Exim Policy
Exim Policy
Exim Policy
the DGFT in matters related to the import and export of goods in India.
The Foreign Trade
Policy of India is guided by the Export Import in known as in short EXIM Policy of the Indian
Government and is regulated by the Foreign Trade Development and Regulation Act, 1992.
DGFT (Directorate General of Foreign Trade) is the main governing body in matters related to
Exim Policy. The main objective of the Foreign Trade (Development and Regulation) Act is to
provide the development andregulation of foreign trade by facilitating imports into, and
augmenting exports from India. Foreign Trade Act has replaced the earlier law known as the
imports and Exports (Control) Act 1947.
EXIM Policy
Indian EXIM Policy contains various policy related decisions taken by the government in the
sphere of Foreign Trade, i.e., with respect to imports and exports from the country and more
especially
export promotion measures, policies and procedures related thereto. Trade Policy is prepared
and announced by the Central Government (Ministry of Commerce). India's Export Import
Policy also know as Foreign Trade Policy, in general, aims at developing export potential,
improving export performance, encouraging foreign trade and creating favorable balance of
payments position.
History of Exim Policy of India
In the year 1962, the Government of India appointed a special
Exim Policy Committee to review the government previous export import policies. The
committee was later on approved by the Government of India. Mr. V. P. Singh, the then
Commerce Minister and announced the Exim Policy on the 12th of April, 1985. Initially the EXIM
Policy was introduced for the period of three years with main objective to boost the export
business in India
Exim Policy Documents
The Exim Policy of India has been described in the following documents:
An exporter uses the Handbook of Procedures Volume-I to know the procedures, the agencies
and the documentation required to take advantage of a certain provisions of the Indian EXIM
Policy. For example, if an exporter or importer finds out that paragraph 6.6 of the
Exim Policy is important for his export business then the exporter must also check out the
same paragraph in the Handbook of Procedures Volume- I for further details.
The Handbook of Procedures Volume-II provides very crucial information in matters related
to the Standard Input-Output Norms (SION). Such Input output norms are applicable for the
products such as electronics,engineering, chemical, food products including fish and
marine products, handicraft, plastic and leatherproducts etc. Based on SION, exporters are
provided the facility to make duty-free import of inputs required for manufacture of export
products under the
Duty Exemption Scheme or Duty Remission Scheme.
The
Export Import Policy regarding import or export of a specific item is given in the ITC- HS
Codes or better known as
Indian Trade Clarification Code based on Harmonized System of Coding was adopted in India
for import-export operations. Indian
Custom uses an eight digit ITC-HS Codes to suit the national trade requirements. ITC-HS codes
are divided into two schedules. Schedule I describe the rules and
exim guidelines
related to import policies where as
Export Policy Schedule II describe the rules and regulation related to export policies.
Schedule I of the ITC-HS code is divided into 21 sections and each section is further divided
into chapters. The total number of chapters in the schedule I is 98. The chapters are further
divided into sub-heading under which different HS codes are mentioned.
ITC(Hs) Schedule II of the code contain 97 chapters giving all the details about the
Export Import Guidelines related to the export policies.
Objectives Of The Exim Policy : Government control import of non-essential items through the
EXIM Policy. At the same time, all-out efforts are made to promote exports. Thus, there are
two aspects of Exim Policy; the import policy which is concerned with regulation and
management of imports and the export policy which is concerned with exports not only
promotion but also regulation. The main objective of the Government's EXIM Policy is to
promote exports to the maximum extent. Exports should be promoted in such a manner that
the economy of the country is not affected by unregulated exportable items specially needed
within the country. Export control is, therefore, exercised in respect of a limited number of
items whose supply position demands that their exports should be regulated in the larger
interests of the country. In other words, the main objective of the Exim Policy is:
To accelerate the economy from low level of economic activities to high level of
economic activities by making it a globally oriented vibrant economy and to derive maximum
benefits from expanding global market opportunities.
To enhance the techno local strength and efficiency of Indian agriculture, industry and
services, thereby, improving their competitiveness.
