Exim Policy Amendments
Exim Policy Amendments
the DGFT in matters related to the import and export of goods in India.
EXIM Policy
Indian EXIM Policy contains various policy related decisions taken by the government in the sphere
of Foreign Trade, i.e., with respect to imports and exports from the country and more especially
export promotion measures, policies and procedures related thereto. Trade Policy is prepared
and announced by the Central Government (Ministry of Commerce). India's Export Import Policy
also know as Foreign Trade Policy, in general, aims at developing export potential, improving
export performance, encouraging foreign trade and creating favorable balance of payments
position.
Exim Policy Committee to review the government previous export import policies. The committee
was later on approved by the Government of India. Mr. V. P. Singh, the then Commerce Minister
and announced the Exim Policy on the 12th of April, 1985. Initially the EXIM Policy was introduced
for the period of three years with main objective to boost the export business in India
An exporter uses the Handbook of Procedures Volume-I to know the procedures, the agencies
and the documentation required to take advantage of a certain provisions of the Indian EXIM
Policy. For example, if an exporter or importer finds out that paragraph 6.6 of the
Exim Policy is important for his export business then the exporter must also check out the same
paragraph in the Handbook of Procedures Volume- I for further details.
The Handbook of Procedures Volume-II provides very crucial information in matters related to
the Standard Input-Output Norms (SION). Such Input output norms are applicable for the
products such as electronics, engineering, chemical, food products including fish and
marine products, handicraft, plastic and leather products etc. Based on SION, exporters are
provided the facility to make duty-free import of inputs required for manufacture of export
products under the
Duty Exemption Scheme or Duty Remission Scheme.
The
Export Import Policy regarding import or export of a specific item is given in the ITC- HS Codes or
better known as
Indian Trade Clarification Code based on Harmonized System of Coding was adopted in India for
import-export operations. Indian
Custom uses an eight digit ITC-HS Codes to suit the national trade requirements. ITC-HS codes are
divided into two schedules. Schedule I describe the rules and
exim guidelines
related to import policies where as
Export Policy Schedule II describe the rules and regulation related to export policies. Schedule I
of the ITC-HS code is divided into 21 sections and each section is further divided into chapters.
The total number of chapters in the schedule I is 98. The chapters are further divided into sub-
heading under which different HS codes are mentioned.
ITC(Hs) Schedule II of the code contain 97 chapters giving all the details about the
Export Import Guidelines related to the export policies.
EXIM Policy. At the same time, all-out efforts are made to promote exports. Thus, there are two
aspects of Exim Policy; the import policy which is concerned with regulation and management of
imports and the export policy which is concerned with exports not only promotion but also
regulation. The main objective of the Government's EXIM Policy is to promote exports to the
maximum extent. Exports should be promoted in such a manner that the economy of the country
is not affected by unregulated exportable items specially needed within the country. Export
control is, therefore, exercised in respect of a limited number of items whose supply position
demands that their exports should be regulated in the larger interests of the country. In other
words, the main objective of the Exim Policy is:
To accelerate the economy from low level of economic activities to high level of economic
activities by making it a globally oriented vibrant economy and to derive maximum benefits from
expanding global market opportunities.
To stimulate sustained economic growth by providing access to essential raw materials,
intermediates, components,' consumables and capital goods required for augmenting production.
To enhance the techno local strength and efficiency of Indian agriculture, industry and services,
thereby, improving their competitiveness.
To generate new employment.
Opportunities and encourage the attainment of internationally accepted standards of quality.
To provide quality consumer products at reasonable prices.
Governing Body of Exim Policy
The Government of India notifies the Exim Policy for a period of five years (1997-2002) under
Section 5 of the Foreign Trade (Development and Regulation Act), 1992. The current
Export Import Policy covers the period 2002-2007. The Exim Policy is updated every year on the
31st of March and the modifications, improvements and new schemes became effective from 1st
April of every year.
