General controls on exports

The Foreign Trade (Development and Regulation) Act 1992 (FTDR Act) empowers the government of
India to formulate the export policy and to issue orders

 prohibiting,
 restricting or otherwise
 regulating the export of goods.

As per the Foreign Trade Policy of India 2015-2020 (FTP), exports and imports shall be ‘free’ except
when regulated by way of ‘prohibition’, ‘restriction’ or ‘exclusive trading through State Trading
Enterprises (STEs)’ as laid down in the Indian Trade Classification (Harmonized System) (ITC (HS)) of
Exports and Imports. The import and export policies for all goods are indicated against each item in
the ITC (HS). Schedule 2 of the ITC (HS) lays down the Export Policy regime.

Goods that are classified as prohibited are not permitted to be exported.

Restricted items can be permitted for export only in accordance with an authorisation, permission or
licence granted by the DGFT or in accordance with the procedure prescribed in a Notification/Public
Notice issued by the government.

There are some items that are ‘free’ for export, but subject to conditions stipulated in other Acts or
in law for the time being in force (Paragraph 2.01(b) of the FTP).

Export of items that do not require any authorisation, permission or licence from the DGFT has been
denoted as ‘Free’ under the ITC (HS), subject to the policy conditions contained, if any, under the
relevant chapter heading or sub-heading or conditions stipulated in other acts or in law for the time
being in force. Further,

Restrictions and prohibitions are applicable on export of certain classes of goods to specified
countries.

In addition to the prohibitions and restrictions prescribed in the FTDR Act, the FTP and Export Policy
(Schedule 2 of ITC (HS)), export of goods are also subject to conditions stipulated in other acts or in
law for the time being in force.

While exporting, an exporter must file a shipping bill with the customs authorities at the port
declaring the description, nature and quantity of the goods under export.

The said shipping bill must be accompanied by a packing list and invoice. Once the said documents
are verified by the customs authorities, the goods may be exported.

While most products are not subject to an export duty, there are a few exceptions, such as coffee,
tea, black pepper, sugar, iron ore and its concentrates, raw cotton, raw wool, specific jute items, and
certain goods of iron or steel (tubes and pipes, bars and rods).

Customs

Controls with respect to documentation pertaining to import or export are regulated by Customs,
DGFT

Controls in relation to licensing and corresponding related documents are regulated by the DGFT.

Levy and collection of customs duties, Integrated Goods and Service Tax and surcharge is undertaken
by the customs officers appointed under the provisions of the Customs Act 1962. Documentation
requirements necessary for the import and export of goods are also regulated under the Customs
Act 1962 and rules framed thereunder and are verified by the customs officers at the port of import
or export.

Requirements pertaining to import licences, conditions on import or export, notification of restricted

goods or prohibited goods for import and export etc are all regulated by the DGFT under the
provisions of the FTDR Act read together with the Foreign Trade Policy 2015-2020

Special controls

Separate controls are applicable to specific products

Exporters in such cases must obtain a permit in the form of an export licence from the DGFT before
exporting these specific products. Items falling into the category of special chemicals, organisms,
materials, equipment and technologies (SCOMET) can be exported pursuant to the fulfilment of
certain conditions. The conditions imposed on items falling under SCOMET require, among other
things, that any export of SCOMET items shall be in compliance with the Weapons of Mass
Destruction and their Delivery System (Prohibition of Unlawful Activities) Act 2005;

Units engaged in the export of SCOMET items need to obtain prior central government approval
before foreign government representatives or foreign private parties make any site visits; and the
application should be accompanied by an end-use certificate.

Certain chemicals can be exported to countries that are party to the Chemical Weapons Convention
and the DGFT may require a copy of the bill of entry evidencing shipment to the destination country
within 30 days of delivery.

Supply-chain-security
WCO---World-Customs-Organization
SAFE Framework - SAFE Framework of Standards to Secure and Facilitate Global Trade.

