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SYSTEM
SCOMET GUIDELINES AND PROCEDURES
Dual-use items are goods, software, technology, chemicals etc. which can be used for both civil
and military applications. Such items require an authorization for exporting out of the country.
India’s list of items which need an export license is known as the SCOMET list.
Yes, export of items in the SCOMET list is regulated as per India’s Foreign Trade Policy. Export
is either prohibited or is permitted under an authorization.
Appendix 3 of Schedule 2 of ITC (HS) Classification contains the control list of India which is
also referred to as the SCOMET list. You can go to the DGFT website to see the complete list. The
link for the same is:
In the list as appearing in Appendix 3 of Schedule 2 of ITC (HS) Classification, SCOMET items
are listed under eight (8) categories as follows:
http://dgft.gov.in/Exim/2000/NOT/itc(hs)/Eschedule2.pdf
http://dgft.gov.in/Exim/2000/NOT/NOT16/noti0516.pdf
http://dgft.gov.in/Exim/2000/NOT/NOT13/not11613.pdf
http://dgft.gov.in/Exim/2000/NOT/NOT13/not2613.htm
http://dgft.gov.in/exim/2000/not/not12/not_annex3712.pdf
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Relevant Notifications/Public Notices/Circulars for SCOMET are:_
Application for grant of Export Authorisation has to be made to DGFT through an online
system. Please visit the DGFT website at http://dgft.gov.in. Firstly, you should read the detailed
guidelines and get all the required documents before making the application.
The following documents need to be uploaded online while making the application.
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(i) End Use-cum-End User Certificate(s)(EUC) from all the firms/entities involved in the
supply chain of the product(s) (to be furnished on their letter head duly signed by the
authorised signatory);
(ii) Copy(ies) of Purchase Order(s) of firm(s) involved in the supply chain of the
item/product;
(iii) Aayat Niryat Form (ANF)-1 (Profile of Exporter);
(iv) Elaborate technical specification relating to item of export;
(v) Copy(ies) of supply contract/agreement {if documents are bulky only the relevant portion
containing contract reference and parties to the contract and the portion indicating the
item(s) to be supplied and quantity thereof not exceeding 10 pages shall be uploaded);
(vi) Copy of DGFT authorization letter for the same product, if any in case of application for
repeat orders;
Hard copy (Paper copy) of the following documents are required to be submitted to DGFT
(HQ):
You need to first make an application to DGFT, Headquarters for obtaining the approval for
issuance of license. All applications for licence for export of SCOMET items are considered on
case-by-case basis by an Inter-Ministerial Working Group (IMWG) in the DGFT under the
Chairmanship of Additional Director General of Foreign Trade as per guidelines and criteria
laid down in Para 2.49 of the Handbook of Procedure Vol. 1. Once the case is approved by the
IMWG, permission letter is issued to the exporter for obtaining export authorization from the
concerned Zonal/Regional office of the DGFT.
9. Is an authorization required even for export of SCOMET items for display or exhibition
purposes?
No export authorisation is required for supply of SCOMET items from DTA to SEZ. However,
all supplies of SCOMET items from DTA to SEZ will be reported to the Development
Commissioner of the respective SEZ by the supplier.
Export authorisation is, however, required if the SCOMET items are to be physically
exported outside the country from SEZ i.e. to another country (Refer Rule 26 of the SEZ
Rules, 2006).
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11. Do I need an authorization to supply SCOMET Items from SEZ to any other country?
Export permission is required if the SCOMET items are to be physically exported outside
the country from SEZ i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006).
(Inserted vide Notification No.93(RE-2010)/2009-14 dated 6.1.2012)
12. What is the procedure for Applications for entering into an arrangement or understanding for
Site Visits, On-site Verification and Access to Records / Documentation?
An application shall be made in ANF 2P to DGFT (Hqrs.), New Delhi along with documents
prescribed therein. These applications shall be considered by an Inter-Ministerial Working
Group (IMWG) in DGFT (Hqrs.) for grant of approval.
Applications for grant of authorisations for repeat orders for export of SCOMET items shall be
considered by IMWG on automatic basis. However, only the applications submitted within two
years from the date of approval by IMWG of the original SCOMET authorisation will be eligible
for repeat authorisation.
It is also subject to other conditions i.e All of the following should be the same i.e. (a) the
product along with the technical specification (b) the exporter (c) the foreign buyer (d) the
consignee or the intermediaries, if any (e) the end user (f) the end use and (g) the country of
destination.
Moreover, the permitted quantity against repeat export authorisations shall not be more than
two times of the quantity in original authorisation, subject to the annual manufacturing
capacity of the end user in respect of the relevant product, as certified by the end user.
