Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi.
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):
- Existing para 4.4.1 is re-numbered as para 4.4.1 (a)
- 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
E-mail: [email protected]
(Issued from F. No. 01/94/180/51/AM14/PC-4)