1. Free Exportability

All goods other than the entries in the export licensing schedule along with its appendices are freely exportable. The free exportability 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.

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.

2. Code does not limit the item description

The export policy of a specific item will be determined mainly by the description and nature of restriction in the schedule. The code number is illustrative of classification but does not limit the descriptio by virtue of the standard description of the item against the code in the import part of the ITC(HS) classification.

3. Classes of Export Trade Control

A. 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).

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. 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 para 2.11 of Foreign Trade Policy 2009-14.

D. Restrictions on Countries of Export

(i) Export of Arms and related material to Iraq is Prohibited. However, export of Arms and related material to Government of Iraq shall be permitted subject to ‘No Objection Certificate’ from the Department of Defence Production.

(Above Sl. NO. 3 D (i) has been substiuted vide NOTIFICATION NO. 67/2013, DT. 12/02/2014)

[OLD- (i) Export of Arms and related material to Iraq shall be prohibited. ]

(ii) Direct or indirect export of all items, materials, equipments, goods and technology which could contribute to Iran’s enrichment related, reprocessing or heavy water related activities, or to development of nuclear weapon delivery systems including those listed in INFCIRC/254/Rev.9/Part 1 and INFCIRC/254/Rev.7/Part 2 (IAEA Documents) and items listed in S/2010/263 (UN Security Council Document) or any items related to nuclear and missile development programmes is prohibited. All the UN Security Council Resolutions/Documents and IAEA Documents referred to above are available on the UN Security Council website (www.un.org/Docs/sc) and IAEA website (www.iaea.org).

(iii) Direct or indirect export of following items, whether or not origninating in Democratic People’s Republic of Korea (DPRK), to DPRK is prohibited:

All items, materials equipment, goods and technology including as set out in lists in documents S/2006/814, S/2006/815 (including S/2009/205), S/2009/364 and S/2006/853 (United Nations Secruty Council Documents) INFCIRC/254/Rev.9/Part 1a and INFCIRC/254/Rev.7/Part 2a (IAEA documents) which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes.

(iv) Export of rough diamonds to Cote d’Ivoire is prohibited in compliance to Paragraph 6 of UN Security Council Resolution(UNSCR) 1643 (2005).

(v) Export of rough diamond [ITC (HS) Code 710210, 710221 or 710231) to Venezuela shall be Prohibited in view of voluntary separation of Venezuela from the Kimberley Process Certification Scheme (KPCS). No Kimberley Process Certificate shall be accepted / endorsed / issued for export of rough diamond to Venezuela.

(vi) In addition to above, export to other countries will be subject to conditions as specified in Para 2.1 of the Foreign Trade Policy 2009-14 and Para 2.2 of the Handbook of Procedures 2009-2014 (Vol. I) and other conditions which may be listed in the title ITC (HS) Classification of Export and Import tems.

 4. Human Biological Samples for commercial purposes

The import of human biological samples by the Indian diagnostic laboratories / Indian Clinical Research Centres for lab analysis / R & D testing or export of these materials to foreign laboratories should be permitted by Customs authorities at the port of entry / exit without prior approvals (import licence / export permit) from any other Government agency, provided the concerned Indian company / agency submits an undertaking that they are following and will follow all the applicable rules, regulations & procedures for safe transfer and disposal of the biological samples being imported / exported as per the related norms / regulations set by WHO* / DGFT** [SCOMET items in Export Policy of ITC (HS), 2012, Schedule  2 (Export Policy)] / Ministry of Environment, Forests and Climate Change***, Government of India, to the Customs authorities at the port of entry / exit along with the details of such samples.

(Above General note no. 4 has been inserted vide NOTIFICATION NO. 19/2016, DT. 04/08/2016)