Foreign Trade Policy 2023 Amendment for Stakeholder Consultation

To Be Published in the Gazette of India Extraordinary Part-II Section-3, Sub-Section (II)

Government of India Ministry of Commerce & Industry Department Of Commerce Directorate General of Foreign Trade Vanijya Bhawan

Notification No. 47 /2024-2025 New Delhi, Dated: $02^{\text{nd}}$ January, 2025

Subject: Amendment in Foreign Trade Policy 2023 to include Para 1.07A and 1.07B for consultation with stakeholders to seek views, suggestions, comments or feedback from relevant stakeholders, including importers/exporters/industry experts concerning the formulation or amendment of the Foreign Trade Policy.

S.O.(E) In the exercise of powers conferred by Section 5 of the Foreign Trade (Development & Regulation) Act, 1992, as amended from time to time, read with Para 1.02 of the Foreign Trade Policy 2023, the Central Government hereby makes the following amendments by inserting Para 1.07A and Para 1.07B with immediate effect in Chapter 1 of FTP 2023:

2. 1.07A Consultation with Stakeholders

The Central Government, in the course of formulation of Foreign Trade Policy, as and when it deems reasonable to do so, may seek views, suggestions, comments or feedback from relevant stakeholders, including importers/exporters/industry experts with regard to formulation, incorporation of specific provision(s) or amendments in the Foreign Trade Policy, and to the extent possible, 30 days' time-period may be provided to such relevant stakeholders for submission of their views, suggestions, comments or feedback.

Notwithstanding the above, the Central Government reserves the right to suo moto formulate, amend or incorporate any specific provisions in the Foreign Trade Policy, without seeking views, suggestions, comments, or feedback from stakeholders.

1.07B Soliciting of views, suggestions, comments or feedback

After receiving the views, suggestions, comments or feedback as provided for in para 1.07A, if such views, suggestions, comments or feedback are not incorporated in the Foreign Trade Policy thereof, the Central Government may to the extent possible and if deems reasonable to do so, provide, to the relevant stakeholders, including importers/exporters/industry experts from whom such views, suggestions, comments or feedback were received, the reasons for not considering their views, suggestions, comments, or feedback while formulating, amending or incorporating specific provisions in the Foreign Trade Policy .

Provided nothing in the above para shall oblige or mandate the Central Government to disclose reasons for not incorporating views, suggestions, comments or feedback, that

• (i) has the potential to or will adversely affect trade relations with any foreign country;
• (ii) would adversely affect food, economic or national security of India;
• (iii) is in conflict with any government policies, strategic programs, international obligations or commitments or long-term plans and would undermine the objectives of such policies or programs;
• (iv) addresses matters unrelated to trade or serve narrow, private or special interests to the detriment of or contrary to the broader public interest, good; or
• (v) would require the disclosure of confidential or classified information.

Nothing shall confer any legal right whatsoever on any person to seek reasons for his views, comments, opinions or feedback, not being incorporated in the Foreign Trade Policy thereof.

3. This is issued in the public interest.

Effect of this Notification: Para 1.07 of Foreign Trade Policy 2023 is amended by inserting Para 1.07A and Para 1.07B to introduce trade facilitation measures with an option available to the Central Government for consultation with relevant stakeholders such as exporters/importers/industry experts to seek their views, suggestions, comments or feedback and also providing the mechanism on best endeavour basis, to inform reasons for not accepting views, suggestions, comments or feedback concerning the formulation or amendment of the Foreign Trade Policy.

This is issued with the approval of the Minister of Commerce & Industry.

[Image omitted. See the official document.]

(Santosh Kumar Sarangi) Director General of Foreign Trade Ex-Officio Additional Secretary, Government of India E-mail: dgft@nic.in

(Issued from F. No. 01/92/180/50/AM25/PC-6 /E-40921)