Each country has its regulations and laws governing the import and export of goods, including restrictions and prohibitions on certain items.
In India, the Central Board of Indirect Taxes and Customs (CBIC) has published an official list of prohibited and restricted items that cannot be imported into or exported out of the country.
I am Supriya Gill, a lawyer and this article provides an overview of the prohibited goods in Indian customs, the potential consequences of attempting to import or export these items, and the relevant regulations and procedures that must be followed to engage in international trade in India.
Prohibited goods are items that are banned by law from being imported or exported from a country, as they can pose various risks such as social, health, environmental, wildlife or security problems. Prohibited items in India include items such as weapons, drugs, hazardous waste, counterfeit goods, and protected wildlife species, among others.
To know more, read the full article.
What are Prohibited goods?
Prohibited goods are items that are banned by law from being imported or exported from a country. These goods can pose various risks such as social, health, environmental, wildlife or security problems, and can include items such as weapons, drugs, hazardous waste, counterfeit goods, and protected wildlife species, among others.
The Central Board of Indirect Taxes and Customs (CBIC) of the Indian Government has published an official list of prohibited and restricted items that cannot be imported into or exported from the country.
Prohibited items in India include wildlife products, fake currency notes, antiquities, counterfeit and pirated goods and goods infringing any of the legally enforceable intellectual property rights, firearms and ammunition, narcotic drugs and psychotropic substances, and maps and literature where Indian external boundaries have been shown incorrectly.
Restricted items include importing gold and silver, currency under the above-prescribed limits, plants and their products, endangered species of plants and animals (whether alive or dead), goods for commercial purposes, live birds and animals including pets, drones, satellite phones, and radio transmitters not approved for normal usage.
Prohibited items found during customs inspections are usually confiscated and either destroyed or disposed of in a safe manner, in accordance with applicable laws and regulations.
Customs officials may simply seize and destroy the prohibited item on the spot or hold onto it for a period of time to allow the individual to provide additional documentation or justification for its importation.
However, attempting to bring prohibited items through customs can have serious legal consequences, including fines, imprisonment, and even deportation in some cases.
List of Prohibited Items by Indian Customs
The most recent edition of the Official Travellers Guide, which has been published by the Central Board of Indirect Taxes and Customs (CBIC) of the Indian Government, identifies the following items as being prohibited goods:
- Wildlife products
- Fake currency notes
- Antiquities
- Counterfeit and pirated goods and goods infringing any of the legally enforceable intellectual property rights
- Firearms and ammunition
- Narcotic drugs and psychotropic substances
- Maps and literature where Indian external boundaries have been shown incorrectly, in view of the Government of India
- Wildlife products
- Specified live birds and animals
- Bones, horn cones & parts thereof, not crushed: of wild animals.
- Degras
- Imitation lard of animal origin.
- Articles of apparel and clothing accessories of wild animals covered under the Wild Life Protection Act, 1972.
- Other enzymes; prepared enzymes not elsewhere specified or included.
List of Restricted Items by Indian Customs
Importation of these goods is subject to specific permits and potential Customs duty fees, and the quantity that can be imported may be restricted.
Individuals who are relocating permanently to India after residing abroad for a certain period of time can utilize the Transfer of Residence (TR) facility to import a portion of their belongings.
The restricted items are:
- Importing Gold and Silver, other than ornaments
- Currency above prescribed limits
- Plants and their produce e g fruits, seeds
- Endangered species of plants and animals, whether alive or dead
- Any goods for commercial purposes for profit, gain, or commercial usage
- Firearms and ammunition
- Live birds and animals including pets
- Drones
- Satellite phones
- Radio transmitters not approved for normal usage
What happens to prohibited items in customs?
Prohibited items that are found during customs inspections are usually confiscated and either destroyed or disposed of in a safe manner, in accordance with applicable laws and regulations.
In some cases, customs officials may simply seize and destroy the prohibited item on the spot. For example, if individual attempts to bring in illegal drugs or weapons, the customs officials will confiscate the item and hand it over to the relevant law enforcement agency for further action.
In other cases, customs officials may hold onto the prohibited item for a period of time to allow the individual to provide additional documentation or justification for its importation. However, if the individual is unable to provide sufficient justification or if the item is deemed to pose a threat to public health or safety, it will likely be confiscated and destroyed.
Consequences of attempting to import or export prohibited goods
Attempting to import or export prohibited goods can have serious consequences, both legal and financial. Here are some of the consequences:
- Seizure of Goods: Customs officials have the authority to seize any prohibited goods that they find during inspections. The goods may be confiscated and destroyed, or they may be retained pending legal proceedings.
- Legal Penalties: Importing or exporting prohibited goods is a criminal offence under the Customs Act, 1962. The penalties for such offences can include fines, imprisonment, or both. The severity of the penalty depends on the nature of the offence, the value of the goods, and other factors.
