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O. TOPIC NO.
India’s foreign trade policy during the last five decades may be
broadly split into import substitution policy, export drive policy and export
acceleration policy. The import substitution was followed in the first two
decades. With fears of external dominance, the Indian planners adopted
a somewhat introvert external trade strategy which relied on
encouraging domestic production for the domestic market with the help
of high tariffs and high degree of protection. Far from viewing foreign
trade as an engine of growth, Indian planners sought to minimise import
demand by adopting an import substitution policy and gave secondary
place to exports primarily as a source to generate the foreign exchange
earnings to meet that part of the import bill not covered by external
assistance. There were controls over both imports and exports.
However, this policy of import substituting industrialisation and system of
controls failed to produce rapid growth and self-reliance.
In the 1990s many short run adjustments were made in the trade
policy in order to overcome the external sector crisis, which hit the
country in 1991. Two major measures taken in trade policies were (a)
liberalisation of imports entailing successive expansion in the OGL list
and (b) linking expansion in exports to import liberalisation. CCS scheme
was suspended; REP license was substituted by EXIM scrips. The rupee
Study of EXIM policy
was devalued in July 1991 and the country saw transition towards the
market-based exchange rate regime.
Import substitution was the prime objective of India’s trade policy till
the mid 1970’s. This policy was largely based on the imports and exports
act of 1947. Liberal incentives were granted to firms if they were
undertaking production of an imported item that was not domestically
produced.
In short prior to mid 1991, foreign trade of India suffered from strict
bureaucratic and discretionary control. Foreign exchange transactions
were controlled by the government and the Reserve Bank of India.
Beginning mid1991 the government of India introduced a series of
reforms to liberalize and globalize the Indian economy. The process of
globalization is a reality which cannot be denied and also should not be
avoided .It needs to be managed so that we can derive the maximum
advantage from world markets.
Study of EXIM policy
Measures which were taken for lowering the inflation rate in the
economy are:-
Selected Years
(percent)
Interpretation of Policy
If any question or doubt arises in respect of the
interpretation of any provision contained in this Policy, or
regarding the classification of any item in the ITC(HS) or
Handbook (Vol.1) or Handbook (Vol.2), the said question or
doubt shall be referred to the Director General of Foreign
Trade whose decision thereon shall be final and binding.
Penalty
If a license/certificate/permission holder violates any
condition of the license/certificate/ permission or fails to
fulfill the export obligation, he shall be liable for action in
accordance with the Act, the Rules and Orders made there
under, the Policy and any other law for the time being in
force.
State Trading
Any goods, the import or 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
license/certificate/permission to any other person to import
or export any of these goods.
On its expiry, the new policy for three years 1988-91 was announced in
March 1988 which laid even greater emphasis on promotion of exports.
The export and import policy, 1997- 2002 (coinciding with the period
of ninth five year plan) sought to consolidate the gains of the previous
policy and further carry forward the process of liberalization by
deregulating and simplifying procedures and removing quantitative
restrictions in a phased manner. It set an ambitious target of attaining an
export level of US$ 90-100 billion by the year 2002 and achieving 1 per
cent share in world trade.
Objectives:
Study of EXIM policy
Salient Features:
1. Exports and imports shall be free, except to the extent they are
regulated by the provisions of this policy.
3. The negative list may consist of goods, the import or export of which
is prohibited, restricted through licensing, or canalised.
Study of EXIM policy
complaint with the WTO against India`s import regime. The following
were the main provisions of the modified Export-import policy unveiled
by the Commerce Minister on April 13, 1998.
1. 340 more items were shifted from restricted list to open general
licence (OGL). Thus out of the total number of 10, 202 items covered
under the export-import policy, only 2200 remained on the restricted
list.
2. The revised policy set an export growth target of 20 percent for the
year 1998-99 which in other words required total exports of the order
of US$ 41.4 billion during 1998-99.
In its effort to further dismantle the import control regime and hasten
the integration of the Indian economy with the world economy, the
government announced a revised export-import policy on March 31,
1999 which came into force on April1, 1999.
Study of EXIM policy
The new export –import policy freed import of 894 items of consumer
goods, agricultural products and textile from licensing requirements. In
other words a number of
The lifting of licensing and quota restrictions on 714 import items was in
line with India’s WTO obligations. The government promised to abolish
licensing and quota curbs on the remaining 715 items (such liquor, cars
etc) in April 2001.
Study of EXIM policy
Many critics of new policy fear that that removal of licensing and quota
restriction will lead to surge in imports of these items, hurting the
domestic industry. However, it is noteworthy that import restrictionare
being phased out since 1966 but no extraordinary growth has occurred
in the import of freed items. The commerce minister maintain that anti-
dumping and anti-subsidy tariffs and other safeguards would be used if
there is sudden search in imports, causing serious injuries to the
domestic industry.
