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Call for Inputs: Draft Policy on General Authorisation for Export after Repair in India
Call for Inputs: Draft Policy on General Authorisation for Export after Repair in India

June 15, 2022

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The Directorate General of Foreign Trade (DGFT) has published a draft policy on General Authorisation for Export after Repair in India (GAER). This policy is being proposed for inclusion as Paragraph 2.79C(D) of the Handbook of Procedures of Foreign Trade Policy 2015 - 2020.

As per the GAER, export of imported SCOMET items to the same entity abroad after repair in India are proposed to be allowed on the basis of a general authorisation by DGFT for export after repair in India subject to post reporting on a quarterly basis, subject to the following conditions:

  1. The SCOMET items were imported to a designated/authorised repair facility in India under a contract agreement/Master Service agreement, or imported under a contract between Indian exporter, entities of repair facility (if different from exporter) and entity abroad defining ‘Statement of Work (SOW)’/ ‘Scope of Work’ including conditions for undertaking repair in India.
  2. The items are to be exported to the same entity and location abroad from which the item(s) has/have been imported.
  3. The exporter is required to register and obtain general authorisation for export after repair only once during the validity period. Subsequent export/re-export is subject to post reporting requirements. 
  4. The exporter is required to provide bill of entry for the imported item while applying for GAER for the first shipment.
  5. GAER shall be valid for one year from the date of issue of GAER subject to subsequent post reporting within 30 days from the date of such export.
  6. Subsequent export would be allowed to the same entity and location to which the license has originally been issued.
  7. There has been no change to the original characteristics/specifications of the SCOMET item(s) after repair.
  8. GAER would be granted when the initial export authorisation has been suspended, modified or revoked by country of import.
  9. GAER would be granted for UN sanctioned destinations or countries/entities of high risk, as assessed by the Inter Ministerial Working Group.
  10. No details of ‘End Use’ and ‘End Use Certificate’ would be required.
  11. Applicant will have to submit appropriate documents for proof of import and proof of obligation of repair.
  12. Post-export reporting has to be done to DGFT within 30 days of export.   

The draft policy can be downloaded from below.

NASSCOM is preparing a response to the DGFT on this draft policy. In order for us to make a timely submission to DGFT, kindly share your feedback and suggestions on this draft policy by June 19, 2022, by writing to garima@nasscom.in


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Download Attachment

Revised draft GAER for Industry Consultation.pdf

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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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