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Amendment to Paragraph 2.72 (b) of Handbook of Procedures of FTP 2015-20

If the exporter has been notified in writing by DGFT or he knows or has reason to believe that an item not covered in the SCOMET list has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in missile system or military use (including by terrorists and non-state actors), he shall apply for a SCOMET license

(To be Published in the Gazette of India Extraordinary Part I Section I)

Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan

Public Notice No. 27/2015-20

New Delhi, Dated the 21 September, 2017

Subject:- Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20.

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 amendments in Paragraph 2.72 (b) of the Handbook of Procedures (HBP) of FTP 2015-20 read with Public Notice No 4/2015-20 dated 24th April 2017, with immediate effect:

The revised Paragraph 2.72 (b) of the HBP of FTP 2015-20 would be substituted to read as under:-

‘(b) If the exporter has been notified in writing by DGFT or he knows or has reason to believe that an item not covered in the SCOMET list has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in missile system or military use (including by terrorists and non-state actors), he shall apply for a SCOMET license. The export of such an item may be denied or permitted as per the procedure provided for SCOMET items in Paragraph 2.73.

Note: “Military use” shall mean incorporation into items listed in SCOMET Categories 5D or 6 or for the use, development, or production of military items listed in these categories.’

2. Effect of this Public Notice:

Paragraph 2.72 (b) of the Handbook of Procedures of FTP 2015- 20 has been amended to include definition of ” Military use’ in the context of catch-all controls in exports.

(Alok Vardhan Chaturvedi)

Director Genera of foreign Trade

E-mail: dgft@nic.in

(Issued from F.No.01/91/171/ 73/AM10/EC)

Categories: DGFT
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