The union commerce And industry minister unveiled on march 31, 2001,
the export –import policy for the year 2001-2002.
The minister was confident that the Indian market will not swamped by
imported brands of commonly used articles. To prevent dumping,
Study of EXIM policy
The EXIM Policy 2002-07 was unveiled on march 31, 2002. The policy
entailed several institutional, infrastructural and fiscal measures intended
to promote exports which are conductive to the economic development
of the country. The following were the salient features of the policy.
guidelines will be worked out by RBI. This will provide opportunities for
accessing working capital loan for these units internationally competitive
rates.
Preceding the dissolution of the 13th Lok Sabha on Feb. 6, 2004 the
government of India announced mini EXIM policy on Jan 28, 2004. It
included facilitation and simplification measure to sustain the momentum
of export growth. Specifically it was aimed at providing boost to exports
of gems and jewellery, encouraging tourism and making energy
generation cheaper. Highlights of new policy were.
Study of EXIM policy
• Free import of gold and silver for export purpose permitted. In other
words, gold and silver can now be imported without paying any
commission to channelling agents. (in 10997, the government
authorized three canalizing agencies viz MMTC, STC and HHEC, and
eight banks to import gold and silver for sales in the domestic
market ). Likewise, import of rough, uncut and semi polished
diamonds will not be valued for export obligations. Quantitative
restriction on gold and silver imports has also been lifted. Government
also announced the introduction of a gold card for creditworthy
exporters to make available cheaper foreign currency debt on easier
terms.
• Duty free import facility available to star hotels extended the heritage,
one and two star hotels and stand alone restaurants. All these hotels
have been allowed duty free import equivalent to 5% of their export
earnings in three preceding years.
It should be noted that if 100 acres are allotted for SEZ, then only 30-
35% of area is used for setting up plants. rest of the area is used to
Study of EXIM policy
All the necessary steps were initiated to give permission to set up SEZs
to the States, the private sector and the joint sector.
Major advantages
Major disadvantages
certified invoice number and date with value of supplies in Indian rupees.
All other conditions of the DFRC Scheme remain unchanged.
The export products, which are eligible for modified VAT, shall be
eligible for CENVAT credit. However, non excisable, non dutiable or non
centrally vatable products, shall be eligible for drawback at the time of
exports in lieu of additional customs duty to be paid at the time of
imports under the scheme.
For the purpose of allowing DEPB benefit against DEPB licenses issued
for supplies to SEZ units, verification of the DEPB license shall be done
in the same manner as specified in earlier DOR Circular No.14/99-Cus.
dated 15.3.99 excepting that in case of supplies made to SEZ units, the
Bill of Export and other related documents shall be verified. Since the
port of registration in respect of such DEPB license would be the place
where the receiver SEZ unit is located, import against such DEPB scrips
shall be permitted either from the same Custom House or from any other
place notified in DEPB Custom Notification No.45/2002 against TRA in
terms of para 6 of DOR Circular No.85/99-Cus. dated 23.12.99 and also
Study of EXIM policy
Objectives
The holder of DEPB shall have the option to pay additional customs
duty, if any, in cash as well.
Validity
The DEPB shall be valid for a period of 12 months from the date of
issue.
Transferability
The DEPB and/or the items imported against it are freely transferable.
The transfer of DEPB shall however be for import at the port specified
Study of EXIM policy
in the DEPB, which shall be the port from where exports have been
made. Imports from a port other than the port of export shall be allowed
under TRA facility as per the terms and conditions of the notification
issued by Department of Revenue.
Applicability of Drawback
Normally, the exports made under the DEPB Scheme shall not be
entitled for drawback. However, the additional customs duty/excise duty
paid in cash on inputs under DEPB shall be adjusted as CENVAT
Credit or Duty Drawback as per rules framed by the Department of
Revenue. In cases, where the additional customs duty is adjusted from
DEPB, no benefit of CENVAT/ Drawback shall be admissible.
In another major initiative to boost agri and allied products exports, Shri
Jaitley said that fixation of DEPB rates for selected agro products would
factor in the cost of inputs such as fertilisers, pesticides and seeds. This
would help the farmers to use the required inputs in a scientific manner
to boost productivity and quality
The USA filed a dispute and the Dispute Settlement Panel constituted in
November 1997 ruled against India. India filed an appeal before the
Appellate Body of WTO against the findings of the Panel but the
Appellate Body also upheld the findings of the Panel challenged by
India. Consequently, we are now obliged to withdraw Quantitative
Restrictions.
