Executive Summary:
This public notice amends Paragraph 10.13 of the Handbook of Procedures (HBP) 2023, effective immediately. The amendment introduces provisions for the export of SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) items for testing and evaluation purposes. It outlines specific conditions and documentation requirements for such exports, focusing on temporary exports and preventing technology transfer.
Key Points / Main Content:
* **Amendments to Paragraph 10.13A:**
* The title is revised to "Authorization for export of indigenous/imported SCOMET items for display/exhibition/tender/RFP/RFQ/NIT abroad."
* Legal Undertaking on stamp paper as prescribed by the State Government from Appendix 10K is required.
* The timeframe for returning exported items to India is extended from 90 to 120 days after the event.
* **Amendments to Paragraph 10.13B:**
* The title is revised to "Authorisation for export of imported SCOMET items after participation in demo/display/exhibition/tenders/testing/evaluation/RFP/RFQ/NIT in India."
* Bill of entry containing details of the items being exported after completion of DemoDisplayExhibitiontenderRFPRFQNIT; TestingEvaluation RFPRFQNIT is required
* **Addition of Paragraph 10.13C: Export for Demonstration, Testing, and Evaluation:**
* Authorizations for export of SCOMET items (excluding Category 0, 1, 2, and 6 or Technology or Software) for demonstration, testing, and evaluation abroad will be considered by Chairman IMWG.
* Exports must be temporary, with no commercial transactions.
* No End User Certificate is needed.
* No exchange or disclosure of information that could lead to technology transfer is allowed.
* Exports to UNSC sanctioned destinations or high-risk countries are prohibited.
* Additional documents required (as per Appendix 10Gi):
* Justification for testing and evaluation, including consent from relevant agencies.
* Invitation letter or document authenticating the event or purpose of participation, schedule, and location.
* Documents confirming participation of applicant in the event Demonstration Testing Evaluation
* Undertaking from the applicant firm stating:
* Purpose of export, details of invitee along with schedule and specific location of event
* Details of items to be exported for Demonstration, Testing and Evaluation, along with their SCOMET Category Subcategory numbers, quantity and item description
* Items will remain in the exporter's custody.
* Items will be returned to India within 120 days after the event.
* Bill of Entry confirming the return of items will be submitted within 2 months of import date.
* If items are consumed or destroyed, proof from the testing agency will be submitted within 2 months.
* If the items are consumed, then the Indian exporter shall submit the End User Certificate to that effect.
* No technical value addition during testing and evaluation.
* Legal Undertaking signed and stamped in format Appendix 10K.
* Chairman, IMWG will approve applications after verifying the credentials of the event organizer/testing or evaluation agency.
Impact Analysis:
* **Exporters of SCOMET Items:**
* *Impact:* New provisions and procedures for exporting SCOMET items for testing and evaluation purposes.
* *Action Required:* Comply with the conditions outlined in Paragraph 10.13C, including providing necessary documentation and ensuring temporary export status.
* **Directorate General of Foreign Trade (DGFT):**
* *Impact:* Responsible for implementing and overseeing the amended procedures.
* *Action Required:* Enforce the new regulations and potentially provide guidance to exporters on compliance.
* **Inter-Ministerial Working Group (IMWG):**
* *Impact:* Chairman IMWG is responsible for considering applications for export authorizations under the new provisions and is required to verify the credentials of the event/organisation.
* *Action Required:* Review and approve applications based on the outlined criteria.
Key Entities Referenced
Handbook of Procedures: A document containing procedures related to foreign trade, specifically referenced in the context of amendments to Paragraph 10.13.
Foreign Trade Policy FTP 2023: A policy document governing foreign trade, under which the Director General of Foreign Trade exercises powers to make amendments.
Directorate General of Foreign Trade: The organization, headed by the Director General of Foreign Trade (DGFT), responsible for implementing the Foreign Trade Policy and making amendments to the Handbook of Procedures.
SCOMET: Stands for Special Chemicals, Organisms, Materials, Equipment and Technologies. SCOMET List contains items that are export controlled.
IMWG: Inter-Ministerial Working Group. Chairman IMWG is responsible to consider Authorizations for export of items in SCOMET List
Appendix 10K: A prescribed proforma for Legal Undertaking.
New Delhi: Location of Directorate General of Foreign Trade, Vanijya Bhawan. Union Territory of Delhi
Vanijya Bhawan: Office location of Directorate General of Foreign Trade in New Delhi.
Annexure: Draft Public Notice for amendments in Para 10.13 of Handbook of Procedures
(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
Vanijya Bhawan, New Delhi
Public Notice No. /2025-26
New Delhi, Dated , 2025
Subject: Amendment in Paragraph 10.13 of HBP 2023 – Export of SCOMET Items for ‘Testing and
Evaluation’ purposes- reg
S.O(E): In exercise of the powers conferred under Paragraph 1.03 & 2.04 of the Foreign Trade Policy
(FTP) 2023, as amended from time to time, the Director General of Foreign Trade (DGFT) hereby makes
the following amendments in Paragraph 10.13 of Handbook of Procedures (HBP) 2023, with immediate
effect -
HBP Para Existing Text Revised Text
10.13(A) Title Authorisation for export of Authorization for export of
indigenous/imported SCOMET item(s) indigenous/imported SCOMET item(s) for
fordemo/display/exhibition/tender/RFP display/exhibition/tender/RFP/RFQ /NIT
/ RFQ/NIT abroad. abroad.
