(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. 51 (RE – 2013)/2009-2014
New Delhi, Dated : 14th November, 2013
Subject: Amendment of paragraphs 4.1.13(a) and 6.2(a)(i) of FTP to permit export of an item which is otherwise prohibited for export, under Advance Authorisation and by EOUs
S.O.(E) In exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, the Central Government hereby amends paragraphs 4.1.13(a) and 6.2(a)(i) of the FTP 2009-2014 (RE-2012).
2. The amended paragraphs will read as under (new words/sentence being added at the end of the para are in bold letters for easy reference):
(i) Para 4.1.13(a):
No export or import of an item shall be allowed under Advance Authorisation / DFIA if the item is prohibited for exports or imports respectively. Export of a prohibited item may be allowed under Advance Authorisation provided it is separately so notified subject to the conditions given therein.
(ii) Para 6.2(a)(i)
An EOU / EHTP / STP / BTP unit may export all kinds of goods and services except items that are prohibited in ITC (HS). Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) shall be subject to fulfillment of the conditions indicated in ITC (HS). In respect of an EOU, permission to export a prohibited item may be considered, by BOA, provided such raw materials are imported and there is no procurement of such raw material from DTA.
Effect of this Notification: Certain items which are prohibited for export may be allowed for export under advance authorization scheme, subject to stipulated conditions. BOA can consider requests for export of a prohibited item from an EOU.
(Anup K. Pujari)
Director General of Foreign Trade