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FRAMEWORK IN TRADE
SUBMITTED TO Mr.Animesh Das, Assistant Professor
DECLARATION
I, Rao Vishwaja hereby declare that the contents of this project titled Analysing
Indias liability for a framework in trade submitted by me to Assistant
Professor, Mr Animesh Das is an original piece of work undertaken by me as a
student of Damodaram Sanjivayya National Law Univeristy.
Vishwaja Rao
SemesterVI, 201285
ACKNOWLEDGMENT
I would like to thank my Assistant Professor Mr.Animesh Das for all his help and guidance
provided to me for the completion of my project. A work of this nature could not have been
possible without his encouragement and support.
OBJECTIVE
To analyse Indias existing legislations and identify its liabilities and suggest
a new framework for trade policy in India
QUESTION
Whether Indias Existing trade frame work needs to be done away with
HYPOTHESIS
Indias framework in trade has several liabilities due to its existence and
strategies to achieve exisiting objectives and a pathway for new framework is
recommended.
RESEARCH METHODOLOGY
I have used doctrinal method of research using secondary resources- books&
case laws.
TABLE OF CONTENTS
1. Declaration
11. Acknowledgement
1V. Bibliography
20
Contents
INTRODUCTION...................................................................................................... 6
OBJECTIVES OF INDIAS FOREIGN TRADE POLICY....................................................8
SALIENT FEATURES OF INDIAS FOREIGN TRADE POLICY.......................................9
Foreign Trade (Development and Regulation) Act,1992.......................................11
FOREIGN EXCHANGE MANAGEMENT ACT, 1999...................................................13
CENTRAL EXCISE DUTIES DRAWBACKS RULES, 1995...........................................14
INDIA AND CHINAS TRADE POLICY COMPARISON................................................15
CONCLUSION....................................................................................................... 17
INTRODUCTION
Trade involves the transfer of the ownership of goods or services from one person or entity to
another in exchange for other goods or services or for money1. Foreign trade is exchange of
capital, goods, and services across international borders or territories 2. In most countries, it
represents a significant share of gross domestic product (GDP). While international trade has
been present throughout much of history, its economic, social, and political importance has
been on the rise in recent centuries.
Laws relating to regulation of trade are termed as trade policies. Foreign trade in India began
in the period of the latter half of the 19th century. The period 1900-1914 saw development in
India's foreign trade. The augment in the production of crops as oilseeds, cotton, jute and tea
was mainly due to a thriving export trade. In the First World War, India's foreign trade
decelerated. After post-war period, India's exports increased because demand for raw
materials was increased in all over world and there were elimination of war time restrictions.
The imports also increased to satisfy the restricted demand. Records indicated that India's
foreign trade was rigorously affected by the great depression of 1930s because of decrement
in commodity prices, decline in consumer's purchasing power and unfair trade policies
adopted by the colonial government. During the Second World War, India accomplished huge
export surplus and accumulated substantial amount of real balances. There was a huge
pressure of restricted demand in India during the Second World War. The import requirements
were outsized and export surpluses were lesser at the end of the war. Before independence,
India's foreign trade was associated with a colonial and agricultural economy. Exports
consisted primarily of raw materials and plantation crops, while imports composed of light
consumer merchandise and other manufactures. The structure of India's foreign trade
reflected the organized utilization of the country by the foreign leaders. The raw materials
were exported from India and finished products imported from the U.K. The production of
final products were discouraged. For instance, cotton textiles, which were India's exports,
accounted for the largest share of its imports during the British period. This resulted in the
decline of Indian industries. Since last six decades, India's foreign trade has changed in terms
of composition of commodities. The exports included array of conventional and nontraditional products while imports mostly consist of capital goods, petroleum products, raw
materials, intermediates and chemicals to meet the ever increasing industrial demands. The
export trade during 1950-1960 was noticeable by two main trends. First, among commodities
which were directly based on agricultural production such as tea, cotton textiles, jute
manufactures, hides and skins, spices and tobacco exports did not increase on the whole, and
secondly, there was a significant boost in the exports of raw manufactures such as iron ore. In
the period of 1950 to 1951, main products dominated the Indian export sector. These included
cashew kernels, black pepper, tea, coal, mica, manganese ore, raw and tanned hides and
skins, vegetable oils, raw cotton, and raw wool. These products comprised of 34 per cent of
the total exports3. In the period of 1950s there were balance of payments crunch. The export
proceeds were not enough to fulfil the emerging import demand. The turn down in agriculture
1 Oxford dictionary
2 supra
production and growing pace of development activity added pressure. The external factors
such as the closure of Suez Canal created tension on the domestic financial system. The
critical problem at that moment was that of foreign exchange scarcity. The Second Five Year
Plan with its emphasis on the development of industry, mining and transport had a large
foreign exchange factor. This tension on the balance of payments required the stiffening of
import strategy at a later stage.
