Providing documents sought by investigating agencies like CBI, ED, DRI, etc.

Last updated: 09 December 2020

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This circular updates the procedure for Regional Authorities (RAs) regarding requests for documents from investigating agencies like the CBI, ED, and DRI. Previously, RAs needed headquarters' approval to hand over cases for investigation. Now, Heads of Regional Authorities can directly decide whether to provide requested documents, streamlining the process and avoiding delays. Documents should be provided in writing with proper receipts, and RAs must retain copies. If a Head of Office believes documents should not be handed over, they must refer the case to the ECA Division at Headquarters with clear reasons.

Government of India
Ministry of Commerce & Industry
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi- 110011.

Dated:- 7 December, 2020.

ECA Circular No. 36/2015-20

All Regional Authorities

Subject: Providing documents sought by investigating agencies like CBI, ED, DRI, etc.

Attention is drawn to ECA Circular No. 3/1999-2000 dated 10th January, 2000 and OM No.11/2004 dated 26th July, 2004 whereby it has been stated that the RAs would hand over the cases to the investigating agencies with the prior approval of Headquarters. This arrangement was prescribed to ensure that only deserving cases are sent for investigation. No permission was required to handover the documents as asked for by the investigating agencies where our offices are not making any reference for investigation.

2. This Directorate has been regularly receiving references from the Regional Authorities seeking permission to hand over documents/copies of documents to the external investigating agencies. Making such references to Headquarters delay the handing over of documents and consequentially result in delays in the investigations. Therefore, it has been decided that whenever a request for documents is received from an investigating agency, Head of the Regional Authority may decide the same keeping in view facts and circumstances of the case.

3. RAs should provide the requisite records to the investigating agency against a request in writing, under proper receipt, recording name and designation of the receiver. A copy of official ID of the receiving officer should also be kept in record. RA Should also keep copies of the record being handed over.

4. If, for any reason, Head of Office is of the view that the requisite documents should not be handed over, he shall make a reference to the ECA Division of Hqrs. clearly bringing out the reasons for such refusal.

Abhijit Bakshi
Jt. Director General of Foreign Trade
Tel. No. 23062220
E-mail: abhjit.bakshi@nic.in

(F. No. 10/181/HQ/19-20/ECA-II)/674

FAQ :

Previously, Regional Authorities (RAs) needed headquarters' approval to hand over documents to investigating agencies. Now, Heads of Regional Authorities can directly decide on these requests.

The circular mentions agencies such as the CBI, ED, and DRI.

The change aims to expedite the process of providing documents to investigating agencies and avoid delays in investigations.

RAs should provide the documents in writing, obtain a proper receipt, record the name and designation of the receiver, and keep a copy of the official ID of the receiving officer and the record being handed over.

If the Head of Office believes the documents should not be provided, they must refer the matter to the ECA Division of Headquarters, clearly stating the reasons for refusal.

Notification No : ECA Circular No. 36/2015-20
Source : https://content.dgft.gov.in/Website/dgftprod/e150c239-a30e-4d71-8b66-2b363527ba28/D674.pdf

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