At the June 2005 World Customs Organization Council Sessions in Brussels, WCO Members adopted
the SAFE Framework of Standards to Secure and Facilitate Global Trade.

This unique international instrument ushered in modern supply chain security standards and
heralded the beginning of a new approach to the end-to-end management of goods moving across
borders while recognizing the significance of a closer partnership between Customs and business.

The Framework has since been regularly updated to effectively address new and emerging
developments in the international supply chain.

Updated in 2021 India has implemented WCO’s SAFE Framework of Standards. The government of
India notified the authorised economic operator (AEO) programme in India on 23 August 2011
Any importer or exporter can apply for AEO status provided the applicant has been financially
solvent for three years prior to the year of application.

The application must be accompanied by a process map, security plan, site plan and self-assessment
form. Pursuant to the application, an AEO programme team will examine the applicant’s record of
compliance for the past four years to ensure adherence to customs, central excise and service tax
laws, as well as allied laws

In addition, the applicant should also have a satisfactory system of managing commercial and
transport records, a mechanism for ensuring the safety and security of the business and supply chain
and a proper mechanism for cargo, conveyance, premises and personnel safety.

Once the application is considered to be valid on the above grounds, the application is sent to the
AEO team for conducting a pre-certification audit at the applicant’s premises. Satisfaction with the
above requirements leads to the granting of AEO status.

Applicable countries

• Restriction on exports to certain countries is provided under the Foreign Trade Policy 2015-
2020 which is notified under section 5 of the Foreign Trade (Development and Regulation)
Act 1992.

• The notified countries are Iraq (prohibition on export of arms and related material), the
Islamic State in Iraq and the Levant, also known as Daesh (trade in oil and refined oil
products, modular refineries and related materials, besides items of cultural (including
antiquities), scientific and religious importance is prohibited with the Islamic State in Iraq
and the Levant),

• Democratic People’s Republic of Korea (direct or indirect export of all items, materials,
equipment, goods and technology that could contribute to Korea’s nuclear-related, ballistic
missile-related or other weapons of mass destruction-related programmes, and luxury
goods, including but not limited to items specified in Annex IV of UN Security Council
Resolution 2094 (2013)),

• Iran (direct or indirect export to Iran or import from Iran of any items, materials, equipment,
goods or technology mentioned in INFCIRC/254/Rev.9/Part I and INFCIRC/254/ Rev.7/Part 2
(IAEA Documents) as updated by the IAEA from time to time and S/2015/546 (UN Security
Council document) as updated by the Security Council from time to time) and

• Somalia (direct or indirect import of charcoal is prohibited from Somalia).

Penalties

• The possible penalties include seizure and confiscation of goods, penalties on the exporter,
and suspension or cancellation of the export licence.

Import controls
• Import controls are any restrictions that a nation puts on the goods that are brought within
its borders.

• These will include regulations governing the preferential rules of origin, recycling of
packaging materials, ingredients subject to import controls, and prohibited substances.

Import Licensing Requirements

• Import Licensing Requirements

Over the last decade, India has steadily made the process of importing products easier. Most
items fall within the scope of India’s Open General License regulations. This means that
products are deemed to be freely importable without restrictions and without a license
unless they are regulated by the provisions of the policy or applicable laws.

Imports of items not covered by an Open General License are regulated and fall into three
categories: banned or prohibited items; restricted items requiring an import license; and
“canalized” items, importable only by government trading monopolies and subject to
Cabinet approval regarding timing and quantity

Designated import certificate issuing authorities:

• The Department of Electronics for computer and computer-based systems

• The Department for the Promotion of Industry and Internal Trade (DPIIT), Technical Support
Wing (TSW), for organized sector units registered under it, except for computers and
computer-based systems

• The Ministry of Defense (MoD) for defense-related items

• The Director General of Foreign Trade (DGFT) for small-scale industries not covered above as
well as on behalf of any of the above

• The Embassy of India in Washington, DC on behalf of any of the above authorities.