- Temporary detention of baggage: If a passenger voluntarily declares an item that is subject to duty or prohibited from import, the customs officer has the authority to temporarily seize the item and return it to the passenger upon their departure from India. If the passenger is unable to retrieve the item upon departure from India, the article can be returned to them either in their name through another departing passenger, or as cargo consigned in their name.
Import/Export Restrictions and Prohibitions in India
To avoid legal consequences, it is essential for importers and exporters, as well as individuals engaged in international trade, to have a comprehensive understanding of the Customs Act of 1962, the Foreign Trade Policy, and other relevant allied Acts.
Failure to comply with restrictions or requirements imposed on the import or export of specific products can result in penalties under the aforementioned laws enforced by the Customs Department. It is therefore crucial that before initiating any imports or exports, all parties involved must be aware of the necessary prohibitions, limitations, and requirements.
In the context of importing and exporting, certain goods fall under absolute prohibition while others require licenses and/or are subject to restrictions.
For instance, some products must comply with the Indian Quality Standards (IQS), and exporters of these products to India must register with the Bureau of Indian Standards (BIS). Failure to meet these standards will result in the products being forbidden for importation, with packaged items being confiscated if any of the standards are not met.
The Customs Act of 1962, Section 11, empowers the Central Government to issue notifications, declaring the export or import of any items as forbidden, either unconditionally or conditionally, for various reasons, such as ensuring India’s security, preventing shortages of goods, conserving foreign exchange, and maintaining the balance of payments.
Violation of any ban imposed under the Customs Act or any other legislation in force, whether in the import or export of any items, can result in forfeiture under Sections 111(d) and 113(d) of the Customs Act.
Importing goods improperly is punishable under Section 112, while exporting improperly is punishable under Section 114 of the same Act.
In the case of restricted goods, the adjudicating officer may impose a penalty of up to five times the commodity’s value. Hence, traders must be aware of any prohibitions or restrictions before considering importing or exporting any goods.
Other Acts and rules that impose restrictions or prohibitions
Several other acts and rules also apply to impose restrictions or prohibitions, including:
1. The Prevention of Food Adulteration Act, 1954 and the Food Safety and Standards Authority Act, 2006
Any product that does not meet the legislative requirements is not authorized to be imported into the country, according to the Prevention of Food Adulteration Act of 1954 (PFA).
Similarly, the government has produced many laws, regulations, orders, notifications, and other documents outlining the procedures for dealing with imports of the aforementioned products.
In addition, the Food Safety and Standards Authority Act of 2006 (FSSA) aims to replace many existing laws, notably the PFA Act, which governs the import of edible goods. The FSSAI was formed to set standards and regulate/monitor food manufacturing, import, processing, distribution, and sale.
2. Labelling of the goods imported into India
A government notification from the year 2000 requires that commodities falling under the scope of the 1977 Standards of Weights and Measures (Packaged Commodities) Rules and imported into India must be labelled accordingly.
Compliance with these labelling standards must be verified before an import consignment of such items is cleared by Customs for home consumption, as per the notification.
3. The Livestock Importation Act, 1898
The import of livestock and livestock products is governed by the Livestock Importation Act of 1898.
The Act and the notifications/orders issued under it aim to regulate the import of such products to prevent any adverse effects on the human and animal health populations in the country. The Act’s purpose is to restrict the import of livestock products in a manner that ensures public safety.
4. Standards of Weights and Measures (Packaged Commodities) Rules, 1977
All packaged products imported into India that fall under the purview of the Standards of Weights and Measures (Packaged Commodities Rules, 1977), when produced, packaged, or marketed in the domestic market, must adhere to all provisions of the aforementioned rules.
It is mandatory to verify compliance with these regulations before the import consignment of such commodities is cleared by Customs for domestic consumption.
5. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945
Rule 133 of the Drugs and Cosmetics Rules, 1945 stipulates that cosmetics can only be imported into India through the designated points of entry specified in Rule 43A of the same rules.
Moreover, certain categories of drugs are exempt from the limitations imposed by Chapter III of the Drugs and Cosmetics Act, 1940, as per Schedule “D” of the said rules, as interpreted in conjunction with Rule 43.
6. Import of Hazardous Substances
The import of hazardous waste into India is regulated by the Hazardous Wastes (Management and Handling) Amendment Rules, 1989.
Additionally, regardless of the ITC (HS) Classifications of Export and Import Items, the import of hazardous waste or substances containing or contaminated with hazardous waste, as per the definition provided in Schedule 8 of the said rules, is prohibited.
Conclusion
It is essential to comply with the regulations and laws governing the import and export of goods, including restrictions and prohibitions on certain items.
India, like many other countries, has a list of prohibited and restricted items that cannot be imported or exported. Engaging in international trade requires a thorough understanding of the relevant regulations and procedures.
Attempting to import or export prohibited goods can result in severe consequences, such as confiscation, fines, and legal penalties. It is crucial to seek guidance from customs officials or experts in international trade to ensure compliance with all regulations and avoid potential legal or financial issues.
By following the rules and regulations set by the Central Board of Indirect Taxes and Customs, traders can conduct their business safely and efficiently in India.
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