FTP - Grant of Personal Hearing by DGFT

By Vijay Kumar

THE recently amended para 2.49.2 of the foreign Trade policy reads as:

2.49.2 Personal Hearing by DGFT

a) Paragraph 2.5 of FTP contains the provision for relaxation of Policy and Procedures on grounds of genuine hardship and adverse impact on trade. DGFT may consider such request after consulting respective Norms Committee, EPCG Committee and Policy Relaxation Committee (PRC).

b) As a last resort to redress grievances of Importers/Exporters, DGFT may provide an opportunity for Personal Hearing (PH). For such PH, a specific request has to be made to DG if following conditions are satisfied:

i. If an importer/exporter is aggrieved by any decision taken by Policy Relaxation Committee (PRC), or a decision/order by any authority in the Directorate General of Foreign Trade, and

ii. a request for review before the said Committee or Authority has been filed,

iii. such Committee or Authority has considered the request for a review, and

iv. the exporter/ importer continues to be aggrieved.

c) The decision conveyed in pursuance to the personal hearing shall be final and binding.

d) The opportunity for Personal Hearing will not apply to a decision/order made in any proceeding, including an adjudication proceeding, whether at the original stage or at the appellate stage, under the relevant provisions of F.T.(D&R) Act, 1992, as amended from time to time.

It has now been decided that Personal Hearing (PH) in such cases by the Director General of Foreign Trade will be held at Udyog Bhawan, New Delhi-11 on second Tuesday of every month between 3:00PM to 4:00PM. In case, in any month, 2nd Tuesday is not a working day then such PH may be held on next Tuesday.

Any importer/exporter who satisfies the conditions given in the Para 2.49.2 of Foreign Trade Policy (FTP) may submit a representation to DGFT for seeking PH before him with the header: Request for PH before DG under Para 2.49.2 of FTP.

DGFT Trade Notice No. 05/2013-Cus., Dated: July 19, 2013