• Capital goods can be imported with a license under the Export Promotion Capital Goods plan
(EPCG) at reduced rates of duty, subject to the fulfillment of a time-bound export obligation.
The EPGC plan now applies to all industry sectors. It is also applicable to all capital goods
without any threshold limits, on payment of a five percent customs duty.

• A duty exemption plan is also offered under which imports of raw materials, intermediates,
components, consumables, parts, accessories and packing materials required for direct use
in products to be exported may be permitted free of duty under various categories of
licenses.

• For the actual user, a non-transferable advance license is one such license. For those who
do not wish to go through the advance-licensing route, a post-export duty-free
replenishment certificate is available.
 Import and Export Procedures in India
In India, imports and exports are regulated by the Foreign Trade (Development and
Regulation) Act, 1992, which empowers the federal government to make provisions for the
development and regulation of foreign trade. The current provisions relating to exports and
imports in India are available under the Foreign Trade Policy, 2023.

Import procedures

Typically, the procedure for import and export activities involves ensuring licensing and
compliance before the shipping of goods, arranging for transport and warehousing after the
unloading of goods, getting customs clearance and paying taxes before the release of goods

Steps involved in importing goods.

1. Obtain e-IEC

Prior to importing from India, every business must first obtain an electronic Import Export
Code (IEC), a 10-digit number, from the Directorate General of Foreign Trade (DGFT). IEC is
mandatorily required for clearing customs, sending shipments, and sending or receiving
money in foreign currency. However, it is not necessary for service exports unless the service
provider is seeking benefits under the Foreign Trade Policy.

Documents required for an IEC application

a) Proof of establishment/incorporation/registration:

Partnership

Registered Society

Trust

Hindu Undivided Family

Others

b) Proof of address can be any one of the following documents:

• Sale Deed, rent agreement, lease deed, electricity bill, telephone land line bill, mobile,
postpaid bill, MoU, Partnership deed.

• Other acceptable documents (for proprietorship only): Aadhar card, passport, voter ID.

• In case the address proof is not in the name of the applicant firm, a no objection certificate
(NOC) by the firm premises owner in favor of the firm along with the address proof is to be
submitted as a single PDF documen

• c) Proof of firm’s bank account

• During the import-export code registration process, the DGFT instantly confirms all
information with the Income Tax Department. This means that the IEC certificate can be
generated in a single day. Prior to 2021, an IEC certificate was valid for the entire length of
that business. However, this was later changed in a notification sent out in February 2021
which made IEC renewal necessary. This notice states that every holder of an IEC number
has to renew their IEC certificate annually between April and June

2. Ensure legal compliance under different trade laws

• Once an IEC is allotted, businesses may import goods that are compliant with Section 11 of
the Customs Act (1962), Foreign Trade (Development & Regulation) Act (1992), and the
Foreign Trade Policy, 2023.

• However, certain items – not covered by an Open General License, are subject to regulation
and can be divided into three categories: items that are restricted and require an import
license; items that are banned or prohibited; and items that are “canalized,” meaning that
only government-led companies are allowed to import them and that timing and quantity
approval from the cabinet are required.

• 3. Procure import licenses

• To determine whether a license is needed to import a particular commercial product or

service, an importer must first classify the item by identifying its Indian Trading Clarification
based on a Harmonized System of Coding or ITC (HS) classification.

ITC (HS) is India’s chief method of classifying items for trade and import-export operations.
The ITC-HS code, issued by the DGFT, is an 8-digit alphanumeric code representing a certain
class or category of goods, which allows the importer to follow regulations concerned with
those goods. Within the 8-digit code, the first 6-digit are common as per the World Customs
Organisation (WCO) with an additional 2-digit for added specificity

It is significant to note that the ITC (HS) Schedule I and Schedule II, respectively, outline the
item-by-item import/export policy. The policy in effect on the date of import or export
determines an item’s importability and exportability.

An import license may be either a general license or specific license. Under a general license,
goods can be imported from any country, whereas a specific or individual license authorizes
import only from specific countries.

