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Union of India - Section

Section 90 in The Arms Rules, 2016

90. Export of arms and ammunition.

(1)The authority granting a license in [Form X-A] [Substituted 'Form X' by Notification No. G.S.R. 1079(E), dated 1.11.2018 (w.e.f. 15.7.2016).] for export of arms or ammunition from any customs port in India to any port in a foreign territory shall send a copy of such license to the agent or master of the vessel or to the air carrier or the railway authority by which the arms or ammunition covered by the license are intended to be taken out of India and shall forthwith send a copy of the license to the licensing authority of the place, wherefrom the goods are to leave the Indian territory [further the export licence shall also be governed by the extant standard operating procedure issued by Department of Defence Production in the Ministry of Defence, from time to time] [Inserted by Notification No. G.S.R. 1079(E), dated 1.11.2018 (w.e.f. 15.7.2016).].
(2)Every application for the grant of a license for export of arms specified in category IV of the Schedule I, shall be accompanied by a certificate from the Director-General of Archeology of the Central Government to the effect that the arms intended to be exported do not fall within the definition of "antiquity" under the Antiquities and Art Treasures Act, 1972 (52 of 1972).
(3)The district magistrate having jurisdiction over the area out of which the goods to be exported are to cross the frontier of India may, in his discretion, require the licensee to produce the arms or ammunition for his inspection before allowing them to leave the area.
(4)An export license in [Form X-A] [Substituted 'Form X' by Notification No. G.S.R. 1079(E), dated 1.11.2018 (w.e.f. 15.7.2016).] shall be non-transferable and issued in three original copies.
(5)
(a)The first copy of the export license shall be returned to the issuing licensing authority within ten days of the date of export and which date must be duly certified by the Indian customs authorities;
(b)The second copy shall be returned to the issuing licensing authority within a period of ninety days after the export date stated on the export license, which must bear the signature, an official date and name stamp of the end user, to serve as a delivery verification certificate:
Provided that failure to comply with conditions specified in clause (a) and clause (b) shall result in suspension of all pending and future export transactions of the exporter till the time the said conditions are duly complied with.
(6)A one-time extension of validity of export license, for a period not exceeding three months, may be granted by the licensing authority if for any genuine reasons stated in the application, the export transaction could not be carried out within the stipulated time of the validity of the export license.
(7)Where the licensee fails to export within the validity of the export license, he shall return all the three copies of the export license in original to the issuing licensing authority along with the reasons for noncompliance of the said transaction.
(8)On completion of the export transaction, the exporter shall retain one original copy of the export license, bill of lading or airway bill, packing lists and export invoice pertaining to the firearms or ammunition so exported and shall produce the said documents whenever required to do so by the issuing licensing authority.