To be published in the Gazette of
India 1 Extraordinary Part-II, Section-3, Sub-Section (II)
Government of India
Ministry of
Commerce & Industry
Department of
Commerce
Directorate General of
Foreign Trade
Notification No. 43/2015-2020
New Delhi, Dated: 9th November, 2022
Subject: Amendments under the
Foreign Trade Policy in sync with RBI A.P.(DIR Series) Circular No.10 dated
11th July 2022
S.O.(E): In exercise of powers
conferred by Section 5 of the Foreign Trade (Development and Regulation) Act,
1992, read with paragraph 1.02 of the Foreign Trade Policy, 2015-2020, as
amended from time to time, the Central Government hereby makes the following
amendments in the Foreign Trade Policy 2015-20, with immediate effect, in sync
with the RBFs A.P. (DIR Series) Circular No. 10 dated 11th July, 2022:
SI. |
Existing Para |
Revised Para |
1. |
2.46 Import for export
I. (b) Goods, including capital goods (both new and second hand),
may be imported for export provided:
iii. Export is against freely convertible currency.
II. (a) Goods imported against payment in freely convertible currency
would be permitted for export only against payment in freely convertible
currency, unless otherwise notified by DGFT. |
2.46 Import for export
I. (b) Goods, including capital goods (both new and second hand), may be
imported for export provided
iii. Export is against freely convertible currency or as per 2.52(d)(ii)
of FTP II. (a) Goods imported against payment in freely convertible currency
would be permitted for export only against payment in freely convertible
currency, unless otherwise notified by DGFT. Goods imported under Para
2.52(d)(i) would be permitted for exports only against payments as per
Para 2.52(d)(ii), unless otherwise notified by DGFT. |
2. |
2.53 Export to Iran –Realisations
in Indian Rupees to be eligible for FTP benefits / incentives
Notwithstanding the provisions contained in para 2.52 (a) above,
export proceeds realized in Indian Rupees against exports to Iran are
permitted to avail exports benefits / incentives under the Foreign Trade
Policy (2015-20), at par with export proceeds realized in freely
convertible currency |
2.53 Applicability of
FTP Schemes for Export Realisations in Indian Rupees
(i) Export proceeds realized in Indian Rupees against exports to
Iran are permitted to avail exports benefits/fulfilment of Export
Obligations under the Foreign Trade Policy (2015-20), at par with export
proceeds realized in freely convertible currency, subject to compliance
of para 2.18 of the FTP.
(ii) Export proceeds realized in Indian Rupees as per para 2.52(d)(ii)
are permitted to avail exports benefits/fulfilment of Export Obligations
under the Foreign Trade Policy (2015-20). |
3. |
3.20 Status Holder
(b) All exporters of goods, services and technology having an
import-export code (IEC) number shall be eligible for recognition as a
status holder. Status recognition will depend on export performance. An
applicant shall be categorized as status holder on achieving export
performance during the current and previous three financial years (for
Gems & Jewellery Sector the performance during the current and previous
two financial years shall be considered for recognition as status
holder) as indicated in paragraph 3.21 of Foreign Trade Policy. The
export performance will be counted on the basis of FOB of export earning
in freely convertible foreign currencies. |
3.20 Status Holder
b) All exporters of goods, services and technology having an
import-export code (IEC) number shall be eligible for recognition as a
status holder. Status recognition will depend on export performance. An
applicant shall be categorized as status holder on achieving export
performance during the current and previous three financial years (for
Gems & Jewellery Sector the performance during the current and previous
two financial years shall be considered for recognition as status
holder) as indicated in paragraph 3.21 of Foreign Trade Policy. The
export performance will be counted on the basis of FOB of export earning
in freely convertible foreign currencies or in Indian Rupees as per para
2.53 of the FTP. |
4. |
4.21 Currency for
Realisation of Export Proceeds
(i) Export proceeds shall be realized in freely convertible currency
except otherwise specified. Provisions regarding realisation and non-realisation
of export proceeds are given in paragraph 2.52, 2.53 and 2.54 of FTP.
|
4.21 Currency for
Realisation of Export Proceeds
(i) Export proceeds shall be realized in freely convertible currency
or in Indian Rupees as per para 2.53 of FTP, except otherwise specified.
Provisions regarding realisation and non-realisation of export proceeds
are given in paragraph 2.52, 2.53 and 2.54 of FTP. |
Effect of this Notification:
Amendments under FTP are notified, to permit exports benefits / fulfilment of
Export Obligations for Invoicing, payment and settlement of exports and imports
in INR, as per RBI's A.P. (DIR Series) Circular No. 10 dated 11TH July, 2022.
This shall come into force with immediate effect.
This issues with the approval of Minister of Commerce & Industry.
(Santosh Kumar Sarangi)
Director General of Foreign Trade &
Ex-officio Addl. Secretary to the Government of India
E-mail: dgft@nic.in
[File No. 01/93/180/32/AM-19/PC.II(B)/F;-17430]