Executive Summary:
This public notice from the Directorate General of Foreign Trade introduces paragraphs 2.79A and 2.79B into the Handbook of Procedure 2015-2020, concerning SCOMET export permissions. It outlines new procedures for stock and sale exports and spare parts, aiming to streamline the export process. The notice is effective from February 3, 2016.
Key Points / Main Content:
Stock and Sale Export Permissions (Para 2.79A):
* Evaluation: Applications for SCOMET items for stock sale will be evaluated by the Inter-Ministerial Working Group (IMWG).
* Eligibility: Export is permitted from the principal company/wholly-owned Indian subsidiary to their foreign subsidiaries/principal company/warehouse.
* End-User Certificate (EUC): Requires an EUC for stock sale purposes.
* Further Transfer: For transfers within the same country, the stock sale entity must obtain EUCs from each link in the supply chain and forward them to the Indian applicant/licensee for submission to the DGFT for prior permission.
* Exemption: IMWG may waive the prior permission requirement based on risk assessment for sales/transfers within the same country.
* Retransfer: For re-transfer outside the country, the stockist must forward EUCs from all links in the supply chain to the Indian applicant/licensee for submission to the DGFT and prior permission.
Spare Parts Export Permissions (Para 2.79B):
* Consideration: The IMWG may consider export permission for spare parts covered under SCOMET along with the application for the main item/equipment.
* Application: Applicants seeking spare parts export permission should indicate the requirement in the main equipment application with proper justification.
Effect of the Public Notice:
* Bulk Export: Facilitates bulk export for multiple end-users from the stock point, subject to licensing authority permission for re-transfer to a definite end-user.
* Streamlined Process: Eliminates the need for separate applications for spare parts when applying for the main equipment.
* Reduced Costs: Aims to reduce transaction time and costs.
Impact Analysis:
Applicant/Licensee:
* Impact: New procedures for obtaining export permissions for stock and sale, and spare parts.
* Action Required: Follow the new guidelines for EUC submission, justification of spare parts requirements, and application processes.
Inter-Ministerial Working Group (IMWG):
* Impact: Responsible for evaluating applications under the new guidelines.
* Action Required: Evaluate applications based on the conditions outlined in the notice, including security and risk assessments.
Directorate General of Foreign Trade (DGFT):
* Impact: Authority for granting export licenses and permissions.
* Action Required: Implement the new procedures for stock and sale, and spare parts export permissions.
Stockist Entity:
* Impact: Responsible for obtaining End User Certificates for any further transfer of items.
* Action Required: Collect EUCs from each link in the supply chain and forward them to the Indian applicant/licensee for submission to the DGFT.
Key Entities Referenced
Foreign Trade Policy, 2015-20: A policy document issued by the Government of India related to foreign trade.
Director General of Foreign Trade: The head of the Directorate General of Foreign Trade, responsible for implementing foreign trade policy.
Handbook of Procedure 2015-2020: A document providing detailed procedures related to the Foreign Trade Policy 2015-2020.
SCOMET: Special Chemicals, Organisms, Materials, Equipment and Technologies. It refers to controlled items for export.
IMWG: Inter-Ministerial Working Group. A group responsible for evaluating/considering applications for SCOMET items export.
EUC: End User Certificate. A document required for export of SCOMET items, ensuring the item reaches the intended end user.
DGFT: Directorate General of Foreign Trade, the Indian licensing authority for export/import activities.
Mayapuri, New Delhi: Location of the Dte. of Printing at Government of India Press