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SCOMET: Special Chemicals, Organisms, Materials, Equipment and Technologies

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..... tion Note (CIN) of SCOMET list, and any other sub-category as may be specified. (b) The Department of Atomic Energy (DAE) is the licensing authority for items in Category 0 and Note 2 of the 'CIN'. Applicable guidelines are notified by the DAE for Nuclear Transfers (Exports) and Notification of schedule of Prescribed Substances, Prescribed Equipment and Technology" issued under Atomic Energy Act 1962 and Atomic Energy (Working of Mines, Minerals and Handling of Prescribed Substance) Rules 1984. For certain items in Category 0, formal assurances from the recipient State will include non-use in any nuclear explosive device. Authorisations for export of certain items in Category 0 will not be granted unless transfer is under adequate physical protection and is covered by appropriate International Atomic Energy Agency (IAEA) safeguards, or any other mutually agreed controls on transferred items. (c) The Department of Defence Production (DDP) in the Ministry of Defence is the licensing authority for items in Category 6 of SCOMET known as 'Munitions List' [except those covered under Note 2 of CIN to SCOMET and Note 3 of Munitions List (i.e. items under Category 6A007, 6A008)] irr .....

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..... ion shall be accompanied by an EUC as per the applicable format (relevant Appendix), certifying that: * The item will be used only for stated purpose and that such use will not be changed, nor items modified or replicated without consent of Government of India; * Neither the items nor replicas nor derivatives thereof will be retransferred without consent of Government of India; * End-user shall facilitate such verifications as are required by Government of India. (e) The end-user certificate will indicate the name of the item to be exported, the name of the importer and all the entities in the supply chain, the specific end-use of the subject goods, details of Purchase Order/Contract, etc. (f) Government of India may also require additional formal assurances, as deemed appropriate, including those on end-use and non-transfer, from the State of the recipient. Additional end-use conditions may be stipulated in Authorisations for export of items, including software and technology, based on an assessment of proliferation concerns and other factors. 10.05 Additional controls on Non-SCOMET items for dual use (Catch-all controls) If the exporter has been notified in writing by .....

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..... ements, to which India is a party, or adherent. This is including but not limited to the control lists of the Nuclear Suppliers Group, Missile Technology Control Regime, Australia Group (and its Warning List or Awareness Raising Guidelines) and Wassenaar Arrangement (and its Sensitive List and Very Sensitive List) as amended from time to time; II. Timeline for comments/NOC by IMWG members: The members of IMWG will endeavour to furnish their written comments/views/no objection to DGFT within 30 days from the date of forwarding of online application by DGFT (Hqrs.). If no comments/views/no objection is received within the stipulated period, the cases will be placed before IMWG for taking a decision as deemed appropriate. III. The IMWG shall normally meet once every month. 5[Where a case has been deferred in the IMWG meeting and subsequently comments/views /NOC(s) are received from all concerned agencies with no divergence in views, authorization shall be issued with the approval of Chairman, IMWG or any officer nominated by Chairman/DGFT (not below the rank of Deputy Director General of Foreign Trade/Under Secretary) and such cases shall be brought before IMWG in its subsequent m .....

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..... authorisation, the IMWG through relevant agency(ies) may verify exports made under repeat orders, based on an assessment of various factors. The approval will be subject to the fulfilment of the following criteria: (i) Same SCOMET items would imply that the products, along with the technical specifications, are exactly the same for which export authorisation has been issued to the applicant exporter earlier after due consultation/verification; (ii) Same country/entities would imply that (a) the foreign buyer (b) the consignee or the intermediaries, if any (c) the end user and (d) the end use are exactly the same for which export authorisation has been issued to the applicant exporter earlier after due consultation/verification; (iii) Only the applications submitted within three years from the date of Issue of original SCOMET authorisation, after due verification/consultation process, will be eligible for repeat authorisation; (iv) The cumulative quantity permitted against repeat export authorisations shall be commensurate with the operational capacity of the end user in respect of the relevant product, as certified by the end user. A certificate to this effect from the en .....

