Ministry: 
Commerce and Industry
  • Introduced
    Rajya Sabha
    Nov 25, 2009
    Gray
  • Referred
    Standing Committee
    Dec 01, 2009
    Gray
  • Report
    Standing Committee
    Mar 26, 2010
    Gray
  • Passed
    Rajya Sabha
    Aug 09, 2010
    Gray
  • Passed
    Lok Sabha
    Aug 12, 2010
    Gray

Amending the Foreign Trade (Development and Regulation) Act, 1992, this Bill seeks to bring in 'technology' and 'services' within its purview. It also aims to impose Quantitative Restrictions (QRs) and bring in provisions for more stringent control for trade of dual-use goods and technologies. Further, it seeks to dispense with requirements of obtaining any licenses other than those provided under this Act.
 

Highlights of the Bill

  • The Bill amends the Foreign Trade (Development and Regulation) Act, 1992, which empowers the government to regulate trade in goods.
  • It extends the ambit of the Act to cover services and technology.
  • It brings all licences for trade in services, goods and technology under the exclusive jurisdiction of the Act.
  • The Bill provides for the imposition of Quantitative Restrictions on imports which cause serious injury to domestic industry.
  • The Bill provides for controls on the trade of specified goods, services or technology which could be used in the manufacture of weapons of mass destruction or their delivery systems (such as missiles). 

Key Issues and Analysis

  • The Bill does away with all licensing requirements for cross border trade in services, except as provided for under the Act.  This leaves unclear the status of other regulators who may have their own licensing requirements for cross border trade in such services.
  • Traders in specified goods and technologies could have their licences cancelled without being given a reasonable opportunity of being heard.  Though they must be given such an opportunity within six months, this provision may create uncertainty for exporters of these materials.
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Read the complete analysis here