10.13(A).i Authorizations for export of items in Authorizations for export of items in
SCOMET List (other than those under SCOMET List (other than those under
Category 0, 1, 2 and 6 or ‘Technology’ or Category 0, 1, 2 and 6 or ‘Technology’ or
‘Software’ in any category) solely for ‘Software’ in any category) solely for
purposes of (a) Demo (b) Display (c) purposes of (a) Display (b) Exhibition (c)
Exhibition (d) Tenders/RFP/RFQ/NIT shall Tenders/RFP/RFQ/NIT shall be considered
be considered by Chairman IMWG, on by Chairman IMWG, on the following
the following conditions: a-g conditions:
10.13.A.h. Legal Undertaking on the stamp paper of Legal Undertaking on the stamp paper (as
Rs. 200/-, in prescribed proforma prescribed by the State Government from
(Appendix 10K); where the Legal Undertaking is executed)
in prescribed proforma (Appendix 10K);
10.13(A).ii. Return of item(s) and post-reporting Return of item(s) and post-reporting
compliance: compliance:
(a) Exported items shall be brought back (a) Exported items shall be brought back toto India within 90 days after the event India within 120 days after the event gets
gets over or within the extended time, as over or within the extended time, as
allowed by the DGFT; allowed by DGFT;
10.13(B) Authorisation for export of imported Authorisation for export of imported
Title SCOMET items after participation in SCOMET items after participation in
demo/display/exhibition/tenders/ demo/display/exhibition/tenders/testing/ev
RFP/RFQ/NIT in India. aluation/RFP/RFQ/NIT in
India.
10.13(B.a) The SCOMET item(s) were imported in The SCOMET item(s) were imported in India
India for the purpose of for the purpose of demo/display/
demo/display/exhibition/tender/RFP/RFQ/exhibition/tender/testing/evaluation/
/NIT under a contract agreement RFP/RFQ/NIT under a contract agreement
between Indian exporter and between Indian exporter and supplier/OEM
supplier/OEM(including agency (including agency authorized by OEM);
authorized by OEM);
10.13(B.e) i. Proof of import of item(s): i. Proof of import of item(s):
Appendix 10H(i) a. Bill of entry containing details of the a. Bill of entry containing details of the
items being exported after completion of items being exported after completion of
Demo/Display/Exhibition/ Demo/Display/Exhibition/tender/
tender/RFP/RFQ/NIT; Testing/Evaluation/ RFP/RFQ/NIT.
b. Export License (if applicable) issued by b. Export License (if applicable) issued by
the foreign country for original import of the foreign country for original import of
the items to India; the items to India;
c. Documentary evidence and/or self-
declaration confirming that the item
imported for this purpose is either exempt
from export licensing requirements in the
country of origin or has complied with the
license requirement for export to India.
Appendix - No technical value addition has been done
10H(iii)(g) during the testing and evaluation.
2. A new Paragraph 10.13(C) is inserted in the HBP 2023 as under:
10.13(C) Authorization for export of indigenous/imported SCOMET item(s) for
Demonstration, Testing and Evaluation abroadAuthorizations 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)Demonstration, (b)
Testing, and (c) Evaluation 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(s) should be commensurate with the nature of export items and
the purpose for which the application is being made.
e. There shall not be any exchange/disclosure of information which could lead to transfer
of technology.
f. No export authorisation would be granted for UNSC sanctioned destinations or
countries /entities of high risk, as assessed by the IMWG, from time to time.
g. The application is accompanied with the following additional documents {depending
on whichever is applicable as per Appendix 10G(i)}:
i. Proof of event (Demonstration, Testing and Evaluation)
a. Justification for testing and evaluation of the item(s) along with
proof of consent from respective agencies are to be submitted.
(as applicable)
b. Invitation letter/any other document (as applicable) to
authenticate:
i. the event or purpose of participation.
ii. schedule (in case dates not decided, probable time
period).
iii. specific location of event [venue, city, country etc.]
ii. Proof of participation:
Documents confirming participation of applicant in the event (Demonstration/
Testing/ Evaluation)
iii. An undertaking from the applicant firm:
An Undertaking on the letter head of the firm duly signed and stamped by the
authorized signatory stating:
a. Purpose of export, details of invitee along with schedule and specific
location of event
b. Details of items to be exported for Demonstration, Testing and
Evaluation, along with their SCOMET Category /Sub-category number(s),
quantity and item description.c. that the exported items will be in the custody of the exporter during the
entire period of export;
d. that the exported items shall be brought back to India within 120 days
after the event gets over or within the extended time, as allowed by
DGFT;
e. that the Bill of Entry confirming the return back of the exported items to
India shall be submitted to DGFT within 2 months of the date of import.
f. if the items are consumed or destroyed during demonstration, testing
and evaluation, proof of the same from the testing/concerned agency
will be submitted within 2 months of the date of
destruction/consumption.
g. In case the items are consumed, then the Indian exporter shall submit
the End User Certificate to that effect.
h. No technical value addition is being done in the item during testing and
evaluation.
(iv) Legal Undertaking signed and stamped in format Appendix 10K.
h. No technical value addition of the export item will be allowed during testing and
evaluation.
i. Applications for grant of authorizations shall be approved by Chairman, IMWG after
verifying the credentials of the event/organizer/testing or evaluation agency.
Effect of this Public Notice: Provision for Export of SCOMET Items for ‘Testing and Evaluation’
purposes is included under Para 10.13(C) of HBP 2023 with immediate effect.
Director General of Foreign Trade
Ex-officio Additional Secretary to the Government of India
E-mail: dgft@nic.in
(Issued from F.No.01/91/180/18/AM-17/EC)