The Directorate General of Foreign Trade, operating under the Ministry of Commerce & Industry, Government of India, has issued a crucial notification, numbered 27/2023-DGFT, on August 28, 2023. This notification pertains to the SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) Updates for the year 2023. It introduces amendments to Appendix 3, which outlines SCOMET items, under Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018.
Detailed Subheading-wise Analysis:
1. Legal Authority and Context: The notification derives its legal standing from Section 5 and Section 14A of the Foreign Trade (Development and Regulation) Act, 1992. It is issued in conjunction with Para 1.02 and Para 2.01 of the Foreign Trade Policy 2023. This announcement is a manifestation of the government’s continuous efforts to regulate and facilitate foreign trade in alignment with policy objectives.
2. Amendment to Appendix 3: The primary focus of this notification is to amend Appendix 3, which enumerates SCOMET items, within the framework of Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018. The exact nature of the amendments is not provided in the document, but it is understood that these changes are intended to refine the classification and regulation of items falling under SCOMET categories.
3. Implementation and Transition Period: To facilitate a smooth transition for the industry, the notification stipulates that the changes shall come into effect after 30 days from the date of issuance. This provides stakeholders with a window to adapt to the new regulations and align their operations accordingly.
4. Accessibility of Updated Information: The updated version of Appendix 3 (SCOMET Items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018 will be accessible on the DGFT’s web portal. Specifically, it will be categorized under the “Regulatory Updates” section, with a sub-heading titled “Import, Export, and SCOMET policy.” This ensures that the amended regulations are easily accessible to all concerned parties.
5. Significance and Impact: The SCOMET Updates 2023 hold significant importance in terms of maintaining a robust regulatory framework for the export and import of sensitive goods and technologies. Such updates help the government stay abreast of evolving technological advancements and potential risks associated with specific items. They also play a crucial role in safeguarding national security and strategic interests.
Conclusion: The Government of India, through the Ministry of Commerce & Industry’s Directorate General of Foreign Trade, continues its commitment to enhancing and streamlining the trade ecosystem. The SCOMET Updates 2023 serve as a testament to the government’s vigilance in ensuring that trade activities are conducted within a structured and regulated framework. By amending Appendix 3 and keeping stakeholders informed through the DGFT’s web portal, the government reaffirms its dedication to transparency and effective governance in matters of foreign trade.
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Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Vanijya Bhawan
Notification No. 27/2023-DGFT | Dated: 28August, 2023
Subject: SCOMET Updates 2023 – Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2018.
S.O. 3816(E). In exercise of the powers conferred by Section 5 and Section 14A of the Foreign Trade (Development and Regulation) Act, 1992, read with Para 1.02 and Para 2.01 of the Foreign Trade Policy 2023, as amended from time to time, the Central Government hereby makes the amendment in Appendix 3 (SCOMET Items) to Schedule -2 of ITC (HS) Classification of Export and Import Items 2018, as enclosed in the Annexure to this Notification.
2. The updated Appendix 3 (SCOMET Items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items, 2018 as annexure to this notification would be uploaded on the web-portal of DGFT under heading “Regulatory Updates” and Sub-heading “Import, Export and SCOMET policy”.
3. In order to provide transition time to industry, this Notification shall come into effect after 30 days of the date of issuance.
Effect of this Notification:–
Annual SCOMET Update – 2023 has been notified to amend Appendix 3 (SCOMET Items) to Schedule-2 of ITC (HS) Classification of Export and Import Items, 2018.
(Santosh Kumar Sarangi)
Director General of Foreign Trade
and Additional Secretary to the Government of India
E-mail: [email protected]
[Issued from F. No. 01/91/171/37/AM10/EC(S)]
Note: Principal Notification No. 05 dated 24th April 2017, Notification No. 13 dated 28th June 2017, Notification No. 29 dated 21st September 2017, Notification No. 17 dated 3rd July 2018, Notification No. 04 dated 24th April 2019, Notification No. 10 dated 11th June 2020, Notification No. 47 dated 20.12.2021 and Notification No. 46 dated 30.11.2022