Exim Policy chapter 2 General Provisions for Export Import.









Exports and Imports free unless regulated : 2.1  Exports and Imports shall be free, except where regulated by FTP or any other law in force. The item wise export and import policy shall be, as specified in ITC (HS) notified by DGFT, as amended from time to time. Import of rough diamond from Cote d’Ivoire shall be prohibited in compliance to Paragraph 6 of UN Security Council Resolution (UNSCR) 1643(2005).
2.1.1 Import / export of arms and related material from / to Iraq shall be prohibited.
2.1.2 Direct or indirect export and import of following items, whether or not originating in Democratic People’s Republic of Korea (DPRK),to / from DPRK is prohibited:

All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814,S/2006/815 and S/2006/
853(United Nations Security Council Documents) which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.
2.1.3 Direct or indirect export and import
of all items, materials, equipment, goods and technology which could contribute to Iran’s enrichment- related, reprocessing or heavy water related activities, or to development of nuclear weapon delivery systems, as mentioned below, whether or not originating in Iran, to / from Iran is prohibited:



i) items, listed in INFCIRC/254/Rev8/Part I in document S/2006/
814, in Sections B.2 to B.7 as well as A.I and B.I except supply, sale
or transfer of equipment covered by B.I when such equipment
is for light water reactors and low-enriched uranium covered by A.1.2
when it is incorporated in assembled nuclear fuel elements for such reactors;



ii) items listed in S/2006/815 except supply sale or transfer of items covered by 19.A.3 of Category II.



Above-mentioned UN Security Council documents are accessible from DGFT web site.


Compliance with Laws :
2.2 Every exporter or importer shall comply with the provisions of FT (D&R) Act, the Rules and Orders made there-under, FTP and terms and conditions of any Authorisation granted to him. All imported goods shall also be subject to domestic Laws, Rules, Orders, Regulations, technical specifications, environmental and safety norms as applicable to domestically produced goods. No import or export of rough diamonds shall be permitted unless accompanied by Kimberley Process (KP) Certificate as specified by Gem &Jewellery EPC (GJEPC).
Interpretation of Policy : 2.3  If any question or doubt arises in respect of interpretation of any provision contained in FTP, or classification of any item in ITC (HS) or HBP-v1 or HBP-v2, or Schedule of DEPB Rates (including content, scope or issue of an authorization there under), said question or doubt shall be referred to DGFT whose decision thereon shall be final and binding.
Procedure 2.4 DGFT may, specify procedure to be followed for an exporter or importer or by any licensing or any other competent authority for purpose of implementing provisions of FT (D&R) Act, the Rules and the Orders made there under and FTP. Such procedures shall be published by means of a Public Notice, and may, in like manner, be amended from time to time.

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