The Directorate General of Foreign Trade (DGFT), Department of Commerce under the Ministry of Commerce and Industry has amended the Module for Adjudication, Appeal and the Review proceedings under Foreign Trade (Development & Regulation) Act, 1992 and Foreign Trade (Regulation) Rules, 1993.This comes into effect from 27 February 2021.
Adjudication
Exporters are required to submit documents to establish fulfilment of Export Obligation (EO) within a prescribed period, as per the Foreign Trade Policy. In case of non-fulfilment, the Regional Authority shall direct the exporter to furnish the complete documents within the stipulated time. If non-fulfilment of submission of export documents continues, a show-cause notice will be issued to the exporter for the violation. Notice for Personal Hearing (PH) will be issued online to exporters to submit relevant detail in support of their case at the time and place indicated, at the discretion of Adjudicating Authority, in the said notice. PH can be conducted either through video conferencing or physically. The exporters are required to update details with the DGFT.
If non-compliance of submission of export documents to establish fulfilment of EO, continues, Adjudication Order (Order-in-Original) may be passed online demanding duty, interest and penalty, after completing due process.
Adjudication Proceedings for any other violations of DGFT’s schemes, Foreign Trade Policy/procedures, any orders issued shall also be initiated and conducted through online
Appeal
An exporter can file an appeal against the Adjudication Order within the stipulated period, supported with proof of payment of penalty amount. No appeal shall be allowed after the statutory time frame and automatic blocking of online appeal filing facility would be initiated. Appellate proceedings will be conducted online viz. service of notice, filing of reply to notice, issue of notice for PH, passing of Appellate Order, its service, etc. as in the case of adjudication proceedings. Hearing can be conducted either through Video conferencing or physically.
The Exporter can file an appeal either through online or manual mode up to 31 March 2021 (transition period). During the transition phase, after filing a case in manual mode with the jurisdictional Appellate Authority, the case will be processed online only.
Review
The exporters can file a review petition through online mode and the review proceedings viz. service of notice, filing of reply to notice, seeking comments from Adjudication Authority, notice for PH, passing of Review Order (Order-in-Review), its service, etc. will also be conducted online. PH can be conducted either through video conferencing or physically.
[Director General of Foreign Trade, Department of Commerce- Trade Notice No. 44/2015-2020 Dated: 1st March 2021]