Publication of order under COFEPOSA Act, 1974 in the Gazette of India

## Policy Analysis Report: Amendment to Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 **1. Executive Summary:** This report analyzes an amendment to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974. The amendment, issued on July 29, 2022, specifically empowers Shri Gaurav Masaldan, Joint Secretary Customs to the Government of India, for the purpose of Section 3 of the Act. This report focuses on the implications of this designation and its likely impact on the enforcement of COFEPOSA. **2. Introduction:** The purpose of this report is to provide a detailed analysis of the amendment to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974, as published in the Gazette of India on July 29, 2022. This analysis is based solely on the provided text of the amendment. **3. Policy Overview:** * **Original Policy:** Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. * **Core Objective(s):** The core objective of the original Act, as inferred from the title, is to conserve foreign exchange and prevent smuggling activities. The amendment doesn't explicitly state the objectives, but implies continued focus on these goals. **4. Background and Rationale:** This amendment appears to address the need for efficient and effective implementation of Section 3 of COFEPOSA, likely related to the Act's operational needs at the time. The amendment specifically empowers an individual to act on behalf of the Central Government for the purpose of that section. The supersession of the Notification dated 24th November, 2015 suggests a change or update in personnel authorized to exercise these powers. **5. Key Provisions / Changes:** This amendment focuses specifically on changes to authorized personnel to enact a section of the original act. * **Specific Part of Original Policy Changed:** The amendment pertains to the authority granted under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. It changes *who* is empowered to act under that section. * **New Rule/Provision:** The new provision specifically empowers Shri Gaurav Masaldan, Joint Secretary Customs to the Government of India, for the purpose of Section 3 of the Act. * **Difference/Effect of Change:** The effect of this change is that Shri Gaurav Masaldan is now authorized to exercise the powers conferred by Section 3(1) of COFEPOSA. This is likely a shift in responsibility for this authorization from whomever was previously authorized. **6. Target Audience and Stakeholders:** The direct target audience and stakeholders affected by this amendment are primarily: * **Shri Gaurav Masaldan:** As the individual now specifically empowered. * **Central Economic Intelligence Bureau (CEIB):** As the agency likely responsible for coordinating efforts related to COFEPOSA implementation. * **Department of Revenue, Ministry of Finance:** As the department overseeing the CEIB and the implementation of the Act. * **Individuals and entities engaged in activities related to foreign exchange and smuggling:** These parties will be indirectly affected by the exercise of powers under Section 3 by the newly empowered official. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies mentioned:** Central Economic Intelligence Bureau (CEIB), Department of Revenue, Ministry of Finance, Government of India. * **Any timelines or procedures specified in the text:** No specific timelines or procedures are outlined in the text of this amendment. * **Implementation aspects related specifically to the changes:** The implementation of this amendment requires the CEIB to recognize and support Shri Gaurav Masaldan's authority in exercising the powers under Section 3(1) of COFEPOSA. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is likely to enhance the efficiency and effectiveness of implementing Section 3 of COFEPOSA. It aims to streamline the process by designating a specific individual, Shri Gaurav Masaldan, to exercise the relevant powers. The impact of this change is difficult to assess without knowing the specifics of Section 3 and the previous authorization in place. **9. Conclusion:** The amendment to the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, empowers Shri Gaurav Masaldan, Joint Secretary Customs to the Government of India, for the purpose of Section 3 of the Act. This change likely intends to improve the efficiency and effectiveness of implementing COFEPOSA by clarifying and updating the designated authority. This policy impacts the enforcement of the act.

Key Entities Referenced