Import licenses are used in import clearance, renewable, and typically valid for 24 months
for capital goods or 18 months for raw materials components, consumables, and spare parts.

4. File Bill of Entry and other documents to complete customs clearing formalities

After obtaining import licenses, importers are required to furnish an import declaration in
the prescribed Bill of Entry along with permanent account number (PAN) based Business
Identification Number (BIN), as per Section 46 of the Customs Act (1962
• A Bill of Entry gives information on the exact nature, precise quantity, and value of goods
that have landed or entered inwards in the country.

• If the goods are cleared through the Electronic Data Interchange (EDI) system, no formal Bill
of Entry is filed as it is generated in the computer system. However, the importer must file a
cargo declaration after prescribing particulars required for processing of the entry for
customs clearance.

• If the Bill of Entry is filed without using the EDI system, the importer is required to submit
supporting documents that include certificate of origin, certificate of inspection, bill of
exchange, commercial invoice cum packing list, among others.

• Once the goods are shipped, the customs officials examine and assess the information
furnished in the bill of entry and match it with the imported items. If there are no
irregularities, the officials issue a ‘pass out order’ that allows the imported goods to be
replaced from the customs.

• 5. Determine import duty rate for clearance of goods

• India levies basic customs duty on imported goods, as specified in the first schedule of the
Customs tariff Act, 1975, along with goods-specific duties such as anti-dumping duty,
safeguard duty, and social welfare surcharge.

• In addition to these, the government levies an integrated goods and services tax (IGST)
under the new GST system. The IGST rates depend on the classification of imported goods as
specified in Schedules notified under Section 5 of the IGST Act (2017).

Export procedures
• Just as for imports, a company planning to engage in export activities is required to obtain
an IEC number from the regional joint DGFT. After obtaining the IEC, the exporter needs to
ensure that all the legal compliance requirements are met under different trade laws.

• Further, the exporter must check if an export license is required, and accordingly apply for
the license to the DGFT.

An exporter is also required to register with the Indian Chamber of Commerce (ICC), which
issues the Non-Preferential Certificates of Origin certifying that the exported goods are
originated in

• In 2023, the DGFT launched the Advance Authorisation Scheme under the Foreign Trade
Policy, enabling duty-free import of inputs for export. The eligibility of inputs is determined
by Sector-specific Norms Committees based on input-output norms. The scheme offers a
grace period for exporters who, as holders of Advance and EPCG (Export Promotion for
Capital Goods) Authorizations, default on their export obligations once.

• Import and export documents

• Businesses are required to submit a set of documents for carrying out export and import
activities in India.

• These include commercial documents – the ones exchanged between the buyer and seller,
and regulatory documents that deal with various regulatory authorities such as the customs,
excise, and licensing authorities, as well as the export promotion bodies that help avail
export import benefits.

• The Foreign Trade Policy, 2023 mandates the following commercial documents for carrying
out importing and exporting activities:

• For export of goods from India

• For import of goods into India

• 1. Bill of Lading/ Airway Bill/ Lorry Receipt/ Railway Receipt/ Postal Receipt

• 2. Commercial Invoice cum Packing List*

• 3. Shipping Bill/Bill of Export/ Postal Bill of Export

• For export of goods

• 1. Bill of Lading/Airway Bill/ Lorry Receipt/ Railway Receipt/ Postal Receipt in form CN-22 or
CN 23 as the case may be.

• 2. Commercial Invoice cum Packing List**

• 3. Bill of Entry

• Additional documents like certificate of origin and inspection certificate may be required as
per the case.

• The important regulatory documents include:

• GST return forms (GSTR 1 and GSTR 2);

• GSTR refund form;

• Exchange Control Declaration;

• Bank Realization Certificate; and

• Registration cum Membership Certificate (RCMC).

• In accordance with the foreign trade policy, exporters need a RCMC to access policy
benefits. Having this certificate also enables exporters to avail advantages related to
customs and excise. Export promotion councils and commodity boards are the entities
responsible for issuing this certificate.

