Scomet Authorisation

Export of dual-use items and technologies under India’s Foreign Trade Policy is regulated. Export of dual-use items and technologies is either prohibited or is permitted under a licence. In Foreign Trade Policy, dual-use items have been given the nomenclature of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET).

List of Special Chemicals, Organisms, Material, Equipment and Technologies (SCOMET) items appearing in Appendix 3 of Schedule 2 of ITC (HS) Classification. SCOMET items are listed under eight (8) categories as follows:

Category 0: Nuclear material, nuclear-related other materials, equipment and technology. (The licensing authority for this category is the Department of Atomic Energy)

Category 1: Toxic chemical agents and other chemicals

Category 2: Micro-organisms, toxins

Category 3: Material, Material Processing Equipment, and related technologies

Category 4: Nuclear-related other equipment, assemblies and components; test and Production Equipment; and related technology, not controlled under Category 0

Category 5: Aerospace systems, equipment including production and test equipment related Technology and specially designed components and accessories thereof

Category 6: (Reserved)

Category 7: Electronics, Computers, and Information Technology including information Security

Each category contains exhaustive listing of items covered under that category. Special conditions applicable to items under different categories are mentioned under each category.

• An application for grant of Export Authorisation in respect of SCOMET items mentioned in Appendix3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items may be made to DGFT (Hqrs) along with documents prescribed therein.
• Such applications are mandatorily to be filed through online system under the Icon E-COM on the website of DGFT. While submitting the online application, all the required documents including End User Certificates (EUCs) are to be uploaded as PDF/JPG/JPEG/TIF files.

An Inter-Ministerial Working Group (IMWG) in DGFT(Hqrs.) shall consider applications for export of SCOMET items as specified in Appendix-3 to Schedule 2 of ITC(HS) Classifications of Export and Import Items based on following guidelines:

• Applications for Authorisation to export items or technology on SCOMET List a reconsidered on the basis of following general criteria:
  • Credential of end-user, credibility of declaration of end-use of the item or technology, integrity of chain of transmission of item from supplier to end-user, and on potential of the item or technology, including timing of its export, to contribute to end-uses that are not inconformity with India’s national security or foreign policy goals and objectives, goals and objectives of global non-proliferation, or India’s obligations under International treaties/Agreements to which it is a State party.
  • Assessed risk that exported items will fall in to hands of terrorists, terrorist groups, and non-State actors;
  • Export control measures instituted by the recipient State;
  • Capabilities and objectives of programmes of the recipient State relating to weapons and their delivery;
  • Assessment of end-use(s)of item(s);
  • Applicability of provisions of relevant bilateral or multilateral agreements, to which India is a party, to the case under consideration.
• Application shall be accompanied by an end user certificate.
• The end-user certificate will indicate the name of the item to be exported ,the name of the importer, the specific end-use of the subject goods and details of Purchase Order/Contract.
• Government of India may also require additional formal assurances, as deemed appropriate, including those on end-use and non-retransfer, from the State of the recipient.
• Licensing authority for items in Category 0 in Appendix 3 to Schedule 2 of ITC(HS) is Department of Atomic Energy. Applicable guidelines are notified by the Department of Atomic Energy under Atomic Energy Act, 1962.
  For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device.
• Additional end use conditions may be stipulated in Authorisations for export of items or technology that bear possibility of diversion to or use in development or manufacture of, or use as, systems capable of delivery of weapons of mass destruction.
• Authorisations for export of items in SCOMET List (otherthan those under Category 0, 1 and 2) solely for purposes of display or exhibitions hall not require any end-use or end-user certification.

Supply of SCOMET Items from DT A to SEZ

No export authorization is required for supply of SCOMET items from DTA to SEZ .However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma within one week of the supplies getting effected. An annual report of such supplies from DTA to SEZ shall be sent to SCOMET Section, DGFT(Hqrs), Department of Commerce, Udyog Bhawan, Maulana Azad Road, NewDelhi-110011, by the Development Commissioner (DC), SEZ in the prescribed proforma.

Issue of authorization for repeat orders

Applications for grant of authorizations for repeat orders for export of SCOMET items shall be considered by IMWG on automatic basis, subject to the following conditions:

• • The product along with the technical specification
  • The exporter
  • The foreign buyer
  • The consignee or the intermediaries, if any
  • The end user
  • The end use and
  • The country of destination; shall be same
  • The end use and
• The permitted quantity against repeat export authorisations shall not be more han 2 times of the quantity in original authorisation, subject to the annual manufacturing capacity of the end user in respect of the relevant product, as certified by the end user.
• Only the applications submitted within two years from the date of approval by IMWG of the original SCOMET authorization will be eligible for repeat authorisation.
• There shall be a cap of two repeat authorizations against the original authorisation.
• A declaration by the authorized signatory on the qualifying conditions as per (i) to (iv) above shall be submitted along with the application for consideration under the repeat order route.

Revalidation of SCOMET authorisation

Export license for SCOMET items may be revalidated by RA concerned only on approval of DGFT for six months at a time and maximum upto12 months from date of expiry of validity.