An agreement was signed between India and USA for determining the
reasonable period of time, under which the Quantitative Restrictions on
the remaining 1429 tariff lines were to be removed by April 1, 2001, of
which 714 before April 1, 2000.
The tariff line-wise import policy was first announced on March 31,1996
and at that time itself 6161 tariff lines were made free. Since then 1905
Study of EXIM policy
tariff lines have been made free till now. In this connection, I would like
to point out that the QRs in respect of these 1429 tariff lines were
withdrawn preferentially for imports from SAARC countries with effect
from August 1, 1998 itself.
Removal of QR
(i) Import of all food products will be subject to compliance of all the
provisions of Food Adulteration Act and Rules there under;
(iv) No import of textile material using the prohibited dyes like azo dye
shall be allowed. For this purpose, a pre-shipment inspection certificate
has been made mandatory.
that such removal of QRs may result in a surge and dumping of imports
in the country, thus affecting adversely the domestic industry. However,
the apprehensions are not borne out by actual import growth over this
period. Import data for the full financial year 2000-01 on 714 items,
restrictions on which were removed with
effect from 31.3.2000, do not reveal any surge in their imports following
removal of such restrictions. Out of 714 items, no imports were made for
151 items either before or after removal of QRs. Only 92 items recorded
imports worth more than Rs 5 crore. Diamonds and semiprecious stones
constituted 35 per cent of these imports and another 14 per cent was
contributed by imports of telephonic/telegraphic equipment,
sensitive items (in Dollar terms) during the first nine months of the
current financial year have increased by only 2.1 per cent due mainly to
higher imports of edible oils, cotton & silk, spices , rubber and marble &
granite.
Units in AEZ would be entitled for all the facilities available for exports
of goods in terms of provisions of the respective schemes.
Agri Export
Unless we ensure that the rural sector and Indian farmers receive
visible benefits from economic reforms and the process of globalization,
it may not be possible to accelerate economic growth. You would
recollect that we had introduced the Scheme of Agro Export Processing
Zones (AEZ) in the 2002-2007 Policy for end to end development of
export of specific products from a geographically contiguous area. We
are gratified that there has been an enthusiastic response to the scheme
from the States and the rural community. As many as 45 AEZs have
been notified so far in different parts of the country. We want to further
accelerate this process. Agriculture and allied products is our core
competence. Not only is it diversified with a large variety of crops, fruits,
vegetables and flourishing dairy sector, but we are among the world
leaders in output of many products.
Another major initiative to boost agri and allied products exports will be
the modification of norms for fixing DEPB rates for export of agriculture,
horticulture and allied products. In fixing DEPB rates for such products,
we shall take into account inputs such as fertilizers, pesticides, certified
seeds etc. used by the farmers prior to processing of the products for
exports. This would also ensure that the Indian farmer uses the required
inputs in a scientific manner to boost productivity and quality. To begin
with, this facility will be extended only to selected products on the basis
of the recommendation of an Inter-Ministerial Committee.
STATUS HOLDERS
Over the last few decades certain areas of strength have emerged in the
export sector. Definite export surpluses have emerged in sectors like
Study of EXIM policy
Keeping the above in mind, the status holders shall be eligible for the
following new/ special facilities:
The Export Promotion Capital Goods Scheme (EPCG) has been for
several years now instrumental in promoting exports. The high growth
rate of East Asian countries was facilitated by the transformation of their
exports from producing cheap-labour intensive to high technology
intensive manufacturing goods.
The Exim Policy has announced a series of steps to make the EPCG
scheme more flexible and attractive, so that even the small-scale sector
can set up and expand its manufacturing base for exports. This is
considered essential, as manufactured goods account for more than 77
per cent of India's total exports in the last five years.
Thus, allowing the import of up to 10-year-old capital goods for pre- and
post-production, removal of use conditions, and allowing import of
spares to facilitate the upgradation of existing plant and machinery will
make export sectors, such as textile, more competitive.
• The scheme shall now allow import of capital goods for pre-
production and post-production facilities also.
• The Export Obligation under the scheme shall now be linked to the
duty saved and shall be 8 times the duty saved.
Study of EXIM policy
Second hand capital goods without any restriction on age may also be
imported under the EPCG scheme.
The export obligation for such EPCG licences would be eight times the
duty saved. The duty saved would be the difference between the
effective duty under the aforesaid Customs Notification and the
concessional duty under the EPCG Scheme.
The export obligation may also be fulfilled by the export of same goods,
for which EPCG licence has been obtained, manufactured or produced
in different manufacturing units of the licence holder/specified supporting
manufacturer (s).
When Capital Goods are imported for pre/ post- production or license is
taken for import of spares, the license holder shall fulfil the export
obligation by export of products manufactured from the plant / project to
which the pre/ post- production capital goods/ spares are related.
