Date: 2021-11-29Category: Not ApplicableState: Union GovernmentCountry: India
Amendment in Export Policy of Agar Oil and Agarwood Chips and
Powder obtained from artificially propagated source and
insertion of policy conditions – regarding
Executive Summary:
This notification amends the export policy of Agar oil and Agarwood (Aquilaria Malaccensis) chips and powder, changing it from "Free" to "Restricted" with immediate effect. It establishes annual export quotas of 25000 Kg for Agarwood chips and powder and 1500 Kg for Agar oil. The notification also outlines specific conditions for the export of these items.
Key Points / Main Content:
Agarwood Chips and Powder (Chapter 12):
* Export policy changed from Free to Restricted.
* Annual export quota: 25000 Kg.
* Conditions for export include:
* Attested certificate of origin from an authorized Forest Department officer, detailing procurement from legal sources and quantities.
* Certificate of origin must confirm that the plantation is registered with the State Government.
* Certificate of current stock position, verified by an authority nominated by the PCCF.
* Copy of the export order.
* Coloured photograph of products certified by the Forest Department.
* Undertaking from the firm that harvesting follows all CITES conditions.
Agar Oil (Chapter 33):
* Export policy changed from Free to Restricted.
* Annual export quota: 1500 Kg.
* Conditions for export include:
* Attested certificate of origin from an authorized Forest Department officer, detailing procurement from legal sources and quantities.
* Certificate of origin must confirm that the plantation is registered with the State Government.
* Certificate of current stock position, verified by an authority nominated by the PCCF.
* Copy of the export order.
* Coloured photograph of products certified by the Forest Department.
* Undertaking from the firm that harvesting follows all CITES conditions.
Impact Analysis:
Exporters of Agar Oil and Agarwood Chips and Powder:
* Impact: Exporting these items is now restricted and subject to quota limits and specific conditions.
* Action Required: Obtain necessary certifications, adhere to quota limits, and ensure compliance with all listed conditions, including CITES guidelines, to secure export licenses.
Forest Department Officers (Authorized by State Governments and PCCF):
* Impact: Responsible for verifying the origin and legality of Agarwood and Agar oil sources.
* Action Required: Issue certificates of origin, verify stock positions, and certify product photographs as per the notified conditions.
State Governments:
* Impact: Responsible for registering Agarwood plantations within their jurisdiction.
* Action Required: Ensure that Agarwood plantations are registered and that the registration information is accurately reflected in the certificates of origin.
Key Entities Referenced
Directorate General of Foreign Trade: A department under the Ministry of Commerce and Industry, responsible for implementing the foreign trade policy.
Foreign Trade Development and Regulation Act, 1992: An act of the Parliament of India to provide for the development and regulation of foreign trade.
Foreign Trade Policy, 2015-2020: The export-import policy announced by the Central Government in exercise of powers conferred by section 5 of the Foreign Trade (Development and Regulation) Act, 1992.
ITC HS Export Policy, 2018: Schedule 2 of ITC (HS) Export Policy related to Agarwood.
Agar Oil: Oil extracted from Agarwood, with export policy amended from Free to Restricted.
Agarwood Aquilaria Malaccensis Chips and Powder: Chips and powder derived from Agarwood Aquilaria Malaccensis, with export policy amended from Free to Restricted.
State Government: The government of the state from where Agarwood stocks were procured or exported. Responsible for registering plantations and authorizing Forest Department officers.
CITES: Convention on International Trade in Endangered Species of Wild Fauna and Flora, relevant to the harvesting of Agarwood Aquilaria Malaccensis.
