WHAT IS IMPORT?[i]
An import is the receiving country in an export from the sending country. Importation and exportation are the defining financial transs of international trade.
In international trade, the importation and exportation of goods are limited by import quotas and mandates from the customs authority. The importing and exporting jurisdictions may impose a tariff (tax) on the goods. In addition, the importation and exportation of goods are subject to trade agreements between the importing and exporting jurisdictions.
THE TYPES OF IMPORT:
1. Industrial and consumer goods
2. Intermediate goods and services
WHAT IS EXPORT?[ii]
An export in international trade is a good produced in one country that is sold into another country or a service provided in one country for a national or resident of another country. The seller of such goods or the service provider is an exporter; the foreign buyer is an importer. Services that figure in international trade include financial, accounting and other professional services, tourism, education as well as intellectual property rights. Exportation of goods often requires the involvement of Customs authorities.
GENERAL PROVISIONS OF IMPORT AND EXPORT[iii]
1. Exports and imports are free unless regulated: 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 specified in ITC(HS) notified by DGFT from time to time. These are classified as – (a) Free (b) Restricted (c) Prohibited (d) Exclusive trading through State Trading Enterprise (STEs).
2. Compliance with laws: Every exporter or importer shall comply with the provisions of the FT (D&R) Act, the rules and orders made there-under, the FTP and terms and conditions of any authorization 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 unless specifically exempted.
3. Interpretation of policy: If any question or doubt arises in respect of interpretation of any provision, said question or doubt shall be referred to DGFT whose decision thereon shall be final and binding.
4. Procedure: DGFT may specify procedure to be followed by an exporter or importer or by any licencing or any other competent authority for the purpose of implementing provisions of Foreign Trade Act, the rules and the orders made there-under and FTP. Such procedures shall be published in Hand Book of Procedures by means of a Public Notice, and may, in like manner, be amended from time to time.
5. Exemption from Policy/Procedure: DGFT may pass such orders or grant such relaxation or relief, as he may deem fit and proper, on grounds of genuine hardship and adverse impact on trade. DGFT may, in public interest, exempt any person or class or category of persons from any provision of FTP or any procedure and may, while granting such exemption, impose such conditions as he may deem fit.
6. Principles of Restriction: DGFT may, through a notification, adopt and enforce any measure necessary for protection of: (i) public morals, (ii) human, animal or plant life or health, (iii) patents, trademarks and copyrights and the prevention of deceptive practices, (iv) national treasures of artistic, historic or archaeological value, (v) trade of fissionable material or material from which they are derived. For prevention of traffic in arms, ammunition and implements of war and use of prison labour and conversation of exhaustible natural resources.
7. Export/import of restricted goods/services: Any goods/services, export or import of which is restricted under ITC(HS) may be exported or imported only in accordance with an Authorization or in terms of a public notice/notification issued in this regard.
8. Terms and Conditions of an authorization: Every Authorization shall be valid for prescribed period of validity and shall, inter alia, include the following terms and conditions (as applicable) in addition to such other conditions as may be specified.
9. Authorization not a right: No person may claim an Authorization as a right and DGFT or RA shall have power to refuse to grant or renew the same in accordance with provisions of FT(D&R) Act, rules made there under and FTP.
10. Penalty: If an authorization holder violates any condition of such authorization or fails to fulfil export obligation, he shall be liable for action in accordance with FT (D&R) Act, the Rules and Orders made there under, FTP and any other law for time being in force.
11. State Trading Enterprises (STEs): STEs are governmental and non-governmental enterprises, including marketing boards, which deal with goods for export and/or import. Any goods, import or export of which is governed through exclusive or special privileges granted to State Trading Enterprises [STE(s)], may be imported or exported by STE(s) as per conditions specified in ITC(HS). DGFT may, however, grant an authorization to any other person to import or export any of these goods.
12. Importer-Exporter Code (IEC): It is a unique 10-digit code issued by DGFT to a person. IEC is mandatory to export any goods out of India or to import any goods into India unless specifically exempt. Permanent Account Number (PAN) is pre-requisite for grant of an IEC. Only one IEC can be issued against a single PAN.
SOURCES
[i] WIKIPEDIA, https://www.wikipedia.org/ (last visited Dec 8, 2021).
[ii] WIKIPEDIA, https://www.wikipedia.org/ (last visited Dec 8, 2021).
[iii]Dignath Raj Sehgal, What are the general provisions regarding export and import in India, IPLEADERS, https://blog.ipleaders.in/ (last visited Dec 7, 2021, 8PM).
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