Foreign Trade Policy 2015-20
CHAPTER 1
LEGAL FRAMEWORK AND TRADE FACILITATION
(Relevant Procedure Chapter 1)
A. LEGAL FRAMEWORK
1.00 Legal Basis of Foreign Trade Policy (FTP)
The Foreign Trade Policy, 2015-20, (as updated) w.e.f. 05.12.2017 is notified by Central Government, in exercise of powers conferred under Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No. 22 of 1992) [FT (D&R) Act], as amended.1.01 Duration of FTP
The Foreign Trade Policy (FTP), 2015-2020,(as updated) w.e.f. 05.12.2017 incorporating provisions relating to export and import of goods and services, shall come into force with effect from the date of notification and 6[shall remain in force up to 31.03.2023 unless otherwise specified.] old[5[shall remain in force upto 30.09.2022 unless otherwise specified]] old[4[shall remain in force upto 31.03.2022 unless otherwise specified]] old[3[shall remain in force upto 30th September, 2021 unless otherwise specified]] old[2[shall remain in force upto 31st March, 2021 unless otherwise specified.]] old[shall remain in force up to 31st March, 2020, unless otherwise specified.] All exports and imports made upto the date of notification shall, accordingly, be governed by the relevant FTP, unless otherwise specified.1.02 Amendment to FTP
Central Government, in exercise of powers conferred by Section 5 of FT (D&R) Act, 1992, as amended from time to time, reserves the right to make any amendment to the FTP, by means of notification, in public interest.1.03 Hand Book of Procedures (HBP) and Appendices & Aayat Niryat Forms (AANF)
Director General
of Foreign Trade (DGFT)
may, by means of a Public Notice, notify Hand Book of Procedures,
including Appendices and Aayat Niryat Forms or amendment thereto, if
any, laying down the procedure to be followed by an exporter or importer
or by any Licensing/Regional Authority or by any other authority for
purposes of implementing provisions of FT (D&R) Act, the Rules and the
Orders made there under and provisions of FTP.1.04 Specific provision to prevail over the general
Where a specific provision is spelt out in the FTP/Hand Book of Procedures (HBP), the same shall prevail over the general provision.*1.05 Transitional Arrangements
(a) Any License / Authorisation / Certificate / Scrip / instrument bestowing financial or fiscal benefit issued before commencement of FTP, 2015-20 (as updated) w.e.f. 05.12.2017shall continue to be valid for the purpose and duration for which it was issued, such License/Authorisation/ Certificate / Scrip / any instrument bestowing financial or fiscal benefit Authorisation was issued, unless otherwise stipulated.1[(b) Item wise Import/Export Policy is delineated in the ITC (HS) Schedule I and Schedule II respectively. The importability/ exportability of a particular item is governed by the policy as on the date of import/export. The date of import/ export is defined in para 2.17 of HBP, 2015-20. Bill of Lading and Shipping Bill are the key documents for deciding the date of import and export respectively. In case of change of policy from free' to 'restricted/prohibited/state trading' or 'otherwise regulated', the import/export already made before the date of such regulation/restriction will not be affected. However the import through High Sea sales will not be covered under this facility.
Further, 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 operationalising such ICLC, the applicant shall have to register the ICLC with jurisdictional RA Regional Authority against computerized receipt within 15 days of imposition of any such restriction/regulation
Whenever, Government brings out a policy change of a particular item, the change will be applicable prospectively (from the date of Notification) unless otherwise provided for].
old[(b) In case an export or import that is permitted freely under FTP is subsequently subjected to any restriction or regulation, such export or import will ordinarily be permitted, notwithstanding such restriction or regulation, unless otherwise stipulated. This is subject to the condition that the shipment of export or import is made within the original validity period of an irrevocable commercial letter of credit, established before the date of imposition of such restriction and it shall be restricted to the balance value and quantity available and time period of such irrevocable letter of credit. For operationalising such irrevocable letter of credit, the applicant shall have to register the Letter of Credit with jurisdictional Regional Authority (RA) against computerized receipt, within 15 days of the imposition of any such restriction or regulation].
1. Substituted Vide Notification No. 05/2015-2020 Dt.25/04/2018
2. Substituted Vide Notification No. 57/2015-2020 Dt.31/03/2020
3. Substituted Vide Notification No. 60/2015-2020 Dt.31/03/2020
4. Substituted Vide Notification No. 33/2015-2020 Dt.28/09/2021
5. Substituted Vide Notification No. 64/2015-2020 Dt.31/03/2022
6. Substituted Vide Notification No. 37/2015-2020 Dt.29/09/2022