India — Export Controls

India's export control system is authorized under the Foreign Trade (Development and Regulation) Act, 1992 (FTDR Act, Act No. 22 of 1992), which empowers the Central Government to make orders for the development and regulation of foreign trade by facilitating imports and increasing exports, and to prohibit, restrict, or otherwise regulate exports and imports. Chapter IVA was incorporated into the FTDR Act by the 2010 Amendment to regulate brokering, transhipment, and export of specified goods, services, and technology with potential WMD applications, aligning with the Weapons of Mass Destruction and their Delivery Systems (Prohibition Of Unlawful Activities) Act, 2005.

Administering authority. The Directorate General of Foreign Trade (DGFT), Ministry of Commerce & Industry, administers India's strategic trade control system and issues export authorizations. DGFT has set the policy and procedure for regulated export of controlled items in the SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) list, published as Appendix 3 to Schedule 2 of the ITC(HS) Classification. The SCOMET list is regularly updated to track changes in the multilateral regimes. India regulates exports of dual-use, nuclear, and military items (including software and technology) under the SCOMET list, as notified by DGFT under the Foreign Trade Policy. The SCOMET list aligns with the control lists of the Missile Technology Control Regime (MTCR), the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group.

Licensing authorities by SCOMET category (2024 change). The SCOMET list is organized into nine categories (0–8). For Category 0 (nuclear materials, facilities, and equipment), the Department of Atomic Energy (DAE) has exclusive licensing authority under the Atomic Energy Act, 1962, Section 14; Category 0 cases do not use the SCOMET portal or IMWG process. For Category 6 (munitions list items), a new development as of September 2024, DGFT has delegated licensing authority to the Department of Defence Production (DDP), Ministry of Defence. The DDP now acts as the licensing authority for all military end-use exports under Category 6, while the DGFT remains responsible for non-military end-use. For all other SCOMET categories (1, 2, 3, 4, 5, 7, 8), DGFT is the licensing authority, with export applications subject to review by the Inter-Ministerial Working Group (IMWG).

Inter-Ministerial Working Group (IMWG). The IMWG includes representatives from relevant ministries, such as the Ministry of External Affairs, Department of Defence Production, Department of Space (ISRO), DRDO, DAE, Department of Chemicals and Petrochemicals, NACWC, and Cabinet Secretariat. The IMWG meets monthly, chaired by Additional DGFT, to decide export applications on a case-by-case basis per the Handbook of Procedures. For certain nuclear-related or military items, the DAE or DDP are consulted as needed. The licensing authority seeks concurrence of the Disarmament and International Security Affairs (D&ISA) Division of the MEA as required. Pre-license checks and post-shipment verifications may be mandated as a license condition.

Authorization requirement. Export of SCOMET-listed items is either prohibited or requires an export authorization from the designated licensing authority. Exporters must have a valid Importer-Exporter Code (IEC) number, and requests may be filed on DGFT's electronic export management system for all SCOMET categories except Category 0 (DAE) and Category 6 (military, DDP). General Authorizations are available for certain categories such as drones, dual-use chemicals, telecommunication equipment, information security systems, and for repairs, intra-company transfers, and repeat orders, subject to specified conditions.

Special restriction for Iran. Authorization for export of items in Categories 0, 3 (other than 3D), 4, 5, and 7 of the SCOMET list to Iran is subject to Annex B to UN Security Council resolution 2231 (2015) and requires additional clearance by the D&ISA Division of the MEA.

Material update: As of September 2024, DGFT delegated export licensing authority for Category 6 SCOMET (munitions) items intended for military end use to the Department of Defence Production (DDP), Ministry of Defence. This development replaced the prior DGFT licensing structure for this category. All exporters of Category 6 military items must now apply directly to DDP for authorization. (See PIB release, 3 September 2024.)

Source: Foreign Trade (Development and Regulation) Act, 1992, as amended Source: DGFT, India's Export Control System (SCOMET Guidelines) Source: Department of Atomic Energy, FAQ on the Export Control of Nuclear Related Items Source: Press Information Bureau, DGFT Updates the SCOMET List, Ministry of Commerce & Industry, 3 September 2024

India's SCOMET list (Special Chemicals, Organisms, Materials, Equipment and Technologies) sets out controlled dual-use items with both civil and military applications. The list is published as Appendix 3 to Schedule 2 of the ITC (HS) Classification of Export and Import Items and is updated periodically to reflect international regime changes and India's obligations under multilateral export control frameworks.

