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TMI BlogLegal Framework and Trade FacilitationX X X X Extracts X X X X X X X X Extracts X X X X ..... of Foreign Trade (DGFT) may, by means of a Public Notice, notify Hand Book of Procedures, including Appendices and Aayat Niryat Forms or amendment thereto, if any, laying down the procedure to be followed by an exporter or importer or by any Licensing/Regional Authority or by any other authority for purposes of implementing provisions of FT (D&R) Act, the Rules and the Orders made there under and provisions of FTP. 1.04 Specific provision to prevail over the general Where a specific provision is spelt out in the FTP/Hand Book of Procedures (HBP), the same shall prevail over the general provision. 1.05 Transitional Arrangements (a) Any License/ Authorisation/ Certificate/ Scrip/ instrument bestowing financial or fiscal benefit issued before commencement of FTP 2023 shall continue to be valid for the purpose and duration for which it was issued, unless otherwise stipulated. (b) Item wise Import/Export Policy is delineated in the ITC (HS) Schedule I and Schedule II respectively. The importability/ exportability of a particular item is governed by the policy as on the date of import/ export. The date of import/ export is defined in para 2.17 of HBP 2023. Bill of Lading and Shippin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gulatory environment • A transparent and predictable legal regime • Improved investment climate through better infrastructure 1.07 DGFT as a facilitator of exports/ imports DGFT has a commitment to function as a facilitator of exports and imports. Focus is on good governance, which depends on efficient, transparent and accountable delivery systems. In order to facilitate international trade, DGFT consults various Export Promotion Councils as well as Trade and Industry bodies from time to time. 1[1.07A Consultation with Stakeholders The Central Government, in the course of formulation of Foreign Trade Policy, as and when it deems reasonable to do so, may seek views, suggestions, comments or feedback from relevant stakeholders, including importers/exporters/industry experts with regard to formulation, incorporation of specific provision(s) or amendments in the Foreign Trade Policy, and to the extent possible, 30 days' time-period may be provided to such relevant stakeholders for submission of their views, suggestions, comments or feedback. Notwithstanding the above, the Central Government reserves the right to suo moto formulate, amend or incorporate any specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are substantiated. 1.10 Export of perishable agricultural Products To reduce transaction and handling costs, a single window system to facilitate export of perishable agricultural produce is being facilitated through Agricultural and Processed Food Products Export Development Authority (APEDA). The detailed procedure is at Appendix 1C. 1.11 Niryat Bandhu - Hand Holding Scheme for new export/ import entrepreneurs DGFT is implementing the Niryat Bandhu Scheme for mentoring new and potential exporter on the intricacies of foreign trade through counseling, training and outreach programmes including the 'Districts as Export Hubs' initiative with 'industry partners', 'knowledge partners' and other stakeholders to create vibrant District-Product-Market relevant knowledge ecosystem. 1.12 DGFT Online Customer Portal Export Import related information including Acts, Rules, Policy and Procedures etc. are available online at DGFT portal https://dgft.gov.in/. 1.13 Issue of e-IEC (Electronic-Importer Exporter Code) Importer Exporter Code (IEC) is mandatory for export/ import from/to India as detailed in paragraph 2.05 of this Policy. DGFT issues Importer Exporter Code in electronic form ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Helpdesk Facility A dedicated 24 X 7 Helpdesk facility has been put in place to assist the exporters in filing online applications on the DGFT portal and other matters pertaining to Foreign Trade Policy. 1.20 Trade Data and Statistics Continuous efforts are being made for better collection, compilation and wider dissemination of Trade Data and Statistics to help the policy makers, researchers, exporters and importers to formulate their trade strategy. The trade statistics for merchandise trade is available at - i. Department of Commerce's portal at https://commerce.gov.in & data bank available at https:// tradestat.commerce.gov.in/eidb/default.asp, ii. DGCI&S portal at http://www.dgciskol.gov.in and iii. NIRYAT Portal at https://niryat.gov.in. 1.21 Trade Facilitation at Customs CBIC has undertaken a number of initiatives to facilitate Trade. Some of these are as follows: i. 24X7 Customs clearance in 20 sea ports and 17 Airports and extended clearance in ICDs as per the needs of the Trade. ii. Single Window in Customs iii. E-Sanchit - Enabling Paperless clearance environment iv. Pan-India Implementation of Faceless e-Assessment in imports. v. TURANT Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gov.in/and https://www.cbic.gov.in/. 1.23 Towns of Export Excellence (TEE) (a) Objective: Development and growth of export production centres. A number of towns have emerged as dynamic industrial clusters contributing handsomely to India's exports. It is necessary to grant recognition to these industrial clusters with a view to maximize their potential and enable them to move up the value chain and also to tap new markets. (b) Selected towns producing goods of Rs. 750 Crore or more may be notified as TEE based on potential for growth in exports. However, for TEE in Handloom, Handicraft, Agriculture and Fisheries sector, threshold limit would be Rs.150 Crore. The following facilities will be provided to such TEE: (i) Recognized associations of units will be provided financial assistance under MAI scheme, on priority basis, for export promotion projects for marketing, capacity building and technological services. (ii) Common Service Providers in these areas shall be entitled for Authorisation under EPCG scheme. (c) Notified Towns (TEE) are listed in Appendix 1B. 1.24 Duty Free Entitlements to Select Sectors With a view to expand employment opportunities, certain special foc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) Double Weightage shall be available for grant of One Star Export House Status category only. Such benefit of double weightage shall not be admissible for grant of status recognition of other categories namely Two Star Export House, Three Star Export House, Four Star export House and Five Star Export House. The exports by IEC holders under the following categories shall be granted double weightage for calculation of export performance for grant of status: i. Micro and Small Enterprises as defined in Micro, Small & Medium Enterprises Development (MSMED) Act 2006 ii. Manufacturing units having ISO/BIS Certification iii. Units located in North Eastern States including Sikkim, and Union Territories of Jammu, Kashmir and Ladakh iv. Export of fruits and vegetables falling under Chapters 7 and 8 of ITC HS (b) A merchandise shipment/ service rendered can get double weightage only once in any one of above categories. 1.28 Other Conditions for Grant of Status (a) Export performance of one IEC holder shall not be permitted to be transferred to another IEC holder. Hence, calculation of exports performance based on disclaimer shall not be allowed. (b) Exports made on re-export basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of international agencies such as UN, WHO-PAHO and Government health programmes, the annual limit shall be upto 8% of the average annual export realisation during preceding three licensing years. Such free of cost supplies shall not be entitled to Duty Drawback or any other export incentive under any export promotion scheme. 1.30 Skilling and Mentorship Obligations (a) To improve the trade ecosystem by enhancing the available skilling opportunities, Status Holders are being made "partners" in providing mentoring and training in international trade. Status Holders will endeavor to provide skill upgradation/ training in international trade as detailed below : Status Number of Trainees per year Two Star Export House 5 Three Star Export House 10 Four Star Export House 20 Five Star Export House 50 (b) A model training program of a minimum duration of 6 weeks would be put up in public domain for guidance. (c) Detailed eligibility requirements, selection criteria, training curriculum etc will be at the discretion of the Status Holder. 1.31 Inter-Ministerial Committee for MSME Trade related grievances An inter-ministerial committee to be set up to examine MSME trade relat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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