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Section 8 of the Foreign Trade (Development and Regulation) Act, 1992: suspension and cancellation of the Importer-exporter Code Number

The Code can be suspended or cancelled on three grounds: contravening the Act, its rules or Orders, the foreign trade policy, or specified customs, excise or foreign exchange laws...

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Published
October 2, 2026
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Last updated: October 2026Verified against: Government sources

Section 8 lets the Director General, or an officer the Director General authorises, suspend or cancel an Importer-exporter Code Number, but only after written notice, a chance to answer in writing and, if the person wants it, a hearing. In 2010 sub-section (1) was substituted and now has three grounds. This article explains it as per the Act as enacted in 1992 read with the 2010 Amendment Act.

Section 8(1): who may act and on what grounds

The Director General "or any other officer authorised by him" may act where one of three conditions exists. The 2010 Act substituted sub-section (1); in 1992 only the Director General acted and there were two grounds.

GroundWhat the current text says
(a)The person has contravened any of the provisions of the Act, any rules or orders made under it, the foreign trade policy, or any other law relating to Central excise, customs or foreign exchange, or has committed any other economic offence under any other law as specified by the Central Government by notification in the Official Gazette
(b)The Director General or another authorised officer has reason to believe the person has made an export or import in a manner prejudicial to India's trade relations with any foreign country, or to the interests of other persons engaged in imports or exports, or has brought disrepute to the credit or the goods of, or services or technology provided from, the country
(c)The person imports or exports specified goods or services or technology in contravention of the Act, its rules or orders, or the foreign trade policy

What changed in 2010, point by point:

  • Ground (a) now covers contravention of the Act, rules, Orders and the foreign trade policy themselves. The 1992 version dealt only with Central excise, customs, foreign exchange and other specified economic offences.
  • Ground (b) now says "prejudicial" where the 1992 text said "gravely prejudicial", and extends to services and technology.
  • Ground (c) is new and ties to "specified" items, defined in section 2(l).

The text under ground (a) leaves the list of "other economic offence" to a notification; that notification is not in the sources consulted, so no offence is named here. The 2010 Act was brought into force by notification; the date is not in the sources consulted.

The procedure the section requires

Once a ground exists, the officer may "call for the record or any other information from that person" and may suspend or cancel only:

  1. after giving a notice in writing informing the person of the grounds on which suspension or cancellation is proposed;
  2. after giving a reasonable opportunity of making a representation in writing within the reasonable time specified in the notice; and
  3. if the person so desires, after giving an opportunity of being heard.

An order of suspension must specify a period ("suspend for a period, as may be specified in the order"). Cancellation has no period. Because the Code is the key to all trade under section 7, skipping these steps would be a serious flaw in the order.

Example: Sagar Impex receives a notice saying the Director General believes it has contravened a specified customs law. The notice lists the grounds and gives 15 days (an invented period) to reply in writing. Sagar replies and asks for a hearing. Only after the reply and the hearing can the officer decide to suspend for a stated period or cancel.

If your Code is under notice, or you need to correct details, an IEC modification and update check can help you see where you stand before replying.

Section 8(2): the special licence

Section 8(2), as amended, says that where a Code has been suspended or cancelled under sub-section (1), "that person shall not be entitled to import or export any goods or services or technology except under a special licence, granted, in such manner and subject to such conditions as may be prescribed, by the Director General to that person". The 2010 change added "or services or technology".

Rule 3 of the Foreign Trade (Regulation) Rules, 1993 supplies the conditions: the Director General may grant a special licence having regard to two factors, and it is non-transferable. See rule 3 and rule 4.

Related: suspension for an unpaid penalty

Section 11(7), inserted in 2010, adds a separate route: the Code of a person who fails to pay a penalty may be suspended by the Adjudicating Authority until the penalty is paid or recovered. That route has its own text and does not use section 8(1); see our article on recovery under section 11.

Surrender versus cancellation

Section 8 is about action taken against the holder. A holder who simply wants to give up the Code uses a different route; our guide on how to cancel or surrender an IEC covers it. The Foreign Trade Policy 2023 also speaks of de-activation and penal action in paras 2.05(e) and 2.14 (in the copy consulted), which are policy provisions to be checked separately.

Need help with a Code that is under notice?

A notice under section 8 has a time limit for your reply, so it pays to act quickly and with the record in order. Our IEC modification and update team can help you review the details held against the Code. Later amendments to the Act, Rules and Policy should be checked.

Key takeaways

  • Suspension or cancellation requires a written notice, a chance to represent in writing and, on request, a hearing.
  • Since 2010 there are three grounds, including contravention of the Act, rules, Orders and policy, and dealing in specified items.
  • Suspension must be for a specified period; cancellation is open-ended.
  • Without a Code, trade is possible only under a special licence granted under rule 3 conditions.
  • The 2010 text of section 8(1)(b) says "prejudicial", where 1992 said "gravely prejudicial".

Read next

Disclaimer: Based on the Foreign Trade (Development and Regulation) Act, 1992 as enacted read with the Amendment Act of 2010, and on the Foreign Trade (Regulation) Rules, 1993 as notified read with the Amendment Rules of 2015, as consulted on 2 October 2026. Later amendments, the current Foreign Trade Policy and the Handbook of Procedures should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Section 8

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can suspend or cancel an Importer-exporter Code?

The Director General or another officer authorised by the Director General, under section 8(1).

Is a notice compulsory before suspension?

Yes. The section requires a written notice of the grounds, a reasonable opportunity to make a written representation and, if the person so desires, a hearing.

Incoterms decide who bears the risk; do not leave them to the freight forwarder.

— TaxClue Trade & FEMA Desk

Section 8: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The Director General or another officer authorised by the Director General, under section 8(1).

Yes. The section requires a written notice of the grounds, a reasonable opportunity to make a written representation and, if the person so desires, a hearing.

Only under a special licence granted by the Director General under section 8(2) and the Rules.

Contravention of the Act, rules, Orders, policy or specified laws or offences; conduct prejudicial to trade relations or the country's credit; and contravention in respect of specified goods, services or technology.

Not as such. Section 11(7) separately allows the Adjudicating Authority to suspend the Code until the penalty is paid or recovered.

The text of section 8 gives no appeal route. Check sections 15 and 16 and the current law for the order concerned.