To accelerate the economy from low level of economic activities to high level of
economic activities by making it a globally oriented vibrant economy and to derive maximum
benefits from expanding global market opportunities.
In order to encourage foreign investment in India, the Exim Policy 1997-02 has permitted 100%
foreign equity participation in the case of 100% EOUs, and units set up in EPZs.
(e) Impact on Quality up gradation:
The SIL entitlement of exporters holding ISO 9000 certification has been increased from 2% to
5% of the FOB value of exports, which has encouraged Indian industries to undertake research
and development programmers and upgrade the quality of their products.
(f) Impact on Self-Reliance:The Exim Policy 1997-2002 successfully fulfills one of the Indias long terms objective of Selfreliance. The Exim Policy has achieved this by encouraging domestic sourcing of raw materials,
in order to build up a strong domestic production base. New incentives added in the Exim
Policy have also added benefits to the exporters.
Exim Policy 2002 2007
The Exim Policy 2002 - 2007 deals with both the export and import of merchandise and
services. It is worth mentioning here that the Exim Policy: 1997 - 2002 had accorded a status of
exporter to the business firm exporting services with effect from1.4.1999. Such business firms
are known as Service Providers.
Objectives of the Exim Policy: 2002 - 2007
The main objectives of the Export Import Policy 2002-2007 are as follows:
1.
Preamble
Legal Framework
Board Of Trade
Promotional Measures
Deemed Exports
Permeable of Exim Policy 2004-2009: It is a speech given by the Ministry of Commerce and
Industries. The speech for the Exim Policy 2004-2009 was given by Kamal Nath, on 31ST
AUGUST, 2004.
Legal Framework of Exim Policy 2004-2009
1.1 Preamble
The Preamble spells out the broad framework and is an integral part of the Foreign Trade
Policy.
1.2 Duration
In exercise of the powers conferred under Section 5 of The Foreign Trade (Development and
Regulation Act), 1992 (No. 22 of 1992), the Central Government hereby notifies the Exim Policy
for the period 2004-2009 incorporating the Export Import Policy for the period 2002-2007, as
modified. This Policy shall come into force with effect from 1st September, 2004 and shall
remain in force up to 31st March, 2009, unless as otherwise specified.
1.3 Amendments
The Central Government reserves the right in public interest to make any amendments to this
Policy in exercise of the powers conferred by Section-5 of the Act. Such amendment shall be
made by means of a Notification published in the Gazette of India.
1.4 Transitional Arrangements
Notifications made or Public Notices issued or anything done under the previous Export /
Import policies and in force immediately before the commencement of this Policy shall, in so
far as they are not inconsistent with the provisions of this Policy, continue to be in force
and shall be deemed to have been made, issued or done under this Policy.
Licenses, certificates and permissions issued before the commencement of this Policy shall
continue to be valid for the purpose and duration for which such licence; certificate or
permission was issued unless otherwise stipulated.
1.5 Free Export Import
In case an export or import that is permitted freely under Export Import Policy is subsequently
subjected to any restriction or regulation, such export or import will ordinarily be permitted
notwithstanding such restriction or regulation, unless otherwise stipulated, provided that the
shipment of the export or import is made within the original validity of an irrevocable letter of
credit established before the date of imposition of such restriction.
To examine existing institutional framework for imports and exports and suggest
practical measures for further streamlining to achieve desired objectives;
To review policy instruments and procedures for imports and exports and suggest steps
to rationalize and channelize such schemes for optimum use;
To examine issues which are considered relevant for promotion of Indias foreign trade,
and to strengthen international competitiveness of Indian goods and services; and
The Duty Remission Scheme enables post export replenishment/ remission of duty on inputs
used in the export product.
DEPB: Duty Entitlement Pass Book in short DEPB
Rate is basically an export incentive scheme. The objective of DEPB Scheme is to neutralize
the incidence of basic custom duty on the import content of the exported products.