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..... t; ii. End-use/End-user Certificate from stockist entity abroad in Appendix-10J(iii) iii. List of countries (in the EUC) to which the items imported from India would be exported by the stockist; iv. Purchase Order(s)/Invoice(s) or a document in lieu thereof; v. Technical specifications of the product(s); vi. Copy of Internal Compliance Program (if applicant exporter/ stockist entity has one) In-principle approval for export to the stockist, and, for sale by stockist within the country of the stockist, and, for re-export by stockist to end user in other countries d. The application would be assessed for grant of authorisation for export to the stockist, and, for grant of in-principle approval for re-export to specified countries of ultimate end use approved by the IMWG; e. No authorisation would be required for transfer from the stockist to the ultimate end user(s) within the country of the stockist and for re-export to end users in such approved countries; f. Re-export to such approved countries would be subject to the export control regulations of the country of the stockist; g. Country would denote an independent sovereign entity which is a distinct national e .....

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..... end-users and inventory with the stockist, as on 31st December of each calendar year, by 31st January of the following year. A failure to do so may entail imposition of penalty and /or cancellation of authorisation under the stock and sale policy; m. The items exported to the stockist entity under the stock and sale authorisation should be transferred to the final end-user(s) within the validity period of the authorisation as in paragraph 10.17 of HBP; n. The authorisation may be revalidated as per the procedure mentioned in paragraph 10.20 of HBP; 10.11 Issue of export authorisation for spare parts of SCOMET items under Stock and Sale An applicant may also apply for export of spare parts, under stock and sale arrangement in the application for export of main item/equipment along with justification of the same. The request for export of spare parts covered under SCOMET may be considered by IMWG along with the application for the main item/equipment, on the same conditions, as applicable for the main item/component. The applicant needs to indicate the requirement of spare parts after judicious and reasonable assessment with justification thereof. 10.12 Issue of authorisations .....

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..... ting compliance: (a) Exported items shall be brought back to India within 90 days repair is completed or item is replaced or within the extended time, as allowed by the DGFT; (b) In case the defective/damaged item(s) cannot be imported due to any reason (beyond repair, testing failure analysis etc.), evidence of destruction in the importing country shall be submitted to DGFT within 90 days of export. (c) In case time beyond 90 days is required for repair of imported defective/damaged item(s) before re-import, permission from DGFT shall have to be obtained in advance indicating detailed justification for seeking extension of time. (d) Bill of Entry confirming the return back of such SCOMET item(s) to India shall be intimated by the licensee to the DGFT(Hqrs) in the prescribed proforma (Annexure-I of Appendix 10K), duly signed in ink and stamped by the authorised signatory. B. Authorisation for re-export of indigenous SCOMET items after repair/replacement: i. Conditions to be fulfilled: (a) The SCOMET items manufactured in India, were exported and brought back to India for repair or being replaced, on being found defective/damaged; (b) The items are to be re-exported af .....

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..... o be fulfilled: (a) The SCOMET items were imported to a designated/authorized repair facility in India for the purpose of repair under a contract agreement/Master Service agreement (MSA); or Imported under a contract agreement between Indian exporter, entities of repair facility (if different from exporter)and entity abroad defining 'Statement of Work (SOW)'/ 'Scope of Work' including conditions for undertaking repair in India; (b) The items are to be exported to the same entity abroad from which the item(s) has/have been imported or to the OEM (including agency2 authorised by OEM); (c) The repair of defective/damaged items is allowed under the conditions of import or contractual agreement between Indian exporter, entities of repair facility (if different from exporter) and the entity abroad/OEM (including agency authorized by OEM)(name and address); (d) There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair; (e) No Export Authorisation would be granted when the initial export authorisation has been suspended, modified or revoked by country of import; (f) No Export authorisation would be granted for UNSC sanctioned des .....

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..... ired to register and obtain General authorization for export after repair only once during the validity period. Subsequent export/re-export is subject to post reporting; d. The exporter is required to provide Bill of Entry for the imported item while applying for GAER for the first shipment. e. General authorization for export after repair shall be valid for a period of one year from the date of issue of General authorization subject to subsequent post reporting(s) within 30 days from the date of such export; f. Subsequent export would be allowed to the same entity and location to which the license has originally been issued. Note: Same entity would imply that (a) foreign buyer (b) consignee or intermediaries, if any (c) the end user are exactly the same for which authorisation has been issued to the applicant exporter. g. There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair and no value addition has been done during the repair work; h. No Export Authorisation would be granted when the initial export authorisation has been suspended, modified or revoked by country of import; i. No Export authorisation would be grante .....

