Executive Summary:
This trade notice announces the implementation of an online module for Adjudication, Appeal, and Review proceedings under the Foreign Trade Development Regulation Act, 1992, and Rules, 1993, effective from February 27, 2021. Exporters must submit documents and engage with proceedings online via the DGFT website. A transition period allowing manual appeal filings ends on March 31, 2021.
Key Points / Main Content:
Adjudication:
* Exporters must submit prescribed export obligation fulfillment documents within the stipulated timeframe.
* Failure to submit complete documents will result in a Show Cause Notice.
* Personal Hearings (PH) will be conducted via video conferencing (VC) or physical hearings, as determined by the Adjudicating Authority.
* All correspondence will be sent via email; exporters are responsible for updating their contact details on the DGFT website.
* Failure to submit documents may lead to an order for duty, interest, and penalties.
* Adjudication proceedings for other violations will also be conducted online.
Appeal:
* Exporters can file appeals online against Adjudication Orders within the stipulated period, along with proof of penalty payment.
* Late appeals will not be accepted.
* Appellate proceedings, including PH, will be conducted online, similar to adjudication proceedings.
* A transition period until March 31, 2021, allows manual appeal filings, but subsequent processing will be online.
Review:
* Review proceedings under Section 16 of the Act will be conducted online.
* This includes submission of petitions, service of notices, and Personal Hearings (PH).
Impact Analysis:
Exporters:
* Impact: Required to use the online module for all Adjudication, Appeal, and Review proceedings; must maintain updated contact information on the DGFT website; subject to potential penalties for non-compliance.
* Action Required: Register and use the online module on the DGFT website; update contact details; ensure timely submission of required documents; monitor email communications.
Regional Authorities (RAs) of DGFT/Development Commissioners of SEZs:
* Impact: Must process cases through the online module.
* Action Required: Familiarize themselves with the online module and its functionalities.
Appellate Authority:
* Impact: Required to process appeals online.
* Action Required: Conduct appeal proceedings online, including service of notice, reply to notice, notices for Personal Hearing PH, passing of Appellate Order, its service, etc.
Reviewing Authority:
* Impact: Required to process reviews online.
* Action Required: Conduct review proceedings online, including service of notice, reply to notice, seeking comments from Adjudication Authority, notices for Personal Hearing PH, passing of Review Order OrderinReview, its service, etc.
Key Entities Referenced
Directorate General of Foreign Trade: A department under the Ministry of Commerce and Industry, responsible for foreign trade policy.
Foreign Trade Development and Regulation Act, 1992: The Act governing the development and regulation of foreign trade in India.
Foreign Trade Regulation Rules, 1993: The rules formulated under the Foreign Trade (Development and Regulation) Act, 1992.
Udyog Bhawan, New Delhi: Location of Directorate General of Foreign Trade, New Delhi
Regional Authorities RAs of DG: Regional offices of the Directorate General of Foreign Trade.
Export Promotion Councils: Organizations that promote exports from India.
Section 15 of the Act: Section of the Foreign Trade Development and Regulation Act, 1992, related to appeals against Adjudication Orders.
Section 16 of the Act: Section of the Foreign Trade Development and Regulation Act, 1992, related to Review Proceedings.
File No. 18/29/2020-21/ECA.1
Government of India
Ministry of Commerce and Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
Trade Notice No. 4y / 2015-2020 Dated: 1st March 2021
To
Members of ‘Trade and Industry
All Regional Authorities (RAs) of DG l'/Development Commissioners of SEZs
All Export Promotion Councils/Chambers of Commerce
Foreign ‘Trade Division of Department of Commerce
All concerned Government Agencies ete.
Subject: Online Module for Adjudication, Appeal, Review proceedings under
Foreign Trade (Development & Regulation) Act, 1992, (‘the Act’) as amended and
Foreign Trade (Regulation) Rules, 1993, (‘the Rules’ ) as amended.