• Launch of the Indian Customs Compliance Information Portal

• The Central Board for Indirect Taxes and Customs (CBIC) launched the Indian Customs
Compliance Information Portal (CIP) in 2021 to provide free access to information on all
Customs procedures and regulatory compliance for nearly 12,000 Customs Tariff Items

• In accordance with the foreign trade policy, exporters need a RCMC to access policy
benefits. Having this certificate also enables exporters to avail advantages related to
customs and excise. Export promotion councils and commodity boards are the entities
responsible for issuing this certificate.

• Launch of the Indian Customs Compliance Information Portal

• The Central Board for Indirect Taxes and Customs (CBIC) launched the Indian Customs
Compliance Information Portal (CIP) in 2021 to provide free access to information on all
Customs procedures and regulatory compliance for nearly 12,000 Customs Tariff Items

• The CIP is a facilitation tool that allows interested persons to stay up-to-date with
information on the legal and procedural requirements of India’s customs authorities and
regulatory government agencies (FSSAI, AQIS, PQIS, Drug Controller, etc.) for carrying out
imports and exports. The portal will provide complete knowledge of all import and export-
related requirements for all items covered under the Customs Tariff, thereby improving the
ease of doing cross border trade.

• When using the CIP portal, one can simply enter either the Customs Tariff Heading (CTH) or
the description of the goods in question to get information on step-by-step procedures,
regulatory compliances requirements like license, certificates, etc., for imports as well as
exports. This includes import and export through posts and courier, import of samples,
reimport and reexport of goods, self-sealing facility for exporters and project imports.

• Another important feature of the CIP is a pan India map showing all the Customs seaports,
airports, and land customs stations etc. It also contains addresses of the regulatory agencies
and their websites.

The Foreign Trade (Development and Regulation) Act, 1992

The Foreign Trade (Development and Regulation) Act, 1992

The foreign policy of India is governed and regulated by the Foreign Trade
(Development and Regulation) Act, 1992.

It has replaced the Import and Exports (Control) Act, 1947.

Currently exports and imports in India is regulated and managed by the Foreign Trade
(Development and Regulation) Act, 1992

• This act has bestowed on Government of India enormous powers to control import
export policy. Considered as supreme legislation for foreign trade in the country the
Act has been incorporated with a major intention to provide a proper framework as to
 the development and standardization of the foreign trade by facilitating imports and
enhancing the exports in the country and all matters related to exports and imports

POWER OF CENTRAL GOVERNMENT TO MAKE ORDER AND

ANNOUNCE [FOREIGN TRADE POLICY]

Powers to make provisions relating to imports and exports.

(1) The Central Government may, by Order published in the Official Gazette, make
provision for the development and regulation of foreign trade by facilitating imports
and increasing exports.

• Continuance of existing orders.—All Orders made under the Imports and Exports
(Control) Act, 1947 (18 of 1947), and in force immediately before the commencement
of this Act shall, so far as they are not inconsistent with the provisions of this Act,
continue to be in force and shall be deemed to have been made under this Act.

• Foreign Trade Policy.—The Central Government may, from time to time, formulate
and announce, by notification in the Official Gazette, the foreign trade policy

• Appointment of Director General and his functions.—(1) The Central Government

may appoint any person to be the Director General of Foreign Trade for the purposes
of this Act.

• (2) The Director General shall advise the Central Government in the formulation
of[foreign trade policy] and shall be responsible for carrying out that policy.

