Foreign Trade Regulation in India

Dr. Tabrez Ahmad
Professor of Law

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

1
Agenda
 History of Foreign Trade in India

 Foreign Trade Act
 Foreign Trade Policy 2009-14
 Incentives Schemes

 New Initiatives
 Organizational Setup

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

2
History Of Foreign Trade In India
• Import control was introduced in 1940
• In 1946 the Emergency provisions ordinance was promulgated to

continue the import trade control
• Import and Export(control) Act came into force with effect from 25th
march 1947
• Finally the Import and Export(control) act was replaced by the
Foreign Trade(Development and Regulation) Act in 1992.

Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

3
Foreign Trade Development Regulation Act
MAIN PROVISIONS:

1. Development and Regulation
2. Prohibition and Restriction
3. EXIM Policy

4. Director General of Foreign Trade
5. Importer - Exporter Code Number
6. Issue and Suspension/Cancellation of license

7. Search, Inspection and Seizure
8. Penalty for Contravention
Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

4
India’s Foreign Trade
In the last few years, robust growth in
merchandise exports
From US$ 63 billion in 2003-04 to US $ 168 billion
in 2008-09.
Share of global trade (WTO estimates):
2003

2008

Merchandise trade

0.83%

1.45%

Commercial Services

1.4%

2.8%

Goods & Services
Trade

0.92%

1.64%

Dr. Tabrez Ahmad,
Source : Annual report of foreign trade policy
http://corpolexindia.blogspot.com

5
India’s Foreign Trade Exports & Imports
(Figures in US$ billion)
Year

Export %
Imports %
Growth
Growth

2004-05

83.53

30.8

111.52

42.7

2005-06

103.09

23.4

149.17

33.8

2006-07

126.26

22.5

185.60

24.4

2007-08

162.90

29.0

251.65

27.0

2008-09

185.29

13.6

303.69

20.7

2009-10

178.75

-3.52

288.37

-5.01

Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

Source: Ministry of commerce

6
Reasons for Export Decline
Major Hurdles faced by Indian Exporters:
Rupee Appreciation by about 12% in the year
2007-08
Global Economic Slowdown and Recession in
Developed Economies during 2008-09 and its

impact.
High Interest Rates
Ban on exports of certain food products since
2007.
High Incentives provided by some of the
countries like China, Bangladesh etc.
Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

7
India’s Foreign Trade
Major Export Destinations
Country

2008-09
($ bn)

% share in
Total

1

USA

19.7

12%

2

United Arab Emirates

17.8

11%

3

China

8.5

5%

4

Singapore

7.6

5%

5

Hong Kong

6.4

4%

6

United Kingdom

6.2

4%

7

Germany

5.9

4%

8

Netherlands

5.9

4%

9

Saudi Arabia

4.8

3%

10

Belgium

4.3

3%

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

8
India’s Foreign Trade
Major Import Commodities
Commodity

2008-09
($ bn)

% share
in Total

1

Petroleum, Crude and products

93.1

32.36%

2

Machinery, Electrical and non-electrical

24.3

8.44%

3

Electronic goods

21.5

7.48%

4

Gold and silver

19.5

6.76%

5

Fertilizer, crude and manufactured

13.6

4.72%

6

Pearls, precious and semi-precious

12.8

4.44%

7

Organic and inorganic chemicals

12.8

4.43%

8

Coal, coke and briquettes

10.5

3.64%

9

Iron & Steel

9.5

3.30%

10

Metaliferrous ores and metal scrap

8.3

2.89%

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

9
Foreign Trade Policy 2009-14
Short Term Objectives:
 To arrest and reverse the declining trend of exports; and
 To provide additional support to those sectors which have been
hit badly by recession in the Developed World.
Medium term Policy Objectives :
 To achieve an Annual Export growth of 15% with an Annual
Export Target of US$ 200 billion by March 2011.
 To achieve an Annual Export growth of around 25% by 2014.
 To double India’s exports of goods and services by 2014.
Long Term Objective :
 To double India’s share in Global Trade by 2020.
Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

10
Promotional Measures/ Incentive Schemes

 Vishesh Krishi and Gram Udyog Yojana (VKGUY)
 Focus Market Scheme (FMS)
 Focus Product Scheme (FPS)

 Market Linked Focus Product Scheme (MLFPS)

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

11
Vishesh Krishi & Gram Udyog Yojana
(VKGUY)
 To promote exports of :

(i) Agricultural Produce and their value added products
(ii) Minor Forest Produce and their value added variants
(iii) Gram Udyog Products
(iv) Forest Based Products and
(v) Other Products, as notified from time to time.
 VKGUY benefits are granted with an aim to compensate high

transport costs, and to offset other disadvantages.

