Bare ActsExtract From The Export And Import Policy 2002-2007

Section 9-CHAPTER-9-14

Amendment status not verified — confirm the current text below against the official source.

"Wild Animal" means any wild animal as defined in Section 2(36) of the Wildlife (Protection) Act, 1972. IMPORT 1. Import of Wild Animals (including their parts and products) as defined in the Wildlife (Protection) Act, 1972 is prohibited. Bird’s eggs, in shell, fresh, preserved or cooked are not permitted to be imported (including their parts and products). 2. Import of living plants, seeds for sowing or plant material shall be made by the Indian Council of Agricultural Research, Agricultural Universities, Botanical and Horticulture Departments of other Universities and State Governments, without a licence. Such import shall be subject to such conditions as may be specified by the Ministry of Agriculture, Government of India, from time to time. 3. Import of live animals other than wild animals as defined under Wildlife (Protection) Act, 1972 is permitted against a licence to zoos and zoological parks, circus companies, private individuals, on the recommendation of the Chief Wildlife Warden of a State Government subject to the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). For recognized scientific/research institutions, in addition to the above requirement, recommendations of Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA) under the Prevention of Cruelty to Animals Act, 1960 shall also be required for issuance of import license. 4. An application for grant of a licence for import of Animals, Birds and Reptiles (including their parts and products) may be made to the Director General of Foreign Trade along with the recommendation of the Chief Wildlife Warden of the State concerned. 5. An application for grant of a licence for Livestock (excluding equine), pureline stocks, birds’ eggs, frozen semen/embryo, and commercial chicks may be made to the Director General of Foreign Trade along with the recommendation of the Department of Agriculture and Co-operation, Government of India. 6. The elephant, hippopotamus, walrus, narwhal and wild boar, tusks, rhinoceros horns and the teeth of all animals are regarded as "Ivory". Wild animals, wildlife and wild birds are those as specified in Wildlife (Protection) Act, 1972. 1. Prohibited items (Not permitted to be imported) 1. Meat and edible meat offal of wild animals, fresh, chilled or frozen. 2. Edible products of wild animal origin. 3. Guts of wild animals for natural and other than for natural food casings. 4. Bladders and stomachs of wild animals. 5. Feathers, powder and waste of feathers, of wild birds. 6. Skins and other parts of wild birds. 7. Bones including horn cores and parts thereof crushed or not crushed, of wild animals. 8. Bone grist of wild animals. 9. Ossein of wild animals. 10. Bone meal of wild animals. 11. Ivory. 12. Ivory powder and waste. 13. Natural sponges of wild animal origin. 14. Ambergris, castoreum, civet and musk, cantharides, bile, glands and other animal products of wild animals. 15. Fish nail of wild life. 16. Other fish waste of wildlife. 17. Sinews and tendons of wildlife. 18. Frozen semen of wildlife. 19. Marguarine (excluding liquid) of animal origin. 20. Imitation lard of animal origin. 21. Animal fats and oils and their fractions. 22. Tiger/ cat skins. 23. Articles of apparel and clothing accessories and other articles of fur/skin of wild animals covered under Wild Life (Protection) Act, 1972. Restricted items (including parts and products) 1. Mammals Whale shark (Rhincodon typus) Primates Whales Dolphins Porpoises Manatees Dugongs Elephants Cattle and buffaloes including their germ-plasm (exports permitted under license) 2. Reptiles including Snakes and Turtles (including their eggs) 3. Birds including their eggs (in shell, fresh, preserved or cooked) Birds of Prey Skin and other parts of birds Salanganes (birds) and turtle eggs Callus domesticus, its eggs and ducks Psittaciformes including Parrots Parakeets Macaws Cockatoos 4. Bees and other insects Frog legs Pureline stock Live fish Edible products of animal origin of wild animals Turtle eggs and salanganes (birds) Meat and edible meat offal of swine, sheep, goat and bovine animals, tongue, liver, pureline stock EXPORT All goods other than those listed below are (subject to any other law for the time being in force) freely exportable without export licence. Prohibited items are not permitted to be exported. Restricted items are permissible for export under proper licence. Export through STE (State Trading Enterprise(s) is permitted without an export licence through designated STEs only. Any goods, the import and export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), may be imported or exported by the State Trading Enterprise(s) as specified in the ITC (HS) Book subject to the conditions specified therein. The Director General of Foreign Trade may, however, grant a licence/certificate/permission