Foreign Trade is the important factor in economic development in any nation. Foreign trade
in India comprises of all imports and exports to and from India. The Ministry of Commerce
and Industry at the level of Central Government has responsibility to manage such operations.
The domestic production reveals on exports and imports of the country. The production
consecutively depends on endowment of factor availability. This leads to relative advantage
of the financial system. Currently, International trade is a crucial part of development strategy
and it can be an effective mechanism of financial growth, job opportunities and poverty
reduction in an economy. According to Traditional Pattern of development, resources are
transferred form the agricultural to the manufacturing sector and then into services.
4 Foreign Trade Policy and Trends in India by Vibha Mathur, Neha Publishers and
Distributors,2009. P126-128.
5 Excerpt taken from dgft.gov.in last retrieved on 22 nd march 2015
machines, ready-made garments, gems and jewellery, tea, jute manufactures, Cashew
Kernels, electronic goods, especially hardwares and softwares which occupy prime place in
exports.
Since 1991 the role of public sector in Indias foreign trade has undergone a change. Prior to
it, State Trading Corporation (STC), Minerals and Metals Trading Corporation (MMTC),
Handicraft and Handloom Corporation, Steel Authority of India Ltd. (SAIL), Hindustan
Machine Tools (HMT), Bharat Heavy Electrical Limited (BHEL), etc., used to play
significant role in Indias foreign trade. As a result of implementation of the policy of
liberalization, the importance of all these public sector enterprises has diminished.6
international competitiveness and aid in further increasing the acceptability of Indian exports.
The policy sets out the core objectives, identifies key strategies, spells out focus initiatives,
outlines export incentives, and also addresses issues concerning institutional support
including simplification of procedures relating to export activities.7
The key strategies for achieving its objectives include:1. Unshackling of controls and creating an atmosphere of trust and transparency;
2. Simplifying procedures and bringing down transaction costs;
3. Neutralizing incidence of all levies on inputs used in export products;
Salient features
In India, exports and imports are regulated by the Foreign Trade (Development and
Regulation) Act, 1992, which replaced the Imports and Exports(Control) Act,1947, and gave
the Government of India enormous powers to control it. The salient features of the Act are as
follows:1. It has empowered the Central Government to make provisions for development and
regulation of foreign trade by facilitating imports into, and augmenting exports from
India and for all matters connected therewith or incidental thereto.
2. The Central Government can prohibit, restrict and regulate exports and imports, in all
or specified cases as well as subject them to exemptions.
3. It authorizes the Central Government to formulate and announce an Export and
Import (EXIM) Policy and also amend the same from time to time, by notification in
the Official Gazette.
4. It provides for the appointment of a Director General of Foreign Trade by the Central
Government for the purpose of the Act. He shall advise Central Government in
formulating export and import policy and implementing the policy.
5. Under the Act, every importer and exporter must obtain a 'Importer Exporter Code
Number' (IEC) from Director General of Foreign Trade or from the officer so
authorised.
6. The Director General or any other officer so authorised can suspend or cancel a
licence issued for export or import of goods in accordance with the Act. But he does it
after giving the licence holder a reasonable opportunity of being heard.
