For purpose of FTP, unless context otherwise requires, thefollowing words and expressions shall have the followingmeanings attached to them:-

9.01

"Accessory" or "Attachment" means apart, sub-assembly orassembly thatcontributes to efficiency or effectiveness of a pieceof equipment without changing its basic functions.

9.02

"Act" means Foreign Trade (Development and Regulation) Act, 1992 (No.22 of 1992) [FT (D&R) Act] as amended from time toTime.

9.03

“Actual User” is a person (either natural & legal) who isauthorized to use imported goods in his/its own premise whichhas a definitive postal address.

(a) "Actual User (Industrial)" is a person (either natural &legal) who utilizes imported goods for manufacturing inhis own industrial unit or manufacturing for his own usein another unit including a jobbing unit which has adefinitive postal address.

(b) "Actual User (Non-Industrial)" is a person (either natural &legal) who utilizes the imported goods for his own use in. 

(i) any commercial establishment, carrying on any business,trade or profession, which has a definitive postal address;or

(ii)any laboratory, Scientific or Research andDevelopment(R&D) institution, university or othereducational institution or hospital which has a definitivepostal address; or

(iii) Any service industry which has a definitive postaladdress.

9.04

"AEZ" means Agricultural Export Zones notified by DGFT inAppendix 2V of Appendices and Aayat Niryat Forms.

9.05

“Appeal” is an application filed under section 15 of the Act andincludes such applications preferred by DGFT officials ingovernment interest against decision by designatedadjudicating/appellate authorities.

9.06

"Applicant" means person on whose behalf an application is

made and shall, wherever context so requires, includes person

signing the application.

9.07

“Authorisation” means permission as included in Section 2(g) ofthe Act to import or export as per provisions of FTP.

9.08

"Capital Goods" means any plant, machinery, equipmentoraccessoriesrequired for manufacture or production, eitherdirectly or indirectly, of goods or for rendering services,including those required for replacement, modernisation,technological up-gradation or expansion. It includes packagingmachinery and equipment, refrigeration equipment, powergenerating sets, machine tools, equipment and instruments fortesting, research and development, quality and pollution control.Capital goods may be for use in manufacturing, mining,agriculture, aquaculture, animal husbandry, floriculture,horticulture, pisciculture, poultry, sericulture and viticulture aswell as for use in services sector.

9.09

"Competent Authority" means an authority competent to exerciseany poweror to discharge any duty or function under the Actorthe Rules and Orders made there under or under FTP.

9.10

"Component" means one of the parts of a sub-assembly orassembly of which a manufactured product is made up and intowhich it may be resolved. A component includes an accessory orattachment to another component.

9.11

"Consumables" means any item, which participates in or isrequired for a manufacturing process, but does not necessarilyform part of end-product. Items, which are substantially or totallyconsumed during a manufacturing process, will be deemed to be

consumables.

9.12

"Consumer Goods" means any consumption goods, which candirectly satisfy human needs without further processing andincludes consumer durable sand accessories thereof.

9.13

"Counter Trade" means any arrangement under whichexports/imports from /to India are balanced either by directimports/exports from importing/exporting country or through athird country under a Trade Agreement or otherwise.Exports/Imports under Counter Trade may be carried outthrough Escrow Account, Buy Back arrangements, Barter tradeor any similar arrangement. Balancing of exports and importscould wholly or partly be in cash, goods and/or services.

9.14

"Developer" means a person or body of persons, company, firmand such other private or government undertaking, whodevelops, builds, designs, organises, promotes, finances,operates, maintains or manages a part or whole of infrastructureand other facilities in SEZ as approved by Central Governmentand also includes a co- developer.

9.15

"Development Commissioner" means DevelopmentCommissioner of SEZ

9.16

"Domestic Tariff Area (DTA)" means area within India which isoutside SEZs and EOU/ EHTP/STP/BTP.

