Call for inputs: Draft General Authorisation Policy for Export of Telecommunication related items and Information Security (GAET and GAEIS)

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Call for inputs: Draft General Authorisation Policy for Export of Telecommunication related items and Information Security (GAET and GAEIS)

priyanshi

@priyanshi

March 6, 2024

Public Policy

Director General of Foreign Trade (DGFT) has published the draft General Authorisation for Export of Information Security items under SCOMET Category 8A5 Part 2 (“GAEIC”) and draft General Authorization for Export of Telecommunication-related items(GAET). The government is seeking public comments on the draft policy.

Nasscom had recommended introducing a bulk licensing policy for cryptographic information security items under SCOMET Category 8A5 Part 2, with certain safeguards like documentation proofs, periodic post-shipment reporting requirements, inapplicability of the bulk license for military or government end-users, to prevent misuse. The draft policy features these suggestions.

The draft policy allows export of Information Security items under Cat 8A5 Part 2 (expect items listed in annexure 1) with a one-time General Authorisation, valid for three years from the date of issuance. This is subject to certain conditions, including:

1. Exports are required to submit an application for receiving a one-time GAEIC. The application should include supporting documents including:

Detailed description of items that are intended to be exported
End user certificate from all entities in the supply chain
List of countries where the export is expected to be done
Undertaking from the firm stating allowing any on-site inspection, intended exports shall only be used for stated purpose in the EUC, that exporters will report if items could be used for military purposes or weapons of mass destruction

2. Submit ICP signed by the compliance manager

3. After receiving authorization but prior to export, entities must ensure that

that they notify relevant government authorities via the DGFT online portal quarterly using the prescribed format (Aayat Niryat Form) and include the End-Use Certificate (EUC),
complete the EUC in the prescribed proforma signed and stamped by all entities involved in the supply chain,
have an agreement or purchase order from the receiving entity stating that the export aligns with the permitted end-use declared in the EUC before actual export, and
include the contact details of the authority signing the EUC in the submitted documents before actual export

4. Submit post shipment details for 3 years on a quarterly basis, within 30 days from last quarter

5. Authorized Economic Operator (AEO) T2 Certification of CBIC

6. Exported is required to maintain records of the exports in line with the HBP for 5 years from the date of GAEIC

The policy also includes certain general conditions and exclusions. DGFT reserves the right to suspend/revoke the GAEIC on proliferation concerns, non-submission of mandatory post-shipment details, and any non-compliance with the policy.

Please share your inputs with us via mail to priyanshi@nasscom.in.

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priyanshi

Senior Associate, Public Policy and Government Affairs

Reach out to me for everything data, platforms, or export controls!

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