7. Importer-exporter Code Number.—No person shall make any import or export except under an
Importer-exporter Code Number granted by the Director General or the officer authorised by the Director
General in this behalf, in accordance with the procedure specified in this behalf by the Director General:
5
[Provided that in case of import or export of services or technology, the Importer-exporter Code
Number shall be necessary only when the service or technology provider is taking benefits under the
foreign trade policy or is dealing with specified services or specified technologies.]
1. Subs. by Act 25 of 2010, s. 4, for “import or export of goods” (w.e.f.27-8-2010).
2. Ins. by s. 4, ibid.(w.e.f.27-8-2010).
3. Subs. by s. 5,ibid., for section 5 (w.e.f.27-8-2010).
4. Subs. by s. 6, ibid., for “export and import policy” (w.e.f.27-8-2010).
5. Ins. by s. 7, ibid. (w.e.f.27-8-2010).
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8. Suspension and cancellation of Importer-exporter Code Number.—1
[(1) Where—
(a) any person has contravened any of the provisions of this Act or any rules or orders made
thereunder or the foreign trade policy or any other law for the time being in force relating to Central
excise or customs or foreign exchange or has committed any other economic offence under any other
law for the time being in force as may be specified by the Central Government by notification in the
Official Gazette; or
(b) the Director General or any other officer authorised by him has reason to believe that any
person has made an export or import in a manner prejudicial to the trade relations of India with any
foreign country or to the interests of other persons engaged in imports or exports or has brought
disrepute to the credit or the goods of, or services or technology provided from, the country; or
(c) any person who imports or exports specified goods or services or technology, in contravention
of any provision of this Act or any rules or orders made thereunder or the foreign trade policy,
the Director General or any other officer authorised by him may call for the record or any other
information from that person and may, after giving to that person a notice in writing informing him of the
grounds on which it is proposed to suspend or cancel the Importer-exporter Code Number and after giving
him a reasonable opportunity of making a representation in writing within such reasonable time as may be
specified in the notice and, if that person so desires, of being heard, suspend for a period, as may be
specified in the order, or cancel the Importer-exporter Code Number granted to that person.]
(2) Where any Importer-exporter Code Number granted to a person has been suspended or cancelled
under sub-section (1), that person shall not be entitled to 2
[import or export any goods or services or
technology] except under a special licence, granted, in such manner and subject to such conditions as may
be prescribed, by the Director General to that person.
9. Issue, suspension and cancellation of licence.—(1) The Central Government may levy fees,
subject to such exceptions, in respect of such person or class of persons making an application for
3
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] of in respect of any
3
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted or renewed in
such manner as may be prescribed.
4
[(2) The Director General or an officer authorised by him may, on an application and after making
such inquiry as he may think fit, grant or renew or refuse to grant or renew a licence to import or export
such class or classes of goods or services or technology as may be prescribed and, grant or renew or
refuse to grant or renew a certificate, scrip or any instrument bestowing financial or fiscal benefit, after
recording in writing his reasons for such refusal.]
(3) A 3
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted or
renewed under this section shall—
(a) be in such form as may be prescribed;
(b) be valid for such period as may be specified therein; and
(c) be subject to such terms, conditions and restrictions as may be prescribed or as specified in the
3
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] with reference to
the terms, conditions and restrictions so prescribed.
(4) The Director General or the officer authorised under sub-section (2) may, subject to such
conditions as may be prescribed, for good and sufficient reasons, to be recorded in writing, suspend or
cancel any 3
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] granted
under this Act:
1. Subs. by Act 25 of 2010, s. 8, for sub-section (1) (w.e.f.27-8-2010).
2. Subs. by s. 8, ibid., for “import or export any goods” (w.e.f.27-8-2010).
3. Subs. by s. 9, ibid., for “licence” (w.e.f.27-8-2010).
4. Subs. by s. 9, ibid., for sub-section (2) (w.e.f.27-8-2010).
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Provided that no such suspension or cancellation shall be made except after giving the holder of the
1
[licence, certificate, scrip or any instrument bestowing financial or fiscal benefits] a reasonable
opportunity of being heard.
(5) An appeal against an order refusing to grant, or renew or suspending or cancelling, a 1
[licence,
certificate, scrip or any instrument bestowing financial or fiscal benefits] shall lie in like manner as an
appeal against an order would lie under section 15.