¹[ITC (HS), 2022
SCHEDULE 2 - EXPORT POLICY

GENERAL NOTES TO EXPORT POLICY

ITC (HS), 2022 – Export Policy contains the following:

• General Notes to Export Policy

• Appendix 1: List of Wildlife Entries in Wild Life (Protection) Act, 1972

• Appendix 2: List of flora included in Appendix I (Prohibited Species) & Appendix II (endangered species) of CITES

• Appendix 3: List of SCOMET items

• Appendix 4: Definition of Finished Leather

A. Free Goods

Goods listed as ‘Free’ in the Schedule-II (Export Policy) may be exported without a Restricted export authorisation as such, but they are subject to conditions laid out against the respective entry. The fulfillment of these conditions can be checked by authorized officers during export.

B. Restricted Goods

Goods listed as ‘Restricted’ may be permitted for export against a restricted export authorisation. The procedures / conditionalities wherever specified against the restricted items shall also be complied with, in addition to the general requirement of restricted export authorisation in all cases of restricted items.

C. Prohibited Goods

The prohibited items are not permitted to be exported. Restricted Export Authorisation will not be issued in the normal course for goods in the prohibited category.

D. State Trading Enterprises

Export through STE(s) is permitted without a Restricted Export Authorisation through designated STEs only and shall be subject to conditions as specified under Para 2.21 of Foreign Trade Policy 2023.

E. Special Chemicals, Organisms, Materials, Equipment & Technologies (SCOMET)

SCOMET Items shall be governed by the specific provisions under –

i. Chapter IVA of the Foreign Trade (Development & Regulation) Act, 1992 as amended from time to time;

ii. Appendix-III of Schedule-II(Export Policy) of ITC(HS) 2022

iii. Chapter 10 of Foreign Trade Policy (FTP)

iv. Chapter 10 of Handbook of Procedures HBP) and,

v. Any other provisions of FTP and HBP governing Export Authorizations.

Category 0 of the SCOMET list shall be governed by the extant provisions of the Atomic Energy Act 1962 as amended from time to time, and rules, regulations, guidelines and resolutions issued under the said Act. Unless otherwise prohibited, export may be permitted against an authorization granted by the Department of Atomic Energy.

F. Export of Samples and Exhibits

Samples/exhibits of goods, except ‘Prohibited’ and ‘Restricted’ items, all items specified under Appendix-III(SCOMET) of Schedule-II (Export Policy), and items under Chapter 29, 93 and 97 are Free for Export. The given provisions may be read together with Para 2.43 of FTP 2023 (Export of Samples) and Para 2.63 of HBP 2023 (Exports of Samples / Exhibits)

G. Export of goods including plant & plant products using wood packaging material

Export of goods including plant & plant products using wood packaging material such as pellets, dunnage, crating, packing blocks, drums, cases load boards, pellet collars and skids etc. shall be allowed subject to compliance of International Standards for Phytosanitary Measures [ISPM].

H. Restrictions on Countries of Export

Prohibitions (Country, Organisations, Groups, Individuals etc. and Product Specific) will be regulated as per provisions contained in Chapter 2 (from para 2.16 to para 2.20) of Foreign Trade Policy 2023, as amended from time to time.

I. Exemptions granted for export to Bhutan

Export of (i) Milk powder; (ii) Wheat; (iii) Edible oil; (iv) Pulses; and (v) non-Basmati rice to Bhutan will be exempted from any ban and without any quantitative restrictions. [Refer Notification No. 81(RE-2013)/2009-2014 dated 13.06.2014]

J. Special condition for export of processed and/or value-added agricultural products

Export of following processed and/or value-added agricultural products will be exempted from any restriction / ban even in the event of restriction / ban on the export of basic farm produce:

[Notification No. 31(RE-2012)/2009-2014 dated 04.02.2013]

[Wheat & Muslin Flour under HSN 1101 were removed from above-mentioned exemption vide Notification 29/2015-20 dated 27.08.2022]

K. Exemption granted to organic food items from any ban and quantitative restrictions [Refer Notification No. 03/2015-2020 dated 19.04.2017]

Exemption from the application of quantitative ceiling and bans on export of organic agricultural products (wheat, non-Basmati rice) and organic processed products (edible oils and sugar) -

a. Export of following items from Custom EDI ports have been exempted from all quantitative ceilings and irrespective of any existing or future restriction/ prohibition on export of their basic product (non-organic), subject to due certification by APEDA as being organic under the National Program for Organic Production (NPOP):

i. organic wheat

ii. organic non-Basmati Rice (excluding rice in husk – paddy or rough)

iii. organic edible oils

[Organic sugar under HSN 1101 were removed from above-mentioned exemption vide Notification 36/2023 dated 18.10.2023]

b. The quantitative ceiling in respect of export of organic pulses and lentils has been increased from 10,000 MT per annum to 50,000 MT per annum, subject to certification by APEDA as being organic pulses and lentils, subject to following conditions

i. Export contracts should be registered with APEDA, New Delhi prior to shipment; and

ii. Export shall be allowed only from Custom EDI Ports.

