**Policy Summary:**
This circular, ECA Circular No. 34/2015-20, issued by the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry, Government of India, dated December 7, 2020, addresses the procedure for Regional Authorities (RAs) to provide documents to investigating agencies such as the CBI, ED, and DRI. It supersedes previous instructions requiring prior approval from Headquarters before handing over cases to investigating agencies, as outlined in ECA Circular No. 3/1999-2000 dated January 10, 2000, and OM No. 1/12004 dated July 26, 2004.
The circular aims to expedite investigations by empowering Heads of Regional Authorities to decide on document requests from investigating agencies based on the specific facts and circumstances of each case. When providing documents, RAs must obtain a written request, issue a proper receipt noting the receiver's name and designation, retain a copy of the receiving officer's official ID, and keep copies of the provided records. If a Head of Office believes documents should not be released, they must refer the matter to the ECA Division of Headquarters with a clear justification for the refusal.
For further information, contact Abhijit Bakshi, Joint Director General of Foreign Trade, at Tel. No. 23062220 or via email at abhijit.bakshi@nic.in, referencing F. No. 10/181/HQ/19-20/ECA-I/674.
Key Entities Referenced
Directorate General of Foreign Trade: An agency under the Ministry of Commerce and Industry, Government of India, responsible for foreign trade regulations.
Udyog Bhawan, New Delhi: Location of the Directorate General of Foreign Trade headquarters in New Delhi.
CBI: Central Bureau of Investigation, an investigating agency in India.
ED: Enforcement Directorate, an investigating agency in India dealing with economic crimes.
DRI: Directorate of Revenue Intelligence, an Indian intelligence agency combating smuggling.
Regional Authorities: Refers to the regional offices of the Directorate General of Foreign Trade (DGFT).
ECA Division: The Export Control & Authorization Division of the DGFT headquarters.
Abhijit Bakshi: Joint Director General of Foreign Trade.
Government of India
Ministry of Commerce & Industry
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi- 110011.
fe
Dated:- 7 December, 2020.
ECA Circular No. 34 /2015-20
To
All Regional Authorities
Subject: Providing documents sought by investigating agencies like CBI, ED, DRI,
etc.
Attention is drawn to ECA Circular No. 3/1999-2000 dated 10th January, 2000 and OM
No.11/2004 dated 26th July, 2004 whereby it has been stated that the RAs would hand over
the cases to the investigating agencies with the prior approval of Headquarters. This
arrangement was prescribed to ensure that only deserving cases are sent for investigation. No
permission was required to handover the documents as asked for by the investigating agencies
where our offices are not making any reference for investigation.
2s This Directorate has been regularly receiving references from the Regional Authorities
seeking permission to hand over documents/copies of documents to the external investigating
agencies. Making such references to Headquarters delay the handing over of documents and
consequentially result in delays in the investigations. Therefore, it has been decided that
whenever a request for documents is received from an investigating agency, Head of the
Regional Authority may decide the same keeping in view facts and circumstances of the case.
3: RAs should provide the requisite records to the investigating agency against a request
in writing, under proper receipt, recording name and designation of the receiver. A copy of
official ID of the receiving officer should also be kept in record. RA Should also keep copies of
the record being handed over.
4. If, for any reason, Head of Office is of the view that the requisite documents should
not be handed over, he shall make a reference to the ECA Division of Has. clearly bringing out
the reasons for such refusal.
Abhijit Bakshi
Jt. Director General of Foreign Trade
Tel. No. 23062220
E-mail: abhjit.bakshi@nic.in
(F. No. 10/181/HQ/19-20/ECA-I)/674