Nasscom's Comments on the Draft Approach Paper on ITT Control Mechanism

Terms of use

Terms of Use

The use of this site and the content contained therein is governed by the Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms hereof and such terms as may be modified from time to time.

All text, graphics, audio, design and other works on the site are the copyrighted works of nasscom unless otherwise indicated. All rights reserved.
Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of nasscom and / or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use without obtaining the prior permission from nasscom.
The nasscom Members login is for the reference of only registered nasscom Member Companies.
nasscom reserves the right to modify the terms of use of any service without any liability. nasscom reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.
From time to time nasscom may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

Disclaimer

The Company information provided on the nasscom web site is as per data collected by companies. nasscom is not liable on the authenticity of such data.
nasscom has exercised due diligence in checking the correctness and authenticity of the information contained in the site, but nasscom or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this site. The information from or through this site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to any service or channel, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. nasscom and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
nasscom or its affiliates or associates or its employees do not provide any judgments or warranty in respect of the authenticity or correctness of the content of other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the site.
The content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. nasscom disclaims all liability for damages caused by use of content on the site.
All responsibility and liability for any damages caused by downloading of any data is disclaimed.
nasscom reserves the right to modify, suspend / cancel, or discontinue any or all sections, or service at any time without notice.

For any grievances under the Information Technology Act 2000, please get in touch with Grievance Officer, Mr. Anirban Mandal at data-query@nasscom.in.

New

See all

No notification found.

Nasscom's Comments on the Draft Approach Paper on ITT Control Mechanism

Devika Agarwal

@DevikaAgarwal

June 13, 2019

Public Policy

1043

Recently, MeitY circulated a draft Approach Paper on Intangible Technology Transfer (ITT) Control Mechanism. Nasscom submitted its comments on the draft Approach Paper to MeitY based on the inputs received from its members.

In its submission, Nasscom has stated that the draft Approach Paper has generally adopted the international approach towards regulating export of dual use technology. The recommendations made by Nasscom are geared at further aligning the export control laws and regulations in India with the multilateral export control regimes and global best practices.

Nasscom made the following recommendations:

1. ‘Bulk licences’ for multiple value chains should be introduced.

2. Individual licences should contain authorisation for all transactions related to a single supply chain.

3. ‘Foreign technology licence’ for export of foreign technology should be introduced, which should not require submission of EUC by the exporter.

4. The de minimis approach should be followed for export controls.

5. The export licensing norms should be relaxed for companies with strong internal compliance programme (ICP).

6. There should be licence exemptions based on mass market criteria and validated end user (VEU).

7. The list of permitted countries under the draft Open General Export Licence (OGEL) should be widened to include countries which have implemented export controls in their national laws.

8. Liability in cases of transfer of technology (ToT) involving multiple parties should be specified.

9. Post export monitoring measures should be specified taking into account challenges related to extra-territorial jurisdiction.

10. The SCOMET List classification should be India specific and SCOMET List definitions should be harmonised with the WA List.

11. Additional obligations on the industry with respect to the proposed export control management system (ECMS) should be clarified.

12. The government should focus on outreach and ITT awareness, especially for SMEs.

13. There should be strict export control compliance obligations on academic institutes and research organisations, including implementation of ICP, reporting and screening.

14. Additional VPN requirement, if any, should be clarified.

15. Additional visa vetting requirements, if any, should be clarified.

The full submission is enclosed.

MeitY intangible technology transfer ITT export controls

Disclaimer

That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.

Download Attachment

Devika Agarwal

Update: Summary of decisions taken ...

Tejasvi