²[L. Exemption granted for export of specified quantities of essential food items to Maldives

1. Export of essential commodities mentioned in Column (2) of the Table-1 below, to the Republic of Maldives, during 2025-26 up to the quantities as mentioned in Column (4) of Table-1 below, is allowed under bilateral trade agreement between Government of India and Government of Maldives: -

Table-1

2. Export of the given commodities mentioned in Column (2) of Table-1 above, to the Republic of Maldives shall be exempt from any existing or future restrictions/prohibitions during FY 2025-26.

3. Export of essential commodities, mentioned in Column (2) of Table-1 above, falling under the prohibited/restricted category to the Republic of Maldives during 2025-26 shall be permitted only through the following six Customs Stations: -

i. Mundra Sea port(INMUN1)

ii. Tuticorin Sea Port (INTUT1)

iii. Nhava Sheva Sea Port (INNSA1)

iv. ICD Tughlakabad (INTKD6)

v. Kandla Sea (INIXY1)

vi. Visakhapatnam Sea (INVTZ1)

4. For export of the above quantities of River Sand and Stone Aggregate, as mentioned in Column (4) of Table-1 above, CAPEXIL shall ensure that suppliers/extractors have obtained the required environmental clearances and that mining is not conducted in Coastal Regulation Zone (CRZ) areas, as per the Coastal Regulation Zone Notification.

5. Additionally, export of River Sand and Stone Aggregate shall be permitted only upon obtaining environmental clearances/No Objection Certificates from the designated nodal authorities of the respective State Governments from which the material is sourced. This is also subject to applicable State legislation or judicial orders relating to the mining of these commodities.]

^[helldodold[L. Exemption granted for export of specified quantities of essential food items to Maldives

Exemption is provided from any existing or future restriction / prohibition on export of the following quantities of potato, onion, rice, wheat flour, sugar [Notification No. 12 dated 27.06.2017], pulses and eggs [Notification No. 20 dated 14.08.2017] to the Republic of Maldives under bilateral trade agreement between Government of India and Government of Maldives. The specific quantities exempted shall be notified yearly or as required from time to time.]

^old[General Notes to Export Policy

ITC ( HS), 2018
SCHEDULE 2 - EXPORT POLICY

Schedule 2 contains the following:

•General Notes to Export Policy: Goods under Restrictions

•Schedule2: Export Policy

•Appendix1: List of Wild Life Entries in Wild Life (Protection) Act, 1972

•Appendix2: List of flora included in Appendix I (Prohibited Species ) & Appendix II (endangered species) of CITES

•Appendix3: List of SCOMET items

•Appendix4: Definition of Finished Leather

General Notes to Export Policy – Goods under Restrictions

1. Free Export ability

All goods other than the entries in the export licensing schedule along with its appendices are freely exportable. The free export ability is, however, subject to any other law for the time being in force. Goods not listed in the Schedule are deemed to be freely exportable without conditions under the Foreign Trade (Development and Regulations) Act, 1992 and the rules, notifications and other public notices and circulars issued there under from time to time. The export licensing policy in the schedule and its appendices does not preclude control by way of a Public Notice / Notification under the Foreign Trade (Development and Regulations) Act, 1992.

2. Code does not limit the item description

The export policy of a specific item will be determined mainly by the de script ion and Policy Conditions in the schedule. The code number is illustrative of classification but does not limit the description by virtue of the standard descript ion of the i tem against t he code in the import part of the ITC (HS) classification. Exports shall be ‘Free’, unless regulated

(a) Exports shall be ‘Free’ except when regulated byway of ‘prohibition’, ‘restriction’ or ‘exclusive trading through State Trading Enterprises (STEs)’ as laid down in Indian Trade Classification (Harmonised System) [ITC (HS)] of Exports and Imports. The list of ‘Prohibited’, ‘Restricted’ and ‘STE’items can be viewed by clicking on ‘Downloads’ at http://dgft.gov.in.