To be Published in Gazette of India Extraordinary Part - II, Section - 3, Sub - Section (ii)
Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
UdyogBhawan
New Delhi
Notification No. 45 /2015-2020
New Delhi, Dated: 29" November,2021
Subject: Amendment in Export Policy of Agar Oil and Agarwood Chips and Powder
obtained from artificially propagated source and insertion of policy conditions —
regarding
S.O. (E) In exercise of powers conferred by Section 3 read with Section 5 of the Foreign
Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para
1.02 and 2.01 of the Foreign Trade Policy, 2015-20, the Central Government hereby makes
following amendment in the Chapter 12 and Chapter 33 of Schedule — 2 of ITC (HS) Export
Policy, 2018 related to Agarwood:
Chapter — 12
ON | |
I CT oC
n
eH yS
|
EO«ys
|
E axi tst ain g ||
-
R Be av lli es red Policy Condition
The annual quota for export of
Agarwood (Aquilaria
Malaccensis) Chips and
Powder obtained from
artificially propagated source
(cultivated origin outside forest
areas) has been fixed as under:
Agarwood Chips and
Powder — 25000 Kg per
AGARWOOD annum.
(Aquilaria
Malaccensis) The export of
(INCLUDING Free Restricted | Agarwood (Aquilaria
BOR, -|: 121s SR CHIPS AND Malaccensis) powder and
Powder) Chips is permitted subject to
following conditions:
I. Applications for an
export license for the
export of
agarwood (Aquilaria
Malaccensis) obtained
from artificially
propagated
sources (cultivatedorigin outside forest
areas) should be
accompanied by
attested copies of
certificate of origin
issued by an Officer of
the Forest Department,
authorized by
concerned State
Government from
where stocks __ were
procured/exported,
giving details of the
date of procurement
from legal sources and
quantities procured.
The certificate of origin
should mention that the
plantation from which
agarwood (Aquilaria
Malaccensis) was
obtained is registered
with the State
Government.
i 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
PCCF, ‘should — also
accompany the
application for an
export license.
Ill. A copy of the export
order received by the
concerned firm.
IV. Coloured photograph of
products duly certified
by the concerned
officer designated by
the Forest Department.
An undertaking from
the firm that items of
agarwood (Aquilaria
Malaccensis) proposed
to be exported has beenharvested from
plantation following all
conditions of CITES
for harvesting of
agarwood (Aquilaria
Malaccensis).
Chapter — 33
S.No ITC HS Description Existing Revised Policy Condition
Codes Policy Policy
The annual quota for export of Agar
Oil obtained from artificially
propagated source has been fixed as
under:
Agar Oil — 1500 Kg per annum.
The export of Agar Oil is permitted
subject to following conditions:
L Applications for an export
license forthe export of
agaroil extracted from
agarwood (Aquilaria
Malaccensis) obtained from
artificially propagated
sources (cultivated origin
outside forest areas) should
be accompanied by attested
Agar Oil
Free Restricted copies of certificate of origin
170A 33013010
issued by an Officer of the
Forest Department,
authorized by concerned
State Government from
where stocks were
procured/exported, giving
details of the date of
procurement from _ legal
sources and quantities
procured. The certificate of
origin should mention that
the plantation from which
agarwood (Aquilaria
Malaccensis) was obtained
is registered with the State
Government.
II. A certificate of the current
position of stocks so
procured and available withthe applicant given after
physical verification of the
stocks, by the authority
nominated for the purpose
by the PCCF, should also
accompany the application
for an export license
Ill. A copy of the export order
received by the concerned
firm.
IV. Coloured photograph of
products
(agarwood) (Aquilaria
Malaccensis) duly certified
by the concerned officer
designated by the Forest
Department.
V. An undertaking from the
firm that items of agaroil
proposed to be exported has
been harvested from
plantation following all
conditions of CITES for
harvesting of agarwood
(Aquilaria Malaccensis).
2. Effect of this Notification:
¢ Export policy of Agar Oil and Agarwood (Aquilaria Malaccensis) Chips and Powder
has been amended from Free to Restricted with immediate effect.
¢ Export Quota of 25000 Kg per annum for Agarwood (Aquilaria Malaccensis) Chips
and Powder and Export Quota of 1500 Kg per annum for Agar Oil has been notified.
¢ The policy condition regarding export of Agarwood (Aquilaria Malaccensis) Chips
and Powder and Agar Oil has also been notified.
4 ——-
(Amit Yadav"Wray
Director General of Foreign Trade
Ex-Officio Additional Secretary, Gol
Email- dgft@nic.in
(Issued from F.No. 01/91/180/60/AM21/EC /E-26475)