ADVICE TO THE EXPORTERS

Attention of Exporters is drawn to the following important provisions of Policy/ Procedures:-

1. Export of SCOMET items is permitted only against a licence / permission, in accordance with the Policy contained in Appendix 3 to Schedule 2 of ITC (HS). It is not permitted under an advance licence or any other licence issued (under a duty exemption or remission scheme) by the DGFT.

In this connection, attention is drawn to para 4.1.13 of the Foreign Trade Policy 2004-09 (as amended upto 31-3-2005):

“….prohibited items of exports mentioned in the ITC(HS) shall not be exported under the licence issued under the scheme. Further, export of restricted items shall be subject to all conditionalities or requirements of export licence or permission, as may be required, under Schedule II of ITC (HS).”

2. Part IV of the Aayat Niryaat Form which contains various Declarations/ Undertakings to be given by the Exporter has recently been amended vide Public Notice No 36 dated 2^nd August, 2005 to include an additional paragraph, as follows:-

“5 A. I/ We hereby declare that I/we have perused the list of SCOMET items as contained in the Appendix 3 to the Schedule 2 of the ITC (HS) Classifications of Export-Import Items, 2004-09 and that the item(s) exported / proposed to be exported does not fall within this list and that I/ We agree to abide by the provisions of the Policy for export of SCOMET items contained in the Foreign Trade Policy, Schedule 2 of ITC (HS) and the Handbook of Procedures (Vol.1), irrespective of the scheme under which the item is exported / proposed to be exported (the underlined portion will be deleted in case an application for export license for SCOMET item is being filed).”

Exporters are advised to fill this declaration/ undertaking very carefully.

3. Exporters are required to submit (to the DGFT, Export Policy Division, Udyog Bhawan) copies of Bills of entry into the importing country within 30 days of the shipment as given in Appendix 3 to Schedule 2 of ITC (HS).

4. For Export of Schedule Chemicals (Category 1 of SCOMET list), the exporters are advised to be very careful about the destination country for export. If the destination country is not a State Party to the Chemical Weapons Convention (CWC), export of Schedule 2 (Category 1B) Chemicals to such countries is completely prohibited and export of Schedule 3 (Category 1C) Chemicals to such countries is permitted only against a licence issued by the DGF HQs. (Export Policy Division). The list of State Parties to the CWC and countries which are not State parties is available on the OPCW website ( www.opcw.org ) . It is also reiterated that Export of Schedule 1 Chemicals ( Category 1 A ) are prohibited for export irrespective of the destination , licensing scheme or end use.