India

Global sanctions guide

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  1. Does India have a sanctions regime in place?

Yes. India has economic sanctions in place targeting Iraq, Iran, Somalia and North Korea.

  1. Does India implement UN sanctions?

Yes, the Indian Government may implement UN sanctions

  1. Does India implement an autonomous sanctions regime?

No.

  1. What is the nature of the sanctions regime in India?

Sanctions imposed by the UN may be implemented by the Indian Government through notifications.

The most frequently applied measures in India are: arms embargoes; embargoes on nuclear related and ballistic missile related materials; or embargoes on other UN-specified goods or materials.

  1. Does India maintain a list of sanctioned individuals and entities?

Yes, the Indian sanctions regime targets individuals and entities that have been listed by the UN, namely in the Al-Qaeda Sanctions List and the Taliban Sanctions List.

  1. Are there any other lists related to sanctions?

No.

  1. Does India have a licensing or authorisation system in place?

Yes. The Foreign Trade Policy (“FTP”) and certain other sector-specific regulations restrict or regulate the import and/or export of certain goods and/or services and require that such export or import may be made in accordance with an authorisation, permission or licence granted by the Director General of Foreign Trade (“DGFT”) or the relevant regulator.

  1. What are the consequences for a breach of sanctions in India?

Where any person attempts, makes or abets the carrying out of any import or export in contravention of the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (the “Act”) and the FTP, that person will be liable to a penalty of not less than INR 10,000 and not more than five times the value of the goods or services or technology in respect of which any contravention is made or attempted to be made, whichever is more. The person may also be liable to a penalty under the Customs Act 1962 which includes imprisonment.

Without prejudice to any other penalty which may be imposed, in the case of a contravention relating to specified goods, services or technologies (as defined in the Act), the penalty will be in accordance with the provisions of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act 2005, which includes imprisonment.

  1. Who are the relevant regulators in India and what are their contact details?

The DGFT, within the Ministry of Commerce and Industry of the Indian Government, is responsible for advising the Indian central government on the formulation of the FTP, which stipulates the sanctions regime in India. The DGFT is also responsible for carrying out the FTP and implementing the provisions of the Act. Further, in all matters relating to the interpretation of the FTP, the decision of the DGFT is final and binding.

Udyog Bhawan, H-wing,
Gate No-02, Maulana Azad Road,
New Delhi-110011

T: (+91) 23061562  / (+91) 23063734 (DGFT HQ Helplines)
E: dgft@nic.in
http://dgft.gov.in/

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