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Update: NASSCOM’s efforts towards improving India’s export control regime
Update: NASSCOM’s efforts towards improving India’s export control regime

June 22, 2021

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NASSCOM has been regularly engaging with the relevant departments of the government, including Directorate General of Foreign Trade (DGFT), Ministry of Electronics and Information Technology (MeitY) and Ministry of External Affairs (MEA), to bring forward industry’s concerns related to various topics related to export controls and assist in improving the Indian export control regime. The highlights of our recent and upcoming activities are:

  • Revision of the existing Global Authorisation for Intra-Company Transfers (GAICT): most of the recommendations put forward by NASSCOM after consultation with the industry are being considered for incorporation in the revised policy. While final approval from the Inter-Ministerial Working Group (IMWG) as well as concerned senior government officials is pending at this stage, we are expecting the revised GAICT policy to be announced soon. Our latest submission to the DGFT for revision of GAICT policy can be found here.
  • Revision of the process for revalidation of SCOMET authorisation: we have requested the DGFT to establish an independent revalidation scheme for the authorisation issued under SCOMET. Our submission on this topic can be found here. Amendments to the SOMCET licence revalidation process are expected to be notified soon.
  • Clarification of export control of encryption items, software and technology: We have engaged with MeitY to seek clarity on certain phrases or terms under Category 5 - Part 2 of the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA dual-use goods list). Category 5 Part 2 of the WA dual-use goods list contains items/software or technology pertaining to information security. Our submission on this topic can be found here. We are also writing a paper to elaborate on the need for clarification of application of export control regime to encryption items/software/technology.
  • Creating awareness among the industry on SCOMET Category 8 and Intangible Technology Transfers (ITT): NASSCOM is preparing a booklet on SCOMET Category 8 and Intangible Technology Transfers, to create awareness among the industry on export control laws of India that are of relevance to the IT/ITeS industry. If you have any unresolved queries related to SCOMET Category 8 or Intangible Technology Transfers, please do write to us. We aim to address all industry queries under the frequently asked questions section of this Booklet. The Booklet will also cover a comparison of most traded items under Category 8 with the corresponding US – Export Control Classification Numbers.
  • Virtual Outreach Programme on India’s Export Control Regime: NASSCOM is organising a virtual outreach programme to engage with the industry and the government. Among others, the webinar will cover the following topics: Licencing procedures under SCOMET, industry’s experience with the GAICT policy, best practices on Intangible Technology Transfers, India’s role at the WA and how the industry can contribute etc. This webinar will give an opportunity to the industry to engage with DGFT, MEITY and MEA on export control matters. We will send you more details on the final schedule of the webinar in due course of time.

 

If you are exporting or considering to start exporting controlled technology/items/software out of India, then fulfilling export control obligations would be important for you. We are looking forward to engage with you on the abovementioned topics or any other matters under export control laws. Kindly write to garima@nasscom.in for more information or to share your feedback.


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Garima Prakash
Manager, Public Policy and Government Affairs

Reach out to me for all things policy about e-commerce, international trade, export controls, start-ups and fintech

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