Import Authorisation of Restricted Items: Complete Guide

Navigating the complexities of international trade, particularly when it comes to the importation of restricted items, requires a thorough understanding of the regulatory framework that governs these transactions. The process involves more than just identifying what can be brought into a country; it necessitates a deep dive into the specific authorizations needed, the categories of goods under scrutiny, and the procedures to legally import these items. This guide is designed to shed light on the essential aspects of obtaining import authorization for restricted items, offering clarity on what often appears to be a daunting part of global commerce.

Q1. What is restricted import authorisation?

Goods or services categorised as 'Restricted' for export or import can only be traded with authorisation or permission, or in compliance with the procedures outlined in a notification or public notice issued for this purpose

Q2.  .What are the categories of imports under the Foreign Trade Policy?

The imports category within the existing Foreign Trade Policy includes: (i) prohibited items, imports of which are normally not allowed (ii) restricted items, imports of which are allowed against authorisation or in accordance with a public notice which indicates the conditions under which the items can be imported (iii) those under state trading enterprises (STE) policy, the imports of which are permitted only through the designated STEs (iv) those which can be freely imported.

The importability of an individual item can be determined as per the policy indicated against such an item in the ITC (HS) Classifications of Export and Import Items.

Q3. What is the application procedure for restricted import authorisation?

Applications for the authorisation of import of “restricted” goods, or for seeking clarifications or for other purposes may be made online on https://dgft.gov.in in ANF 2M  along with documents prescribed therein. Applicants may ensure while submitting documents that documents are either in English or Hindi. Documents in regional languages may be translated into English or Hindi and the translated copy may be self-certified and submitted along with the original copy. 

Q4. Can the authorisation for the import of restricted items be amended?

Yes, the authorization for the import of restricted items be amended by making an application online on the DFGT portal.

Q5. Who grants authorisation for the import of restricted items?

Authorization for restricted items may be granted by DGFT or any other authorised Regional Authority (RA) designated by DGFT. DGFT or the designated RA may seek assistance and advice from the Exim Facilitation Committee during the authorisation process.

Q6. What is the validity of the authorisation for the import of restricted items?

The validity period of Import Authorisations for restricted items from the date of issue is 18 months.

Q7. What persons or firms are eligible to apply for an authorisation?

All eligible persons, firms, and institutions can apply for authorisation provided they hold a valid importer/exporter code number (IEC).

Q8. What is the application fees for authorisation?

Details of fees are given in Appendix 2-K of Foreign Trade Policy which is available at DGFT's website (https://dgft.gov.in).

Q.9 Are imports of sample goods restricted under the ITC(HS) allowed without authorisation?

No Authorisation shall be required for the Import of bonafide technical and trade samples of items “restricted” in ITC(HS) except defense/security items, seeds, bees, and new drugs.

Q. 10 What is the import policy for secondhand goods?

Sl.No.	Categories of Second-Hand	Import Policy	Conditions, if any
CAPITAL GOODS	i. Desktop Computers; ii. Refurbished/re-conditioned spares of re-furbished parts of Personal Computers/ Laptops; iii. Air Conditioners; iv. Diesel generating sets	Restricted	Importable against Authorisation
CAPITAL GOODS	All electronics and IT Goods Notified under the Electronics and IT Goods (Requirements of Compulsory Registration) Order, 2012 as amended from time to time	Restricted	(i) Importable against an authorization subject to conditions laid down under Electronics and IT Goods (Requirements of Compulsory Registration) Order, 2012 as amended from time to time. (ii) Import of unregistered/non-compliant notified products as in CRO, 2012 as amended from time to time is “Prohibited”
OTHER THAN CAPITAL GOODS	Second Hand Goods other than capital goods	Restricted	Importable against Authorisation

Q 11. Clearance of Goods from Customs against Authorization

Goods already imported/shipped/arrived in advance, but not cleared from Customs may also be cleared against an Authorization issued subsequently. However, such goods are first warehoused against the Bill of Entry for Warehousing and then cleared for home consumption against an Authorization issued subsequently. Whereas, Authorization for the import of restricted items shall be issued prior to the arrival of goods at Customs. 

Q12. Import of Restricted items required by Hotels, Restaurants, Travel Agents, Tour Operators and other Specified Categories 

Items mentioned as restricted for imports in ITC (HS) required by hotels, restaurants, travel agents and tour operators may be allowed against an Authorisation, based on the recommendation of the Director General, Tourism, Government of India.

Q 13. Import of Restricted items for R&D by units of Government

All restricted items and items permitted to be imported by STEs, except live animals, required for R&D purposes may be imported without Authorisation by government-recognized Research and Development units.

Conclusion

The intricate process of obtaining authorization for the import of restricted items is a testament to the regulated nature of international trade. 

From understanding what these restricted items are, to navigating the categories under the Foreign Trade Policy, and finally to the application process itself, each step is integral to ensuring compliance and smooth operation in the global market. 

This guide aims to demystify these steps, providing a clear pathway for businesses and individuals alike to follow. 

With the right information and adherence to the outlined procedures, securing the necessary authorization becomes an achievable milestone, opening up vast opportunities for trade and commerce across borders.