Circular No. 52/2020-Customs Dated 27/11/2020
Clarification on export of Gems and Jewellery through Courier mode-reg.-
Madam/Sir,
Representations have been received from the Gems and Jewellery Export Promotion
Council seeking clarification on whether gems and jewellery is allowed to be
exported through courier under the Courier Imports and Exports (Electronic
Declaration and Processing) Regulations, 2010 as also the Courier Imports and
Exports (Clearance) Regulations, 1998.
2. The issue has been examined. It appears that the doubt has arisen as
Regulation 2(2)(a)(iv) of the Courier Imports and Exports (Electronic
Declaration and Processing) Regulations, 2010 places a restriction on imports of
precious and semi-precious stones, gold or silver in any form, through courier.
The Regulation 2(2) (a) (iv) reads as "These regulations shall not apply to
the following imported goods requiring testing of samples thereof or reference
to the relevant statutory authorities or to experts before their clearance,
namely precious and semi-precious stones, gold or silver in any form".
2.1 Thus, the restriction imposed by Regulation 2 (2)(a)(iv) on gems and
jewellery is applicable only on their imports.
2.2. Similarly, the Courier Imports and Exports (Clearance) Regulations, 1998
place a restriction on imports of precious and semi-precious stones, gold or
silver in any form and not on their exports.
3. In view of the above, it is clarified that the extant Courier Imports and
Exports (Electronic Declaration and Processing) Regulations, 2010 and the
Courier Imports and Exports (Clearance) Regulations, 1998, do not restrict
exports of gems and jewellery through the courier mode.
4. The above clarification has to be read along with the other provisions applicable for exports through courier, such as those under Regulation 2(2) (b) and 2 (2) (c), of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 and under regulation 2 (2) of the Courier Imports and Exports (Clearance) Regulations, 1998 while allowing such exports. All extant provisions for export of gems and jewellery under any other law for the time being in force will also apply.
5. Difficulties in implementation of the Circular may be brought to the notice of the Board.
6. Hindi version follows.
(Temsunaro Jamir)
Additional Commissioner (ICD)