14. What are the restrictions on export of chemicals as per SCOMET list?
15. Can I get an advance authorization where the export item is a SCOMET item?
Yes. As per para 4.27 of the HBP 2015-20, the export of SCOMET items shall not be
permitted against an Authorisation until and unless the requisite SCOMET Authorisation is
obtained by the applicant.
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16. Can I get export permission for “stock and sale” purpose?
Yes, but Export shall be permitted only from the principal company/the wholly owned
subsidiary in India to their subsidiaries/principal company/warehouse abroad on the basis of
an EUC from the latter for ‘stock & sale’ purposes, when considered appropriate from the point
of view of security and other critical consideration.
Please go through Public notice no. 60 dated 03.2.2016 regarding “Export permission for 'Stock
& Sale' purpose”. The link is http://dgft.gov.in/Exim/2000/PN/PN15/pn6016.pdf
17. What is the requirement for export for spare parts for SCOMET items?
Request for export permission for spare parts covered under SCOMET may be considered by
IMWG along with the application for the main item/ equipment. Applicant may indicate the
requirement of spares after judicious and reasonable assessment thereof, and provide the
justification for the same.
Yes, there is a validity period of the license. It can be extended for six months at a time and
maximum upto 12 months through revalidation by DGFT regional office on the approval of
DGFT Headquarters.
Yes, a No Objection Certificate (NOC) from Department of Defence Production is required for
Export of Military Stores.
Check out the list here:- http://dgft.gov.in/Exim/2000/NOT/NOT13/not11513.pdf
20. Where can I find the Standard Operating Procedure (SOP) for issue of No Objection Certificate
(NOC) for Export of Military Stores?
21. Where can I find the detailed guidelines for filling up the online application?
The guidelines can be read on page 6 of this document. The details on how to use and navigate
through the software are also available on the DGFT website.
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'Stock & Sale' purpose and 15/pn6016.pdf
for export of spare parts
Notification no. 116 13.3.2015 Updation of SCOMET list http://dgft.gov.in/Exim/2000/NOT/
NOT13/not11613.pdf
Notification no. 115 13.3.2015 Export of Military Stores http://dgft.gov.in/Exim/2000/NOT/
NOT13/not11513.pdf
Notification no. 26 3.7.2013 Updation of SCOMET list http://dgft.gov.in/Exim/2000/NOT/
NOT13/not2613.htm
Notification no. 37 14.3.2013 Updation of SCOMET list http://dgft.gov.in/Exim/2000/NOT/
NOT12/not3712.htm
23. What are the penalties for exporting SCOMET items without an authorization?
Section 14E of the Foreign Trade (Development & Regulations) Amendment Act, 2010
delineates the offences and penalties:-
(1) In case of a contravention relating to specified goods, services or technologies, the penalty
shall be in accordance with the provisions of the Weapons of Mass Destruction and their
Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005).
(2) Where any person contravenes or attempts to contravene or abets, any of the provision(s)
of this Chapter in relation to import or export of any specified goods or services or technology,
he shall, without prejudice to any penalty which may be imposed on him, be punishable with
imprisonment for a term stipulated in the Weapons of Mass Destruction and their Delivery
Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005).
(3) No court shall take cognizance of any offence punishable under this Chapter without the
previous sanction of the Central Government or any officer authorised in this behalf by the
Central Government by general or special order.]
24. What are the penalties specified in the WMD Act, 2005?
Sections 14 to 22 are relevant for understanding penalties and offences under the WMD
Act, 2005. They can be briefly summarized as follows. For the legal version, see the WMD
Act, 2005.
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with fine which shall not be less than three lakh rupees and which may
extend to twenty lakh rupees.
If any person is again convicted of the same offence under subsection (1),
then he shall be punishable for the second and every subsequent offence
with imprisonment for a term which shall not be less than six months but
which may extend to five years and shall also be liable to fine.
Punishment for violation of other provisions of the Act.-
o Where any person contravenes, or abets or attempts to contravene, any provision
of this Act other than the provisions under sections 8, 9, 10 and 13(4) of this Act, he
shall be punishable with imprisonment for a term which shall not be less than six
months but which may extend to five years and shall also be liable to fine.
o For the second and every subsequent offence with imprisonment for a term which
shall not be less than one year but which may extend to seven years and shall also
be liable to fine.
Penalty for using false or making forged documents, etc. Punishable with fine which shall
not be less than five lakh rupees or five times the value of the materials, equipment,
technology or services, whichever is more.
Punishment for offences with respect to which no provision has been made. Punishable
with imprisonment for a term which may extend to one year, or with fine, or with both.
