By A V International April 17, 2024

DGFT gives clarification on discharge of export obligation of Advance Authorisation

DGFT gives clarification on discharge of export obligation of the Advance Authorisation by making physical exports or by making domestic supplies.

This is further clarified as follows:

Advance Authorisation Holder holding an Advance Authorisation issued on or after 1^st April, 2015, has option to fulfill the export obligation either by physical exports or by making domestic supplies i.e. Supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or DFIA.
As per the harmonious reading of Para 4.14 of the Foreign Trade Policy 2015-2020, it is clarified that Advance Authorisation Holder holding an Advance Authorisation issued on or after 10^th January, 2019, has options as follows:

To fulfill the export obligation either by physical exports or by making domestic supplies i.e. Supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or DFIA.
To make supplies i.e. supply of goods to EOU or STP or EHTP or BTP.
To make supplies i.e. supply of capital goods against EPCG authorisation provided exemption from payment of applicable Anti-Dumping Duty, Countervailing Duty, Safeguard Duty and Transition Product Specific Safeguard Duty if any has not been availed.

Similarly Advance Authorisation Holder holding an Advance Authorisation for deemed export issued only for above mentioned supplies with above stipulated conditions has an option to fulfill their export obligation either by way of supplies or by making physical exports.

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Introduction

Many importers only discover that their shipment requires a CDSCO Dual Use NOC after the goods arrive at the port or airport. As a result, customs authorities may place the shipment on hold until the required approval is obtained.

These delays can lead to increased storage charges, demurrage costs, missed delivery commitments, and disruption of business operations.

If your shipment is stuck because of a Dual Use NOC issue, understanding the reason behind the delay and taking corrective action quickly can help minimize losses and accelerate customs clearance.

This guide explains how to resolve customs clearance delays caused by Dual Use NOC issues, common reasons for shipment holds, required documents, approval timelines, and practical solutions for importers in 2026.

What Is a Dual Use NOC?

A Dual Use NOC (No Objection Certificate) is an approval issued by CDSCO for products that may have both industrial and medical, diagnostic, pharmaceutical, or healthcare-related applications.

Customs authorities may require this approval before allowing import clearance.

Why Customs Clearance Gets Delayed Due to Dual Use NOC Issues

Customs authorities may stop shipment clearance when they suspect that imported goods fall under CDSCO regulation and require additional verification.

Common reasons include:

Missing Dual Use NOC
Incorrect product classification
Unclear end-use declaration
Incomplete technical documents
Customs examination requirements
CDSCO clarification requests

In 2026, customs and regulatory systems are becoming increasingly integrated, making compliance verification more stringent.

Common Reasons for Customs Delays Due to Dual Use NOC Issues

1. Product Falls Under Dual Use Category

Importers may incorrectly assume that certain chemicals, reagents, laboratory products, or industrial materials do not require CDSCO approval.

Solution

Conduct product classification review before shipment dispatch.

2. Missing CDSCO Dual Use NOC

Many shipments are delayed because importers apply for the NOC only after customs raises an objection.

Solution

Apply for the Dual Use NOC before shipment arrival whenever possible.

3. Incorrect Product Description

Differences between:

Invoice description
Product literature
Technical specifications
End-use declaration

may trigger regulatory scrutiny.

Solution

Maintain consistency across all documents.

4. Incomplete Documentation

Missing documents often cause delays.

Examples include:

Product brochure
Technical literature
Manufacturer declaration
End-use certificate

Solution

Prepare a complete documentation package before filing.

5. CDSCO Clarification Queries

CDSCO may request additional information before approval.

Solution

Respond quickly and provide detailed explanations.

Documents Required to Resolve Dual Use NOC Delays

Keep the following documents ready:

IEC Certificate
GST Registration Certificate
Commercial Invoice
Packing List
Bill of Lading / Airway Bill
Product Literature
Technical Data Sheet
End Use Declaration
Manufacturer Authorization Letter
Importer Authorization Letter
Purchase Order
CDSCO Application Details

Important Tip

Ensure that the product description is identical across all submitted documents.

How to Resolve Customs Clearance Delay Due to Dual Use NOC Issues Quickly

Step 1: Identify the Exact Reason for Delay

Check customs observations carefully.

Determine whether the delay is caused by:

Missing NOC
Product classification
Documentation issues
CDSCO query

Step 2: Review Product Classification

Verify whether the product genuinely falls under the Dual Use category.

If required, obtain professional classification support.

Step 3: Submit CDSCO Dual Use NOC Application

File the application through the CDSCO SUGAM Portal.

Ensure all supporting documents are uploaded accurately.

Step 4: Respond to CDSCO Queries Promptly

Any clarification request should be addressed immediately.