An online module for Adjudication, Appeal, Review proceedings under
Foreign Trade (Development & Regulation) Act, 1992, (‘the Act’) as amended and
Foreign Trade (Regulation) Rules, 1993, (‘the Rules’ ) as amended has been
implemented with effect from 27 February 2021.
Adjudication
2 ‘The Exporters have to submit prescribed documents evidencing fulfilment of
export obligation within the period prescribed indicated in the Authorization/
Foreign Trade Policy/ Procedure. In case of non-submission or incomplete
submission of prescribed documents, the Exporter shall be directed to furnish the
complete prescribed documents within the period indicated in the letter issucd by
Regional Authority. In case of non-submission of complete prescribed export
documents the Exporter will be issued Show Cause Notice for violations of
Provisions under ‘the Act’ as amended and ‘the Rules’, as amended. Notices
for Personal Hearing (PI) will be issued online to the Noticees to submit their case
in the PH or through written submissions which will also be in the online module.
PH will be conducted through Video conferencing (VC) or through physical
hearings at the time and place indicated in the notice for PH at the discretion of the
Adjudicating Authority. Exporters shall submit documents online on DGFT website:
dgft.gov.in > login with valid credentials > Services > Iinforcement cum
Adjudication proceedings. “All the correspondences to Exporters will be sent
through emails. Therefore, the exporters will keep their details viz. addresses, email
1TDs, etc. updated on DGFT website. Non receipt of emails etc due to non updatation
of details shall be the liability of the Noticce (Exporter).
3. In case of non-submission of prescribed export documents evidencing
fulfilment of export obligation, Adjudication Order (Order-in-Original) may be
passed for payment of duty and interest thereon, and even enforcing penalty after
fulfilling due process. The order will be served online. On receipt of Adjudication
Order, the Exporters are required to deposit the penalty amount, Customs duty and
interest thereon.
4. Adjudication proceedings for any other violations of DGFI’s schemes,
Foreign Trade Policy/ Procedures, any orders issued under ‘the Act’, and ‘the
Rules’ shall also be initiated and conducted online.
Appeal
toy ‘The Exporter shall have the facility to file an appeal under Section 15 of the
Act against the Adjudication Order within the stipulated period alongwith the proof
of having deposited the penalty amount. No appeal can be submitted after the
stipulated period and the online system shall automatically block the process of
appeal once the time limit expires. ‘The Exporters shall have to submit the appeal
online on the DGFT website: dgft.gov.in > login with valid credentials > Services >
Enforcement cum Adjudication proceedings. Appellate proceedings will be
conducted online viz. service of notice, reply to notice, notices for Personal Hearing
(PH), passing of Appellate Order, its service, etc as in the case of Adjudication
proceedings. PH will be conducted through Video conferencing (VC) or through
physical hearings at the time and place indicated in the notice for PH at the
discretion of the Appellate Authority.
5.1 There will be a transition period upto 31* March , 2021 wherein the firm/
Appellants wishing to file an Appeal under Section 15 shall be allowed to file
Appeals either online or manually. However, subsequent to the filing by the
appellant in the manual mode, during the transition period , to the jurisdictional
Appellate authority , consequent processing of the case shall be only through the
online module.
Review
6. ‘The Review Proceedings provided in Section 16 of ‘the Act’ will also be
conducted online. The Exporters shall submit Review Petition online. Review
proceedings will be conducted online viz. service of notice, reply to notice, seeking
comments from Adjudication Authority, notices for Personal Hearing (PH), passing
of Review Order (Order-in-Review), its service, etc. as in the case of Appealproceedings. PH will be conducted through Video conferencing (VC) or through
physical hearings at the time and place indicated in the notice for PH at the
discretion of the Reviewing Authority
% The online help materials /FAQs are available at dgft.gov.in> Learn >
Application Help &FAQs > FCA-Adjudication.
‘This issues with approval of the DGFT.
(Dilip Kumar)
Deputy Director General of Foreign ‘Trade