7. Besides the Foreign Trade (Development and Regulation) Act, there are some other
laws which control the export and import of goods. These include:a) Tea Act,1953
b) Coffee Act, 1942
c) The Rubber Act, 1947
d) The Marine Products Export Development Authority Act, 1972
e) The Enemy Property Act, 1968
f) The Export (Quality Control and Inspection) Act, 1963
g) The Tobacco Board Act, 19758
measures, has moved india to the most active user of anti dumping meausres. In contrast,
China has initiated a few antidumping measures since 199516. It has however, been the target
of these measures17. In fact, roughly, 20 per cent of Indias antidumping measures were
directed towards China; by far China has become Indias main target. Perhaps because of the
increase in Indias use of anti-dumping measures, she has herself become the target of such
measures Antidumping, thus, appears to be a prime policy substitute used by India to These
measures comprise all quantitative restrictions (prohibitions, quotas, nonautomatic licensing,
VERs and MFA), price control measures (minimum, reference orbasic import price systems,
price surveillance and voluntary export price restraints), additional customs formalities and
other entry control measures, local content requirements, but excludes Para-tariff measures,
automatic licensing and import surveillance, advance payment of duties and import deposits
and anti-dumping and countervailing actions.
CONCLUSION
The objective of the Foreign Trade Policy is to twofold India percentage share of global
merchandise trade and to act as an effectual instrument of economic growth by giving a thrust
to employment generation, especially in semi-urban and rural areas. The growth performance
of exports has been a result of watchful effort of the Government to lessen transaction costs
and assist trade. The guidelines of the Foreign Trade Policy (2004-09) for a five year period
clearly articulate objectives, strategies and policy initiatives that has been involved in putting
exports on a higher growth line.
There are numerous challenges and issues in foreign trade. These include burden of export
promotion schemes, danger of circular trading, and risk of importing outdated machinery.
Sometimes policy fails to take a holistic view of trade issues. Other issue is relative
importance of the home market, the nature or the degree of State intervention and
recessionary conditions in the global market. India's exports have suffered due to structural
constraints operating both on the demand and supply side. On the demand side exports have
continued to undergone the problems of adverse world trading environment, protectionist
sentiments in the developed countries in the guise of technical standards, environmental and
social concerns and tariff differentials in imports by the developed countries. At the supply
end, the factors that have constrained exports from India include infrastructure constraints,
high transaction costs, inflexibilities in labour laws, quality problems, constraints in attracting
FDI in the export sector,etc.
It is summarized that foreign trade has significant function in the fiscal development of any
nation. India has made strong foreign trade policies and reformed these from time to time
with the process of globalisation and liberalization. Since 1991, India's foreign trade
considerably transformed. India's major exports include manufacturing and engineering
goods. India has good trading relations with all developed countries in the world. More than
fifty percent of India's total export trade is with Asia and ASEAN region and about sixty
percent of India's total imports is with the same countries. India's wealth previously was
agricultural economy. India's major requirement use to be food grains and other goods in
import with fast industrialization, the composition of India's imports goods changed and
needed chemicals, fertilizers and machinery which were required to meet the developmental
requirements of country. In the composition of export; country sells agricultural products
such as tea, spices, and other raw materials. However, with the industrialization of the
financial system, compositions of exports changed. Currently, India exports products such as
machinery chemicals and marine products. This may enhance the fiscal condition of India.
BIBLIOGRAPHY
The information presented in this project has been collected from the following textual
sources1. Mathur Vibha, FOREIGN TRADE, Export-Import policy and trade Agreements , New
Century Publications, 3RD edition ,2012
2. Mathur Vibha ,Foreign Trade Policy and Trends in India , Neha Publishers and
Distributors,2nd Edition, 2009
3. Jain R.K, Foreign Trade Policy, Centax Publications, 5th Edition,2014
4. Jain R.K, Foreign Trade Policy Input-Output Norms, Centax publications, 2ND
edition, 2013
The information presented in this project has been taken from the following web sources1.
2.
3.
4.
www.worldbank.org
www.nbaindia.org
www.dgft.gov.in
www.commerce.nic.in
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