IMPORTER-EXPORTER CODE NUMBER AND LICENCE

Importer-exporter Code Number.—No person shall make any import or export except
under an Importer-exporter Code Number granted by the Director General or the
officer authorised by the Director General in this behalf, in accordance with the
procedure specified in this behalf by the Director General:

• Suspension and cancellation of Importer-exporter Code Number.—1

[(1) Where—

(a) any person has contravened any of the provisions of this Act or any rules or orders
made

thereunder or the foreign trade policy or any other law for the time being in force
relating to Central

excise or customs or foreign exchange or has committed any other economic offence
under any other

law for the time being in force as may be specified by the Central Government by
notification in the
Official Gazette; or

(b) the Director General or any other officer authorised by him has reason to believe
that any

person has made an export or import in a manner prejudicial to the trade relations of
India with any

foreign country or to the interests of other persons engaged in imports or exports or

has brought

disrepute to the credit or the goods of, or services or technology provided from, the
country; or

c) any person who imports or exports specified goods or services or technology, in

contravention of any provision of this Act or any rules or orders made thereunder or
the foreign trade policy, the Director General or any other officer authorised by him
may call for the record or any other information from that person and may, after
giving to that person a notice in writing informing him of the grounds on which it is
proposed to suspend or cancel the Importer-exporter Code Number and after giving
him a reasonable opportunity of making a representation in writing within such
reasonable time as may be specified in the notice and, if that person so desires, of
being heard, suspend for a period, as may be specified in the order, or cancel the
Importer-exporter Code Number granted to that person.]

Issue, suspension and cancellation of licence.—

The Central Government may levy fees, subject to such exceptions, in respect of such
person or class of persons making an application for [licence, certificate, scrip or any
instrument bestowing financial or fiscal benefits] of in respect of any [licence,
certificate, scrip or any instrument bestowing financial or fiscal benefits] granted or
renewed in such manner as may be prescribed.

QUANTITATIVE RESTRICTIONS

Power of Central Government to impose quantitative restrictions.—(1) If the Central

Government, after conducting such enquiry as it deems fit, is satisfied that any goods
are imported into India in such increased quantities and under such conditions as to
cause or threaten to cause serious injury to domestic industry, it may, by notification
in the Official Gazette, impose such quantitative restrictions on the import of such
goods as it may deem fit:

SEARCH, SEIZURE, PENALTY AND CONFISCATION

Power relating to search and seizure.

The Central Government may, by notification in the Official Gazette, authorise any
person for the purposes of exercising such powers with respect to,—
(a) entering such premises where the goods are kept, stored or processed,
manufactured, traded or

supplied or received for the purposes of import or export and searching, inspecting
and seizing of such goods, documents, things and conveyances connected with such
import and export of goods;

(b) entering such premises from which the services or technology are being provided,
supplied, received, consumed or utilised and searching, inspecting and seizing of such
goods, documents, things and conveyances connected with such import and export of
services and technology, subject to such requirements and conditions and with the
approval of such officer, as may be prescribed.

Contravention of provisions of this Act, rules, orders and foreign trade policy.

No export or import shall be made by any person except in accordance with the
provisions of this Act, the rules and orders made thereunder and the foreign trade
policy for the time being in force.

Crediting sums realised by way of penalties in Consolidated Fund of India.—

All sums realised by way of penalties under this Act shall be credited to the
Consolidated Fund of India.

Empowering Settlement Commission for regularisation of export obligation default.

—

Settlement of customs duty and interest thereon as ordered by the Settlement

Commission as constituted under section 32 of the Central Excise Act, 1944 (1 of
1944), shall be deemed to be a settlement under this Act.]

Penalty or confiscation not to interfere with other punishments.—No penalty imposed

or confiscation made under this Act shall prevent the imposition of any other
punishment to which the person affected thereby is liable under any other law for the
time being in force

Adjudicating Authority.

Any penalty may be imposed or any confiscation may be adjudged under this Act by
the Director General or, subject to such limits as may be specified, by such other
officeras the Central Government may, by notification in the Official Gazette,
authorise in this behalf.

Giving of opportunity to the owner of the [goods (including the goods connected with
services or technology)], etc.

No order imposing a penalty or of adjudication of confiscation shall be made unless

the owner of the [goods (including the goods connected with services or technology)]
 or conveyance, or other person concerned, has been given a notice in writing—
informing him of the grounds on which it is proposed to impose a

CONTROLS ON EXPORT OF SPECIFIED GOODS, SERVICES AND

TECHNOLOGY

(1) In regard to controls on export of specified goods, services and technology

referred to in this Chapter, the Weapons of Mass Destruction and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) shall apply to
exports, transfers, re-transfers, brought in transit, trans-shipment of, and brokering in
specified goods, technology or services.