to any other person to import or export any of these goods. In respect of goods the import or export of which is governed through exclusive or special privileges granted to State Trading Enterprise(s), the State Trading Enterprise(s) shall make any such purchases or sales involving imports or exports solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale. These enterprises shall act in a non-discriminatory manner and shall afford the enterprises of other countries adequate opportunity, in accordance with customary business practices, to compare for participation in such purchases or sales. Export allowed only through the ports of Mumbai, Kolkata, Cochin, Delhi, Chennai, Tuticorin and Amritsar. Prohibited (not permitted to be exported): 1. All forms of wild animals including their parts and products. 2. Exotic birds except the following: Albino Budgerigars Budgerigars Bengali Finches White Finches Zebra Finches Java Sparrow 3. Sea Shells Trochus niloticus Turbo sp. Lamnis sp. Tridacna giga Xancus pyrus 4. Peacock tail feathers including handicrafts and articles made thereof. 5. Manufactured articles and shavings of shed antlers of Chital and Sambar. 6. All items of plants included in Appendix I and Appendix II of the Convention of International Trade in Endangered Species (CITES), wild orchid as well as plants as specified below at serial No.11. 7. Tallow, fat and/or oils of any animal origin excluding fish oil. 8. Wood and wood products in the form of logs, timber, stumps, roots, bark, chips, powder, flakes, dust, pulp and charcoal except sawn timber made exclusively out of imported logs/ timber (subject to conditions for the time being in force). 9. Sandalwood in any form, but excluding: i. Finished handicraft products of sandalwood. ii. Machine finished sandalwood products iii. Sandalwood oil 10. Red Sanders wood in any form, whether raw, processed or unprocessed, except value added products of Red Sanders wood. 11. Plants, plant portions and their derivatives and extracts 1. Baddomes cycad (Cycas beddomei) 2. Blue vanda (Vanda coerulea) 3. Saussurea costus 4. Ladies slipper orchid (Paphiopedilium sp.) 5. Pitcher plant (Nepenthes khasiana) 6. Red vanda (Renanthera imschootiana) 7. Rauvolfia serpentina (Sarpagandha) 8. Ceropegia sp. 9. Frerea indica (Shindal Mankundi) 10. Podophyllum hexandurm (emodi) (Indian Podophyllum) 11. Cyatheaceae sp. (Tree Ferns) 12. Cycadacea species (Cycads) 13. Dioscorea deltoidea (Elephant’s foot) 14. Euphorbia sp. (Euphorbias) 15. Orchidaceae species (Orchids) 16. Pterocarpus santalinus (Redsanders) 17. Taxus wallichiana (Common yew or Birmi Leaves) 18. Aquilaria malaccensis (Agarwood) 19. Aconitum sp. 20. Cpotis teeta 21. Coscinium fencstrum (Calumba wood) 22. Dactylorhiza hatagirea 23. Gentiana kurroo (Kuru, Kutki) 24. Gnetum sp. 25. Kampheria galenga 26. Nardostachys grandiflora 27. Panax pseudoginseng 28. Picrorhiza kurrooa 29. Swertia chirata (Charayatah) Plants and Plant portions, derivatives and extracts of the cultivated varieties of the above plant species (excluding Sl. No. 16) will be allowed for export subject to production of a Certificate of Cultivation from the Regional Deputy Director (Wild Life), or Chief Conservator of Forests or Divisional Forest Officer of the State concerned from or when cultivated in non-forest areas, the District Agriculture Officer concerned provided that, forest/wildlife officials shall continue to issue transport permits and CITES permit when cultivation certificates are issued by DAO, DHO, where these plants and plant portions have been procured. However, in respect of the cultivated varieties of the species a CITES Permit for export will also be required. RESTRICTED: Exports permitted under licence 1. Exotic Bird - Java Sparrow 2. Fish and frozen silver Pomfrets 3. Beche-de-mer 4. Sea shells, excluding polished sea shells and handicrafts made out of sea shells of all species (excluding those prohibited) 5. Seeds and planting materials: i. Cashew seeds and plants ii. Jute seeds iii. Egyptian clover (Barseem) Trifolium alaxtum seeds iv. Nux vomica seeds/bark/leaves/roots and powder thereof v. Onion seeds vi. Seeds of ornamental plants (wild variety) vii. Paddy seeds (wild variety) viii. Pepper cutting or rooted cutting of pepper ix. Red sanders seeds (Pterocarpus santalinus) x. Rubber seeds xi. Russa grass seeds and tufts xii. Seeds of all forestry species xiii. Sandalwood seeds (Santalum album) xiv. Saffron seeds or corms (planting material for saffron) xv. Wheat seeds (wild variety) xvi. Neem seeds 6. Sea weeds of all types, including Gedulis but excluding brown sea weeds and agarophytes of Tamil Nadu Coast origin in processed form 7. Sandalwood De-oiled spent dust 8. Sandalwood chips 9. Value added products of Red Sanders wood 10. Silkworms, silkworm seeds, silk worm cocoons 11. Pulp of Wood or of other Fibrous Cellulosic material; waste and scrap of paper, paperboard, waste paper. STATE CODES (to be filled in the shipping bills