Exports of Gems and Jewellery through Courier mode - reg.


Quick Summary
This circular clarifies that the existing regulations for courier imports and exports do not prohibit the export of gems and jewellery through the courier mode. Any restrictions mentioned in the regulations apply only to imports, not exports. Exporters should still adhere to all other applicable provisions for courier exports and any other relevant laws.

Circular No. 52/2020-Customs

F.No. 455/03/2020-Cus.V
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

************

Room No. 49, North Block.
New Delhi, dated the 27th November 2020

To,

All Principal Chief Commissioners/Chief Commissioners of Customs

All Principal Directors General/Directors General of Customs

All Principal Commissioners/Commissioner of Customs

Sub: Clarification on export of Gems and Jewellery through Courier mode-reg.

Madam/Sir,

Representations have been received from the Gems and Jewellery Export Promotion Council seeking clarification on whether gems and jewellery is allowed to be exported through courier under the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 as also the Courier Imports and Exports (Clearance) Regulations, 1998.

2. The issue has been examined. It appears that the doubt has arisen as Regulation 2(2)(a)(iv) of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 places a restriction on imports of precious and semi-precious stones, gold or silver in any form, through courier. The Regulation 2(2) (a) (iv) reads as “These regulations shall not apply to the following imported goods requiring testing of samples thereof or reference to the relevant statutory authorities or to experts before their clearance, namely precious and semi-precious stones, gold or silver in any form”.

2.1 Thus, the restriction imposed by Regulation 2(2)(a)(iv) on gems and jewellery is applicable only on their imports.

2.2. Similarly, the Courier Imports and Exports (Clearance) Regulations, 1998 place a restriction on imports of precious and semi-precious stones, gold or silver in any form and not on their exports.

3. In view of the above, it is clarified that the extant Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 and the Courier Imports and Exports (Clearance) Regulations, 1998, do not restrict exports of gems and jewellery through the courier mode.

4. The above clarification has to be read along with the other provisions applicable for exports through courier, such as those under Regulation 2(2) (b) and 2 (2) (c), of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 and under regulation 2 (2) of the Courier Imports and Exports (Clearance) Regulations, 1998 while allowing such exports. All extant provisions for export of gems and jewellery under any other law for the time being in force will also apply.

5. Difficulties in implementation of the Circular may be brought to the notice of the Board.

6. Hindi version follows.

FAQ :

No, the current Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010 and the Courier Imports and Exports (Clearance) Regulations, 1998 do not restrict the export of gems and jewellery through the courier mode.

The regulations place restrictions on the import of precious and semi-precious stones, gold, or silver in any form, but not on their export via courier.

The confusion arose from Regulation 2(2)(a)(iv) of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010, which was misinterpreted as applying to exports.

Exporters must read this clarification alongside other applicable provisions for courier exports, such as those under Regulation 2(2)(b) and 2(2)(c) of the Courier Imports and Exports (Electronic Declaration and Processing) Regulations, 2010, and Regulation 2(2) of the Courier Imports and Exports (Clearance) Regulations, 1998, as well as any other relevant laws.

 



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