Section 20 of the WMD Act, 2005 clarifies this. It says that where an offence has been
committed by a company, every person who at the time the offence was committed was in
charge of, and was responsible to, the company for the conduct of the business of the company
as well as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly. For the legal version, see WMD Act, 2005
Section 14C of the FTDR Act, 1992 as amended deal with Catch-all controls. It says that no
person shall export any material, equipment or technology knowing that such material,
equipment or technology is intended to be used in the design or manufacture of a biological
weapon, chemical weapon, nuclear weapon or other nuclear explosive device, or in their
missile delivery systems.
Para 2(m) of the Foreign Trade (Development & Regulations) Amendment Act, 2010
defines technology as follows:-
(a) when technology is described wholly or partly by reference to the uses to which it (or
the goods to which it relates) may be put, it shall include services which are provided
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or used, or which are capable of being used in the development, production or use of
such technology or goods;
(b) “public domain” shall have the same meaning as assigned to it in clause (i) of section 4
of the Weapons of Mass Destruction and their Delivery System (Prohibition of
Unlawful Activities) Act, 2005 (21 of 2005).]
Note:- Clause (i) of section 4 of WMD Act, 2005 defines Public Domain as
Section 13(2) and 13(3) of the WMD Act, 2005 provide restrictions on transfer of technology.
Section 13(2) clarifies that any transfer of technology of an item whose export is prohibited
under this Act or any other relevant Act relating to relevant activity shall be prohibited. Note
that it talks about “transfer of technology” and not “export of technology”. Section 13(3)
specifies that when any technology is notified under this Act or any other relevant Act, as being
subject to transfer controls, the transfer of such technology shall be restricted to the extent
notified thereunder.
Transfer of technology may take place through either or both of the following modes of
transfer, namely:-
Hence, transfer of controlled technology to foreign nationals is barred by any person who is a
citizen of India, or any person who is a resident in India even if it happens outside India.
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GUIDELINES FOR FILLING ONLINE APPLICATION
1. The following documents are to be uploaded along with online application to enable
electronic processing of such applications:
(i) End Use-cum-End User Certificate(s)(EUC) from all the firm/entities involved in the
supply chain of the product(s) (to be furnished on their letter head(s) duly signed by
the authorised signatory);
(ii) Copy(ies) of Purchase Order(s) of firm(s) involved in the supply chain of the
item/product;
(iii) Aayat Niryat Form (ANF)-1 (profile of Exporter);
(iv) Elaborate technical specification relating to item of export;
(v) Copy(ies) of supply contract/agreement {if documents are bulky only the relevant
portion containing contract reference and parties to the contract and the portion
indicating the item(s) to be supplied and quantity thereof not exceeding 10 pages shall
be uploaded);
(vi) Copy of DGFT authorization letter for the same product, if any in case of repeat
application;
2. Hard copy of the following documents are required to be submitted to DGFT (HQ):
(i) Original End Use-cum-End User Certificate (EUC);
(ii) Copies of Bills of Entry into the destination country for items exported during the
last one year.
Original End User certificate (in the prescribed format Appendix 2S on letter head of all
entities in the chain of supply viz. the foreign buyer, the end user and
intermediaries/consignee (if they are different from the foreign buyer and end user)
indicating complete details of the export product, end product, end purpose for which the
item of export will be used by end user and complete address and telephone no. of end user
must be furnished along with original application. End User Certificate from the following
must also be submitted:
4. Bills of Entry(BEs)
(i) Bills of Entry(BEs) into the destination country for items exported during the last
one year as per information in column No. 3 of the application. In Col. 3 details of
exports are to be given for last 3 years. However, BEs for the last 1 year only are to
be submitted.
(ii) BEs as above are to be submitted with the 1st application of the financial year only.
From the 2nd application onwards, the exporter shall make a reference in the
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forwarding letter that the BEs have been submitted with the 1st application giving
DGFT’s File No. of 1st application. Copy of the forwarding letter of 1st application to
be attached with every subsequent application.
5. While filling ANF 2O in the online application, care should be taken to ensure the
following:-
(i) Category of the items proposed to be exported as per Appendix 3 of ITC (HS)
Classifications of Export and Import Items should be clearly mentioned.
(ii) Port of discharge and route must be clearly defined. Route/mode of transport
cannot be changed after export licence has been issued.
(iii) Against column 6A, 6B & 6C, complete address should be given.
(iv) All columns must be filled correctly and completely.
(v) Details of the item(s) given in ANF 2O, End User Certificate(s) and Purchase
Order(s) must match completely.
(vi) If a third party or contractor is involved, details of Contract or Agreement between
the Foreign Buyer and End User with third party must be submitted, along with
copy of contract or agreement.
(vii) IEC must not be in Denied Entity List
A detailed step by step guide for filling the online SCOMET application is available on the
DGFT website (dgft.gov.in) under the ‘Help’ option which can be accessed as follows:-
1. Go to DGFT website. On the LHS menu, click on ‘Help’.
2. Click on option ‘Licensing Schemes’ and then ‘SCOMET Help’. Screen by screen help will
open.
