General Authorisation
for Export of Chemicals and Equipments under SCOMET
List Notified
·
Online
Applications to be considered by Inter Ministerial Committee
Ř 2.79G – General Authorisation for Export
of Chemicals and related equipment (GAEC) under SCOMET List
Ř Procedure for grant of General
Authorization for Export of Chemicals and related Equipment (GAEC)
Ř Post reporting for export / re-export of
items under GAEC
Ř Record Keeping
Ř General Conditions & Exclusions
Ř Validity
Ř Suspension / Revocation
Effect
of this Public Notice: Paragraph 2.79G has been added in the Handbook of
Procedures (HBP) of FTP Foreign
Trade Policy (FTP) 2015-20 to lay down the procedure for General Authorisation
for Export of Chemicals and related equipments.
Subject:- Inclusion of Paragraph 2.79G in the Handbook of
Procedures of the Foreign Trade Policy (FTP) 2015-20 to notify the procedure
for General Authorisation for Export of Chemicals and related equipment (GAEC)
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 amendment to Handbook of
Procedures (HBP) of FTP 2015-20 for inclusion of new entry at Paragraph 2.79G
with immediate effect.
2.
After Sub Para 2.79F
of the HBP of FTP 2015-2020, a new entry shall be inserted as under:
I. In respect of
export/re-export of SCOMET items under the Categories / Sub Categories of 1C,
1D,IE, 3D001 and 3D004 (excluding software and technology), the applicant
exporter shall submit an application for GAEC through online SCOMET portal and
attach information in proforma -ANF 20;
II. The
application would be reviewed/examined for the issuance of GAEC b/
Inter-Ministerial Working Group (IMWG) based on the submitted application and
other supporting documents submitted by the applicant exporter in the prescribed
proforma including;
a. Detailed
description of the items that are intended to be exported under this
authorization with relevant technical details / specifications; such
as model, part number, etc. to be provided (as applicable); In case of first intended
export of items under the above Categories / Sub Categories, details of the
entire supply chain (buyer, consignee, end user, etc.) of an intended export is
to be provided. In case of previous exports of items under the above Categories
/ Sub Categories having been carried out, details of past exports including the
EUC is to be provided.
b. Undertaking on
the letterhead of the firm duly signed and stamped by the authorized signatory
stating the following:
i. Any on-site
inspection will be allowed by the applicant exporter, if required by the DGFT
or authorized representatives of Government of India;
ii. The applicant
exporter declares that the items that are intended to be exported shall not be
used for any purpose other than the purpose(s) stated in the EUC and that such
use shall not be changed nor the items modified or replicated without the prior
consent of the Government of India.;
iii. The applicant
exporter declares that subsequent to issue of export authorisation, if the
licensee has been notified in writing by DGFT or if they know or has reason to
believe that an item may be intended for military end use or has a potential
risk of use in or diversion to weapons of mass destruction (WMD) or in their
missile system, the exporter would not be eligible for GAEC for export of
that/those item(s) and would apply separately to DGFT for a fresh authorization
in terms of regular policy.
iv. Action will be
taken against the exporter under FT (D & R) Act, 1992 for any mis-declaration.
c. After issuance
of GAEC authorization and before actual export, the applicant exporter must
ensure the following:
i. They
shall notify the relevant government authorities in the online portal of DGFT,
within 30 days of such export in the prescribed format [Aayat
Niryat Form (AN F) – 20], along with the End-Use
Certificate (EUC) in the prescribed proforma
[Appendix 2S(ii)] and a copy of the bill of entry into the destination country
within 30 days of delivery at destination point.
ii. They have an
agreement or a purchase order, excerpt of contract from entity (consignee / end
user) receiving the items which states that the export is for a permitted use /
an end use as declared in the EUC before actual export;
iii. They possess
documents include the name, contact number and email id of the authority
signing the EUC before actual export.
iv. Additional
details, if any sought by DGFT
a. The Indian
exporter shall submit post-shipment details of each export/ re-export of SCOMET
items under the above Categories/ sub-categories under GAEC, as mentioned above
at II.c. (I) and within the timelines specified
therein;
b. Failure to do
so may entail imposition of penalty and / or suspension/revocation of GAEC.
The exporter will be required to keep records of all the
export documents, in manual or electronic form, in terms of Para 2.73 (c) of HBP, for a period of 5
years from the date of GAEC issued by DGFT.
a. GAEC would not
be issued in case of items to be used to design, develop, acquire, manufacture,
possess, transport, transfer and / or used for chemical, biological, nuclear
weapons or for missiles capable of delivering weapons of mass destruction and
their delivery system;
b. GAEC would not
be issued for countries or entities covered under UNSC embargo or sanctions
list or on assessment of proliferation concerns, or national security and
foreign policy considerations, etc.;
c. IMWG shall
reserve the right to deny issue of GAEC without assigning any reason(s).
a. GAEC issued
for export / re-export of SCOMET items under the above Categories / Sub
Categories (excluding software and technology) shall be valid for a period of five years from the
date of issue of GAEC subject to subsequent post reporting(s) on quarterly
basis to be reported within 30 days from the last quarter;
b. GAEC cannot be
revalidated in terms of Paragraph 2.80 of HBP of FTP 2015-20.
GAEC issued shall be liable to be suspended / revoked by
the DGFT on receipt of an adverse report on proliferation concern or for
non-submission of mandatory post-shipment details / reports / documents within
the prescribed timelines or for noncompliance with the conditions of the
proposed policy.
(Issued from F. No. 01/91/180/01/AM22)