DGFT License for Import of Hazardous Waste

A department functioning under the aegis of the Ministry of Commerce and Industry is the Directorate General of Foreign Trade (DGFT).  The organization is controlled by the Director General of Foreign Trade. The organization was primarily established for the upliftment and promotion of Foreign Trade in India. The DGFT has been given the position of the enabler in keeping with liberalization, globalization, and the purpose of growing exports. Imports and exports were changed from being prohibited and regulated to being encouraged and made easier while keeping the national interest in mind. The organization is also in charge of developing and carrying out the Foreign Trade Policy, with the primary goal of enhancing India's exports. The DGFT also grants exporters scrips or authorization and keeps track of their associated liabilities.

The DGFT notifies different quotas, or limits on the import of commodities into India under the authority granted to it by the FTDR Act. These limitations may involve the application and approval of a license or registration before specified imports.

The majority

 of the items that are imported into the country are easily transportable. However, a few limitations on the import of specific product categories have been put in place by India's EXIM Policy 2007. Importers who want to sell these goods in certain circumstances are required to obtain a DGFT license. The license may also be called an Import License.

• Import licenses are used to discriminate against the products of another nation in order to defend a native industry from foreign competition. They are also seen as non-tariff trade barriers.
• It is needed by relevant banks to process and facilitate International Transactions.
• Products need a license to obtain clearance before entering the country.

What are the roles of an Importer?

• An importer must submit Form 5 of the Rules, 2016, to the MOEF&CC in order to import or transit hazardous and other wastes that are listed in Part A and Part B of Schedule III.
• Other wastes mentioned in Schedule III Part D may be imported by the occupier without obtaining prior approval from the MOEF&CC. However, in addition to the documentation stated in Schedule VIII, the importer must provide the following information and documents to the Customs authorities, as applicable: 

1. An import license issued by the DGFT. 
2. the legal approvals granted under the Water Act of 1974 (25 of 1974), the Air Act of 1981 (21 of 1981), and these rules, as well as the E-Waste (Management & Handling) Rules of 2016 and any subsequent amendments, where appropriate;
3. A copy of the one-time authorization on Form 7 must be annexed to Form 6 in the case of an importer who is a trader and is importing on behalf of actual users. 

• The importer must get extended producer responsibility (EPR) authorization in accordance with the E-Waste (Management & Handling) Rules, 2011/2016, and subsequent amendments in order to import any old electrical and electronic assemblies or components listed under Schedule I of those rules.
• The importer of hazardous and other wastes is expected to keep Form 3 records of the wastes he has brought into the country. These records must be made available for inspection whenever the authorities request.
• The importer must submit an annual return in Form 4 to the SPCB by June 30th of the relevant fiscal year, at the latest.
• According to Schedule VI of the Hazardous & Other Wastes (Management and Transboundary Movement) Rules, the Ministry has made it illegal to import certain hazardous and other wastes into the nation.

How can Hazardous Waste be imported into India?

Though hazardous waste is banned for import for disposal in the country, it is allowed for recycling, reuse, recovery, and co-processing purposes. In order to regulate the import and export of hazardous and other wastes, the Ministry of Environment, Forests, and Climate Change has made relevant provisions. The type of wastes to be imported have been listed under Parts A to D of Schedule III of the Hazardous Waste Management Rules, 2016.

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, importers 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 import must be recognized and declared after obtaining an IEC.
• Importers must register with the DGFT before engaging in EXIM activities in order to obtain an Importer Exporter Code Number (IEC) issued against their Permanent Account Number (PAN). After receiving an IEC, the source of the products for import 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 a period of 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 importer must first file a Bill of Entry. This document attests to the value and description of the imported items. The following format for submitting the Bill of Entry:

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

While a formal Bill of Entry is not necessary under EDI, the importer 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 imported 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 imported products are not needed right away, importers 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 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
• Importer/CHA declaration
• Import 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 imported into India?

List of Substances not permitted for Import