MANU/DGFT/0048/2024

Ministry : Ministry of Commerce and Industry

Department/Board : DGFT

Public Notice No. : 52/2023

Date : 27.03.2024

Notification of procedure for General Authorisation for Export of Telecommunication items (GAET) under Category 8A5 Part I of SCOMET

In exercise of the powers conferred under Paragraph 1.03 and 2.01 of the Foreign Trade Policy (FTP) 2023 as amended from time to time, the Directorate General of Foreign Trade (DGFT) hereby makes the following amendment to Chapter 10 of Handbook of Procedures (HBP) 2023 with immediate effect:

Para 10.15(1): General Authorization for Export of Telecommunication-related items under SCOMET Category 8A5 Part 1 (GAET)

Export of indigenous/imported SCOMET items (Telecommunication items under SCOMET Category 8A5 Part 1) will be allowed based on a one-time General Authorization (GAET) subject to the following conditions:

1. Policy & Eligibility: SCOMET authorization will not be required, for the export and/or re-export of Telecommunication items (excluding technology and software) under SCOMET Category 8A5 Part 1 (except items listed in Annexure-I) subject to the following conditions:

a. The applicant exporter shall submit an application for getting a one-time license under GAET through the online SCOMET portal and attach the information in the prescribed proforma;

b. The application would be reviewed/examined for the issuance of GAET by the Inter-Ministerial Working Group (IMWG) based on the submitted application and other supporting documents submitted by the applicant exporter in the prescribed proforma including:

i. Detailed description of the items that are intended to be exported under this authorization with relevant technical details/specifications.

ii. End-user certificate (EUC) from all the entities involved in the supply chain (buyer, consignee, end user, and any other intermediary) on the letterhead (duly signed and stamped) is to be submitted before issuance of authorization. Subsequent EUC submissions for entities in the list of countries (as approved) will be subject to post-reporting requirements as mentioned at viii below.

iii. The list of countries where the export is expected to be done under GAET is to be provided by the applicant at the time of submission of the application.

iv. Undertaking on the letterhead of the firm duly signed and stamped by the authorized signatory stating the following:

1. Any on-site inspection will be allowed by the applicant exporter if required by the DGFT or authorized representatives of the Government of India;

2. The applicant exporter declares that the items that are intended to be exported shall not be used for any purpose other than the purpose(s) stated in the EUC and that such use shall not be changed nor the items modified or replicated without the prior consent of the Government of India.;

3. The applicant exporter declares that subsequent to the issuance of export authorization, if the licensee has been notified in writing by DGFT or if they know or has reason to believe that an item may be intended for military end use or has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in delivery of their ........