Import – Export Restriction
There are restrictions on imports and exports for various strategic, health, and other reasons. There can be quantitative and qualitative restrictions on the imports and exports. If the goods are not banned, the government can give a permission/license for specific reasons.
Principles of Restriction:
- Protection of public morals
- Protection of human, animal or plant life or health
- Protection of patents, trademarks and copyrights and the prevention of deceptive practices
- Prevention of prison labor
- Protection of national treasures of artistic, historic or archaeological value
- Conservation of exhaustible natural resources
- Protection of trade of fissionable material or material from which they are derived
- Prevention of traffic in arms, ammunition and implements of war.
Labeling and Marking Rules for Imports:
stipulates that MRP, generic name of product, month and year of entry in trade channel, importer name and address and quantity in standard units must be carried prominently on the “principle display panel” of the of prepackaged commodities for retail sale only.
Technical Standards for quality:
The government has subjected imports of some products to mandatory compliance of Indian Quality Standards. The foreign manufacturers and exporter are required to register with Bureau of Indian Standards (BIS) to comply with this requirement. Quality Standards are not applicable on imports made under Advance Licenses for physical exports issued with actual user condition. Similarly the imports made for re-export purposes are also exempted from the quality standards.
Import of second hand goods:
- All second hand goods are restricted for imports and may be imported only in accordance with the provisions of the Policy, ITC (HS), Public Notice or a license / certificate / permission issued in this behalf.
- The following items may be imported without a license / certificate / permission.IUl
- Second Hand Capital Goods except personal computers, laptops, photocopiers, air-conditioners, diesel- generating sets.
Any form of metallic waste, scrap, seconds and defectives, other than those which are of a value below the value specified for any such items by a notification issued in this behalf, and excluding hazardous, toxic waste, radio active contaminated waste/ scrap containing radio active material.
Woolens rags / synthetic rags / shoddy wool in completely mutilated form subject to the condition that mutilation must conform to the requirements as specified by the customs authorities.
PET bottle / waste:
Import of all types of ships may be made without a license / certificate / permission on the basis of guidelines issued by Ministry of Shipping and as per the age/residual life norms prescribed by the Ministry of Shipping.
Special Chemicals, Organisms, Materials, Equipments & Technologies (SCOMET) items can be exported/imported from India only against a license issued for this purpose, as per the international agreements for strategic reasons.
Agriculture Permit System:
The import of agriculture products like Plants / Plant Materials / Fruits / Seeds for Consumption is controlled by the Ministry of Agriculture, by means of Phyto-sanitary Certificate. The goods upon entry into India are subjected to plant quarantine inspection and treatment against a fee.
Sanitary Import Permit for Animal Products Imports:
Animal products importers are required to produce a sanitary permit at the customs gate before entry into the country. Meat and meat products, eggs, milk and milk products, pet food, embryos, ova or semen and other live stock products from livestock are covered.
Restricted goods can be imported / exported through a license or as per procedure in a public notice for this.
Restricted item license / certificate / permission may be granted by the Director General of Foreign Trade or any other licensing authority authorized by him in this behalf. The DGFT / Licensing authority may take the assistance and advice of a facilitation committee. The Facilitation Committee consists of representatives of technical authorities and Departments / Ministries concerned
What We Do:
We can assist you in identifying the feasibility of getting a license, planning, documentation, application preparations, representation and coordination with DGFT and various other ministries and departments, till you finally get the approval/license.