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Indian Enforcement System for Strategic Trade Management

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Global Strategic Trade Management
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Abstract

If there are best practices for licensing, there are also for enforcement. India is adjusting its enforcement system for strategic trade control. The Customs is the nodal agency for the enforcement of strategic trade control in India even if a number of government departments and agencies are involved in the enforcement of the trading of special chemicals, organisms, materials, equipment and technology (SCOMET) items. The Indian system is evolving and is learning important lessons from other systems. Similarly, it has also learnt lessons from the experiences from its own system. The Customs is continuously adopting several global best practices and some of the procedures have entered into its operational manual through the World Customs Organization. Other enforcement agencies have also been supporting the task of the Customs. The information generated by licensing agencies and other intelligence agencies seems to be enriching the database which is used by enforcement agencies. India has devised a Risk Management system which is improved by the information provided by various sources. Specialised units are coming in different agencies and departments for strategic trade enforcement. The Indian legal system prosecutes violators. India’s volume of export of controlled items is still low, and the cases of violation are also low. The increase in the volume of exports may put pressure on the enforcement machinery to gear itself to meet new and specialised challenges.

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Notes

  1. 1.

    For example, Srivastava and Gahlaut (2003).

  2. 2.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015).

  3. 3.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015).

  4. 4.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018c).

  5. 5.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018c).

  6. 6.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018c).

  7. 7.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015).

  8. 8.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 5.

  9. 9.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018a).

  10. 10.

    Government of India, Custom Excise and Service Tax Appellate Tribunal (2018).

  11. 11.

    Government of India, Central Bureau of Investigation (2018a).

  12. 12.

    Government of India, Central Bureau of Investigation (2018b).

  13. 13.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 1.

  14. 14.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 173.

  15. 15.

    Government of India, Ministry of Finance, Department of Revenue (2015).

  16. 16.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 6.

  17. 17.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2010b).

  18. 18.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 6.

  19. 19.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), pp. 31–32.

  20. 20.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018d), Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2017) and Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2013).

  21. 21.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2011).

  22. 22.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2007).

  23. 23.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (1995).

  24. 24.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 16.

  25. 25.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2007).

  26. 26.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), pp. 74–75.

  27. 27.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2018b).

  28. 28.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2010), Government of India, Office of the Commissioner of Customs (Export) Jawaharlal Nehru Custom House, Nhava Sheva (2011).

  29. 29.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2010a).

  30. 30.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2010) and Government of India, Office of the Commissioner of Customs (Export) Jawaharlal Nehru Custom House, Nhava Sheva (2011).

  31. 31.

    Government of India, Ministry of Finance, Goods and Service Tax Commissionerate (2018).

  32. 32.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2006).

  33. 33.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), pp. 118–119.

  34. 34.

    Government of India, Ministry of Finance (2013).

  35. 35.

    Government of India, Ministry of Finance (2013).

  36. 36.

    Government of India, ICEgate, Customs National Trade Portal (2018).

  37. 37.

    Government of India, Ministry of Finance (2013).

  38. 38.

    Government of India, Ministry of Finance, Office of the Commissioner of Customs House: Vishakhapatnam (2013).

  39. 39.

    Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (2017).

  40. 40.

    Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (2017).

  41. 41.

    Interview with senior Customs officials.

  42. 42.

    Interview with senior Indian Customs officials.

  43. 43.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2011).

  44. 44.

    Government of India, Ministry of Finance, Office of the Commissioner of Customs House: Vishakhapatnam (2013).

  45. 45.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 18.

  46. 46.

    Government of India, Directorate of Revenue Intelligence (2018b).

  47. 47.

    Interactions with Directorate of Revenue Intelligence senior officials.

  48. 48.

    Government of India, Directorate of Revenue Intelligence (2018a).

  49. 49.

    Federation of Indian Chambers and Commerce and Industry (2018).

  50. 50.

    Directorate of Revenue Intelligence (2018a).

  51. 51.

    Interview with DRI officials.

  52. 52.

    Directorate of Revenue Intelligence (2018a).

  53. 53.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (Anti-Smuggling Unit) (2015).

  54. 54.

    For example, World Customs Organisation (2015b).

  55. 55.

    World Customs Organisation (2014).

  56. 56.

    World Customs Organisation (2014).

  57. 57.

    World Customs Organisation (2015a).

  58. 58.

    World Customs Organisation Operation (2018).

  59. 59.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 18 and Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2018).

  60. 60.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (2015), p. 18 and Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2018).

  61. 61.

    Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs (2002).

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Correspondence to Rajiv Nayan .

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Nayan, R. (2019). Indian Enforcement System for Strategic Trade Management. In: Global Strategic Trade Management. Springer, New Delhi. https://doi.org/10.1007/978-81-322-3926-0_8

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