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Government of India
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
Udyog Bhawan, New Delhi
Public Notice No. 50/2015-20
New Delhi, Dated the 27 December, 2019
Subject:- Amendment in Paragraph 2.79 D in the HBP of the FTP 2015-20 to notify
the procedure for export of SCOMET items for demo/display/exhibition/tenders/
RFP/RFQ/NIT purposes.
F.No.01/91/180/18/AM-17/EC.—In exercise of the
powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP) 2015-20,
the Director General of Foreign Trade (DGFT) hereby makes amendment in Paragraph
2.79D of Handbook of Procedures (HBP) of FTP 2015-20, with immediate effect.
2. The procedure for export of SCOMET items for demo/display/exhibition
/tenders/ RFP/RFQ/NIT under Paragraph 2.79D, as notified vide
Public Notice No. 34/2015-20 dated 04.09.2018, is
substituted as under:
“Para 2.79D Issue of export authorizations for
demo/display/exhibition/tenders/RFP/ RFQ/NIT of SCOMET items
(A) Authorization for export of indigenous/imported SCOMET
item(s) for demo/display/exhibition /tender/ RFP/RFQ/NIT abroad
Authorizations for export of items in SCOMET List (other than those under
Category 0, 1, 2 and 6 or ‘Technology’ or ‘Software’ in any category) solely for
purposes of (a) Demo (b) Display (c) Exhibition (d) Tenders/RFP/RFQ/NIT shall be
considered by Chairman IMWG, on the following conditions:
(a) Such cases
would be considered purely on temporary export basis for a specified time
period;
(b) No end user certificate would be insisted upon in such cases;
(c) There shall not be any commercial transaction in the form of
selling/buying/renting/leasing;
(d) The number of item(s) should be
commensurate with the nature of export items and the purpose for which the
application is being made;
(e) There shall not be any exchange/disclosure
of information which could lead to transfer of technology;
(f) No export
authorisation would be granted for UNSC sanctioned destinations or
countries/entities of high risk, as assessed by the IMWG, from time to time;
(g) The application is accompanied with the following additional documents
(depending on whichever is applicable):
(i) Proof of event (Demo/Display/
Exhibition/ Tenders/RFP/RFQ/NIT)
Invitation letter / Advertisement/Notice
for RFP/RFQ/NIT or any other document to authenticate (i) the event or purpose
of participation (ii) schedule (in case dates not decided, probable time period)
(iii) specific location of event [venue, city, country etc.];
(ii) Proof
of participation :
Documents confirming participation of applicant in the
event (demo/display/ exhibition/ tender/RFP/RFQJNIT);
(iii) An
undertaking from the applicant firm:
An Undertaking on the letter head of
the firm duly signed and stamped by the authorized signatory stating:
a.
Purpose of export, details of invitee alongwith schedule and specific location
of event;
b. Details of items to be exported for Demo/Display/Exhibition
/tender/ RFP/RFQJNIT alongwith their SCOMET Category /Sub-category number(s),
quantity and item description.
c. that the exported items will be in the
custody of the exporter during the entire period of export;
d. that the
exported items shall be brought back to India within 90 days after the event
gets over or within the extended time, as allowed by DGFT;
e. that the
Bill of Entry confirming the return back of the exported items to India shall be
submitted to DGFT.
(h) Applications for grant of authorizations shall be
approved by Chairman, IMWG after verifying the credentials of the
event/organizer.
(B) Authorization for export of imported SCOMET items
after participation in demo/display/exhibition /tenders/ RFP/RFQ/NIT in India
Application for grant of authorization for export of imported SCOMET items
to the entity from which it has been originally imported or to its OEM
(including agency authorized by OEM), after
Demo/Display/Exhibition/tender/RFP/RFQJNIT, shall be considered by Chairman
IMWG, on the following conditions:
a) The SCOMET item(s) were imported in
India for the purpose of demo/display/exhibition /tender/ RFP/RFQ/NIT under a
contract agreement between Indian exporter and supplier/OEM(including agency
authorized by OEM);
b) The export should only be to the entity from which
the item(s) has/have been imported or to the OEM (including agency authorized by
OEM);
c) No details on ‘End Use’ and ‘End Use Certificate’ would be
required;
d) No export authorisation would be granted for UNSC sanctioned
destinations or countries/entities of high risk, as assessed by the IMWG, from
time to time;
e) The application is accompanied with the following
additional documents (depending on whichever is applicable/appropriate):
i. Proof of import of the item(s):
a. Bill of entry containing details of
the items being exported after completion of Demo/Display/Exhibition /tender/
RFP/RFQ/NIT;
b. Export License (if applicable) issued by the foreign
country for original import of the items to India;
ii. Proof of
event/participation (Exhibition/ Demo/Display/Tenders/RFP/RFQ/NIT)
Invitation letter / Advertisement/Notice for RFP/RFQ/NIT or any other document
to authenticate (i) the event or purpose of participation (ii) schedule (iii)
specific location of event [venue, city etc.] iv) Documents confirming
participation of applicant in the event (exhibition/ display/
demo/tender/RFP/RFCVNIT
iii. An Undertaking from the applicant firm;
An Undertaking on the letter head of the firm duly signed and stamped by the
authorized signatory stating:
a. Purpose of import of item in India,
invitee alongwith schedule and specific location of event;
b. Details of
imported items to be exported after Demo/Display/Exhibition tenders/ RFP/RFOJNIT
alongwith their SCOMET Category /Sub-category number(s), quantity, item
description and ECCN of foreign country;
c. That item (s) are being
exported to the entity from which it was originally imported or to the OEM
(including agency authorized by OEM) (whichever is applicable) for
Demo/Display/Exhibition/ tenders/ RFP/RFQJNIT;
d. That there has been no
change in the specifications of the item(s) after import;
e. That the
Demo/Display/Exhibition tenders/ RFP/RFQJNIT items (whichever is applicable) is
allowed under the conditions of import or contractual agreement;
f. That
the export of the imported item(s) is allowed under the conditions of import or
contractual agreement between Indian exporter and entity abroad /OEM (including
agency authorized by OEM).
f) Applications for grant of authorizations
for export to the entity from which it was originally imported or to the OEM
(including agency authorized by OEM) shall be approved by Chairman IMWG, without
any consultation with IMWG members. However, in cases of export to an entity
other than the original supplier or OEM (including agency authorized by OEM),
approval will be granted by Chairman, IMWG after verification of the credentials
of the foreign entity to which the item(s) are to be
3. All such
authorizations shall be brought before IMWG in its subsequent meeting for
confirmation of approval, on ex-post facto basis.
Note:-
REP
refers to Request for Proposal
RFQ refers to Request for Quotation
NIT
refers to Notice Inviting Tender
4. Effect of this Public Notice:
Paragraph 2.79D of Handbook of Procedures of FTP 2015-20 has been amended to lay
down the procedure for export of SCOMET item(s) imported for
demo/display/exhibition/ tenders/RFP/RFQ/NIT purposes in the country. In
addition, the undertaking by an applicant firm seeking authorisation for export
of indigenous/imported SCOMET item(s) for demo/display/exhibition etc. abroad
[Para 2.79D(A)] has also been modified including provision of bringing back
item(s) within 90 days after the event.
(Issued from F.No.01/91/180/18/AM-17/EC)
(Amit Yadav)
Director General
of Foreign Trade
Ex-officio Additional Secretary, Government of India
E-mail: [email protected]
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