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Importer and Exporter Code and Licence under Foreign Trade (D&R) Act 1992

Importer and Exporter Code and Licence under Foreign Trade (D&R) Act 1992

Importer and Exporter Code means the Code Number granted under section 7 of the Foreign Trade (D&R) Act, 1992.

Section 2(g) of the Foreign Trade (D&R) Act, 1992 defines ‘licence’ as a licence to import or export and includes a customs clearance permit and any other permission issued or granted under this Act;

Grant of Importer and Exporter Code Number and Licence

Section 7 of the Foreign Trade (D&R) Act, 1992 prescribes provisions for granting of Importer and Exporter Code and Licence.

Accordingly, no person shall make any import or export except under an Importer and Exporter Code Number granted by the Director General or the officer authorized by the Director General in this behalf, in accordance with the procedure specified in this behalf by the Director General.

In case of import or export of services or technology the Importer and exporter Code Number shall be necessary only when the service or technology provider is taking benefit under the foreign trade policy or is dealing with specified services or specified technologies.

Suspension and cancellation of Importer-exporter Code Number

Where –

(a) any person has contravened any of the provisions of this Act or any rules or orders made thereunder or the foreign trade policy or any other law for the time being in force relating to Central excise or customs or foreign exchange or has committed any other economic offence under any other law for the time being in force as may be specified by the Central Government by notification in the Official Gazette, or

(b) the Director General or any other officer authorized by him has reason to believe that any person has made an export or import in a manner prejudicial to the trade relations of India with any foreign country or to the interests of other persons engaged in imports or exports or has brought disrepute to the credit or the goods of, or services or technology provided from the country, or

(c) any person who imports or exports specified goods or services or technology, in contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy,

the Director General or any other officer authorized by him may call for the record or any other information from that person and may, after giving to that person a notice in writing informing him of the grounds on which it is proposed to suspend or cancel the Importer and exporter Code Number and after giving him a reasonable opportunity of making a representation in writing within such reasonable time as may be specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be specified in the order, or cancel the Importer and exporter Code Number granted to that person.

Where any Importer and exporter Code Number granted to a person has been suspended or cancelled under section 8(1), such person shall not be entitled to import or export any goods or services or technology except under a special licence, granted, in such manner and subject to such conditions as may be prescribed, by the Director General to that person.

Issue, suspension and cancellation of licence

The Central Government may levy fees, subject to such exceptions, in respect of such person or class of persons making an application for a licence, certificate, scrip or any instrument bestowing financial or fiscal benefits or in respect of any licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted or renewed in such manner as may be prescribed.

The Director General or an officer authorized by him may, on an application and after making such inquiry as he may think fit –

(a) grant or renew or refuse to grant or renew a licence to import or export such class or classes of goods or services or technology as may be prescribed and,

(b) grant or renew or refuse to grant or renew certificate, scrip or any instrument bestowing financial or fiscal benefit after recording in writing his reasons for such refusal.

A licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted or renewed under this section shall –

(a) be in such form as may be prescribed;

(b) be valid for such period as may be specified therein; and

(c) be subject to such terms, conditions and restrictions as may be prescribed or as specified in the licence with reference to the terms, conditions and restrictions so prescribed.

The Director General or the officer authorized under section 9(2) may, subject to such conditions as may be prescribed for good and sufficient reasons, to be recorded in writing suspend or cancel any licence, certificate, scrip or any instrument bestowing financial or fiscal benefits granted under this Act

No such suspension or cancellation shall be made except after giving the holder of the licence a reasonable opportunity of being heard.

Importer and Exporter Code and Licence under Foreign Trade (D&R) Act 1992

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