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

12
Focus Market Scheme
 Objective is to offset high freight cost and other

externalities to select international markets with a
view to diversify the markets and to enhance India’s
export competitiveness in these countries.

 Currently 109 markets have been notified

Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

13
Focus Product Scheme
 Objective is to incentivize export of such products

which have high export intensity / employment
potential, so as to offset infrastructure
inefficiencies and other associated costs involved
in marketing of these products.
 Currently over 1000 Products covered under FPS.
Example: Green Technology products

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

14
Market Linked Focus Product
Scheme (MLFPS)
 To promote exports of products of high export intensity but which

have a low penetration in countries
 Currently over 1550 products covered under MLFPS.

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

15
Foreign Trade Policy – 2009-14
New Initiatives
Higher Support for Market and Product Diversification
 26 new markets added under FMS
(16 in Latin America, 10 in Asia-Oceania)
 Incentive under FMS raised from
2.5% to 3%.
 Incentive under FPS raised from
1.25% to 2%.

Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

16
Foreign Trade Policy – 2009-14
New Initiatives




.



Higher Support for Market and Product
Diversification (contd.)
New products under FPS :Engineering products, Plastic (value
added products),Technical Textiles, Green Technology products ,
vegetables, textiles and certain Electronic items.
New products/markets under MLFPS : Pharmaceuticals, Synthetic
textile fabrics, value added rubber products, value added plastic
goods, textile made ups,, glass products, certain iron and steel
products
Benefits to these products will be provided, if exports are made to
13 identified markets (Algeria, Egypt, Kenya, Nigeria, South Africa,
Tanzania, Brazil, Mexico, Ukraine, Vietnam, Cambodia, Australia
and New Zealand).
The above markets also included for existing products i.e. Auto
Components, Motor cars, Bicycles & Parts, Apparels.
Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

17
Foreign Trade Policy – 2009-14
New Initiatives
To Support Various Sectors Like






Gems & Jewelers Sector
Pharmaceutical Sector
Agriculture Sector
Leather Sector
Handloom sector

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

18
ORGANISATIONAL SET UP

Ministry of commerce

Autonomous
bodies

Public sector
undertakings

Advisory body

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

Attached and
subordinate
Office

19
Ministry Of Commerce
• The Ministry of Commerce, Government of India, is the most

important organ concerned with the promotion and regulation of the
foreign trade of the country.
• Matters related to foreign trade are dealt with by eight divisions in
the Department of Commerce.
• i) Administrative and General Division, (ii) Finance Division, (iii)
Economic Division, (iv) Trade Policy Division, (v) Foreign Trade
Territorial Division, (vi) Exports Products Division, (vii) Services
Division, and (viii) Industries Division.

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

20
Description Of Autonomous Bodies
• Export Inspection Council
• Indian Institute of Foreign Trade
• Indian Institute of Packaging
• Export Promotion Councils, Commodity Boards and Authorities
• Federation of Indian Export Organisation
• Indian Council of Arbitration
• India Trade Promotion Organisation

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

21
Public Sector Undertakings
•

The State Trading Corporation of India and its subsidiaries

•

The spices Trading Corporation

•

The Minerals and Metals Trading Corporation of India and its
subsidiary

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

22
Advisory Body
Central Advisory Council on Trade: The Central Advisory Council on
Trade, consisting of representatives from different organisations and
individuals with business standing and expertise in the field of trade
and commerce, and headed by Commerce minister.

