DGFT notifies the Procedure for Export of SCOMET items for Repair or Replacement Purposes

Sep 06, 2018 | by Avantis RegTech Legal Research Team

The Directorate General of Foreign Trade (DGFT) vide Public Notice dated September 04, 2018 has notified  procedure for export of Special Chemicals, Organisms, Materials and Technology (SCOMET) items for repair/replacement purposes.

The Para 2.79 C relating to export of SCOMET items for repair/replacement will read as under:

“Authorization for export of imported SCOMET items for replacement/repair:

Application for grant of authorization for export of imported SCOMET items to the entity from which it has been imported or to its OEM (including agency authorized by OEM), for the purpose of repair or replacement of damaged/defective items, shall be considered by Chairman IMWG, on the following conditions:

(a) 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);

(b) No details on 'End Use’ and ’End Use Certificate’ would be required;

(c) 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 to be repaired/replaced;

b.      Export License (if applicable) issued by the foreign country for original import of the items to India;

ii.                   Proof of obligation for replacement or repair of defective/damaged items: Any of the applicable document(s):

a.       Contract agreement with the supplier/OEM(including agency authorized by OEM); or

b.      Purchase order containing terms of import; or

c.       Warranty policy/conditions on replacement/repair of defective/damaged items

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.       Details of imported items to be exported after replacement or repair alongwith their SCOMET Category /Sub-category number(s);

b.      That items  are being exported to the entity from which it was imported or to the OEM (including agency authorized by OEM) (whichever is applicable) for replacement/ repair;

c.       That there has been no change in the specifications of the item(s) after import;

d.      That the replacement or repair of defective/damaged items (whichever is applicable) is allowed under the conditions of import or contractual agreement.”

[Public Notice 33/2015-2020]

URL: http://dgft.gov.in/sites/default/files/PN%2033%20English.pdf


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