FOREIGN TRADE (REGULATION) RULES, 1993 Ministry of Commerce Notification No. GSR 791 (E); dated 30-12-1993 In exercise of the powers conferr

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FOREIGN TRADE (REGULATION) RULES, 1993 Ministry of Commerce Notification No. GSR 791 (E); dated 30-12-1993 In exercise of the powers conferred by Section 19 of the Foreign Trade (Development and Regulation) Act; 1992 (22 of 1992) , the Central Government hereby makes the following rules, namely: 1. Short title and commencement - These rules may be called the Foreign Trade (Regulation) Rules, 1993. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions:- In these rules unless the context otherwise requires, (a) "Act' means the Foreign Trade (Development and Regulation) Act; 1992 (22 of 1992); (b) "charitable purpose" includes relief of the poor; education; medical relief and the advancement of any other object of general public utility; (c) "importer" or "exporter' means person who imports or exports goods and holds a valid Importer-exporter Code Number granted under section 7; (d) "licensing authority" means an authority authorised by the Director General under sub-section (2) of section 9 to grant or renew a licence under these rules; (e) "Policy" means the export and import Policy formulated and announced by the Central Government under section 5; "schedule" means a Schedule appended to these rules; (g) "section" means a section of the Act; (h) "special licence" means a licence granted under sub-section (2) of section 8; "value" has the meaning assigned to it in clause (41) of section 2 of the Customs Act; 1962 (52 of 1962); words and expression used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act: 3. Grant of special licence. (1) Where the Importer-exporter Code Number granted to any person has been suspended or cancelled under sub-section (1) of se

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7 · Refusal of licence. (1) The Director General or the licensing authority may for reasons to be recorded in writing, refuse to grant Or renew a licence if (a) the applicant has contravened any law relating to customs or foreign exchange; (b) the application for the licence does not substantially conform to any provision of these rules; (c) the application or any document used in support thereof contains any false or fraudulent or misleading statement; (d) it has been decided by the Central Government to canalise the export or import of goods and distribution thereof, as the case may be; through special or specialised agencies; (e) any action against the applicant is for the time being pending under the Act or rules and Orders made thereunder; the applicant is or was a managing partner in a partnership firm, or is or was a Director of a private limited company, having controlling interest against which any action is for the time being pending under the Act or rules and Orders made thereunder; (g) the applicant fails to pay any penalty imposed on him under the Act; (h) the applicant has tampered with a licence; the applicant or any agent or employee of the applicant with his consent has been party to any corrupt or fraudulent practice for the purposes of obtaining any other licence; the applicant is not eligible for a licence in accordance with any provision of the Policy; the applicant fails to produce any document called for by the Director General or the licensing authority; in the case of a licence for import, no foreign exchange is available for the purpose; (m) the application has been signed by a person other than a person duly authorised by the applicant under the provisions of the Policy;

10 · Cancellation of a licence:" The Director General or the licensing authority may by an order in writing cancel any licence granted under these rules if (a) the licence has been obtained by fraud, suppression of facts or misrepresentation; or (b) the licensee has committed a breach of any of the conditions of the licence; or (c) the licensee has tampered with the licence in any manner; or (d) the licensee has contravened any law relating to customs or foreign exchange or the rules and regulations relating thereto_ 11. Declaration as to value and quality of imported goods: On the importation into, or exportation out of, any customs ports of any goods, whether liable to duty or not; the owner of such goods shall in the Bill of Entry or the Shipping Bill or any other documents prescribed under the Customs Act; 1962 (52 of 1962) , state the value, quality and description of such goods to the best of his knowledge and belief and in case of exportation of goods, certify that the quality and specification of the goods as stated in those documents, are in accordance with the terms of the export contract entered into with the buyer or consignee in pursuance of which the goods are being exported and shall subscribe a declaration of the truth of such statement at the foot of such Bill of Entry or Shipping Bill or any other documents 12. Declaration as to Importer-exporter Code Number: On the importation into or exportation out of any Customs port of any goods the importer or exporter shall in the Bill of Entry or Shipping Bill or, as the case may be; in any other documents prescribed by rules made under the Act or the Customs Act, 1962 (52 of 1962), state the Importer-exporter Code Number allotted to him by the competent authority 13. Utilisation of imported goods - (1) No person shall use any imported goods allotted to him by the State Trading Corporation of India or any other agency recognised by the Central Government in a manner and for the purpose; otherwise than as declared by him in his application for such allotment or in any document submitted by him in support of such application.