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Amendment in Paragraph 2.79F in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to lay down the procedure for Global Authorization for Intra-Company Transfer (GAICT) of SCOMET items/software/technology

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..... puter No. 2862) .-In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP) 2015-20 , the Directorate General of Foreign Trade (DGFT) hereby makes amendments in Paragraph 2.79 F to Handbook of Procedures (HBP) of FTP 2015-20 with immediate effect. 2. Existing entry at sub- Para 2.79F of the HBP of FTP 2015-20 shall be substituted as under: Para 2.79F - Global Authorisation for Intra-Company Transfers (GAICT) of SCOMET Items/Software/Technology A. Scope and Eligibility : Pre-export authorization will not be required, for export and/or re-export of SCOMET items including software and technology under SCOMET Category 8 (except items listed in Annexure-I), subject to the following cond .....

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..... including any third party should be in the countries listed in Table 1 to this Public Notice); Table 1 Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States. Note : However, IMWG on a case to case basis may allow countries other than those listed in Table 1 considering description/end use/end user of the item. c. The applicant ex .....

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..... g Group (IMWG) based on the submission of the application and other supporting documents by the applicant exporter in the prescribed proforma; i. Documentary proof of the corporate relationship between the Indian parent company (applicant exporter) and its foreign subsidiary company or between the Indian subsidiary of foreign company (applicant exporter) and its foreign parent / another subsidiary of foreign parent company ; ii. Classification of item including software and technology in SCOMET (indicating SCOMET category and sub-category); iii. Documentary proof of License Exception /Temporary license from the country of the parent company abroad or from subsidiaries of the parent company abroad, if available (optional) iv. Det .....

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..... ould apply separately to DGFT for a fresh authorisation in terms of regular policy. [DGFT s PN No. 27 dated 21.09.2017 for catch-all policy may also be referred]. viii. The Company must ensure that: a. They shall submit original End User Certificate in the prescribed format within 30 days of filing application and in case of subsequent exports, within 30 days of delivery at destination point, after issue of export authorisation; b. They have Agreement/purchase order, excerpt of contract from entity (consignee) receiving the items which states the export is for a permitted use ; c. The documents include the name contact number and email id of the authority signing the EUC. ix. A precise and clear contract /service agreemen .....

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..... be issued in case of items including software and technology 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. GAICT would not be issued for countries or entities covered under UNSC embargo or sanctions list or to the countries or entities assessed for risk of proliferation concern, based on national security and foreign policy considerations; c. In case of inclusion or amendment of items (including software and technology) or inclusion of new companies or amendment in existing companies in the supply chain, the applicant exporter will obtain prior permi .....

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..... ublic Notice : Existing entry at Paragraph 2.79F has been substituted in the Handbook of Procedures (HBP) of the Foreign Trade Policy (FTP) 2015-20 to amend the procedure for issue of Global Authorisation for Intra-Company Transfer (GAICT) of SCOMET items including software and technology. Henceforth, GAICT policy would be applicable only for export / re-export of items, including software and technology under SCOMET Category 8 (except items listed in Annexure-I), and to only the countries listed in Table 1 above. Revised ANF (Aayat Niryat Form) - ANF 20(b), ANF 20(c) and End Use Certificate proforma Appendix 2S (iv) for applying for GAICT also notified. SANTOSH KUMAR SARANGI, Director General of Foreign Trade Ex-offici .....

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