DGFT License for Export of Hazardous Waste

The Ministry of Commerce and Industry of the Government of India's Directorate General of Foreign Trade (DGFT) is the principal division that plays a significant role in advising the government on policy actions. Providing exporters with export certifications and licenses is one of its main responsibilities. It is in charge of regulating, limiting, and forbidding imports and exports. For various types of goods, there are some restrictions or quota needs. Under these restrictions, it can be necessary to get a permit or register to export from India. The DGFT acts as the main organization in this situation and issues exporters' licenses to quicken the export process. To increase India's exports, the agency is also in charge of creating and implementing the Foreign Trade Policy. Additionally, the DGFT provides exporters with scripts or authorization and manages their related responsibilities.

These limitations may involve the application and approval of a license or registration before these restrictions could entail registering or applying for a license before certain exports. In line with liberalization, globalization, and the goal of increasing exports, the DGFT has been given the role of the facilitator. While keeping the national interest in mind, imports and exports were transformed from being restricted and regulated to being encouraged and made easier.

The vast majority of the goods exported from the country are portable. However, India's EXIM Policy 2007 has imposed some restrictions on the export of a few particular product categories. Exporters must get a DGFT licence in order to sell these goods under particular conditions. A licence is required for several reasons, in addition to the fact that exports from India must have one:

• Exporters must register with an IEC at airports or seaports where their products must go through customs.
• Submission of an IEC is a requirement for registration with commodity boards and export promotion councils, which serve as advisors to exporters.
• In some circumstances, exporters must obtain the consent of specific Authorities or Agencies (such as agriculture) in order to export, and obtaining this approval will need the use of an IEC.
• Exporters must submit their IEC to banks before receiving payment from foreign buyers.

As a result, obtaining an export licence in India is a need. It is advisable to prepare early for an IEC to avoid the frustration and resource waste that non-compliance may bring.

The Foreign Trade Policy's Export Promotion Schemes offer incentives to increase exports from India in order to counteract inefficient infrastructure and the related expenses of giving exporters a level playing field. Among the programmes the DGFT has introduced are:

• Service Exports from India Scheme (SEIS)

In accordance with the SEIS programme, service exporters for qualified service categories receive benefits in transferable duty credit scripts as a proportion of Net Foreign Exchange (NFE) gained on the export of eligible services throughout a fiscal year. You can pay your basic customs duty and additional taxes using these duty credit scripts.

• Scheme for Rebate of State and Central Taxes and Levies on Export of Garments and Made- RoSCTL

This programme was established to offer refunds for all embedded state and federal taxes associated with the export of clothing and accessories. This programme offers scripts for duty credits that are transferable and sellable based on the FOB (Free on Board) export value.

Hazardous and other wastes from and into India may not be exported or imported if:

• It is not in accordance with the Hazardous Waste Management Rules of 2016, or without the Central Government's consent.
• The permission has been obtained through falsification, misrepresentation, or fraud of information.
• It is not in accordance with the shipping information listed in the movement documents.
• It leads to the intentional dumping of hazardous or other wastes, which is against the Basel Convention and fundamental rules of international or domestic law. 

When waste is exported illegally, the exporter must, at his expense and within ninety (90) days after the date of entry into India, re-export the waste under the supervision of the relevant port and customs authorities.

How can Hazardous Waste be Exported From India?

A completed Form 5 and insurance coverage for the smooth transboundary movement of hazardous and other wastes must be submitted to the MOEF&CC by any occupier who wants to export waste as defined in Part A and B of Schedule III and Schedule VI. Additionally, for the types of wastes included in Part A of Schedules III and VI, the importer must also submit the Prior Informed Consent (PIC) obtained from the exporting nation.

What is an Import-Export Code?