9.17

Deleted

9.17A

“e – commerce” forthepurposeoMerchandiseExportsfromIndiaScheme(MEIS) under Foreign Trade Policy (2015-20)(FTP) shall mean the export of goods hosted on a websiteaccessible through the internet to a purchaser. While the dispatchof goods shall be made through courier or postal mode, asspecified under the MEIS, the payment for goods purchased on ecommerceplatform shall be done through international credit/debit cards and as per the Reserve Bank of India Circular(RBI/2015-16/185) [A.P.( DIR Series) Circular No. 16 datedSeptember 24, 2015.] as amended from time to time.

9.18

"EOU" means Export Oriented Unit for which a letter of permithas been issued by Development Commissioner.

9.19

"Excisable goods" means any goods produced or manufacturedin India and subject to duty of excise under Central Excise andSalt Act 1944(1of 1944).

9.20

“Export” is as defined in FT (D&R) Act, 1992, as amended fromtime to time.

9.21

"Exporter" means a person who exports or intends to export andhold san IEC number, unless otherwise specifically exempted.

9.22

"Export Obligation" means obligation 6 to export product orproducts covered by Authorisation or permission in terms ofquantity, value or both, as may be prescribed or specified byRegional or competent authority.

9.23

“Free” as appearing in context of import/export policy for itemsmeans goods which do not need any ‘Authorisation’/ License orpermission for being imported into the country or exported out.

9.24

“FTP” means the Foreign Trade Policy which specifies policy forexports and imports under Section 5 of the Act.

9.25

“Import” is as defined in FT (D&R) Act, 1992 as amended fromtime to time.

9.26

"Importer" means a person who imports or intends to importand holds an IEC number, unless otherwise specificallyexempted.

9.27

ITC (HS) refers to Indian Trade Classification (HarmonizedSystem) at 8 digits.

9.28

"Jobbing" means processing or working upon of raw materials orsemi-finished goods supplied to job worker, so as to complete apart of process resulting in manufacture or finishing of an articleor any operation which is essential for aforesaid process.

9.29

"LicensingYear"meansperiodbeginningonthe1st April of a yearand ending on the 31st March of the following year.

9.30

.

"Managed Hotel" means hotels managed by a three star or above hotel/ hotel chain under an operating management contract for aduration of at least three years between operating hotel/ hotelchain and hotel being managed. Management contract mustnecessarily cover the entire gamut of operations/management ofmanaged hotel.

9.31

"Manufacture" means to make, produce, fabricate, assemble,process or bring into existence, by hand or by machine, a neproduct having a distinctive name, character or use and shallinclude processes such as refrigeration, re-packing, polishing,labelling, Re-conditioning repair, remaking, refurbishing, testing,calibration, re-engineering.Manufacture, for the purpose of FTP, shall also includeagriculture, aquaculture, animal husbandry, floriculture,horticulture, pisciculture, poultry, sericulture, viticulture andmining.

9.32

"Manufacturer Exporter" means a person who exports goodsmanufactured by him or intends to export such goods.

9.33

“Merchant Exporter” means a person engaged in trading activityand exporting or in tending to export goods.

9.34

“NC” means the Norms Committee in the Directorate Generalof Foreign Trade for approval of adhoc input –output norms incases where SION does not exist and recommend SION to benotified in DGFT.

9.35

"Notification" means a notification published in Official Gazette.

9.36

"Order" means an Order made by Central Government under theAct.

9.37

"Part" means an element of a sub-assembly or assembly notnormally useful by itself, and not amenable to furtherdisassembly for maintenance purposes. Apart may be acomponent, spare or an accessory.

9.38

"Person" means both natural and legal and includes anindividual, firm, society, company, corporation or any other legalperson including the DGFT officials.

9.39

"Policy" means Foreign Trade Policy (2015-2020 ) as amendedfrom time to time.

9.40

"Prescribed" means prescribed under the Actor the Rules orOrders made there under or under FTP.

9.41

“Prohibited” indicates the import/export policy of an item, asappearing in ITC (HS) or elsewhere, whose import or export is

not permitted.