(b) Further, there are some items which are ‘free’ for import /export, but subject to conditions stipulated in other Acts or in law for the time being in force.

3. Classes of Export Trade Control

A. Free Goods

Goods listed as “Free” in the Export Licensing Schedule may also be exported without an export licence as such but they are subject to conditions laid out against the respective entry. The fulfillment of these conditions can be checked by authorized officers in the course of export.

B. Restricted Goods

The restricted items can be permitted for export under licence. The procedures / conditionalities wherever specified against the restricted items may be required to be complied with, in addition to the general requirement of licence in all cases of restricted items.

C. Prohibited Goods

The prohibited items are not permitted to be exported. An export licence will not be given in the normal course for goods in the prohibited category. No export of rough diamond shall be permitted unless accompanied by Kimberley Process ( KP) Certificate as specified by Gem & Jewellery EPC (GJEPC)

D. State Trading Enterprises    

Export through STE(s) is permitted without an Export Licence through designated STEs only as mentioned against an item and is subject to conditions in pa ra 2.20 of Foreign Trade Policy 2015-20.

E. Special Chemicals, Organisms, Materials, Equipments & Technologies (SCOMET)

SCOMET Items shall be governed by the specific provisions of (i) Chapter IV A of the FT(D&R) Act, 1992 as amended from time to time (ii) Sl. No. 4 & 5 of Table AandAppendix-3 of Schedule 2 of ITC (HS) Classification of Export & Import Items (iii) Para 2.16, Para 2.17, Para 2.18 of FTP and (iv) Para 2.73-2.82 of Hand Book of Procedures, in addition to the other provisions of FTP and Handbook of Procedures governing export authorizations.

F. Restrictions on Countries of Export

Prohibitions (Country, Organisations, Groups, Individuals etc. and Product Specific) will be regulated as per provisions contained in Chapter 2 of Foreign Trade Policy2015-2020, as amended from time to time.

G. Exemptions granted for export to Bhutan

Export of (i) Milk powder ; (ii) Wheat; (iii) Edible oil; (iv) Pulses; and (v) Non-basmati rice to Bhutan will be exempted from any ban and without any quantitative restrictions. [Notification No. 81(RE-2013)/2009-2014 dated 13.06.2014].

Export of 1600 MTs of Milk Powder per annum to Bhutan (as per Calendar year i.e. 1st January to 31st December) will be expempted from any export ban.

H. Special condition for export of processed and/or value added agricultural products

Export of following processed and/or value added agricultural products will be exempted from any restriction / ban even in the event of restriction / ban on the export of basic farm produce :

[Notification No. 31(RE-2012)/2009-2014 dated 04.02.2013]

I. Exemption granted to organic food items from any ban andquantitiqative restrictions w.e.f. 19.04.2017

Exemption from the application of quantitative ceiling and export bans on exportof organic agricultural products (wheat, non-Basmati rice) and organic processed products (edible oils and sugar).

[Notification No.03/2015-2020 dated 19.04.2017]

(a) Export of following items from Custom EDI ports have been exempted from all quantitative ceilings and irrespective of any existing or future restriction/ prohibition on export of their basic product (non-organic), subject to due certification by APEDA as being organic under the National Programme for Organic Production (NPOP)

    (i) organic wheat

    (ii) organic non-Basmati Rice (excluding rice in husk – paddy or rough)

    (iii) organic edible oils

    (iv) organic sugar

(b) The quantitative ceiling in respect of export of organic pulses and lentils has been increased from 10,000 MT per annum to50,000MT per annum, subject to certification by APEDA as being organic pulses and lentils, subject to following conditions:

    (i) Export contracts should be registered with APEDA, New Delhi prior to shipment; and

    (ii) Export shall be allowed only from Custom EDI Ports.

J. Exemption granted for export of specified quantities of essential food items to Maldives

Exemption from any existing or future restriction / prohibition on export of the following quantities of potato, onion, rice, wheat flour, sugar (Notification No. 12 dated 27.06.2017), pulses and eggs (Notification No. 20 dated 14.08.2017) to the Republic of Maldives under bilateral trade agreement between Government of India and Government of Maldives during the period 2017- 18 (April to March):

]^helldod]

1. Substituted Vide:- Notification No. 50/2024-25 Dated 13.01.2025

2. Substituted vide:- Notification No. 1/2025-26 Dated 01.04.2025