Circular No.52/2020-Customs dated 27.11.2020 issued by CBIC regarding Clarification on export of Gems and Jewelry through Courier mode.
The Central Board of Indirect Taxes & Customs has received representations from the Gems and Jewelry Export Promotion Council seeking clarification on whether gems and jewelry 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 export (Clearance) Regulations, 1998.
After examination of issue 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 ln 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”.
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.
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 jewelry through the courier mode.
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 jewelry under any other law for the time being in force will also apply.