Dr. Tabrez Ahmad,
http://corpolexindia.blogspot.com

23
Attached And Subordinate Offices
• Office of the Director General of Foreign Trade (DGFT)
• Office of Development Commissioners
• Director General of Commercial Intelligence and Statistics

Dr. Tabrez
Ahmad, http://corpolexindia.blogspot.com

24
Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in

25
Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in

26
Dr. Tabrez Ahmad
http://corpolexindia.blogspot.in
27

Foreign trade regulation

  • 1.
    Foreign Trade Regulationin India Dr. Tabrez Ahmad Professor of Law Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 1
  • 2.
    Agenda  History ofForeign Trade in India  Foreign Trade Act  Foreign Trade Policy 2009-14  Incentives Schemes  New Initiatives  Organizational Setup Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 2
  • 3.
    History Of ForeignTrade In India • Import control was introduced in 1940 • In 1946 the Emergency provisions ordinance was promulgated to continue the import trade control • Import and Export(control) Act came into force with effect from 25th march 1947 • Finally the Import and Export(control) act was replaced by the Foreign Trade(Development and Regulation) Act in 1992. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 3
  • 4.
    Foreign Trade DevelopmentRegulation Act MAIN PROVISIONS: 1. Development and Regulation 2. Prohibition and Restriction 3. EXIM Policy 4. Director General of Foreign Trade 5. Importer - Exporter Code Number 6. Issue and Suspension/Cancellation of license 7. Search, Inspection and Seizure 8. Penalty for Contravention Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 4
  • 5.
    India’s Foreign Trade Inthe last few years, robust growth in merchandise exports From US$ 63 billion in 2003-04 to US $ 168 billion in 2008-09. Share of global trade (WTO estimates): 2003 2008 Merchandise trade 0.83% 1.45% Commercial Services 1.4% 2.8% Goods & Services Trade 0.92% 1.64% Dr. Tabrez Ahmad, Source : Annual report of foreign trade policy http://corpolexindia.blogspot.com 5
  • 6.
    India’s Foreign TradeExports & Imports (Figures in US$ billion) Year Export % Imports % Growth Growth 2004-05 83.53 30.8 111.52 42.7 2005-06 103.09 23.4 149.17 33.8 2006-07 126.26 22.5 185.60 24.4 2007-08 162.90 29.0 251.65 27.0 2008-09 185.29 13.6 303.69 20.7 2009-10 178.75 -3.52 288.37 -5.01 Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com Source: Ministry of commerce 6
  • 7.
    Reasons for ExportDecline Major Hurdles faced by Indian Exporters: Rupee Appreciation by about 12% in the year 2007-08 Global Economic Slowdown and Recession in Developed Economies during 2008-09 and its impact. High Interest Rates Ban on exports of certain food products since 2007. High Incentives provided by some of the countries like China, Bangladesh etc. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 7
  • 8.
    India’s Foreign Trade MajorExport Destinations Country 2008-09 ($ bn) % share in Total 1 USA 19.7 12% 2 United Arab Emirates 17.8 11% 3 China 8.5 5% 4 Singapore 7.6 5% 5 Hong Kong 6.4 4% 6 United Kingdom 6.2 4% 7 Germany 5.9 4% 8 Netherlands 5.9 4% 9 Saudi Arabia 4.8 3% 10 Belgium 4.3 3% Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 8
  • 9.
    India’s Foreign Trade MajorImport Commodities Commodity 2008-09 ($ bn) % share in Total 1 Petroleum, Crude and products 93.1 32.36% 2 Machinery, Electrical and non-electrical 24.3 8.44% 3 Electronic goods 21.5 7.48% 4 Gold and silver 19.5 6.76% 5 Fertilizer, crude and manufactured 13.6 4.72% 6 Pearls, precious and semi-precious 12.8 4.44% 7 Organic and inorganic chemicals 12.8 4.43% 8 Coal, coke and briquettes 10.5 3.64% 9 Iron & Steel 9.5 3.30% 10 Metaliferrous ores and metal scrap 8.3 2.89% Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 9
  • 10.
    Foreign Trade Policy2009-14 Short Term Objectives:  To arrest and reverse the declining trend of exports; and  To provide additional support to those sectors which have been hit badly by recession in the Developed World. Medium term Policy Objectives :  To achieve an Annual Export growth of 15% with an Annual Export Target of US$ 200 billion by March 2011.  To achieve an Annual Export growth of around 25% by 2014.  To double India’s exports of goods and services by 2014. Long Term Objective :  To double India’s share in Global Trade by 2020. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 10
  • 11.
    Promotional Measures/ IncentiveSchemes  Vishesh Krishi and Gram Udyog Yojana (VKGUY)  Focus Market Scheme (FMS)  Focus Product Scheme (FPS)  Market Linked Focus Product Scheme (MLFPS) Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 11
  • 12.
