Export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) - Clarifications - Customs - F. No. 394/152/2002-Cus. (AS)

Export of Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) - Clarifications F. No. 394/152/2002-Cus. (AS) Dated 24-1-2003 Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi The Board has been informed about the instances of export of consignments in contravention of SCOMET provisions of EXIM Policy. The SCOMET provisions namely Special Chemicals, Organisms, Materials, Equipments and Technologies (SCOMET) are framed in the from of a list of various items which can be exported only against an export licence issued in this behalf. The EXIM Policy, 1997-2002 in Schedule 2, Appendix 6 of ITC (HS) Classification of Export and Import items had delineated a list of restricted items which were termed as Special Materials Equipments and Technologies (SMET). Vide DGFT Notification No. 5(RE-2000) 1997-2002 issued on 31-3-2002, this SMET list was amended and the SCOMET list came into existence. Section 3(2) of the Foreign Trade (Development and Regulation) Act, 1992 authorises the Central Govt. to make provision to prohibit, restrict or otherwise regulate the imports or exports. Section 3(3) of Foreign Trade (Development Regulation) Act, 1992 states that the goods to which any order under sub-section (2) applies shall be deemed to be goods, the import or export of which has been prohibited under Section 11 of the Customs Act, 1962. As you may be aware, the Government of India is committed to maintaining strict controls on export of dual use items and technologies produced in the country. The items covered under the SCOMET list are dual-purpose goods. While their manufacture in the country is generally not restricted, the export of any of these items requires proper licence from the office of DGFT after careful scrutiny of the application made by the exporter. The policy stated at Code No. 0005 in Table A of schedule 2 of ITC (HS) Classification of Export and Import items read with Appendix 3 of the ITC (HS) Classification restricts the export of the SCOMET items. It is, therefore, brought to the notice of all the field formations to remain vigilant while dealing with export of goods falling under the SCOMET list as contained in Notification No. 5(RE-2000)/1997-2002, dated 31-3-2002 or subsequent notifications. Any suspected case may be referred to the Export Commissioner, Directorate General of Foreign Trade, Room No. 110B, Udyog Bhavan, New Delhi, Phone No. 011-2301-4961 as well as the DGRI. (a) These alerts may be suitably incorporated in the Indian Customs EDI Computer System (b) Trade and field formations may be suitably alerted. (c) Hindi version of the circular would follow.