COMPLIANCE ALERT: India Establishes "Military Use" Controls on Non-Listed Goods and Techno
On September 21st, India issued Public Notice No. 27/2015-2020 which served to revise the Foreign Trade Handbook of Procedures Paragraph 2.72(b) and institute Indian "catch-all" controls on non-listed items bound for a WMD or military end-use.
The Handbook, Paragraph 2.72(b) now reads as follows: "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 or in missile systems 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."
"Military use" is defined in the notice as: "the incorporation into items listed in SCOMET Categories 5D and 6 or for the use, development, or production of military items listed in these categories." Notification No. 29 also defines "military use" and adds a definition of the term to the SCOMET Glossary of terms.