All types of changes or modifications related to the EXIM Policy is normally announced by the
Union Minister of Commerce and Industry who co-ordinates with the Ministry of Finance, the
Directorate General of Foreign Trade
and network of
Dgft Regional
Offices.
In order to
liberalize imports and boost exports, the Government of India for the first time introduced the
Indian Exim Policy on April I, 1992. In order to bring stability and continuity, the Export Import
Policy was made for the duration of 5 years. However, the Central Government reserves the right
in public interest to make any amendments to the trade Policy in exercise of the powers conferred
by Section-5 of the Act. Such amendment shall be made by means of a Notification published in
the Gazette of India.
Export Import Policy is believed to be an important step towards the economic reforms of India.
The principal objectives of the Export Import Policy 1997 -2002 are as under:
To accelerate the economy from low level of economic activities to high level of economic
activities by making it a globally oriented vibrant economy and to derive maximum benefits from
expanding global market opportunities.
To motivate sustained economic growth by providing access to essential raw materials,
intermediates, components,' consumables and capital goods required for augmenting
production.
To improve the technological strength and efficiency of Indian agriculture, industry and services,
thereby, improving their competitiveness.
To create new employment. Opportunities and encourage the attainment of internationally
accepted standards of quality.
To give quality consumer products at practical prices.
Highlights of the Exim Policy 1997-2002
• This policy is valid for five years instead of three years as in the case of earlier policies. It is
effective from 1st April 1997 to 31st March 2002.
2. Liberalization
3. Imports Liberalization
• Of 542 items from the restricted list 150 items have been transferred to Special Import Licence
(SIL) list and remaining 392 items have been transferred to Open General Licence (OGL) List.
• Under Advance License Scheme, the period for export obligation has been extended from 12
months to 18 months.
• A further extension for six months can be given on payment of 1 % of the value of unfulfilled
exports.
Preamble
Legal Framework
Special Focus Initiatives
Board Of Trade
General Provisions Regarding Imports And Exports
Promotional Measures
Duty Exemption / Remission Schemes
Export Promotion Capital Goods Scheme
Export Oriented Units (EOUs),Electronics Hardware Technology Parks (EHTPS), Software
Technology Parks (STPs) and Bio-Technology Parks (BTPs)
Special Economic Zones
Free Trade & Warehousing Zones
Deemed Exports
Permeable of Exim Policy 2004-2009: It is a speech given by the Ministry of Commerce and
Industries. The speech for the Exim Policy 2004-2009 was given by Kamal Nath, on 31ST AUGUST,
2004.
1.1 Preamble
The Preamble spells out the broad framework and is an integral part of the Foreign Trade Policy.
1.2 Duration
In exercise of the powers conferred under Section 5 of The Foreign Trade (Development and
Regulation Act), 1992 (No. 22 of 1992), the Central Government hereby notifies the Exim Policy
for the period 2004-2009 incorporating the Export Import Policy for the period 2002-2007, as
modified. This Policy shall come into force with effect from 1st September, 2004 and shall remain
in force up to 31st March, 2009, unless as otherwise specified.
1.3 Amendments
The Central Government reserves the right in public interest to make any amendments to this
Policy in exercise of the powers conferred by Section-5 of the Act. Such amendment shall be made
by means of a Notification published in the Gazette of India.
Licenses, certificates and permissions issued before the commencement of this Policy shall
continue to be valid for the purpose and duration for which such licence; certificate or permission
was issued unless otherwise stipulated.
Government of India shall make concerted efforts to promote exports in these sectors by specific
sectoral strategies that shall be notified from time to time.
BOT has a clear and dynamic role in advising government on relevant issues connected with
foreign trade.
To advise Government on Policy measures for preparation and implementation of both short and
long term plans for increasing exports in the light of emerging national and international
economic scenarios;
To review export performance of various sectors, identify constraints and suggest industry
specific measures to optimize export earnings;
To examine existing institutional framework for imports and exports and suggest practical
measures for further streamlining to achieve desired objectives;
To review policy instruments and procedures for imports and exports and suggest steps to
rationalize and channelize such schemes for optimum use;
To examine issues which are considered relevant for promotion of India’s foreign trade, and to
strengthen international competitiveness of Indian goods and services; and
To commission studies for furtherance of above objectives.