by the authorized exporters) 01 Assam 02 Meghalaya 03 Mizoram 06 Bihar 07 Jharkhand 09 Arunachal Pradesh 10 West Bengal 14 Nagaland 15 Manipur 16 Orissa 17 Sikkim 18 Tripura 19 Andaman and Nicobar 20 Uttar Pradesh 21 Uttaranchal 29 Delhi 30 Punjab 34 Haryana 39 Chandigarh 44 Jammu and Kashmir 46 Himachal Pradesh 50 Rajasthan 54 Gujarat 60 Maharashtra 67 Daman and Diu 68 Goa 69 Dadra and Nagar Haveli 70 Madhya Pradesh 71 Chattisgarh 80 Andhra Pradesh 84 Karnataka 89 Lakshdweep 90 Tamilnadu 96 Kerala 99 Pondicherry SUB: INDO MYANMAR BORDER TRADE* With a view to promote Indo-Myanmar bilateral / border trade, the Director General of Foreign trade, in terms of the provision contained in paragraph 21C of Chapter IV of the Export and Import Policy, 1992-97, hereby permits import / export of the following locally produced commodities, by the people living along both sides of the Indo-Myanmar border as per the prevailing customary practices— *** *** *** 9. Bamboo 10. Minor Forest products (excluding Teak) *** *** *** 2. Import of rice from Myanmar shall be subject to an annual ceiling of 50,000 M. Tonnes to be reckoned on financial year basis i.e. from April to March. 3. The exchange of the above item shall, however, be subject to any other laws for the time being in force. 4. This Public Notice shall take effect from 12th April, 1995. ***** EXPORT OF MEAT PRODUCTS UNDER DEPB SCHEME** Attention is invited to Public Notice No. 10 (RE-98) dated 1st May, 1998 under which the DEPB rate of frozen meat was notified. Certain doubts have been expressed regarding kinds of meat covered under serial number 1 of fish and fish products as given in the then Appendix 28A. Its clarified that serial number 1 of fish and fish product while referring to frozen meat covers frozen meat not only of fish but also other kinds of frozen meats like buffalo meat etc. as the corresponding norms only allowed packaging material and in the past value based Advance Licence were issued for buffalo meat under the same Standard Input Output Norms. Therefore the DEPB rate notified vide Public Notice No. 10 dated 1/5/98 shall cover all frozen meat whether fish meat, buffalo meat or chicken meat. However, since the description under serial number 1 of fish and fish product was amended to specifically include fish meat only under Public Notice No. 55 (RE-99) dated 11/11/98, the same shall only cover fish meat w.e.f. 11/11/98 and therefore other variety of meat shall not be eligible for DEPB benefit between 11/11/98 to 7/5/99. From 8/5/99 meat products shall be eligible for DEPB rate under serial number 15 of food product as given in Appendix 28A. A certificate from the Chief Wild Life Warden of the concerned Slate from where Exotic Birds (Jawa Sparrow) have been procured to the effect that the birds to he exported are from Captive Bred Stock. Exports, if allowed, shall be subject to pre-shipment inspection and CITES Certificate. Export subject to conditions laid down by DGFT. Exports permitted under licence subject to— (i) Only value added products such as Extracts, Dyes, Musical Instruments and parts of Musical Instruments, made from Red-sanders wood, procured from legal sources, shall be allowed for exports. (ii) Applications for export licences should be accompanied by attested copies of certificate of origin issued by the Principal Chief Conservator of Forests of the State from where the stocks were procured, giving details of the date of procurement from legal sources and quantities procured. A Certificate of the current position of stocks so procured and available with the applicant given after physical verification of the stocks, by the authority nominated for the purpose by the Principal Chief Conservator of Forests, should also accompany application for export licence. (iii) The applications shall be considered on merits for issue of Export Licence, which shall be subject to any other conditions such as MEP, quantity ceilings requirements under CITES, etc. as may be prescribed from time to time. The value added formulation, made out of imported species of plants and plant portions will be allowed to be exported freely without any restriction subject to furnishing of an affidavit to the customs authorities at the time of export that only the imported plant species as above have been used for the manufacturer of value added formulations being exported. In the event of affidavit proving to be false, on the basis of random sample tests, action would be initiated against the firm under the Foreign Trade (Development and Regulations) Act, 1992. All formulations, herbal/Ayurvedic medicine where the label does not mentioned any ingredients extracted from these prohibited plants shall be freely exportable without the requirement of any certification from any authorities whosoever. * Notice No.289 (PN)/92-97 dt. 10/04/1995. ** Circular No. 47 (RE-99)/99-2000 dt. 15/12/1999.

Section 9-CHAPTER-9-14 – Extract From The Export And Import Policy 2002-2007 | DailyLaw.ai