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Amendment in Paragraph 2.79F in the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 to lay down the procedure for Global Authorization for Intra-Company Transfer (GAICT) of SCOMET items/software/technology
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....cope and Eligibility: Pre-export authorization will not be required, for export and/or re-export of SCOMET items including software and technology under SCOMET Category 8 (except items listed in Annexure-I), subject to the following conditions: i. where the export is an Intra-company transfer from the Indian parent company (applicant exporter) to its foreign subsidiary company or from the Indian subsidiary of foreign company (applicant exporter) to its foreign parent/another subsidiary of foreign parent company and; Note: In case of third party involvement in the supply chain, the end user has to be a foreign parent / another subsidiary of foreign parent company or a subsidiary company of Indian company. ii. where the transfer fulfils the conditions mentioned at (a) to (f) below: a. The items/software/technology to be exported/re-exported is based on a Master Service Agreement / Contract between the Indian parent company/Indian subsidiary of foreign company and foreign subsidiary of Indian company/foreign parent company of Indian subsidiary for carrying out certain services but not limited to design, encryption, research, development, delivery, validation, calibration, test....
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....ct of export/re-export of SCOMET items including software and technology ,the applicant exporter shall submit an application for GAICT through online SCOMET portal and attach information in proforma - ANF 2O(b); b. The application would be assessed for the issue of GAICT by Inter-Ministerial Working Group (IMWG) based on the submission of the application and other supporting documents by the applicant exporter in the prescribed proforma; i. Documentary proof of the corporate relationship between the Indian parent company (applicant exporter) and its foreign subsidiary company or between the Indian subsidiary of foreign company (applicant exporter) and its foreign parent / another subsidiary of foreign parent company ; ii. Classification of item including software and technology in SCOMET (indicating SCOMET category and sub-category); iii. Documentary proof of License Exception /Temporary license from the country of the parent company abroad or from subsidiaries of the parent company abroad, if available (optional) iv. Detailed description of the item intended to be exported with relevant technical details with specifications, such as model, part number, etc. and in case of....
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....s of each transfer/consignment of exports of SCOMET items/software/technology under GAICT to the SCOMET Division of DGFT (Hqrs), New Delhi, via E-mail ([email protected]) or a procedure as prescribed by DGFT, on quarterly basis (March / June / September / December), by the end of subsequent month of each quarter, in respect of the exports made in the previous quarter; b. The post-shipment details shall be submitted in proforma ANF 2 O (c) along with a copy of EUC in Appendix 2S (iv) within the timelines mentioned above, from the foreign subsidiary company or foreign parent company / another subsidiary of foreign parent company; c. Failure to do so may entail imposition of penalty and / or suspension/revocation of GAICT. Note: Revised ANF (Aryat Niryat Form) - ANF 20(b), ANF 20(c) and End Use Certificate proforma Appendix 2S (iv) enclosed with this Public Notice. D. Record Keeping The exporter will be required to keep records of all the export documents, in manual or electronic form, in terms of Para 2.73 (c) of HBP, for a period of 5 years from the date of GAICT issued by DGFT. E. General conditions a. GAICT would not be issued in case of items including software and....
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....AICT) of SCOMET items including software and technology. Henceforth, GAICT policy would be applicable only for export / re-export of items, including software and technology under SCOMET Category 8 (except items listed in Annexure-I), and to only the countries listed in Table 1 above. Revised ANF (Aayat Niryat Form) - ANF 20(b), ANF 20(c) and End Use Certificate proforma Appendix 2S (iv) for applying for GAICT also notified. SANTOSH KUMAR SARANGI, Director General of Foreign Trade & Ex-officio Addl. Secy. ============= Document 1 [à¤à¤¾à¤— I–खणà¥à¤¡ 1] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण ANF-2 O(b) 27 APPLICATION FORM FOR EXPORT OF SCOMET ITEMS INCLUDING SOFTWARE AND TECHNOLOGY (UNDER GLOBAL AUTHORISATION FOR INTRA COMPANY TRANSFER) LISTED IN APPENDIX 3 TO SCHEDULE 2 OF ITC (HS) CLASSIFICATION [Please see DGFT's Public Notice No. 14/2015-20 dated 13.06.2022 before filling the application] 1. Applicant Details: i IEC ii. Name Flat/Plot/Block No. Street/Area/ iii. Address Locality iv.TeleNo. City State v. Mobile No. vi. E-mail....