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..... nt of the Indian Company/Vendor/Original Equipment manufacturer having contract with Indian Company) from which it was originally imported for repair and return purpose. c. That there has been no change to the original characteristics/specifications of the item(s) after import and no value addition has been done during the repair work; d. That the repair of defective/damaged items is allowed under the conditions of import or contractual agreement between Indian exporters and entities from which goods were imported. e. That Shipping Bills and Bill of Entry into destination country of subsequent re-exports and any other information as sought by DGFT shall be submitted to DGFT on quarterly basis. f. That items would not use for military applications or to develop, acquire, manufacture, possess, transport, transfer or use, chemical, biological, nuclear weapons or for missile capable of delivering such weapons. 4. Certified/approved Internal Compliance Programme or demonstrating compliance to the ICP of the foreign company or ICP certified by the compliance manager of that company. [only for intra-company transfers] 5. Authorized Economic Operator (AEO) Certification al .....

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..... mported SCOMET item(s) for demo/display/exhibition/ tenders/RFP/RFQ/NIT purposes abroad; and (ii) export of SCOMET item(s) imported for participation in demo/display/exhibition /tenders/RFP/RFQ/NIT in India, shall be made in prescribed proforma [ANF 10A] through online SCOMET portal along with other supporting documents, as required in the prescribed proforma. The application shall be considered by Chairman IMWG, on fulfilment of the following conditions: (A) Authorisation for export of indigenous/imported SCOMET item(s) for demo/display/exhibition /tender/RFP/RFQ/NIT abroad i. Conditions to be fulfilled: Authorisations 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 .....

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..... 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. g) 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 exported. h) All such authorisations shall be brought before IMWG in its subsequent meeting for confirmation of approval, on ex-post facto basis. Note : RFP refers to Request for Proposal; RFQ refers to Request for Quotation and NIT refers to Notice Inviting Tender. 10.14 Issue of export authorisations for re-export/return of imported SCOMET items to the same foreign entity or to its OEM (including agencies authorized by OEM) i. Conditions to be fulfilled: An application for grant of an Authorisation for re-export/return of imported SCOMET items to the foreign entity from which it has been originally imported or to its OEM(including agency authorized by OEM),for reasons such as obsolescence of technology of imported items; cancella .....

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..... y of foreign parent company or a subsidiary company of Indian company. ii. where the transfer fulfils the conditions mentioned at (a) to (h) below: a. The items/software/technology to be exported/re-exported is based on a Master Service Agreement / Contract between the Indian parent company/Indian subsidiary of foreign company and foreign subsidiary of Indian company/foreign parent company of Indian subsidiary for carrying out certain services but not limited to design, encryption, research, development, delivery, validation, calibration, testing, related services, etc.; Note 1: As a result of the service carried out by the Indian exporter in case of re-export, the items/software/technology should not undergo change in classification. Note 2: The list of services mentioned above is illustrative, not exhaustive. However, the final decision to approve a GAICT authorisation lies with the relevant authority. b. These items including software and technology are to be exported/re-exported to the countries listed in Table 1 below (entire supply chain including any third party should be in the countries listed in Table 1below); Table 1 Argentina, Australia, Austria, Belgium, Bu .....

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..... ts 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. Detailed description of the item intended to be exported with relevant technical details with specifications, such as model, part number, etc. and in case of software/technology, relevant details like encryption algorithm, key length, encryption functionality, eligibility under cryptography note etc. to be provided (if applicable); v. In case of third party involvement in the supply chain, a clear contract /service agreement/ Purchase order has to be furnished specifying SCOMET item description. vi. Certified/approved ICP of the Indian parent company or self-certified copy of the ICP of the foreign parent company being adopted by Indian subsidiary of foreign company along with an undertaking thereon; vii. Undertaking on the letterhead of the firm duly signed and stamped by the authorised signatory: a. .....

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..... ryat Form) -ANF 10C, ANF 10D and EUC Proforma Appendix 10J(iv) may be referred D. Record Keeping The exporter will be required to keep records of all the export documents, in manual or electronic form, in terms of Para 10.18 of HBP, for a period of 5 years from the date of GAICT issued by DGFT. E. General conditions a. GAICT would not 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 permission of DGFT with relevant details; d. IMWG shall reserve the right to deny issuance of authorisation GAICT .....

