Military Use Defined as Non SCOMET Goods for Possible Military Use in SCOMET Goods

[Ref: Public Notice No. 27/2015-20 dated 21 September 2017]

Effect of this Public Notice: Paragraph 2.72 (b) of the Handbook of Procedures of FTP 2015- 20 has been amended to include definition of" Military use' in the context of catch-all controls in exports.

Subject:- Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20.

In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy(FTP) 2015-20, the Director General of Foreign Trade (DGFT) hereby makes amendments in Paragraph 2.72 (b) of the Handbook of Procedures(HBP) of FTP 2015-20 read with Public Notice No 4/2015-20 dated 24th April 2017, with immediate effect:

The revised Paragraph 2.72 (b) of the HBP of FTP 2015-20 would be substituted to read as under:-

'(b) If the exporter has been notified in writing by DGFT or he knows or has reason to believe that an item not covered in the SCOMET list has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in missile system or military use (including by terrorists and non-state actors), he shall apply for a SCOMET license. The export of such an item may be denied or permitted as per the procedure provided for SCOMET items in Paragraph 2.73.

Note: "Military use" shall mean incorporation into items listed in SCOMET Categories 5D or 6 or for the use, development, or production of military items listed in these categories.'