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.'