Restricted Authorisations for Import and Export

Any goods/service, the export or import of which is ‘Restricted’ maybe exported or imported only in accordance with an Authorization/Permission or in accordance with the Procedures prescribed in a Notification/Public Notice issued in this regard.

Import of Restricted Items:
An application for grant of an Authorization for import or export of items mentioned as ‘Restricted’ in ITC (HS) may be made to RA, with a copy to DGFTH qrs in ANF2M along with documents prescribed therein. Original application along with Treasury Receipt (TR) / Demand Draft shall be submitted to RA concerned and self-attested copy of same shall be submitted to DGFT in duplicate along with proof of submission of application to concerned RA.

EXIM Facilitation Committee

1. Restricted item Authorization may be granted by DGFT or any other RA authorized by him in this behalf. DGFT / RA may take assistance and advice of a Facilitation Committee while granting authorization. The Assistance of technical authorities may also be taken by seeking their comments in writing. Facilitation Committee will consist of representatives of Technical Authorities and Departments / Ministries concerned.
2. Import authorizations for a restricted item, if so directed by the competent authority, shall be issued for import through one of the sea ports or air ports or ICDs or LCS, as per the option indicated, in writing, by the applicant. Authorization holder shall register the import authorization at the port specified in the Authorization and thereafter all imports against said authorization shall be made only through that port, unless the authorization holder obtains permission from customs authority concerned to import through any other specified port.
3. EXIM Facilitation Committee (EFC) shall normally meet once every month. Where a case has been deferred in EFC for want of comments from the Technical Authorities and Departments /Ministries concerned but subsequently, NOC(s) has / have been received from the concerned agency (ies) with no divergence in views, authorization shall be issued with the approval of Chairman, EFC and the case shall be brought before EFC in its subsequent meeting for approval on ex- post facto basis.

Import of Restricted items required by Hotels, Restaurants, Travel Agents, Tour Operators and other Specified Categories
Items mentioned as restricted for imports in ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorization, based on recommendation of Director General, Tourism, and Government of India.

1. Hotels, including tourist hotels,  recognized  by  Director General  of Tourism, Government of India or a State Government shall be entitled to import Authorization up to a value of 25% of foreign exchange earned by them from foreign tourists during preceding licensing year, for import of essential goods related to hotel and tourism industry.
2. Travel  agents,  tour   operators,   restaurants,   and   tourist transport operators and other units for tourism, like adventure/wildlife and convention units, recognized by Director General of Tourism, Government of India, shall be entitled to import authorization up to a value of 10% of foreign exchange earned by them during preceding licensing year, for import of essential goods which are restricted for imports related to travel and tourism industry, including office and other equipment required for their own professional use.
3. Import entitlement under paragraphs 2.52 (a) and 2.52 (b) of any one licensing year can be carried forward, either in full or in part, and added to import entitlement of two succeeding licensing years.
4. Such imported goods may be transferred after 2 years with permission of DGFT. No permission for transfer will be required in case the imported goods are re-exported. However, re-export shall be subject to all conditionality, or requirement of license, or permission, as may be required under Schedule II of ITC (HS).
5. An application for grant of an Authorization under paragraphs 2.52
6. And 2.52
7. Maybe made in ANF2M to DGFT through Director of Tourism, Government of India who will forward application to RA concerned along with their recommendations.

Import of Restricted items for R&D by units of Government
All restricted items and items permitted to be imported by STEs, except live animals, required for R&D purpose may be imported without an Authorization by Government recognized Research and Development units.

Import of Metallic Waste and Scrap
Import of any form of metallic waste, scrap will be subject to the condition that it will not contain hazardous, toxic waste, radioactive contaminated waste / scrap containing radioactive material, any type of arms, ammunition, mines, shells, live or used cartridge or any other explosive material in any form either used or otherwise.

1. Import of following types of metallic waste and scrap will be free subject to conditions detailed below:

1. ‘Freely’ Importable metallic waste and scraps (shredded) as listed above shall be permitted through all ports of India subject to following conditions:
1. At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format to Appendix 2H from any of the Inspection & Certification agencies given in Appendix-2G, to the effect that the consignment was checked for radiation level and scrap does not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as  also  the  maximum radiation level on the scrap; and
2. Importer shall also furnish copy of the contract with the exporter stipulating that the consignment does not contain any radioactive contaminated  material in any form.
1. Import from Hodaideh, Yemen and Bandar Abbas, Iran will be in shredded form only.
2. Import of un-shredded compressed and loose form of metallic waste, scrap listed in paragraph 2.54(a) above in shall be subject to the following conditions:-
3. At the time of the clearance of goods, importer shall furnish to the Customs pre-shipment inspection certificate as per the format in Appendix 2H from any of the Inspection & Certification agencies given in Appendix-2G to the effect that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, or any other explosive material in any form either used or otherwise, and that the consignment was checked for radiation level and it does not contain radiation level (gamma and neutron) in excess of natural background. The certificate shall give the value of background radiation level at that place as also the maximum radiation level on the scrap.
4. The imported item (s) is actually a metallic waste/scrap/seconds/defective as per the internationally accepted parameters for such a classification.
5. Copy of the contract between the importer and the exporter stipulating that the consignment does not contain any type of arms, ammunition, mines, shells, cartridges, radioactive contaminated, or any other explosive material in any form either used or otherwise.
6. Import of scrap would take place only through following designated ports and no exceptions would be allowed even in case of EOUs, SEZs:-
7. Chennai,
8. Cochin,
9. Ennore,
10. JNPT,
11. Kandla,
12. Mormugao,
13. Mumbai,
14. New Mangalore,
15. Paradip,
16. Tuticorin,
17. Vishakhapatnam,
18. Pipava,
19. Mundra, and
20. Kolkata.

1. Only entry sea ports will be designated and notified for import of un- shredded Metallic Waste and Scrap subject to the following:
2. Any sea port to be designated for import of un–shredded metallic scrap will be required to install Radiation Portal Monitors and Container Scanner with adequate security. The sea port having completed the above shall approach jurisdictional Customs for inspection and certification. Customs may give necessary clearance on receipt of certification from AERB. On getting clearance from Customs, DGFT will notify such a port as designated port for import of un–shredded scrap.
3. The existing designated sea ports namely Chennai, Cochin, Ennore, JNPT, Kandla, Mormugao, Mumbai, New Mangalore, Paragraphdip, Tuticorin, Vishakhapatnam, Pipava, Mundra and Kolkata will be allowed to import un- shredded scrap till 31st March, 2018 by which time they are required to install and operationalise Radiation Portal Monitors and Container Scanner. Such sea ports which fail to meet the deadline will be de-recognized for the purpose of import of un-shredded metallic scrapw.e.f1.4.2018.
4. (i) Further, any ICD can handle clearance of un–shredded metallic scrap provided the same passes through any of the designated sea ports as mentioned above or any new ports to be notified/designated from time to time, where Radiation Portal Monitors and Container Scanner are in operation and the consignment is subjected to risk based scanning/ monitoring as per the protocol laid down by Customs.