Instruction No.05/2022-Customs Dated 16/05/2022

Amendment in Export Policy of Wheat-

Kind attention is invited to Notification No. 06/2015-2020 dated 13.05.2022 issued vide S.O. No.2236(E) on above captioned subject, wherein the Central Government has prohibited the export of various categories of Durum Wheat (as at S.no. 59 of Chapter 10 of Schedule2 of the ITC (HS) related to export policy of wheat) (Annexure-I) except for certain shipments.

2. The above stated prohibition comes into immediate effect, subject to certain allowance specified in para 2 of the notification.

3. Further attention is also invited to DGFT's Trade Notice No.06/2022-2023 dated 14.05.2022 elaborating on the modalities for implementation of the above stated notification. (Annexure-II).

4. All the Pr.Chief/Chief Commissioners are hereby requested to kindly bring the contents of this Notification and the Trade Notice No.06/2022-2023 dated 14.05.2022, to the attention of all concerned for its immediate implementation.

Enclosed : As above.

(Eric.C.Lallawmpuia)
OSD (Customs IV)

Copy to :
All Principal DGs/DGs under CBIC

Refer Vide Instruction No.06/2022-Customs Dt. 17/05/2022

(To be Published n the Gazette of India Extraordinary Part-II, Section - 3, Sub-Section (ii))

Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi

Notification No. 06/2015-2020
New Delhi, Dated: 13^th May, 2022

Subject: Amendment in the Export Policy of Wheat.

S.O Whereas  there is a sudden spike in the global prices of wheat arising out of many factors, as a result of which the food security of India, neighbouring and other vulnerable countries is at risk;

Whereas, the Government of India is committed to providing for the food security requirements of India, neighbouring is and other vulnerable developing countries which are adversely affected by the sudden changes in the global market for wheat and are unable to access adequate wheat supplies;

Therefore, it order to manage the overall food security of the country and to support the needs of the neighbouring and other vulnerable countries, the Central Government, in exercise of powers conferred by Section 3 read with Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2015-20. hereby makes the following amendment in the Export Policy of S.No.59 of Chapter 10 of Schedule 2 of the ITC (HS) Export Policy related to Export of Wheat:

2. The export of the above products/ items, however, shall be allowed under the following conditions:

A. As a transitional arrangement, export will be allowed in case of shipments where Irrevocable Letter of Credit (ICLC) has been issued on or before the date of this Notification, subject to submission of documentary evidence as prescribed; or

B. Export will also be allowed on the basis of permission granted by the Government of India to other countries to meet their food security needs and based on the request of their governments

3. Effect of this Notification

The export policy of wheat against the above mentioned HS codes is “Prohibited” with immediate effect except for shipments fulfilling the conditions mentioned in Para 2 above which will be allowed as per the procedure outlined in Para 1.05 (b) of the Foreign Trade Policy, 2015-2020.

[F. No. 01/91/180/032/AM22/EC/Pt./E-31336]
SANTOSH KUMAR SARANGI, Director General of Foreign Trade
& Ex-officio Addl. Secy.

Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi

Dated 14^th May, 2022

Trade Notice No. 06/2022-23

1. All Regional Authorities of DGFT
2. All Customs Commissionerates
3. Members of Trade

Subject: Implementation of Notification No.06/2015-2020 dated 13^th May, 2022.

Reference is invited to Notification No.06/2015-2020 dated 13^th May, 2022 amending the export policy of Wheat under S.No.59 of Chapter 10 of Schedule - 2 of the ITC (HS) Export Policy from ‘Free’ to ‘Prohibited’ with immediate effect. It has further been notified that the export of wheat shall be allowed under the following conditions:

A. As a transitional arrangement, export will be allowed in case of shipments where Irrevocable Letter of Credit (ICLC) has been issued on or before the date of this Notification, subject to submission of documentary evidence as prescribed; or

B. Export will also be allowed on the basis of permission granted by the Government of India to other countries to meet their food security needs and based on the request of their governments.

2. Transitional Arrangement as defined vide Para 1.05 (b), inter-alia, prescribes as under:

“...................the import/export on or after the date of such regulation/restriction will be allowed for importer/exporter has a commitment through Irrevocable Commercial Letter of Credit (ICLC) before the date of imposition of such restriction/ regulation and shall be limited to the balance quantity, value and period available in the ICLC. For operational listing such ICLC, the applicant shall have to register the ICLC with jurisdictional RA against computerized receipt within 15 days of imposition of any such restriction/regulation....."

3. Accordingly, export (as per Para 2.17 and 9.12 of the Handbook of Procedure, 2015- 2020) of wheat for which Irrevocable Commercial Letter of Credit (ICLC) have been opened on or before 13^th May, 2022 and subsequently registered with the jurisdictional Regional Authorities of DGFT, as per provisions under Para 1.05 (b) of Foreign Trade Policy, 2015-2020, are permitted.

4. All RAs under DGFT are hereby directed to issue Registration of Contracts (RCs) to the exporters of wheat, preferably within a prescribed time limit of 24 hours, on submission of application, complete in all respect, by the exporters.

5. However, export of wheat on Humanitarian ground, as Aid/Assistance/Government to Government shall be allowed, on case to case basis, with the specific approval of competent authority.

This issues with the approval of competent authority.

(S. K. Mohapatra)
Deputy Director General of Foreign Trade
E-mail: mohapatra.sk@nic.in

(Issued from F.No. 01/91/180/032/AM22/EC/Pt,/E-31336)