The Foreign Trade (Development and Regulation) Act, 1992

(1) This Act may be called the Foreign Trade (Developmentand Regulation) Act, 1992. (2) Sections 11 to 14 shall come into force at once and the remaining provisions of this Act shall bedeemed to have come into force on the 19th day of June, 1992.

In this Act, unless the context otherwise requires,-- (a) "Adjudicating Authority" means the authority specified in, or under, section 13; (b) "Appellate Authority" means the authority specified in, or under, sub-section (1) ofsection 15; (c) "conveyance" means any vehicle, vessel, aircraft or any other means of transport includingany animal; (d) "Director General" means the Director General of Foreign Trade appointed under section 6; 1[(e) "import" and "export" means,-- (I) in relation to goods, bringing into, or taking out of, India any goods by land, sea or air; (II) in relation to services or technology,-- (i) supplying, services or technology-- (A) from the territory of another country into the territory of India; (B) in the territory of another country to an Indian service consumer; (C) by a service supplier of another country, through commercial presence in India; (D) by a service supplier of another country, through presence of their naturalpersons in India; (ii) supplying, services or technology-- (A) from India into the territory of any other country; (B) in India to the service consumer of any other country; (C) by a service supplier of India, through commercial presence in the territory of anyother country; (D) by a service supplier of India, through presence of Indian natural persons in theterritory of any other country: Provided that "import" and "export" in relation to the goods, services and technology regardingSpecial Economic Zone or between two Special Economic Zones shall be governed in accordancewith the provisions contained in the Special Economic Zones Act, 2005 (28 of 2005).] (f) "Importer-exporter Code Number" means the Code Number granted under section 7; (g) "licence" means a licence to import or export and includes a customs clearance permit andany other permission issued or granted under this Act; (h) "Order" means any Order made by the Central Government under section 3; and (i) "prescribed" means prescribed by rules made under this Act. 2[(j) "services" means service of any description which is made available to potential users andincludes all the tradable services specified under the General Agreement on Trade in Services enteredinto amongst India and other countries who are party to the said Agreement: Provided that, this definition shall not apply to the domain of taxation; (k) "service supplier" means any person who supplies a service and who intends to take benefitunder the foreign trade policy; (l) "specified goods or services or technology" means the goods or services or technology, theexport, import, transfer, re-transfer, transit and transshipment of which is prohibited or restrictedbecause of imposition of conditions on the grounds of their being pertinent or relevant to India as aNuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policyor its international obligations under any bilateral, multilateral or international treaty, covenant,convention or arrangement relating to weapons of mass destruction or their means of delivery towhich India is a party or its agreement with a foreign country under the foreign trade policyformulated and notified under section 5 of the Act; (m) "technology" means any information (including information embodied in software), otherthan information in the public domain, that is capable of being used in-- (i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or theprovision of service of any kind. Explanation.--For the purpose of this clause-- (a) when technology is described wholly or partly by reference to the uses to which it (or thegoods to which it relates) may be put, it shall include services which are provided or used, orwhich are capable of being used in the development, production or use of such technology orgoods; (b) "public domain" shall have the same meaning as assigned to it in clause (i) of section 4 ofthe Weapons of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities)Act, 2005 (21 of 2005).]

1 Powers to make provisions relating to imports and exports.--(1) The Central Governmentmay, by Order published in the Official Gazette, make provision for the development and regulation offoreign trade by facilitating imports and increasing exports. (2) The Central Government may also, by Order published in the Official Gazette, make provision forprohibiting, restricting or otherwise regulating, in all cases or in specified classes of cases and subject tosuch exceptions, if any, as may be made by or under the Order, the 2[import or export of goods or servicesor technology]: 3[Provided that the provisions of this sub-section shall be applicable, in case of import or export ofservices or technology, only when the service or technology provider is availing benefits under theforeign trade policy or is dealing with specified services or specified technologies.] (3) All goods to which any Order under sub-section (2) applies shall be deemed to be goods theimport or export of which has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962)and all the provisions of that Act shall have effect accordingly. 3[(4) Without prejudice to anything contained in any other law, rule, regulation, notification or order,no permit or licence shall be necessary for import or export of any goods, nor any goods shall beprohibited for import or export except, as may be required under this Act, or rules or orders madethereunder.]

All Orders made under the Imports and Exports (Control) Act,1947 (18 of 1947), and in force immediately before the commencement of this Act shall, so far as they arenot inconsistent with the provisions of this Act, continue to be in force and shall be deemed to have beenmade under this Act.

1[5. Foreign Trade Policy.-- The Central Government may, from time to time, formulate andannounce, by notification in the Official Gazette, the foreign trade policy and may also, inlike manner,amend that policy: Provided that the Central Government may direct that, in respect of the Special Economic Zones, theforeign trade policy shall apply to the goods, services and technology with such exceptions, modificationsand adaptations, as may be specified by it by notification in the Official Gazette.]