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..... e items that are intended to be exported under this authorization with relevant technical details/specifications. ii. End-user certificate (EUC) from all the entities involved in the supply chain (buyer, consignee, end user, and any other intermediary) on the letterhead (duly signed and stamped) is to be submitted before issuance of authorization. Subsequent EUC submissions for entities in the list of countries (as approved) will be subject to post-reporting requirements as mentioned at viii below.  iii. The list of countries where the export is expected to be done under GAET is to be provided by the applicant at the time of submission of the application. iv. Undertaking on the letterhead of the firm duly signed and stamped by the authorized signatory stating the following: 1. Any on-site inspection will be allowed by the applicant exporter if required by the DGFT or authorized representatives of the Government of India; 2. 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 .....

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..... t of a contract from the entity (buyer/consignee/end-user) receiving the items which state that the export is for a permitted use / an end-use as declared in the EUC before the actual export; 4. The documents submitted by the exporter must include the name, contact number and email ID of the authority signing the EUC before actual export.  5. Additional details, if any sought by DGFT 2. Post Reporting for export / re-export of items under GAET a. The Indian exporter shall submit post-shipment details of each export/re-export of SCOMET items under the above Categories/sub-categories under GAET for 3 years on quarterly basis (March/June/September/December) by the end of subsequent month of  each quarter, in respect of exports made in the previous quarter; b. In case of re-export of imported items, the additional documents as mentioned in 1.b.vii.(i) have to be submitted at the time of post reporting. c. Failure to do so may entail imposition of penalty and/or suspension/revocation of GAET. 3. Record Keeping The exporter will be required to keep records of all the export documents, in manual or electronic form, in terms of Para 10.18 of HBP, for a period of 5 ye .....

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..... the Inter-Ministerial Working Group (IMWG) based on the submitted application and other supporting documents submitted by the applicant exporter in the prescribed proforma including: i. Detailed description of the items that are intended to be exported under this authorization with relevant technical details/specifications; ii. End-user certificate (EUC) from all the entities involved in the supply chain (buyer,  consignee, end user and any other intermediary) on the letterhead (duly signed and stamped) is to be submitted before issuance of authorization. Subsequent EUC submissions for entities in the list of countries (as approved) will be subject to postreporting requirements as mentioned at viii below. iii. The list of countries where the export is expected to be done under GAEIS is to be provided by the applicant at the time of submission of the application. iv. Undertaking on the letterhead of the firm duly signed and stamped by the authorized signatory stating the following: 1. Any on-site inspection will be allowed by the applicant exporter if required by the DGFT or authorized representatives of the Government of India; 2. The applicant exporter declares th .....

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..... company. In case of any  additional sheet used along with the EUC, the same must be on the letterhead of the company and signed by the same person who signs the EUC 3. They have an agreement or purchase order, an excerpt of a contract from the entity (buyer/consignee / end-user) receiving the items which state that the export  is for a permitted use / an end-use as declared in the EUC before the actual export; 4. The documents submitted by the exporter must include the name, contact number and email ID of the authority signing the EUC before actual export. 5. Additional details, if any sought by DGFT.  2. Post reporting for export / re-export of items under GAEIS a. The Indian exporter shall submit post-shipment details of each export/re-export of SCOMET items under the above Categories/sub-categories under GAET for 3 years on quarterly basis (March/June/September/December) by the end of subsequent month of each quarter, in respect of exports made in the previous quarter; b. In case of re-export of imported items, the additional documents as mentioned in 1.b.vii.(i) have to be submitted at the time of post reporting. c. Failure to do so may entail impos .....

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..... ough online SCOMET portal and attach information in proforma-ANF-10A;] II. The application would be reviewed/examined for the issuance of GAEC by 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 authorisation 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; 1[ii. The applicant expo .....

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..... 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). D. Suspension / Revocation 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 non-compliance with the conditions of the proposed policy. 2[Para 10.16(A) - Procedure for grant of General Authorization for Export of Drones (GAED) A. Policy & Eligibility: SCOMET authorization will not be required, for export and/or re-export of Unmanned Aerial Vehicles including drones, remotely piloted air vehicles and autonomous programmable vehicles specified .....

