statement or any document
which is false or fabricated or tamper
ed with.
(2) The refusal of a licence under sub-rule(l)
shall be without prejudice to any other action
that may be taken against an applicant by the
licensing authority under the Act.
8. Amendment of licence.—The licensing
authority may of its own motion or on an applica
tion by the licensee, amend any licence in such
manner as may be necessary or to rectify any
error or omission in the licence.
9- Suspension of a licence.—(1) The Director
General or the licensing authority may by order in
writing, suspend the operation of a licence
granted to—
(a) any person, if an order of detention
has been made against such person
under the provisions of the Conserva
tion of Foreign Exchange and Preven
tion of Smuggling Activities Act, 1974
(52 of 1974); or
(b) a partnership firm or a private limited
company, if the person referred to in
clause (a) is a partner or a whole time
director or managing director, as the
case may be, of such firm or com
pany :
Provided that the order of suspension shall
. cease to have effect in respect of the aforesaid
person or, as the case may be, the partnership
firm or company, when the order of detention
made against such person,—
(i) being an order of detention to which the
provisions of section 9 of the Conser
vation of Foreign Exchange and Preven
tion of Smuggling Activities Act, 1974
(52 of 1974) do not apply, has been
revoked on the report of Advisory
Board under section 8 of that Act or
before receipt of the report of the
Advisory Board or before making a
reference to the Advisory Board; or
(ii) being an order of detention to which the
provisions of section 9 of the Conser
vation of Foreign Exchange and Pre
vention of Smuggling Activities Act,
1974 (52 of 1974) apply, has been
revoked on the report of the Advisory
Board under section 8 read with sub
section (2) of section 9 of that Act or
before receipt of such report;
(iii) has been set aside by a court of compe
tent jurisdiction.
(2) The Director General or the licensing
authority may by an order in writing suspend the
operation of any licence granted under these
rules, where proceedings for cancellation of such
licence has been initiated under rule 10.
10. Cancellation of a licence.—The Director
General or the licensing authority may by an
order in writing cancel any licence granted under
these rules if—
(a) the licence has been obtained by fraud,
suppression of facts or misrepresenta
tion; or
(b) the licensee has committed a breach of
any of the conditions of the licence; or
^c) the licensee has tampered with the
licence in any manner; or
(d) the licensee has contravened any law
relating to customs or foreign exchange
or the rules and regulations relating
thereto.
11. Declaration as to value and quality of
imported goods.—On the importation into, or
exporation out of, any customs ports of
any goods, whether liable to duty or
not. the owner of such goods shall
in the Bill of Entry or the Shipping Bill or any
other documents prescribed under the Customs
Act 1962. state the value, qualitv and des
cription of such goods to the best of his know
ledge and belief and in case of exportation of
I*TM n—«»* 3(1)] TRtf w D̂NW : *mrtirw y
good4^ certtfy that the quality ami
.spc^ncation ol the goods as stated in
those documentts. are in accoi dance witu
the terms ot the export contract entered
inlo„ With the buyer or consignee in pursuance or
which the goods arc being exported and shall
subscribe a declaration or the truth of such state
ment at the foot of such Bill of Entry or Shipping
Hill or any other documents.
12. Declaration as to Importer-expoiter Code
Number.—On the importation into or ex
portation out of any Customs port of any goods
the importer or exporter shall in the Bill of Entry
or Shipping Bill or, as the case may be, in any
other documents prescribed by rules made under
die Act or the Customs Act, 1962 (52 of 1962),
state the Importer-exporter Code Number allotted
to l̂iin by the competent authority.
13. Utilisation of imported goods.—(1) No per-
sitt\ shall use any imported goods allotted to him
by the State Trading Corporation of India or any
other agency recognised by the Central Govern
ment in a manner and for the purpose, otherwise
than as declared by him in his application for
such allotment or in anv document submitted bv
him in support of such application.
(2) No person shall dispose of any goods
imported by him against a licence except in
accordance with the terms and conditions of such
licence.
14. Prohibition regarding making, signing of
any declaration, statement or documents:—
(1) No person shall make, sign or use or cause
to be made signed or used anv declaration, state
ment or document for the purposes of obtaining
a licence or importing any goods knowing or
having reason to believe that such declaration,
statement or document is false in any material
particular.
(2) No person shall employ am' corrupt or
Iraudulent practice for the purposes of obtaining
any licence or importing or exporting any goods.
