About the workshop
Sri Balaji Vidyapeeth (SBV) and Indian Chemical Council (ICC-Southern Region), in collaboration with The Henry L. Stimson Center (USA), are organizing a one-day workshop on “Secure Trade and Transfers of Chemical: Regulations & Good Practices in India”. The workshop has been scheduled for 28.07.2022 in Chennai, India.
Officials from competent Government of India agencies, including Directorate General of Foreign Trade (DGFT) [Ministry of Commerce & Industry, MoC&I], Department of Chemicals and Petrochemicals (DCPC) [Ministry of Chemicals & Fertilizers, MoC&F], Disarmament & International Security Affairs (D&ISA) [Ministry of External Affairs, MEA], along with select subject matter experts from India and USA, will make presentations and conduct interactive sessions.
This workshop is designed to enhance awareness of strategic trade regulations including export control of SCOMET items amongst the key Indian chemical industry stakeholders. The workshop panels will feature presentations and moderated discussions on related topics, including:
a. GoI’s current policies and procedures relating to the export of dual-use chemicals
b. Respective roles of, and coordination amongst, DCPC, DGFT & other IMWG agencies
c. Updates to SCOMET; harmonization with corresponding elements of Australia Group and CWC
d. Corporate compliance stemming from India’s obligations under the UN and multilateral regimes
e. Key elements of a robust corporate compliance program
f. Trade-facilitation measures by DCPC and DGFT
g. Strong positive role between compliance and value-added manufacturing & services across the
various chemical industry segments.
This workshop will be the second in the Export Control Program. In first, Sri Balaji Vidyapeeth, Association of Biotechnology-led Enterprises (ABLE) in in collaboration with The Henry L. Stimson Center (USA), had organizing a one-day workshop on “Secure Trade and Transfers of Biotechnology: Regulations & Good Practices in India” on April 26, 2022 at Krishna Hall, Shangri-La, Bengaluru.
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Export control in India
- Export has a security concerns in global trade landscape because of the dual use possibilities of some items of exports. As part, India is member of multiple Multilateral Export Control Regimes (“MECRs”) and have adopted domestic laws to align with global best practices
- In India, DGFT by exercising powers of Foreign Trade (Development and Regulation) Act 1992 (FTDR Act) issue the export policy and orders prohibiting, restricting or otherwise regulating the export of goods depending on the possible dual use risks.
- Under the Foreign Trade Policy of India 2015-2020 (FTP), trade commodities requiring regulation were placed in a classification system called the Indian Trade Classification [Harmonized System] (“ITC(HS)”). In this, Appendix 3 of Schedule 2 of the ITC(HS) contains an exhaustive list of special chemicals, organisms, materials, equipment and technologies (SCOMET).
- Items in the SCOMET are only permitted to be exported pursuant to the fulfilment of certain conditions. DGFT after through and stringent screening grant Export Authorization for SCOMET item where the categories of item determines its review on risks by other competent Govt department and ministries.
- Indian entities who trade in SCOMET items in the regular course of business should examine their goods, services and technologies individually and holistically and ensure that they are matched with the relevant classification number. This exercise will mitigate errors which result in rejection of application for export authorization or exporting SCOMET items without authorization.
- The controls for SCOMET items and the procedure for application are provided under the Foreign Trade Policy and the Handbook of Procedure (available at www.dgft.gov.in/).
Some Multilateral Export Control Regimes ("MECRs") for Trade Security
- Australia Group (AG)
- Missile Technology Control Regime (MTCR)
- Wassenaar Arrangement (WA)
- Nuclear supplier group
India’s domestic laws and policies governing Trade Security
- Foreign Trade (Development and Regulation) Act 1992
- FTDR Amendment Rule, 2010 and 2015
- Foreign Trade Policy of India 2015-2020 (FTP)
- The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005
- The WMD and their Delivery Systems (Prohibition of Unlawful Activities) Implementation Rules, 2016