NASSCOM's Webinar on Internal Compliance Programmes for Export of Dual-Use Items

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NASSCOM's Webinar on Internal Compliance Programmes for Export of Dual-Use Items

Garima Prakash

@GarimaP

December 15, 2022

Public Policy

635

On December 14, 2022, NASSCOM organised a webinar focussing on Internal Compliance Programmes (ICP) for Export/Transfer of Dual Use Items.

The webinar saw extensive participation from the industry and government departments. In the inaugural session, a booklet on 'Elements of an Effective Internal Compliance Programme for Export/Transfer of Dual-Use Items’, published by NASSCOM, was launched by senior government officials including, Joint Secretary, Ministry of External Affairs; Additional DG, Directorate General of Foreign Trade; Group Coordinator (R&D-E and Information Technology), Ministry of Electronics and Information Technology; and Deputy Secretary (Customs), Central Board of Indirect Taxes and Customs (CBIC). This booklet can be accessed from here.

Key takeaways from the webinar:

1. Points that were highlighted from the government regarding the importance and need of ICP, especially for intangible technology transfers include:

· Establishing and implementing a robust ICP is a significant step towards encouraging compliance culture in organisations and staying away from penalties, fines etc.

· ICP as a requirement for availing bulk licenses, helps the licensing authorities to build greater trust in the organisations applying for the bulk license.

· If companies follow ICPs, it can significantly bring down the cost of enforcement for the government.

· Supply chain security, a requirement under the CBIC’s Authorised Economic Operator (AEO) programme, is essential from the perspective of export controls as well.

2. Points highlighted by the industry in terms of best practices and experience in implementation of ICP include:

· An important step towards ensuring healthy compliance systems within an organisation, is to put in place automated mechanisms to restrict unauthorised persons from sharing documents containing export-controlled information.

· When an employee deals with export control activities in an organisation, it is a best practice to mark all documents that do not have any export-controlled information, with a disclaimer that ‘the information contained in this document is not export controlled’.

· Trainings and awareness sessions for the employees engaging in export control activities is an effective tool, ad should be undertaken on a periodic basis along with the most up to date content.

· It is better to invest in export compliance, than paying-up violation penalties later

3. Many questions were asked during the webinar, making it a thoroughly interactive session. Some of the questions related to the AEO certification programme of CBIC. After successfully responding to all the queries and being conscious of the time, the Deputy Commissioner, CBIC offered to answer all queries via e-mail.

We are requesting the industry to share if they have any queries related to the AEO programme. We will be sharing them onwards with CBIC and facilitating the resolution of queries.

4. The following is being considered by the government as the way forward in India’s export control regime:

· A new chapter dedicated for SCOMET is proposed to be included under the upcoming Foreign Trade Policy of India.

· Reduction in the turnaround time for SCOMET licenses.

· Integration of SCOMET licensing with Customs to further digitise the entire licensing process.

· Move further in the direction of bulk licenses – introducing more bulk licensing schemes.

· Strict enforcement for non-compliance with the export control laws and regulations.

· Publishing a Standard Operating Procedure (SOP) for voluntary disclosure of non-compliance.

· Publishing an SOP for using the AEO certification programme by units in Special Economic Zones.

The speakers’ presentations are attached below.

As NASSCOM continues to create awareness and enhance the dialogue between the industry and the government on matters related to export control, we would be undertaking the following next steps in our work related to export controls:

· Evaluate the need for updating the Booklet on SCOMET Category 8 and Intangible Technology Transfers’, that was published by NASSCOM in July 2021. We request you to share any feedback on this booklet. This booklet can be downloaded from here.

· Understand the regulations applicable to ‘deemed’ exports and take up if there is a need for clarification from the government or resolve challenges being faced by the industry. We request you to share inputs on this topic.

· Conduct deep-dive sessions with industry segments on export control matters.

For more information, write to garima@nasscom.in.

ICP SCOMET export control

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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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