To be Published in the Gazette of India Extraordinary
Part-II, Section - 3, Sub-Section (ii)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Notification No 08 (RE–2013)/2009-2014
New Delhi, Dated: 22nd April, 2013
Subject: Grievance Redressal.
S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), read with paragraph 2.1 of the Foreign Trade Policy, 2009-2014, as amended from time to time, the Central Government hereby substitutes the contents of the existing Para 2.49.2 of Foreign Trade Policy 2009-14 as under;
“2.49.2 Personal Hearing by DGFT
a) Paragraph 2.5 of FTP contains the provision for relaxation of Policy and Procedures on grounds of genuine hardship and adverse impact on trade. DGFT may consider such request after consulting respective Norms Committee, EPCG Committee and Policy Relaxation Committee (PRC).
b) As a last resort to redress grievances of Importers/Exporters, DGFT may provide an opportunity for Personal Hearing (PH). For such PH, a specific request has to be made to DG if following conditions are satisfied:
i. If an importer/exporter is aggrieved by any decision taken by Policy Relaxation Committee (PRC), or a decision/order by any authority in the Directorate General of Foreign Trade, and
ii. a request for review before the said Committee or Authority has been filed,
iii. such Committee or Authority has considered the request for a review, and
iv. the exporter/ importer continues to be aggrieved.
c) The decision conveyed in pursuance to the personal hearing shall be final and binding.
d) The opportunity for Personal Hearing will not apply to a decision/order made in any proceeding, including an adjudication proceeding, whether at the original stage or at the appellate stage, under the relevant provisions of F.T.(D&R) Act, 1992, as amended from time to time”.
2. Effect of the Notification:
The existing grievance redressal mechanism stands revised.
(Anup K. Pujari)
Director General of Foreign Trade
File No: 01/60/162/12/AM-12/GRC