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

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 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

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

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