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Appendix 3 – SCOMET List

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Appendix 3 – SCOMET List Appendix 3 List of SCOMET Items Appendix 3 – SCOMET List APPENDIX-3 Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) export of which is regulated Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) listed below shall be permitted only against an export authorisation issued in this behalf unless export is prohibited or is permitted without authorisation subject to fulfillment of conditions, if any, as indicated under/against any specific category or item. Provisions of Chapter IV A of the FT(D&R) Act,1992 as amended in 2010 shall apply to the goods, services and technologies as specified in the list below. Supply of SCOMET Items from DTA to SEZ • No export authorisation is required for supply of SCOMET items from DTA to SEZ. • However, all supplies of SCOMET items from DTA to SEZ will be reported to the Development Commissioner of the respective SEZ by the supplier in the prescribed proforma [Annexure 1 to Appendix- 3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items] within one week of the supplies getting effected. • An annual report of such supplies from DTA to SEZ shall be sent to SCOMET Section, DGFT (Hqrs), Department of Commerce, Udyog Bhawan, Maulana Azad Road, New Delhi-110011, by the Development Commissioner (DC), SEZ in the prescribed proforma [Annexure 2 to Appendix-3 to Schedule 2 of ITC (HS) Classifications of Export and Import Items]. Report by the DC, SEZ is to be filed by 15th May of every financial year for the supplies effected during the preceding financial year. Export of SCOMET Items from SEZ to outside the country Export permission is required if the SCOMET items are to be physically exported outside the country from SEZ i.e. to another country (Refer Rule 26 of the SEZ Rules, 2006). Entering into an Arrangement or Understanding for Site Visits, On-site Verification and Access to Records / Documentation It is mandatory for all companies and their subsidiaries registered in India and all other business entities operating in India and involved in the manufacture, processing and use of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) listed below to obtain permission of the DGFT before entering into any arrangement or understanding that involves an obligation to facilitate or undertake site visits, on-site verification or access to records/ documentation, by foreign Governments or foreign third parties, either acting directly or through an Indian party or parties. Requests for such permissions shall be considered in the manner in which requests for export/import licence are considered. Provided that where obligations involving site visits, on-site verification or access to records/ documentation by foreign governments or foreign third parties are to be undertaken pursuant to a bilateral agreement or a multilateral treaty to which India is a party, the provisions of the relevant agreement or treaty shall apply. Exporters are advised to refer to the relevant guidelines relating to the export of SCOMET items in the Handbook of Procedures, as issued from time to time. Para 2.78 of the Handbook of Procedures, 2015-2020 delineates the Procedure/Guidelines for filing / Evaluation of Applications for Entering into an Arrangement or Understanding for Site Visits, On-site Verification and Access to Records / Documentation. Note: The DGFT Notification No. 5/2015-2020 dated 24.04.2017 is issued to amend Table A of Schedule 2 and Appendix 3 of ITC(HS} Classification of Export and Import Items in supersession of DGFT Notification Nos.38 (RE-2010) /2009-2014 dated 31st March, 2011, No. 93(RE-2012}/2009-14 dated 6th January 2012, No. 37(RE- 2012}/2009-14 dated 14th March 2013, No. 26(RE-2013}/2009-14 dated 3rd July 2013, No. 56 (RE - 2013}/2009-2014 dated 12th December 2013, No. 115 (RE - 2013}/2009-2014 dated 13th March 2015, No. 116(RE-2013)/2009-14 dated 13th March 2015, No. 05/(2015-2020) dated 29th April 2016 and No. 38/(2015- 2020} dated 17th February 2017, except as respects acts done before such supersession. Annexure to 2 Appendix 3 – SCOMET List Notification No. 5/2015-2020 dated 24.04.2017 will replace the existing 'Appendix 3' to Schedule 2 of ITC (HS) Classification of Export and Import Items. Items on the SCOMET List are organized in the following categories. Category 0 Nuclear materials, nuclear-related other materials, equipment and technology 0A Prescribed Substances 0A1 Source Material 0A2 Special Fissionable Material 0A3 