3. Go through this entire guide before proceeding to fill in the application.
Link: http://dgft.gov.in/ecommerce/scomet/scomet%20help.htm
On the DGFT website, application form ANF 2E is available under the icon ‘ECOM
Application’ and can be accessed as follows:
i. All columns must be filled correctly and completely. No column is to be left blank. If
information is not applicable, ‘Not Applicable’ may be filled in the space provided.
ii. Where FOB value has to be filled, if the export does not have a commercial value,
‘00.00’ may be filled.
iii. Drop down lists have been provided wherever possible. Where no drop down list
has been provided, requisite details must be filled in correctly in the space
provided.
A check list for ‘Uploaded documents’ has been provided at the end of the application.
Please tick whichever document has been uploaded.
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‘Master’ screen:
(vi) FOB in Rupees and in relevant currency need not be filled in the ‘Master’
screen. This detail in ‘Master’ screen will get automatically populated once the same
is filled in the ‘Item of Export’ screen.
(vii) Fill in details in all columns on this screen. Then click on buttons/options
given on the right side of this screen. Relevant screens will open. Proceed to fill each
one.
(ix) Space has been provided to fill in the details of maximum of six (6) items of
export. If items are more than six (6), details must be uploaded as extra sheet
in the same format as on the screen.
(x) For Previous Exports, drop-down menu for year has been provided. Select
the respective year and fill in details.
(xi) A drop down list has been provided for Foreign Buyer/Consignee/End-
User. Choose each one from the drop-down list and fill details of each separately.
(xii) Complete address should be given in respect of the Foreign Buyer, the
Consignee and the End User.
(xiii) Filling ‘Bank details’ is mandatory. For applications where the consignment
has no commercial value (e.g. blood samples etc.,) ‘Not Applicable’ must be filled in
all columns under ‘Bank Details’.
(xiv) Giving details of IBAN, SWIFT Code and IFSC Code is mandatory. If IBAN is
not used in the country to which item is to be exported i.e. IBAN is not available, this
may be mentioned. For example, if items are to be exported to South Korea and
IBAN is not used in that country ‘IBAN not used in South Korea’ must be filled.
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Commonly made mistakes in the applications
a) The details in column 3 i.e details of exports of SCOMET items in past 3 years are incompletely
filled or not filled.
b) In column 4, in section(iii) mention the destination of the consignee while in section (iv)
mention the country of the final end-user.
c) In column 6, the details in 6A, 6B and 6C all need to be filled even if they are the same i.e. buyer,
consignee and end-user are the same. In case the item is not being supplied directly from the
consignee to the end-user, all such entities need to be mentioned in column 6C.
d) Against column 6A, 6B & 6C, complete address should be given.
e) In case of repeat order applications, in column 8 all the details need to be filled clearly.
f) Sometimes Technical specifications mentioned are too generic and do not have requisite
details. Please provide detailed technical specifications.
g) Details of export items given in the online application (ANF 2E), End User Certificates and
Purchase Orders must match completely.
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End-Use and End-User Certificate Format as per Appendix 2S
APPENDIX- 2 S
END USE CUM END USER CERTIFICATE IN CASE OF EXPORT OF SCOMET ITEMS
[TO BE SUBMITTED BY ALL ENTITIES IN THE CHAIN OF SUPPLY VIZ. THE FOREIGN BUYER, THE
END USER & INTERMEDIARIES/CONSIGNEE (IF THEY ARE DIFFERENT FROM THE FOREIGN
BUYER AND END USER). THIS CERTIFICATE SHALL BE ISSUED ON THE LETTERHEAD OF
RESPECTIVE ENTITY
I/we further certify that the items detailed in the referenced purchase order shall not be used for
any purpose other than the purpose (s) stated above and that such use shall not be changed nor the
items modified or replicated without the prior consent of the Government of India. And further, if
required, post installation verification shall be allowed.
The end-user shall not himself, or through another, cause the items, or replicas, or derivatives
thereof to be re-trans ferred / sold without the consent of the Government of India, to any party
within (name of the country)___________________________________ or outside it.
I/We also certify that the above items imported by us shall not be used for any purpose that relate
to the development of Weapons of Mass Destruction.
I/we also certify that all the facts contained in this certificate are true and correct to the best of my
knowledge and belief and that I/we do not know of any additional facts that are inconsistent with
this certificate.
E-mail:___________________________
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Contact Information:
Exporters wishing to apply for licence for export of SCOMET items are advised to go through the
provisions of Foreign Trade Policy as detailed above. However, in case of any further
information/clarification please contact:
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