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 India’s System of Controls over Exports of Dual-use Goods and Technologies

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Advice to Exporters

 

 India’s Export Policy related to dual-use items and technologies is contained in the SCOMET list. The Director General of Foreign Trade has specified a list of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET), the export of which is either prohibited or permitted only under licence. The grant of licence inter alia depends upon the end-use and the end-user certification.

The SCOMET List is available as a part of the Export Policy in Schedule 2 Appendix 3 of the Indian Tariff Classification (Harmonized System) - ITC(HS) Classifications of Export and Import Items, 2004-2009.

The current SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) list contains all dual-use items and technologies within 8 categories, as follows:

Category 0: Nuclear materials, nuclear-related other materials, equipment and technology

Category 1: Toxic chemical agents and other chemicals

Category 2: Micro-organisms, Toxins

Category 3: Materials, Materials Processing Equipment, and Related Technologies

Category 4: Nuclear-related other equipment and technology, not controlled under Category 0

Category 5: Aerospace systems, equipment, including production and test equipment, and related technology

Category 6: Reserved

Category 7: Electronics, computers, and information technology including information security

The SCOMET has been revised recently by the DGFT, vide Notification No. 15   (RE-05)/ 2004-2009 dated 15^th July, 2005. To look at the Notification along with the revised SCOMET list, please click here.

Revised guidelines for consideration of SCOMET applications have also been issued by the DGFT recently, vide Public Notice No. 29 (RE-05)/ 2004-2009 dated 15^th July, 2005. To look at the Public Notice, please click here.

Procedure for licence

For obtaining a licence or permission (as the case may be) for a SCOMET item, the exporter has to apply in the Aayaat Niryaat Form. Sub-section IIIA of this form pertains to export of SCOMET items.

When the filled-in application form for grant of licence is received in the Directorate-General of Foreign Trade, it is circulated by the DGFT to the concerned agencies in the Government of India, which include Ministry of External Affairs, Ministry of Defence, Central Board of Excise & Customs, and concerned Ministries/Departments (e.g. Departments of Atomic Energy/Space/DRDO/ Department of Chemicals and Petro-chemicals/ Department of Bio-technology), as required, for technical advice.

Each application for export of SCOMET items is placed before a Committee, called the Inter Ministerial Working Group (IMWG) in the DGFT under the Chairmanship of the Export Commissioner, DGFT which decides, by consensus, on whether or not to approve a particular export.

The decision of the IMWG is communicated in the form of an Export Licence including the conditions, if any.

Contact Persons:

For any further information related to export of SCOMET items, please contact:

Shri Ashutosh Jindal

Joint DG of Foreign Trade

Room No. 107, Udyog Bhawan (DGFT).

(011) 2301 6240 (O)

ashutosh.jindal@nic.in

Shri S.K. Shrivastava

Deputy DG of Foreign Trade

Room No. 303, Udyog Bhawan (DGFT).

(011) 2301 6262 Ext. 396

sks303@ub.nic.in