    Vishesh Krishi &Gram Udyog Yojana (VKGUY)  To promote exports of : (i) Agricultural Produce and their value added products (ii) Minor Forest Produce and their value added variants (iii) Gram Udyog Products (iv) Forest Based Products and (v) Other Products, as notified from time to time.  VKGUY benefits are granted with an aim to compensate high transport costs, and to offset other disadvantages. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 12
  • 13.
    Focus Market Scheme Objective is to offset high freight cost and other externalities to select international markets with a view to diversify the markets and to enhance India’s export competitiveness in these countries.  Currently 109 markets have been notified Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 13
  • 14.
    Focus Product Scheme Objective is to incentivize export of such products which have high export intensity / employment potential, so as to offset infrastructure inefficiencies and other associated costs involved in marketing of these products.  Currently over 1000 Products covered under FPS. Example: Green Technology products Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 14
  • 15.
    Market Linked FocusProduct Scheme (MLFPS)  To promote exports of products of high export intensity but which have a low penetration in countries  Currently over 1550 products covered under MLFPS. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 15
  • 16.
    Foreign Trade Policy– 2009-14 New Initiatives Higher Support for Market and Product Diversification  26 new markets added under FMS (16 in Latin America, 10 in Asia-Oceania)  Incentive under FMS raised from 2.5% to 3%.  Incentive under FPS raised from 1.25% to 2%. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 16
  • 17.
    Foreign Trade Policy– 2009-14 New Initiatives   .  Higher Support for Market and Product Diversification (contd.) New products under FPS :Engineering products, Plastic (value added products),Technical Textiles, Green Technology products , vegetables, textiles and certain Electronic items. New products/markets under MLFPS : Pharmaceuticals, Synthetic textile fabrics, value added rubber products, value added plastic goods, textile made ups,, glass products, certain iron and steel products Benefits to these products will be provided, if exports are made to 13 identified markets (Algeria, Egypt, Kenya, Nigeria, South Africa, Tanzania, Brazil, Mexico, Ukraine, Vietnam, Cambodia, Australia and New Zealand). The above markets also included for existing products i.e. Auto Components, Motor cars, Bicycles & Parts, Apparels. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 17
  • 18.
    Foreign Trade Policy– 2009-14 New Initiatives To Support Various Sectors Like      Gems & Jewelers Sector Pharmaceutical Sector Agriculture Sector Leather Sector Handloom sector Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 18
  • 19.
    ORGANISATIONAL SET UP Ministryof commerce Autonomous bodies Public sector undertakings Advisory body Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com Attached and subordinate Office 19
  • 20.
    Ministry Of Commerce •The Ministry of Commerce, Government of India, is the most important organ concerned with the promotion and regulation of the foreign trade of the country. • Matters related to foreign trade are dealt with by eight divisions in the Department of Commerce. • i) Administrative and General Division, (ii) Finance Division, (iii) Economic Division, (iv) Trade Policy Division, (v) Foreign Trade Territorial Division, (vi) Exports Products Division, (vii) Services Division, and (viii) Industries Division. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 20
  • 21.
    Description Of AutonomousBodies • Export Inspection Council • Indian Institute of Foreign Trade • Indian Institute of Packaging • Export Promotion Councils, Commodity Boards and Authorities • Federation of Indian Export Organisation • Indian Council of Arbitration • India Trade Promotion Organisation Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 21
  • 22.
    Public Sector Undertakings • TheState Trading Corporation of India and its subsidiaries • The spices Trading Corporation • The Minerals and Metals Trading Corporation of India and its subsidiary Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 22
  • 23.
    Advisory Body Central AdvisoryCouncil on Trade: The Central Advisory Council on Trade, consisting of representatives from different organisations and individuals with business standing and expertise in the field of trade and commerce, and headed by Commerce minister. Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 23
  • 24.
    Attached And SubordinateOffices • Office of the Director General of Foreign Trade (DGFT) • Office of Development Commissioners • Director General of Commercial Intelligence and Statistics Dr. Tabrez Ahmad, http://corpolexindia.blogspot.com 24
  • 25.
  • 26.
  • 27.