9.42

"Public Notice" means a notice published under provisions ofparagraph2.55 of FTP

9.42A

“Project Exports” refers to export of engineering goods ondeferred payment terms and execution of turnkey projects andcivil construction contracts abroad collectively.Project Exports would encompass

(i) Civil constructioncontracts;

(ii) Turnkey Engineering contracts including supply of

Capital Goods on deferred payment terms;

(iii) Process andEngineering Consultancy Services; and

(iv) Project Constructionitems (excluding Steel and Cement).

9.43

“Quota” means the quantity of goods of a specific kind that ispermitted to be imported without restriction or imposition ofadditional Duties.

9.44

"Raw material" means input(s) needed for manufacturing ogoods. These inputs may either be in araw/natural/unrefined/unmanufactured or manufactured state..

9.45

"Regional Authority" means authority competent to grant anAuthorisation under the Act/Order.

9.46

"Registration-Cum-Membership Certificate"(RCMC) meanscertificate of registration and membership granted by an ExportPromotion Council/Commodity Board/Development Authority orother competent authority as prescribed in FTP or Handbook ofProcedure.

9.47

“Restricted” is a term indicating the import or export policy of anitem, which can be imported into the country or exportedoutside, only after obtaining an Authorisation from the offices ofDGFT.

9.48

"Rules" means Rules made by Central Government under Section19 of the FT (D&R) Act.

9.49

“SCOMET” is the nomenclature for dual use items of SpecialChemicals, Organisms, Materials, Equipment and Technologies(SCOMET). Export of dual-use items and technologies underIndia’s Foreign Trade Policy is regulated. It is either prohibited oris permitted under an Authorisation.

9.50

"Services" include all tradable services covered under GeneralAgreement on Trade in Services (GATS) and earning free foreignexchange.

9.51

"Service Provider" means a person providing:

 (i) Supply of a ‘service’ from India to any other country;    (Mode1- Cross border trade) 

   (ii) Supply of a ‘service’ from India to service consumer(s)of   any other country in India; (Mode 2-Consumption abroad)  

 (iii)Supply of a ‘service’ from India through commercial   presence in any other country. (Mode 3 – Commercial    Presence.)

   (iv)Supply of a ‘service’ from India through the presence o  natural persons in any other country (Mode 4- Presence of   natural persons.)

9.52

"Ships" mean all types of vessels used for seaborne trade orcoastal trade, and shall include second hand vessels.

9.53

"SION" means Standard Input Output Norms notified by DGFT.

9.54

"Spares” means a part or a sub-assembly or assembly forsubstitution that is ready to replace an identical or similar partor sub- assembly or assembly. Spares include a component or anaccessory.

9.55

"Specified" means specified by or under the provisions of thisPolicy through Notification/Public Notice.

9.56

"Status holder" means an exporter recognized as One StarTrading House/ Two Star Trading House / Three Star TradingHouse/ Four Star Trading House/ Five Star Trading House byDGFT/Development Commissioner.

9.57

“Stores” means goods for use in a vessel or aircraft and includesfuel and spares and other articles of equipment, whether or notfor immediate fitting.

9.58

(a)  "Supporting Manufacturer" is one who manufactures    goods/products or any part/accessories/components of a    good/product for a merchant exporter or a manufacturer   exporter under a specific Authorisation.

 (b)   “Supporting Manufacturer” for the EPCG Scheme shall be  one in whose premises/factory Capital Goods imported  procured under EPCG Authorisation is installed.

9.59

State Trading Enterprises (STEs), for the purpose of this FTP,are those entities which are granted exclusive right/privilegesexport and /or import as per Para 2.20 (a) of FTP.

9.60

"Third-party exports" means exports made by an exporter ormanufacturer on behalf of another exporter(s). In such cases, export documents such as shipping bills shallindicate names of both manufacturer exporter/manufacturerand third party exporter(s). Bank Realisation Certificate (BRC),Self Declaration Form (SDF), export order and invoice should bein the name of third party exporter.

9.61

"Transaction Value” is as defined in Customs Valuation Rules ofDepartment of Revenue.

9.62

"Wild Animal" means any wild animal as defined in Section2 (36)of Wildlife (Protection) Act, 1972.