Other Materials 0B Prescribed Equipment 0C Technology Category 1 Toxic chemical agents and other chemicals 1A Prohibited chemicals 1B Chemicals permitted only to States party to the Chemical Weapons Convention 1C Chemicals permitted also to States not party to the Chemical Weapons Convention 1D Other Chemicals Category 2 Micro-organisms, toxins 2A Bacteria 2B Fungi 2C Parasites 2D Viruses 2E [Reserved] 2F Toxins 2G Plant pathogens 2H1 Genetic Elements and Genetically-modified Organisms Category 3 Materials, Materials Processing Equipment and related technologies 3A Materials 3A1 Special materials 3A2 Structural materials 3A3 Rocket propellants and constituent chemicals 3A4 High explosives 3A5 Stealth materials 3B Materials processing and production equipment, related technology and specially designed components and accessories therefor. 3C [Reserved] 3D Chemical and biomaterial manufacturing and handling equipment and facilities Category 4 Nuclear-related other equipment and technology, not controlled under Category 0 4A Equipment, assemblies, components including test and production equipment 4B Equipment, assemblies, components including test and measurement equipment usable in development of nuclear explosive devices 4C Technology Category 5 Aerospace systems, equipment, including production and test equipment, related technology and specially designed components and accessories therefore. 5A Rocket systems 5A1 Systems 1 Para 1(A) of Notification No. 29/2015-20 dated 21.09.2017 3 Appendix 3 – SCOMET List 5A2 Production and test equipment 5A3 Technology 5B Unmanned aerial vehicles 5C Avionics and navigation systems 5D Manned-aircraft, aero-engines, related equipment and components 5E Micro-light aircraft and powered ‘hang-gliders’ Category 6 Munitions List Category 72 7A [Reserved] 7B [Reserved] 7C [Reserved] 7D [Reserved] 7E [Reserved] Category 8 Special Materials and Related Equipment, Material Processing, Electronics, Computers, Telecommunications, Information Security, Sensors and Lasers, Navigation and Avionics, Marine, Aerospace and Propulsion 2 Para 1A(ii) of Notification No. 29/2015-20 dated 21.09.2017 4 Appendix 3 – SCOMET List COMMODITY IDENTIFICATION NOTE TO SCOMET Note 1: If items are prima facie, classifiable under two or more headings, the heading which provides the most specific description shall be preferred to heading providing a more general description. The end-use of the item would be a relevant criteria in determining the classification. Note 2: Notwithstanding anything contained in Note 1, the following items, will be classified under the relevant description in Category 0: a) Radioactive materials covered under 6A007; b) Any material containing Beryllium or “Zirconium with Hafnium content less than 2000 ppm” as the major constituent, or more than 60% Hafnium by weight, or “Boron enriched in Boron-10 isotope” or Niobium or tantalum covered under 6A008; c) Nuclear power generating equipment or propulsion equipment, including "nuclear reactors", and specially designed for military use and components therefor specially designed or 'modified for military use’ covered under 6A017; d) Simulators specially designed for military "nuclear reactors" covered under 6A017; e) Any alloy with niobium as a major constituent in solid or powder form covered under 8C102; f) Uranium-titanium alloys covered under 8C104; g) Any material containing “Zirconium with Hafnium content less than 2000 ppm” or “Boron enriched in Boron- 10 isotope” as the major constituent covered under 8C111; h) Plutonium and Neptunium covered under 8C112 Note 3: Items specified in Category 6A007.b which correspond to items specified in Category 1A are prohibited for exports. Note 4: Licence applications for items in Categories 6A008 a.13 and 6A008.a 21, which correspond to items specified in 3A401.a, 3A401.b respectively, would normally be denied. GENERAL NOTES 1. Terms in "quotations" are defined terms. Refer to ‘Glossary’ in SCOMET list. 2. In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers, and mixtures containing a listed chemical may also have different CAS numbers. 3. The object of the controls contained in this Schedule should not be defeated by the export of any non-controlled goods containing one or more controlled components when the controlled component or components are the principal element of the goods and can feasibly be removed or used for other purposes. N.B.: In judging whether the controlled component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component
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