GOVERNMENT
OF THE PEOPLE’S REPUBLIC OF BANGLADESH
MINISTRY
OF COMMERCE
ORDER
Date:
05-09-1419 BS/19-12-2012 A.D
No. S.R.O. 411-Ain/2012- In exercise of
the powers conferred by section 3(1) of the Imports and Exports (Control) Act.
1950 (Act XXXIX of 1950), the Government is pleased to make and issue the
following order.
CHAPTER ONE
Prelude
1. Short Title, Application, Duration, etc.-
(1)
This Order may be called the Import
Policy Order, 2012-2015.
(2)
Unless otherwise specified, this Order
shall apply to all imports into Bangladesh.
(3)
It shall come into force immediately and
shall remain in force up to 30th June, 2015:
However,
it will remain in force after the expiry of the validity until the new Import
Policy
Order is issued.
(4)
Notwithstanding anything contained in
this Order, any notification, circular or order issued time to time by the
government regarding import under Finance Act or any other law which does not
conform this import policy, shall have preference over this Order.
2. Definitions.
-–
In this order, unless there is anything repugnant to the subject or context---
(1)
‘Entre-port Trade’ means such trade in case
of which imported goods could be
exported to a third country at a price minimum 5% higher without
changing quality, quantity or shape and without allowing the said goods to be
brought out side the port area but can
be carried, with the permission of the Ministry of Commerce, from one port to another port for
the purpose of exports.
(2)
“Act” means, The Imports and Exports
(Control) Act, 1950 (Act,XXXIX of 1950) ;
(3)
“Importer” means the ‘Importer’ as defined in
article 2(f) of Importers, Exporters and
Indentors (Registration) Order,1981;
(4)
“Import Control Authority” means the Chief
Controller of Imports and Exports and
includes any other authorized officer to issue licenses, permits or
registration certificates as per the
relevant provisions of the Act and
rules & orders issued under
this Act.;
(5)
“Basis of Imports” means percentage, rate or
formula adopted for determining the
share of a registered importer;
(6)
“Import value” means CFR value of imported
goods for entre port trade or re export ;
(7)
“Indentor” means an indentor as defined in
article 2(g) of the Importers, Exporters
and Indentors (Registration) Order,1981;
(8)
H.S. Code Number means the H.S. Code comprising
eight or more digits pertaining to
classification of commodities;
(9)
“L/C” or Letter of Credit means letter of
credit opened for the purpose of import
under this Order;
(10) “L/C
Authorization Form (LCA)” means the form prescribed for authorization of opening of L/C;
(11) “Clearing
and Forwarding Agent (C&F Agent)” or
“Freight Forwarder (FF)” means a
person or an organization acting as C&F agent or as F.F.:
Provided that such person or organization must
possess TIN and all activities of the
mentioned organization must be computerized.
(12) ”Food
Products” means food products fit for human consumption directly or after processing.
(13) “Registered
Importer” means an importer registered under the Importers, Exporters and indentors (Registration) Order,
1981;
(14) “Controlled
list“ means the list of items, import of which is controlled and given in the table of annexure-1;
(15) “Goods”
means the list of goods specified in the First Schedule of Customs Act, 1969 (Act No.IV of 1969);
(16) “Annexure”
means an annexure appended to this order;
(17) ”Permit”
means an authorization for Import and Export, and includes import permit, clearance permit, import permit on
returnable basis, export permit or
export-cum-import permit as the case may be issued by Import Control
Authority.
(18) The
“Sponsor" means Board of Investment (BOI) or Bangladesh Export Processing Zones Authority (BEPZA) or Bangladesh
Economic Zones Authority (BEZA) or BSCIC
or Bangladesh Handloom Board in case of handloom industries run by Weaver’s Association;
(19) “Re-export”
means export of any imported item within specific period with at least 10% value addition to the import value
after reprocessing the said imported
item locally by changing either its quality or shape or both;
(20) “Actual
user” means a person, group of persons, institution, body or organization, other than registered
importers, who may import a permissible item
(not being an industrial raw material requiring further processing
before being used or consumed) in
limited quantity for his or its own use or consumption and not for sale or transfer;
(21) “Chief
Controller” shall have the same meaning as given in section 2(a) of the Imports and Exports (Control) Act, 1950.;
(22) “Expatriate
Bangladeshi” means foreign exchange earning Bangladeshi citizens working/living abroad;
(23) “Commercial
importer” means an importer registered under the Importers, Exporters and Indentors (Registration)
Order,1981 who imports goods for sale
without re-processing ;
(24) “Fish
or Livestock or Bird’s feed” means feeds which are directly imported as feed or used as Fish or Livestock or Bird
after processing;
(25) “Importer
for lease financing” means an importer registered, as special case, under the Importers, Exporters and Indentors
(Registration) Order, 1981 approved by
the Government for provision of lease financing to the industrial, energy, mining, agricultural, construction,
transport and professional service
sector;
(26) “Industrial
consumer” means industrial unit registered as an Industrial importer under the Importers, Exporters and Indentors
(Registration) Order, 1981 which is 100%
Bangladeshi industrial unit and a foreign investor registered with
relevant sponsoring authority ;
(27) “Public
sector importer” means importers being government organizations or institutes, statutory bodies, corporations
and public universities; and
(28) “Plant
and Plant product” means plant species or products originates from plant or live and dead portion of plant with seeds,
reproductive of plant source, Germplasm,
processed or unprocessed source of plant which for their characteristics or for the process able to carry, transmit and spread
diseases and packing materials and
cotton.