Delayed responses often extend approval timelines.

Step 5: Coordinate with Customs Authorities

Provide updates regarding:

Application submission
CDSCO acknowledgement
Approval progress

This can help customs officials monitor clearance status.

Step 6: Track Approval Status

Regularly monitor application status through the CDSCO portal.

Status may include:

Submitted
Under Review
Clarification Required
Approved
Rejected

How Long Does Dual Use NOC Approval Take?

Approval timelines vary depending on:

Product category
Documentation quality
CDSCO workload
Technical review requirements

Generally, approvals may take anywhere from a few working days to several weeks.

Early application significantly reduces the risk of shipment delays.

Practical Compliance Tips for Importers in 2026

Review product classification before shipment dispatch.
Apply for Dual Use NOC in advance.
Maintain complete technical documentation.
Ensure consistent product descriptions.
Monitor CDSCO portal updates regularly.
Respond to clarification requests immediately.
Coordinate with customs brokers throughout the clearance process.

Frequently Asked Questions (FAQs)

What causes customs clearance delays due to Dual Use NOC issues?

The most common causes include missing approvals, incorrect product classification, incomplete documentation, and CDSCO clarification requests.

Can customs hold my shipment without a Dual Use NOC?

Yes. Customs authorities may detain shipments until CDSCO clearance requirements are satisfied.

How can I speed up Dual Use NOC approval?

Submit complete documents, provide accurate product information, and respond quickly to CDSCO queries.

Is Dual Use NOC mandatory for all imports?

No. It is required only for specific products that may have healthcare, pharmaceutical, diagnostic, or medical applications.

Can I apply for Dual Use NOC after shipment arrival?

Yes, but this often results in customs delays and additional costs.

How do I check Dual Use NOC status?

You can track application status through the CDSCO SUGAM Portal.

Can consultants help resolve customs delays?

Yes. Compliance consultants can assist with classification, documentation, application filing, and regulatory communication.

Conclusion

Customs clearance delays caused by Dual Use NOC issues can significantly impact business operations, increase logistics costs, and disrupt supply chains. Fortunately, most delays can be resolved efficiently when importers understand the underlying cause and take corrective action quickly.

By identifying regulatory requirements early, preparing complete documentation, and maintaining proactive communication with CDSCO and customs authorities, businesses can minimize delays and ensure smoother import operations in 2026.

Need Professional Help with Dual Use NOC Approval?

A V International has more than 35 years of experience assisting businesses with:

CDSCO Dual Use NOC Applications
Import Compliance Services
Customs Documentation
DGFT Licensing
IEC Registration
Regulatory Approvals
Import Clearance Support

Our experts help importers reduce approval delays, resolve customs issues efficiently, and maintain regulatory compliance across India.

Written By

Akash Bhangare

Having more than 10 years of experience in import-export compliance, CDSCO approvals, DGFT licensing, and customs regulations in India.

Associated with A V International, a company with over 35 years of expertise in import-export licensing, regulatory approvals, customs compliance, and international trade consulting.

DGFT gives clarification on discharge of export obligation of Advance Authorisation

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How to Resolve Customs Clearance Delay Due to Dual Use NOC Issue Quickly

Key Takeaways

Introduction

What Is a Dual Use NOC?

Why Customs Clearance Gets Delayed Due to Dual Use NOC Issues

Common Reasons for Customs Delays Due to Dual Use NOC Issues

1. Product Falls Under Dual Use Category

Solution

2. Missing CDSCO Dual Use NOC

Solution

3. Incorrect Product Description

Solution

4. Incomplete Documentation

Solution

5. CDSCO Clarification Queries

Solution

Documents Required to Resolve Dual Use NOC Delays

Important Tip

How to Resolve Customs Clearance Delay Due to Dual Use NOC Issues Quickly

Step 1: Identify the Exact Reason for Delay

Step 2: Review Product Classification

Step 3: Submit CDSCO Dual Use NOC Application

Step 4: Respond to CDSCO Queries Promptly

Step 5: Coordinate with Customs Authorities

Step 6: Track Approval Status

How Long Does Dual Use NOC Approval Take?

Practical Compliance Tips for Importers in 2026

Frequently Asked Questions (FAQs)

What causes customs clearance delays due to Dual Use NOC issues?

Can customs hold my shipment without a Dual Use NOC?

How can I speed up Dual Use NOC approval?

Is Dual Use NOC mandatory for all imports?

Can I apply for Dual Use NOC after shipment arrival?

How do I check Dual Use NOC status?

Can consultants help resolve customs delays?

Conclusion

Need Professional Help with Dual Use NOC Approval?

Written By

Akash Bhangare

Recent Posts

FeATURED ARTICLES