Procedure for Export SCOMET Items for
Demo/Display/Exhibition/ Tenders/ RFP/ RFQ/NIT
Effect of this
Public Notice: Paragraph 2.79D of Handbook of Procedures of FTP
2015-20 has been amended to lay down the procedure for export of SCOMET item(s)
imported for demo/display/exhibition/ tenders/RFP/RFQ/NIT purposes in the
country. In addition, the undertaking by an applicant firm seeking
authorisation for export of indigenous/imported SCOMET item(s) for
demo/display/exhibition etc. abroad [Para 2.79D(A)] has also been modified
including provision of bringing back item(s) within 90 days after the event.
Subject:- Amendment in Paragraph 2.79 D in the HBP of the FTP
2015-20 to notify the procedure for export of SCOMET items for
demo/display/exhibition/tenders/ RFP/RFQ/NIT purposes.
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 in Paragraph 2.79D of Handbook of Procedures (HBP) of
FTP 2015-20, with immediate effect.
2. The procedure for export of SCOMET items for
demo/display/exhibition /tenders/ RFP/RFQ/NIT under Paragraph 2.79D, as
notified vide Public Notice No. 34/2015-20 dated
04.09.2018, is substituted
as under:
“Para 2.79D Issue of export authorizations for
demo/display/ exhibition/ tenders/ RFP/ RFQ/NIT of SCOMET items
(A) Authorization for export of indigenous/imported
SCOMET item(s) for demo/display/exhibition /tender/ RFP/RFQ/NIT abroad
Authorizations for export of items in SCOMET List
(other than those under Category 0, 1, 2 and 6 or ‘Technology’ or ‘Software’ in
any category) solely for purposes of (a) Demo (b) Display (c) Exhibition (d)
Tenders/RFP/RFQ/NIT shall be considered by Chairman IMWG, on the following
conditions:
(a) Such cases would be considered purely on temporary export basis
for a specified time period;
(b) No end user certificate would be insisted upon in such cases;
(c) There shall not be any commercial transaction in the form of
selling/buying/renting/leasing;
(d) The number of item(s) should be commensurate with the nature of
export items and the purpose for which the application is being made;
(e) There shall not be any exchange/disclosure of information which
could lead to transfer of technology;
(f) No export authorisation would be granted for UNSC sanctioned destinations
or countries/entities of high risk, as assessed by the IMWG, from time to time;
(g) The application is accompanied with the following additional
documents (depending on whichever is applicable):
(i) Proof
of event (Demo/Display/ Exhibition/ Tenders/RFP/RFQ/NIT)
Invitation letter / Advertisement/Notice for
RFP/RFQ/NIT or any other document to authenticate (i)
the event or purpose of participation (ii) schedule (in case dates not decided,
probable time period) (iii) specific location of event [venue, city, country
etc.];
(ii) Proof of participation :
Documents confirming participation of applicant in
the event (demo/display/ exhibition/ tender/RFP/RFQJNIT);
(iii) An undertaking from the applicant firm:
An Undertaking on the letter head of the firm duly
signed and stamped by the authorized signatory stating:
a. Purpose of export, details of invitee alongwith
schedule and specific location of event;
b. Details of items to be exported for Demo/Display/Exhibition
/tender/ RFP/RFQJNIT alongwith their SCOMET Category
/Sub-category number(s), quantity and item description.
c. that the
exported items will be in the custody of the exporter during the entire period
of export;
d. that the exported items shall be brought back to India within 90
days after the event gets over or within the extended time, as allowed by DGFT;
e. that the
Bill of Entry confirming the return back of the exported items to India shall
be submitted to DGFT.
(h) Applications for grant of authorizations shall be approved by
Chairman, IMWG after verifying the credentials of the event/organizer.
(B) Authorization for export of imported SCOMET
items after participation in demo/display/exhibition /tenders/ RFP/RFQ/NIT in
India
Application for grant of authorization for export
of imported SCOMET items to the entity from which it has been originally
imported or to its OEM (including agency authorized by OEM), after
Demo/Display/Exhibition/tender/RFP/RFQJNIT, shall be considered by Chairman
IMWG, on the following conditions:
a) The SCOMET item(s) were imported in India for the purpose of
demo/display/exhibition /tender/ RFP/RFQ/NIT under a contract agreement between
Indian exporter and supplier/OEM(including agency
authorized by OEM);
b) The export should only be to the entity from which the item(s)
has/have been imported or to the OEM (including agency authorized by OEM);
c) No details on ‘End Use’ and ‘End Use Certificate’ would be
required;
d) No export authorisation would be granted for UNSC sanctioned
destinations or countries/entities of high risk, as assessed by the IMWG, from
time to time;
e) The application is accompanied with the following additional
documents (depending on whichever is applicable/appropriate):
i. Proof
of import of the item(s):
a. Bill of entry containing details of the items being exported
after completion of Demo/Display/Exhibition /tender/ RFP/RFQ/NIT;
b. Export License (if applicable) issued by the foreign country for
original import of the items to India;
ii. Proof of event/participation (Exhibition/
Demo/Display/Tenders/ RFP/RFQ/NIT)
Invitation letter / Advertisement/Notice for
RFP/RFQ/NIT or any other document to authenticate (i)
the event or purpose of participation (ii) schedule (iii) specific location of
event [venue, city etc.] iv) Documents confirming participation of applicant in
the event (exhibition/ display/ demo/tender/RFP/RFCVNIT
iii. An Undertaking
from the applicant firm;
An Undertaking on the letter head of the firm duly
signed and stamped by the authorized signatory stating:
a. Purpose of import of item in India, invitee alongwith
schedule and specific location of event;
b. Details of imported items to be exported after
Demo/Display/Exhibition tenders/ RFP/RFOJNIT alongwith
their SCOMET Category /Sub-category number(s), quantity, item description and
ECCN of foreign country;
c. That item (s) are being exported to the entity from which it was
originally imported or to the OEM (including agency authorized by OEM)
(whichever is applicable) for Demo/Display/Exhibition/ tenders/ RFP/RFQJNIT;
d. That there has been no change in the specifications of the
item(s) after import;
e. That the Demo/Display/Exhibition tenders/ RFP/RFQJNIT items
(whichever is applicable) is allowed under the conditions of import or
contractual agreement;
f. That the export of the imported item(s) is allowed under the
conditions of import or contractual agreement between Indian exporter and
entity abroad /OEM (including agency authorized by OEM).
f) Applications for grant of authorizations for export to the entity
from which it was originally imported or to the OEM (including agency
authorized by OEM) shall be approved by Chairman IMWG, without any consultation
with IMWG members. However, in cases of export to an entity other than the
original supplier or OEM (including agency authorized by OEM), approval will be
granted by Chairman, IMWG after verification of the credentials of the foreign
entity to which the item(s) are to be
3. All such authorizations shall be brought before
IMWG in its subsequent meeting for confirmation of approval, on ex-post facto
basis.
Note:-
·
REP refers to
Request for Proposal
·
RFQ refers to
Request for Quotation
·
NIT refers to
Notice Inviting Tender
(Issued
from F.No.01/91/180/18/AM-17/EC)