Principles of Restrictions and Prohibitions for Imports and Exports –Para 2.07 of FTP Provision Amended
· DGFT
Lists 17 Criteria to Check Imports and Exports to Replace Nine Existing Ones
· Industry
Protection (Violative of WTO Art 10 of GATT 1994)
included Upfront
· Move
said to be in Line with International Agreements!
[DGFT Notification No. 17/2015-2020 dated 10 August,
2021]
Effect of the Notification: Para 2.07 of the
FTP regarding principles of prohibition and restrictions, is amended to be in
line with international agreements.
Subject: Amendment in Para 2.07 of Foreign Trade
Policy, 2015-2020.
S.O.(E): In exercise of powers conferred by Section
3 read with Section 5 of FT(D&R) Act, 1992, read with paragraph
1.02 and 2.0 I of the Foreign Trade
Policy, 2015-2020, as amended from time to time, the Central
Government hereby amends the existing Para 2.07 of Foreign Trade Policy, 2015-2020
to read as under:
2. 07 Principles
of Restrictions and Prohibitions for Imports/Exports:
|
Existing Provision |
Revised Provision |
|
DGFT may, also through a Notification, impose prohibitions or restrictions on export and import,
necessary for:- (a) Protection
of public morals; (b) Protection of human, animal
or plant life or health; (c) Protection of patents, trademarks and copyrights, and the
prevention of deceptive practices; (d) Protection
of use of prison labour; (e) Protection of national treasures
of artistic, historic or archaeological value; (f) Conservation of exhaustible natural resources; (g) Protection of trade
of fissionable material or material from which they are derived; (h) Prevention of traffic in arms,
ammunition and implements
of war; (i) Relating to the importation or exportation of gold or silver. |
DGFT may, through a Notification, impose
'Prohibition' or 'Restriction':- a. on
export of foodstuffs or other essential products for preventing or relieving
critical shortages; b. on
imports and exports necessary for the application of standards or regulations
for the classification, grading or marketing of commodities in international
trade; c. on
imports of fisheries product, imported in any form, for enforcement of
governmental measures to restrict production of the domestic product or for
certain other purposes; d. on
imports to safeguard country's external financial position and to ensure a
level of reserves. e. on
imports to promote establishment of a particular industry; f. for
preventing sudden increases in imports from causing serious injury to
domestic producers or to relieve producers who have suffered such injury; g. for
protection of public morals or to maintain public order; h. for
protection of human, animal or plant life or health i relating
to the importations or exportations of gold or silver; J. necessary
to secure compliance with laws and regulations including those relating to
the protection of patents, trademarks and copyrights, and the prevention of
deceptive practices k. relating
to the products of prison labour l. for
the protection of national treasures of artistic, historic or archaeological
value m. for
the conservation of exhaustible natural resources n. for
ensuring essential quantities for the domestic processing industry o. essential
to the acquisition or distribution of products in general or local short
supply; p. for
the protection of country's essential security interests: i. relating
to fissionable materials or the materials from which they are derived; ii. relating
to the traffic in arms, ammunition and implements of war; iii. taken
in time of war or other emergency in international relations; or q. in
pursuance of country's obligations under the United Nations Charter for the
maintenance of international peace and security. |
This is issued with the approval of Minister of Commerce
& Industry.
(File No.O1/93/180/32/AM-19/PC-II(B)/E-17430)