Import and export policy orders and amendments through statutory regulatory orders

Publication Year : 2021

Imports and exports of goods in Pakistan is regulated by the Ministry of Commerce, Government of Pakistan. Under section 3 of the Imports and Exports (Control) Act, 1950, the Government may prohibit, restrict, or control imports and exports. The Commerce Ministry regulates this through Import Policy Orders and Export Policy Orders amended from time to time through notifications / Statutory Regulatory Orders (SROs). The focus in this composition is only on the SROs issued by Ministry of Commerce. Statutory Rules and Orders: Statutory rules and orders are the means by which delegated legislation used to be made in the country. In Pakistan Import Policy Orders and Export Policy Orders amended from time to time through notifications / SROs. SROs deliberate powers on Ministers to bring sections of an Act into force or to vary penalties for offence or to fill out detail in broad provisions of an Act. A policy in the form of a summary is forwarded to the Federal Govt. (Cabinet/ECC) after stakeholders’ input, which if approved is then translated into SRO after due process. While analyzing delegated legislation regarding SROs, Supreme Court’s definition of Federal Government and importance of Cabinet in the light of that judgement also needs to be discussed though in brief. These powers are generally outlined in the enabling legislation. A form of delegated legislation, developed and enacted by ministers, department heads, or by an independent body or commission, to administer their responsibilities. A violation of a regulation can be treated as an offense and enforced as such.