• (2) All terms, expressions or provisions of the Weapons of Mass Destruction and their
Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) shall
apply to the specified goods, services or technology with such exceptions,
modifications and adaptations as may be specified by the Central Government by
notification in the Official Gazette.

(3) The Central Government may, by notification in the Official Gazette, direct that any
of the

provisions of this Chapter—

(a) shall not apply to any goods, services or technologies, or

(b) shall apply to any goods, services or technologies with such exceptions, modifications
and adaptations as may be specified in the notification.

Transfer controls.

(1) The Central Government may, by notification in the Official Gazette, make rules in
conformity with the provisions of the Weapons of Mass Destruction and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) for, or, in connection
with, the imposition of controls in relation to transfer of specified goods, services or
technology.

(2) No goods, services or technology notified under this Chapter shall be exported,
transferred, re-transferred, brought in transit or transshipped except in accordance with
the provisions of this Act, the Weapons of Mass Destruction and their Delivery Systems
(Prohibition of Unlawful Activities) Act, 2005

Catch-all controls.—No person shall export any material, equipment or technology

knowing that such material, equipment or technology is intended to be used in the design
or manufacture of a biological weapon, chemical weapon, nuclear weapon or other
nuclear explosive device, or in their missile delivery systems.

Suspension or cancellation of a licence.—

 Offences and penalties.—

(1) In case of a contravention relating to specified goods, services or

technologies, the penalty shall be in accordance with the provisions of the Weapons of
Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities)
Act, 2005 (21 of 2005).

• (2) Where any person contravenes or attempts to contravene or abets, any of the
provision(s) in relation to import or export of any specified goods or services or
technology, he shall, without prejudice to any penalty which may be imposed on him,
be punishable with imprisonment for a term

stipulated in the Weapons of Mass Destruction and their Delivery Systems

(Prohibition of Unlawful Activities) Act, 2005 (21 of 2005).

(3) No court shall take cognizance of any offence punishable under this Chapter
without the previous sanction of the Central Government or any officer authorised in
this behalf by the Central Government by general or special order.]

• APPEAL

Any person aggrieved by any decision or order made by the Adjudicating Authority

under this Act may prefer an appeal,—

(a) where the decision or order has been made by the Director General, to the Central
Government;

(b) where the decision or order has been made by an officer subordinate to the
Director General, to the Director General or to any officer superior to the
Adjudicating Authority authorised by the Director General to hear the appeal

• Review.—The Central Government, in the case of any decision or order made by the
Director General, or the Director General in the case of any decision or order made by
any officer subordinate to him, may on its or his own motion or otherwise, call for and
examine the records of any proceeding,

• Powers of Adjudicating and other Authorities.

(1) Every authority making any adjudication or hearing any appeal or exercising any
powers under this Act shall have all the powers of a

civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in
respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

 (b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or docum

• Powers of Adjudicating and other Authorities.

(1) Every authority making any adjudication or hearing any appeal or exercising any
powers under this Act shall have all the powers of a

civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit, in
respect of the following matters, namely:—

(a) summoning and enforcing the attendance of witnesses;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record or copy thereof from any court or office;

(d) receiving evidence on affidavits; and

(e) issuing commissions for the examination of witnesses or documents

• MISCELLANEOUS

Protection of action taken in good faith.—No order made or deemed to have been
made under

this Act shall be called in question in any court, and no suit, prosecution or other legal
proceeding shall lie against any person for anything in good faith done or intended to
be done under this Act or any order made or deemed to have been made thereunder.

Application of other laws not barred.—The provisions of this Act shall be in addition
to,

and not in derogation of, the provisions of any other law for the time being in force.]

19. Power to make rules.—(1) The Central Government may, by notification in the
Official Gazette, make rules for carrying out the provisions of this Act.