DFRC
Under the Duty Free Replenishment Certificate (DFRC) schemes, import incentives are given to
the exporter for the import of inputs used in the manufacture of goods without payment of
basic customs duty. Duty Free Replenishment Certificate (DFRC) shall be available for exports
only up to 30.04.2006 and from 01.05.2006 this scheme is being replaced by the
Duty Free Import Authorisation (DFIA).
DFIA: Effective from 1st May, 2006, Duty Free Import Authorisation or DFIA in short is issued
to allow duty free import of inputs which are used in the manufacture of the export product
(making normal allowance for wastage), and fuel, energy, catalyst etc. which are consumed or
utilised in the course of their use to obtain the export product. Duty Free Import Authorisation
is issued on the basis of inputs and export items given underStandard Input and Output
Norms(SION).
Export Oriented Units
(EOUs), Electronics Hardware Technology Parks (EHTPs), Software TechnologyParks(STPs)
And Bio-Technology Parks (BTPs) of Exim Policy 2004-2009
The Export Import Policies relating to Export Oriented Units
(EOUs) Electronics Hardware Technology Parks(EHTPs), Software Technology Parks (STPs) and
Bio-technology parks (BTPs) Scheme is given in Chapter 6 of the Foreign Trade
Policy. Software Technology Park(STP)/Electronics Hardware Technology Park (EHTP) complexes
can be set up by the Central Government, State Government, Public or Private Sector
Undertakings.
Export Promotion Capital Goods Scheme (EPCG) of Exim Policy 2004-2009
Introduced in the EXIM policy of 1992-97,
Export Promotion Capital Goods Scheme (EPCG) enable exporters to import machinery and
other capital goods for export production at concessional or no customs duties at all. This
facility is subject to export obligation, i.e., the exporter is required to guarantee exports of
certain minimum value, which is in multiple of total value of capital goods imported.
Capital goods imported under EPCG Scheme are subject to actual user condition and the same
cannot be transferred /sold till the fulfillment of export obligation specified in the licence. In
order to ensure that the capital goods imported under EPCG Scheme, the licence holder is
required to produce certificate from the jurisdictional
Central Excise Authority (CEA) or Chartered Engineer (CE) confirming installation of such
capital goods in the declared premises.
Special Economic Zone (SEZ)
under the Exim Policy 2004-2009
A Special Economic Zone in short SEZ is a geographically distributed area or zones where the
economic laws are more liberal as compared to other parts of the country. SEZs are proposed
to be specially delineated duty free enclaves for the purpose of trade, operations, duty and
tariffs. SEZs are self-contained and integrated having their own infrastructure and support
services.
The area under 'SEZ' covers a broad range of zone types, including Export Processing Zones
(EPZ), Free Zones (FZ), Industrial Estates (IE), Free Trade Zones (FTZ), Free Ports, Urban
Enterprise Zones and others.
In Indian, at present there are eight functional Special Economic Zones located at Santa Cruz
(Maharashtra), Cochin (Kerala), Kandla and Surat (Gujarat), Chennai (Tamil Nadu),
Visakhapatnam (Andhra Pradesh), Falta (West Bengal) and Noida (Uttar Pradesh) in India.
Further a Special Economic Zone at Indore ( Madhya Pradesh ) is also ready for operation.
Free Trade & Warehousing Zones of Exim Policy 2004-2009
Free Trade & Warehousing Zones (FTWZ) shall be a special category of Special Economic
Zones with a focus on trading and warehousing. The concept of FTWZ is new and has been
recently introduced in the five-year foreign trade policy 2004-09. Its main objective is to
provide infrastructure for growth of the economy and foreign trade. Free Trade & Warehousing
Zones (FTWZ) plays an important role in achieving global standard warehousing facilities as
free trade zones. Free Trade & Warehousing Zones is a widely accepted model with a history of
providing Substantial encouragement to foreign trade and warehousing activity.
Deemed Exports under the Exim Policy 2004-2009
Deemed Export is a special type of transaction in the Indian Exim policy in which the payment
is received before the goods are delivered. The payment can be done in Indian Rupees or in
Foreign Exchange. As thedeemed export is also a source of foreign exchange, so the
Government of India has given the benefit duty free import of inputs.