15. Power to cntetr prenrses and inspect, search.
and seize goods, documents, things and conveyan
ces.-—CD Any person authorised by the Central
Government under sub-section (1) of section 10
(hereinafter called the authorised psrson) may,
at any reasonable time enter any premises in
which—
(i) any imported goods or materials which
are liable to confiscation under the pro
visions of the Act; or
(ii) any books of accounts or documents or
things which, in his opinion, will be
useful for, or relevant to any proceed
ings under the Act,
I9S0 Gl[93—2.
are suspected to have been kept or concealed and
may inspect such goods, materials, books of
accounts, document, or tnings and may take such
notes or extracts therefrom as he may think fit.
(2) If the authorised person has reasons to
believe that—
(i) any imparted goods or materials liable
to confiscation under the Act; or
(ii) any books of accounts or documents or
things which, in his opinion, will be
useiul for, or relevant to, any proceed
ing!* under the Act,
are secreted in any premises he may enter into
and search such premises for such goods, mate
rials, books of accounts, documents or things,
(3) (a) If the authorised person has reasoa
to believe that any imported goods or
materials are liable to confiscation
titider the Act. he may seize such
goods or materials together with the
package, covering or receptacle, if
any, in which such goods or materials
are found to have been mixed with any
other goods or materials :
Provided that where it is not practi
cable to seize any such goods or
materials, the authorised person may
serve on the owner of the goods or
materials an order that he shall not
remove, part with or otherwise deal
with the goods or materia's except with
trip previous permission of the autho
rised person.
(b) Where any goods or materials are seiz
ed under clause (a) and no notice in
respect thereof is given within six
months of the seizure of the goods or
materials, the goods or materials shall
be returned to the person from whose
possession thev were seized '
Provided that the aforesaid period of
six months may, on sufficient cause
being shown, be extended by the Direc
tor General for a further period not
exceeding six months.
(c) The authorised person may seize any
books of accounts or documents or
things which in his opinion, will be
useful for, or relevant to, any pro
ceedings under the Act
(d) The person from whose custody any
documents are seized under this sub-
rule, shall be entitled to make copies
thereof or take extracts therefrom in
the presence of the aurhorisc4 oerson.
10 THE GAZETTE OJ- JNDIA : EXIRAORDINARv. | PARI 11—SLL V)\
(,e) If any person legally entitled u> the
books ot account or other documents
or things seized under this sub-rule
objects, far any reason, ta the reten
tion by the authorised person of the
books of account or the documents or
things, he may move an application
to the Central Government stating
therein the reasons for such objection,
request for the return of the books or
account or documents or things.
(t) On receipt of the application under
clause (,e), the Central Government
may, after giving the applicant an
opportunity of being heard, pass such
order as it may think lit.
(g,' Where any document is pioduced or
furnished by any person or has been
seized from the custody or control of
any person under the Act or has been
received from any place outside India
in the course of the investigation for
any contravention referred to in sec
tion 11 by any person and such docu
ment is tendered in evidence against the
person by whom it is produced or from
whom it was seized or against such
person or any other person who is
jointly proceeded against, the Adjudi
cating Authority, shall, notwithstand
ing anything to the contrary contained
in any other law for the time being in
force.—
(i) presume, unless the contrary is pro
ved, that the signature and every other
part of such document which pur
ports to be in the handwriting of any
particular person of which the Adju
dicating Authority may reasonably
assume to have been signed by or to
be in the handwriting of any parti
cular person, is under the person's
handwriting, and in the case of a
document executed or attested, it
was executed or attested by the
person by whom it purports to have
been so executed or attested;
(ii) admit the document in evidence
notwithstanding that it is not duly
stamped, if such document is other
wise admissible in evidence,
(4) The authorised Derson, mav, if lis has
reason to suspect that any conveyance or animal
is being or is about to be used for the transporta
tion of any imported goods or material which are
liable to confiscation under the Act, and that bv
such transportation anv provision of the Act has
b?en, is being or is about to be contravened at
any time, stop such conveyance or animal or m
the case of aircraft compel it to land, and—
(a) rummage and search the convcyau<^ ,»i
any part thereof;
(b) examine and search any goods or o,Se
rial in the conveyance or on the
animal;
(c) if it becomes necessary io stop any
conveyance or animal, he may use all
lawful means for stopping it ami
where such means fail, the convtymee
or animal may be fired upon,
and where he is satisfied that it is necessai^ so
to do to prevent the contravention of any pro
vision of the Act or of the rules and orders irrulo
thereunder or the Policy or condition of -ny
licence, he may seize such conveyance or
animal..