General Provisions Regarding Exports and Imports of Exim Policy 2004-2009
The Export Import Policy relating to the general provisions regarding exports and Imports is given
in Chapter-2 of the Exim Policy.
Countries of Imports/Exports - Unless otherwise specifically provided, import/ export will be valid
from/to any country. However, import/exports of arms and related material from/to Iraq shall be
prohibited.
The above provisions shall, however, be subject to all conditionality, or requirement of licence, or
permission, as may be required under Schedule II of ITC (HS).
The Government of India has set up several institutions whose main functions are to help an
exporter in his work. It would be advisable for an exporter to acquaint him with these institutions
and the nature of help that they can provide so that he can initially contact them and have a clear
picture of what help he can expect of the organized sources in his export effort. Some of these
institution are as follows.
Duty Drawback: - The Duty Drawback Scheme is administered by the Directorate of Drawback,
Ministry of Finance. Under Duty Drawback scheme, an exporter is entitled to claim
Indian Customs Duty paid on the imported goods and Central Excise Duty paid on indigenous raw
materials or components.
Excise Duty Refund: - Excise Duty is a tax imposed by the Central Government on goods
manufactured in India. Excise duty is collected at source, i.e., before removal of goods from the
factory premises. Export goods are totally exempted from central excise duty.
Octroi Exemption: - Octroi is a duty paid on manufactured goods, when they enter the municipal
limits of a city or a town. However, export goods are exempted from Octroi.
The Duty Remission Scheme enables post export replenishment/ remission of duty on inputs used
in the export product.
DFRC
Under the Duty Free Replenishment Certificate (DFRC) schemes, import incentives are given to
the exporter for the import of inputs used in the manufacture of goods without payment of basic
customs duty. Duty Free Replenishment Certificate (DFRC) shall be available for exports only up to
30.04.2006 and from 01.05.2006 this scheme is being replaced by the
DFIA: Effective from 1st May, 2006, Duty Free Import Authorisation or DFIA in short is issued to
allow duty free import of inputs which are used in the manufacture of the export product (making
normal allowance for wastage), and fuel, energy, catalyst etc. which are consumed or utilised in
the course of their use to obtain the export product. Duty Free Import Authorisation is issued on
the basis of inputs and export items given under Standard Input and Output Norms(SION).
Capital goods imported under EPCG Scheme are subject to actual user condition and the same
cannot be transferred /sold till the fulfillment of export obligation specified in the licence. In
order to ensure that the capital goods imported under EPCG Scheme, the licence holder is
required to produce certificate from the jurisdictional
Central Excise Authority (CEA) or Chartered Engineer (CE) confirming installation of such capital
goods in the declared premises.
The area under 'SEZ' covers a broad range of zone types, including Export Processing Zones (EPZ),
Free Zones (FZ), Industrial Estates (IE), Free Trade Zones (FTZ), Free Ports, Urban Enterprise
Zones and others.
In Indian, at present there are eight functional Special Economic Zones located at Santa Cruz
(Maharashtra), Cochin (Kerala), Kandla and Surat (Gujarat), Chennai (Tamil Nadu), Visakhapatnam
(Andhra Pradesh), Falta (West Bengal) and Noida (Uttar Pradesh) in India. Further a Special
Economic Zone at Indore ( Madhya Pradesh ) is also ready for operation.
All these 5 rewarding merchandise exports with different kinds of duty scrips, with varying
conditions (sector-specific or actual user only) attached to their use, have been merged into a
single scheme titled Merchant Export From India Scheme (MEIS).
There would be no conditionality attached to the scrips issued under MEIS. Annexure I has
been issued to indicate main features of MEIS, including details of various groups of products
supported under MEIS and the country grouping.
Notified goods exported to notified markets would be rewarded on realised FOB value of
exports.