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.... yes, then provide details ii. Can the user easily change the cryptographic functionality of the item what is specified in the manufacture's specification? Yes No iii. Is the item designed for installation by the user without further substantial support by the supplier? Yes No SECTION C: TECHNICAL QUESTION (leave, if not applicable) Does the item contain the following cryptographic functions? 1. A "symmetric algorithm" employing a key length in excess of 56 bits, not including parity bits? Yes No If 'Yes' please state the following a) Full name: b) Key Length / bits: Is it used for any of the following? c) i. "Authentication" ii. Digital Signature iii. Data integrity iv. Non-repudiation V. Digital rights management, including the execution of copy protected software vi. Encryption or decryption support of entertainment, mass commercial broadcasts or medical records management vii. Key management in support of any of the cryptographic functions in above 1. (i) to (vi) d) Encryption algorithm Encryption Functionality Additional Information (if any) 2C. In case of Technology and Software (If applicable) ( If required, attach extra sheet (A4 size) in the....
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....ax No. 31 32 THE GAZETTE OF INDIA: EXTRAORDINARY 6B. Intermediary* Details (If third party involved) (leave if not applicable) *The DGFT need to be informed in advance in case of any new intermediary is involved. i. Name ii. Address Flat/Plot/Block No. Street/Area/Locality City Country iii. Tele phone No. Postal Code Country Area Tel. No. Code Code (1) Country Area Fax No. Code Code iv. Fax No. v. E-mail [PART I―SEC.1] 8. Please indicate the type of supporting documents submitted (via email, fax or post) to DGFT (hqrs). Please number all pages of the supporting documents and indicate the total number of pages at the top right corner of every page. Please note that failing to submit the necessary documents will delay the processing. ப Technical drawings (Information on Product/Technology), wherever applicable Technical Specifications/Data Sheets/Brochures of the product(s), wherever applicable Documentary Proof that establishes corporate relationship between Intra companies i.e. between foreign parent company/subsidiary of parent company/Indian parent company/ Subsidiary of Indian parent company Documentary Proof that establishes contra....
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....ication has been made have not been penalized under any of the following Acts (as amended from time to time): (i) The Customs Act, 1962, (ii) The Central Excise Act1944, Central & State GST Act, 2017 (iii) Foreign Trade (Development & Regulation) Act 1992, as amended, and (iv) The Foreign Exchange Management Act, 1999; (v) The Conservation of Foreign Exchange, Prevention of Smuggling Activities Act, 1974 (vi) Weapons of Mass Destruction & their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 34 34 THE GAZETTE OF INDIA: EXTRAORDINARY [PART I SEC.1] (v) (vi) (vii) (viii) B. None of the Directors / Partners / Proprietor / Karta / Trustees of the company /firm /HUF/Trust, (as the case may be), is/are a Director(s) / Partner(s) / Proprietor / Karta / Trustee in any other Company/ firm / entity which is on the Denied Entity List (DEL) of DGFT or is in the caution list of RBI; C. Neither the Registered Office of the company / Head Office of the firm / nor any of its Branch Office(s) Unit(s)/ Division(s) has been declared a defaulter and has otherwise been made ineligible for undertaking import/export under any of the provisions of the Policy; D. ....
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....s Type of export license obtained from foreign country(e.g. bulk, general, open etc.) if applicable) (with date of S. SCOMET No. category/sub category ECCN/ or control list no. of foreign country by which license exception has been given to India (if applicable) issue) ii. Details of the items (Actual export) Sl. no. of Items (1) 1 SCOMET Category 2 SCOMET Sub-category 3 Description of export item/s including technical specification 4 CAS no. (in case of chemicals) 5 ITC (HS) Code No. (if available) 6 Product Name 7 Model Number/Partnumber./serial no. (If applicable) [PART I―SEC.1] Actual Country of Date of export export (2) (3) Name of the company(ies) to which exports to be made [à¤à¤¾à¤— I- 8 9 -खणà¥à¤¡ 1] Manufacturer Quantity Unit of Quantity (G,KG, or 10 MT) 11 FOB in rupees 12 FOB in USD 13 Other relevant information 14 SB number (export by sea) 15 SB Date 16 AWB number 17 AWB Date à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 37 Basis of Export made FOB/CIF 18 FOB Value 19 Por....
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....on of the item(s) (e.g. Name of (b) Quantity/Weight No. Manufacturer/Model/Software/Technology, Class, Type, Serial Value¹ Number) (c) Master Service Agreement / Contract Agreement Number & Date of signature_ 1 39 40 THE GAZETTE OF INDIA: EXTRAORDINARY PART 3: DECLARATION a) The item(s) indicated in PART2 will be used as capital equipment/component/raw material/other use for (Intended End use) b) The item(s) indicated in PART2 are being processed or incorporated in to another product (as detailed in 3a above), for sale to ultimate end users located in c) Purpose of import by End User (R&D/testing/Calibration/ demo/design/encryption/delivery/validation/import after repair/others, etc). d) I/we certify that the above-mentioned items (as detailed in the referenced purchase order/ master service agreement/other contract agreement) shall not be used for any purpose other than the purpose(s) stated above. e) Further re-export /re-transfer of the item including software and technology from the foreign subsidiary company or foreign parent company / another subsidiary of foreign parent company to end users in other countries would be subject to the export control ....