Explanation—Any reference in tiiis jule ui
a conveyance shall, unless the context other
wise requires, be construed as includ-nf» a
reference to an aircraft, vehicle or vessel
16. Settlement.— (1) The Adjudicating Autho
rity may determine the amount of settlement to be
paid by the person to whom a notice has been
issued and who has opted for settlement and run
admitted the contravention specified in the notice,
in the following cases, namely :—
(i) where it is of the opinion that the con
travention of any provision of the
Act or these rules or the Policy t>s
been made without mensrea or wfthout
wilful mistake or without suppression ol
facts, or without any collusion, or
without fraud and forgery, or without
an intent to cause loss of foreign >ex-
change; or
(ii) where the person importln^ the goods
has not met the requirements of the
actual user conditions as specified in
the Policy and has not misutilised the
said imported goods; or
(iii) where the person importing the Roods
has not fulfilled the export obligation
and has not mis-utilised the said
imported goods,
(2) Where a person has opted for settlement
under sub-rule (1), the settlement made bv the
Adjudicating Authority shall be final.
17. Confiscation and redemption.—(1) anv
imported goods or materials in respect of which—
(a) any condition of the licence, or letter
of authority under which they were
[*rw It—mis j (j j] ^m u
Imported, relating to their utilisation or
distribution; or
(b) any condition, relating to their utilisa
tion or distribution, subject to which
they were received from or through, an
agency recognised by the Central Gov
ernment; or
(c) any condition imposed under the Policy
with regard to the sale or disposal of
such goods or materials;
ha& been, is being, or is attempted to be, con
travened, shall together with miy package,
covering or receptacle in which such
floods are found, be liable to be confiscated by
fhe Adjudicating Authority, and where such
goods or materials are so mixed with any
other goods or materials that they cannot be
readily separated, such other goods or materials
"hall also be liable to be so confiscated :
Provided that where it is established to the
satisfaction of the Adjudicating Authority that
;my goods or materials which are liable to confis
cation under this rule, had been imported for
personal use, and not for any trade or industry,
such goods, or materials shall not be ordered to
he confiscated.
(2) The Adjudicating Authority may permit
ihe redemption of the confiscated goods or mate
rials upon payment of redemption charges equi
valent to the market value of such goods or
materials.
18. Confiscation of conveyance.—(H Any
conveyance or animal which has been, is being,
or is attempted to be used, for the transport of
any goods or materials that are imported and
which are liable to confiscation under rule 17,
shall be liable to be confiscated by the Adjudicat
ing Authority unless the owner of the conveyance
or animal proves that it was, is being;, or is
about to be so used without the knowledge or
connivance of the owner himself, his agent, if
nny, and the person in-charge of the conveyance
or animal and that each of them had taken all
reasonable precautions against such use.
(2) The Adjudicating Authority shall permit
redemption of the confiscated conveyance or
animal used for the transport of goods or nasspn-
qers for hire upon payment of redemption
charges equivalent to the market value of such
conveyance or animal.
[File No. 21|11192-LS1
DR. P. L. SANJEEV REDDY, Director General
Foreign Trade and Ex-Officio Addl. Secy.
•T̂ rra' . swrtti'fTr
SCHEDUlF
(Sec rule 5)
Th(.*followlng]fTshallbulcvlab!cii) inspect of tlicjpplica-
tion for an Import licence i-tc.
SCALE OF FEE
SI. Particulars Amount of Fee
No.
1 2 3
1. Where the value of good1. Rupees two hundred
specified in application does
not exceed Rupees, fifty
thousand.
? Where the value of the Rupees two pet thousand or
goods specified In the app- part thereof subject to a minl-
licatjon exceed1 Rupees fifty mum of rupees two hundred
thousand but does not ex
ceed Rupee s One crore.
3. Where the value of the Rupees two per thousand or
Koods specified in the app- pari thereof subject to a
location exceeds rupet s one maxlmim of Rs. one lakh and
crore fifty thousand
4. Application fur gianiof R ipi^s v> hundred
duplicate licence
f. In case whereimport li- Rupees two hundred
cenco and other correspon
dence are required by Speed
Post.
6 Application for issue of an Rupecbtwo hundred
Tdcnt ty Carj.
"'. Applimticn forissueof Rupe sone hundred
duplicate Identity Card in
the event of loss of original
Card.
E. Extension of the period of Rupees Uvo hundred
shipment of an Import
] icencc
9, Application for grant of Rtfpces one thousand per S?lit
split-up licences. up licence
Note.—Theamountof fee payable shall be rupees tw > huad
red in respect of an application for import I icince by a 3 mi l
caic"actual user or a rsgistered exporter, for the import of ra^
materials, components and spares where the value of the gojdi
"rvjcifled Hi th^ apilicat on d^ss n^t Jxc;ad njpaes two hkhi .
Printed by the Manager, Govt, of India Press, Rin« Road, MayaJPuri New DdhM 10064
end PubUihed by the ControUer of Publications, Delhi-110054, 1994