• Obtaining an Import Export Code would be one of the first documents to be obtained by any organization that is involved in the business of Exports. A key company identifying the number required for exporting from or importing into India is an Importer-Exporter Code (IEC). 
• Unless specifically exempted, no person may export or import without first obtaining an IEC. However, if the service provider is receiving incentives under the Foreign Trade Policy, IEC is not required for service exports.
• Before participating in EXIM activities, exporters must register with the DGFT in order to receive an Importer Exporter Code Number (IEC) issued against their Permanent Account Number (PAN). The source of the goods for export must be recognized and declared after obtaining an IEC.
• Exporters must register with the DGFT before engaging in EXIM activities in order to obtain an Import Export Code Number (IEC) issued against their Permanent Account Number (PAN). After receiving an IEC, the source of the products for export must be acknowledged and stated.
• In case a company is registered under the GST scheme, they may also need not 
• An individual or a group of companies can apply for an IEC. The code can be generated through its online website.
• Upon the submission of the following documents, an IEC would be generated-

1. Individual’s voter id or Aadhar card or passport copy. 
2. Individuals or companies or firms cancel cheque copies of current bank accounts. 
3. Copy of Rent Agreement or Electricity Bill 
4. Copy of the premise. 
5. A self-addressed envelope for delivery of the IEC certificate by registered post. 
6. Individual’s or Firm’s or Company’s copy of PAN Card.

• An individual or unit applying for a License needs to register themselves on the online portal of the DGFT. 
• The application would then move forward upon the submission of relevant documents.
• After a successful upload, the applicant necessarily needs to apply for an IEC Code. IEC can be issued by a proprietorship, partnership, LLP, trust, or HUF. 
• Since GST was introduced, a company’s PAN would be considered as its IEC. However, it must be noted that an IEC is not generally a PAN as an IEC is separately issued by the DGFT. 
• After submitting the form, the DGFT shall scrutinize applications and may inform the applicant in case of any changes. Within 15 days, the IEC shall be issued. 
• An IEC does not need to be renewed as it is valid for the lifetime of a unit.

A Bill of Entry

Under Section 46, every exporter must first file a Bill of Entry. This document attests to the value and description of the Exported items. The following format for submitting the Bill of Entry:

• For customs, the original and duplicate
• An Exporter Copy
• A copy of the banks
• A copy for making remittances

While a formal Bill of Entry is not necessary under EDI, the exporter is still obliged to submit a cargo declaration after providing the information needed to process the entry for customs clearance. There are three different kinds of bills of entry:

• Bill of Entry for Home Consumption - When the exported items must be cleared after complete duty payment, this form is utilized. Indian consumption refers to use domestically. Since it is white, it is frequently referred to as the white bill of entry.
• Bill of Entry for Housing - If the exported products are not needed right away, exporters may store them in a warehouse under a bond without paying the duty and release them when needed after paying the duty. This will make it possible to postpone paying the customs charge until the items are needed. This Bill of Entry is frequently referred to as the "yellow bill of entry" since it is printed on yellow paper. Because the bond is executed for the movement of goods in a warehouse without paying duty, it is also known as the "into the bond bill of entry."
• Bill of Entry for Ex-Bond Clearance - The third kind is used to clear ex-bonds. This is printed on green paper and used for warehouse clearance after paying duty.

The following documents are also typically required if a Bill of Entry is filed without using the Electronic Data Interchange system:

• Signed invoice
• Packing list
• Bill of lading or delivery order/air waybill
• GATT declaration form
• Exporter/CHA declaration
• Export license
• Letter of credit/bank draft
• Insurance document
• Industrial license, if required
• Test report in case of chemicals
• Ad hoc exemption order
• DEEC Book/DEPB in original, where applicable
• Catalog, technical write-up, literature in case of types of machinery, spares, or chemicals as may be applicable
• Separately split up the value of spares, components, and machinery.
• Certificate of Origin, if the preferential rate of duty is claimed.

What Kind Of Hazardous Waste Cannot Be Exported From India Without a DGFT License?

What kind of Hazardous Waste is prohibited to Export?