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..... 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 delivery of their missile system, the exporter would not be eligible for GAED for export of that/those item(s) and would apply separately to DGFT fora 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. e. Certified / Approved Internal Compliance Programme (ICP) or demonstrating compliance to the ICP of the foreign parent company or ICP certified by the Compliance Manager of the company or certified by any Government agency such as Authorized Economic Operator (AEO) scheme etc. f. After issuance of GAED 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, on quarterly basis of such export in the prescribed format [Aayat Niryat Form (ANF) - 10G], along with the End-Use Certificate (EUC) in the prescribed proforma [Appendix 10J (i)] an .....

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..... 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 non-compliance with the conditions of the proposed policy.] 10.17 Validity Period of SCOMET Authorisations The validity period of SCOMET authorisations from the date of issue shall be as follows, unless specified otherwise S.No. Type of SCOMET Authorisation Validity Period 1 SCOMET Authorisation The validity period of the SCOMET authorisation shall be for a period of 24 months, unless otherwise specified. 2 SCOMET Authorisation issued under GAICT Policy GAICT authorisation issued for intra-company transfers of SCOMET items/software/technology shall be valid for a period of 3(three years) from the date of issue of authorisation and shall be further subject to the following validity timelines, whichever is earlier: i. Till the validity of license exception of foreign parent company ; or ii. Till the validity of license exception of foreign parent company for subsidiary(ies) of the parent company abroad; or iii. Till the validity of Master Service .....

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..... disclosure. 10.20 Revalidation of SCOMET Authorisation Export Authorisationfor SCOMET items may be revalidated, on merits for a period of six months at a time and maximum upto 12 months by the DGFT (Hqrs). An application for grant of revalidation may be made in prescribed proforma [ANF 10F] 30 days prior to the expiry of authorisation. The period of renewal of authorisation shall be counted from the date of actual expiry of authorisation. The total period of extension will not exceed 12 months. Revalidation to export authorisations issued for Technology/Software transfer under any category is not permitted. SCOMET Authorisations issued under GAEC, GAICT and GAER policy cannot be revalidated.     ------------------ Notes: 1. Agency can include' Approved Repair Centre' (facility approved by the original equipment manufacturer to repair the goods being exported under license). 2. Agency can include' Approved Repair Centre' (facility approved by the original equipment manufacturer to repair the goods being exported under license).     *************** NOTES:- 1. Substituted vide Public Notice No. 15/2023 dated 19-06-2023 before it was read as, "10.16 .....

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..... o the same entity and location abroad from which the item(s) has/have been imported; c. The exporter is required to register and obtain General authorisation for export after repair only once during the validity period. Subsequent export/re-export is subject to post reporting; d. The exporter is required to provide Bill of Entry for the imported item while applying for GAER for the first shipment. e. General authorisation for export after repair shall be valid for a period of one year from the date of issue of General authorisation subject to subsequent post reporting(s) within 30 days from the date of such export; f. Subsequent export would be allowed to the same entity and location to which the license has originally been issued. Note: Same entity would imply that (a) foreign buyer (b) consignee or intermediaries, if any (c) the end user are exactly the same for which authorisation has been issued to the applicant exporter. g. There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair and no value addition has been done during the repair work; h. No Export Authorisation would be granted when the initial export authoris .....

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..... ansport, transfer or use, chemical, biological, nuclear weapons or for missile capable of delivering such weapons. C. Post reporting for re-export of items/software/technology under GAER i. The Indian exporter shall submit post-shipment details of each transfer/consignment of exports of SCOMET items/software/technology under GAER to the SCOMET Division of DGFT (Hqrs), New Delhi, via E-mail ([email protected]) or a procedure as prescribed by DGFT, on quarterly basis (March/June/September/December), by the end of subsequent month of each quarter, in respect of the exports made in the previous quarter. ii. The post-shipment details shall include submission of Bill of Entry (wherever available), shipping bill details, valid export license copy within the timelines mentioned above. iii. Failure to do so may entail imposition of penalty and/or suspension/revocation of GAER and action as per FTDR Act. D. Suspension / Revocation GAER 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 reports /documents within the prescribed timelines or for noncompliance with the conditions of this .....

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