TaxTMI 
TaxTMI 
THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2010
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.... provision to the commencement of this Act shall be construed as are reference to the coming into force of that provision. Amendment of section 2 2. In section 2 of the Foreign Trade (Development and Regulation Act, 1992 (22 of 1992) (herein after referred to as the principal Act), - (a) for clause (e) following shall be substituted, namely:, "(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, - 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 suppli....
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....l obligations under any bilateral, multilateral or international treaty, convenant, convention or arrangement relating to weapons of mass destruction or their means of delivery to which India is a party or its agreement with a foreign country under the foreign trade policy formulated and notified under section 5 of the Act; (m) "technology" means any information (including information embodied in software), other than 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 the provision of service of any kind. Explanation - For the purpose of this clause - when technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which....
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....de policy and may also, in the like manner, amend that policy: Provided that the Central Government may direct that, in respect of the Special Economic Zones, the foreign trade policy shall apply to the goods, services and technology with such exceptions, modifications and adaptations, as may be specified by it by notification in the Official Gazette ". Amendment of section 6. 6. In section 6 of the principal Act, in sub-section (2), for the words "export and import policy" the words "foreign trade policy" shall be substituted. Amendment of section 7. 7. In section 7 of the principal Act, the following proviso shall be inserted, namely- "Provided that in case of import or export of services or technology the Importer-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". Amendment of section 8 8. In section 8 of t....
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....5), for the word "licence", wherever it occurs, the words "licence, certificate, scrip or any instrument bestowing financial or fiscal benefits" shall be substituted; (b) for sub-section(2), the following sub-section shall be substituted, namely - "(2) The Director General or an officer authorized by him may, on an application and after making such inquiry as he may think fit, 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, 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.". Insertion of new Chapter IIIA 10. After Chapter III of the Principal Act, the following Chapter shall be inserted namely:- CHAPTER IIIA QUANTITATIVE RESTRICTIONS Power of Central Government to impose quantitative restrictions 9 (A). (1)If the Central Government, after co....
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....sp; As a whole of the like goods or directly competitive goods in India; or (ii) Whose collective output of the like goods or directly competitive goods in India constitutes a major share of the total production of the said goods in India; (c) "serious injury" means as injury causing significant overall impairment in the position of a domestic industry; (d) "threat of serious injury" means a clear and imminent danger of serious injury.'. Amendment of section 10. 11. In section 10 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely- "(1) The Central Government may, by notification in the Official Gazette, authorize any person for the purposes of exercising such powers with respect to- (a) entering such premises where the goods are kept, stored or processed, manufactured, traded or supplied or received for the ....
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....or services or technology in respect of which such declaration, statement or document had been submitted, whichever is more. (4) Where any person, on a notice to him by the adjudicating Authority, admits any contravention, the Adjudicating Authority may, in such class or classes or cases and in such manner as may be prescribed, determine, by way of settlement, an amount to be paid by the person. (5) A penalty imposed under this Act may, if it is not paid, by any person, be recovered by any one or more of the following modes, namely:- (a) the Director General may deduct or require any officer subordinate to him to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer; or (b) the Director General may require any officer of customs to deduct the amount payable under this Act from any money owing to such person which may be under the control of such officer of customs, as if the said amount is payable under the Customs Act, ....
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.... may be recovered in the manner laid down in sub-section (5), the amount may, without prejudice to any other mode of recovery, be recovered in accordance with the provisions of that sub section. (7) without prejudice to the provisos contained in this section, the Importer Exporter Code Number of any person who fails to pay any penalty imposed under this Act, may be suspended by the Adjudicating Authority till the penalty is paid or recovered, as the case may be. (8) Where any contravention of any provision of this Act or any rules or orders made thereunder or the foreign trade policy has been, is being, or is attempted to be made, the goods (including the goods connected with services or technology) together with any package, covering or receptacle and any conveyances shall, subject to such conditions and requirement as may be prescribed, be liable to confiscation by Adjudicating Authority. (9) The goods (including the goods connected with services or technology) or the conveyances confiscated under sub-section (8) may be released by the Adjudicating Authority, in such manner and s....
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....n in the Official Gazette, (3) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of the Chapter- Shall not apply to any goods, services or technologies, or Shall apply to any goods, services or technologies with such exceptions, modifications and adaptations as may be specified in the notification. Transfer controls. 14B.(1) The Central Government may, by notification in the Official Gazette, make rules in conformity with the provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005) for, or, in connection with, the imposition of controls in relation to transfer of specified goods, services or technology. (2) No goods, services or technology notified under this Chapter shall be exported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act, the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 ....
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....on (2), in the proviso, for the word "goods", the words and brackets "the goods (including the goods connected with services or technology)" shall be substituted. Substitution of new section for section 16. 18. For section 16 of the principal Act, the following shall be substituted, namely- Review. 16. "The Central Government in the case of any decision or order made by the Director General, or the Director General in the case of any decision or order made by any officer subordinate to him, may on its or his own motion or otherwise, call for and examine the records of any proceeding, for the purpose of satisfying itself or himself, as the case may be, as to the correctness, legality or propriety of such decision or order and make such orders thereon as may be deemed fit: Provided that no decision or order shall be varied under this section so as to prejudicially affect any person unless such person- (a) has, within a period of two years from the date of such decision or order, rece....