The import of capital goods for creating storage and distribution facilities
for products manufactured or services rendered by the EPCG licence
holder would be permitted under the EPCG Scheme.
Study of EXIM policy
The export obligation under the scheme shall be, over and above, the
average level of exports achieved by him in the preceding three
licensing years for same and similar products except for categories
mentioned in Handbook
The licence can also opt for the re-fixation of the balance export
obligation based on 8 times of the duty saved amount for the CIF value
in proportion to the balance Export obligation under the scheme
based on duty saved amount will be taken into account for fulfilment of
export obligation.
The export obligation under the scheme shall be, in addition to any other
export obligation undertaken by the importer, except the export
obligation for the same product under Advance Licence, DFRC, DEPB
or Drawback scheme.
The export obligation can also be fulfilled by the supply of ITA-1 items to
the DTA provided the realization is in free foreign exchange.
DEEMED EXPORTS
As per the latest amendments to the EXIM Policy, the facility of Back to
Back Inland Letter of Credit has been introduced, to enable an Advance
Licence holder to source his inputs from domestic suppliers.
Under a value based advance licence, any of the inputs specified in the
licence maybe imported within the total CIF value indicated for those
inputs, except inputs specified as sensitive items.
Study of EXIM policy
Under a value based advance licence, both the quantity and the FOB
value of the exports to be achieved shall be specified. It shall be
obligatory on the part of the licence holder to achieve both the quantity
and FOB value of the exports specified in the licence.
The Advance License Scheme has been expanded and liberalized with
the amendments made to the EXIM Policy, announced on 31st March
1995.
EXIM BANK
Functions
Exim Bank plays four-pronged role with regard to India's foreign trade:
those of a coordinator, a source of finance, consultant and promoter.
for the export contracts and for execution of overseas construction and
turnkey projects.
Advantages of EXIM
Over the last four decades India has recorded remarkable expansion
and diversification in practically all areas of industrial development.
India's vast resources-human, agricultural, mineral and industrial- have
been fully exploited for this purpose. The New Industrial Policy has
helped in catalyzing foreign investment into India. The total amount of
foreign direct investment approval which was Rs 5,341 million in 1991,
swelled to Rs 141,871.9 million in 1994. Of the total FDI approvals, 80%
are in the priority sectors such as power, oil refineries, electronics and
electrical equipment, chemicals, telecommunications, food processing
etc.
The private sector can now operate in all areas except those of strategic
concern such as defense, railway transport and atomic energy. The list
of industries reserved for the public sector now stands reduced to 6.
Private participation is permitted in some specific areas in this list as
well, such as mining; oil exploration, refining and marketing; and parts of
the railway transport sectors.
All other industries are exempt from licensing, and only subject to the
location restrictions of metropolitan areas.
gem & jewellery, textiles, handicrafts and carpets have shown positive
growth. Among the importable, edible oil, precious and semi-precious
stones, electrical machinery, project goods, gold and silver have
registered significant growth during 1998-99. Imports for April-July’99
show a rise of only 1.01 per cent in dollar terms, while imports in July’99
show a decline of 5.84 per cent in dollar terms. Engineering goods and
chemicals are the main items showing a fall in imports which is a cause
for concern. Gold and silver imports have also fallen.
Issues
exporters not to use DEPB licence, but pay up customs duty on raw
material import.
In sum, intentions of the new Exim policy are laudable. But how far these
intentions will be translated into action remains to be seen. Having
removed the cobwebs that hitherto restrained farm exports, the
Government must now proceed to invest export products with
competitive edge in terms of cost and quality.
2003-
04 63886 78203 -14316 20.94 27.09 10.61 12.99
2004- 11147
05 83502 2 -27970 30.7 42.54 12 16.03
2005- 14914
06 103075 4 -46068 23.44 33.8 12.79 18.51
2006- 19043
07 126246 8 -64192 22.48 27.69 13.86 20.9
FUTURE OF EXIM
Future Lies In Service Sectors: This is a very important sector for the
future. We have already included the 161 services under EXIM POLICY.
They will be able to avail of facilities under schemes like EPCG, Star and
Super Star Houses, EPZs, etc. Unlike the goods sector, there is no
possibility of any of these schemes to be considered as WTO
inconsistent in the services sector as the general commitments in
services sector till now are only extension of MFN. With services
emerging as the major sector in our GDP
and India showing proven competitiveness in many services, the Future
growth depends on how we use the opportunities thrown open by a
more open services commitments by some of our trading partners and
negotiating for the removal of barriers in this sector.
BIBLIOGRAPHY
www.exim.indiamart.com
www.eximbank.com
www.commerce.nic.in
www.thehindubusinessline.com
Study of EXIM policy
www.rediff.com