Major update – September/October 2025:

By DGFT Notification No. 31/2025‑26 (23 September 2025), the SCOMET list structure was materially expanded and updated. These amendments take effect 23 October 2025 (30 days after notification issuance). The key structural change is the full operationalization of a new Category 7 for emerging and advanced technologies. The revised SCOMET list (published on the DGFT site) now comprises the following nine principal categories:

• Category 0: Nuclear materials, nuclear-related other materials, equipment and technology (aligned with NSG)
• Category 1: Materials, Chemicals, Micro-organisms and Toxins (aligned with the Australia Group and BWC)
• Category 2: Materials Processing (aligned with MTCR, Wassenaar, NSG)
• Category 3: Electronics (aligned with Wassenaar, NSG; expanded in 2025 revision)
• Category 4: Computers (aligned with Wassenaar)
• Category 5: Telecommunications and Information Security (aligned with Wassenaar)
• Category 6: Munitions List items (aligned with Wassenaar munitions list; some sub-items clarified in 2025 revision)
• Category 7: Certain Emerging Technologies (added in 2025, subdivided into 7A: Systems, Equipment and Components; 7B: Test, Inspection and Production Equipment; 7C: Materials; 7D: Software; 7E: Technology — includes advanced semiconductor, quantum, cryogenic, electronics manufacturing, and quantum computing controls)
• Category 8: Technology (technology required for items under Categories 0 through 7; updated glossary and clarifications in 2025 revision)

Each category continues to be subdivided into alphanumeric item codes (such as 3A001, 6A022, 7A001, etc.) consistent with multilateral regime standards.

Classification and controlled-component rules: The SCOMET list's Note 1 preserves the specificity principle (most specific heading prevails) and Note 3 preserves the controlled-component rule. The scope for used and re-exported SCOMET items, as well as software and technology exclusions, is unchanged but additional explanatory language and revised item notes are present across Category 7 and certain updated entries in Categories 3 and 8.

Self-classification, classification queries, and resources: Exporters must now take particular care with emerging technology items in determining SCOMET applicability. The DGFT maintains a digitized search tool for ITC(HS)/SCOMET cross-classification and accepts formal classification queries for items where self-classification is inconclusive. The updated SCOMET list and related guidance may be found under the "Regulatory Updates" and SCOMET Portal sections of dgft.gov.in.

Authority and effective date: All exporters and compliance professionals should reference the revised SCOMET List (Appendix 3, Schedule II, ITC (HS) 2022) as notified by DGFT Notification No. 31/2025-26, effective 23 October 2025, for transactions on or after this date. This revision supersedes previous SCOMET notifications and incorporates the latest structure reflecting India's evolving international commitments and domestic strategic controls.

Source: DGFT, DGFT Notification No. 31/2025-26 and Revised SCOMET List (Appendix 3, Schedule 2, ITC (HS) 2022) – effective 23 October 2025 Source: DGFT, SCOMET Portal and Current Regulatory Updates

India's export control system imposes a catch-all control that extends beyond the SCOMET list to cover items not explicitly controlled when the exporter has been notified by DGFT or knows—or has reason to believe—that the item may be diverted to weapons of mass destruction (WMD) programs, missile systems, or military end use (including by terrorists and non-state actors). This provision closes the gap between the static SCOMET list and the dynamic risk landscape.

Statutory foundation. The catch-all control is authorized under Paragraph 10.05 of the Handbook of Procedures 2023 ("Additional controls on Non-SCOMET items for dual use (Catch-all controls)") and traces its legal authority to Chapter IVA of the Foreign Trade (Development and Regulation) Act, 1992, as amended in 2010, which incorporated controls on brokering, transhipment, and export of items with WMD applications in alignment with the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (WMD Act, Act No. 21 of 2005). The WMD Act, which came into force on November 17, 2006, obligates India to prevent export, transfer, re-transfer, transit, and trans-shipment of "material, equipment or technology of any description" identified by the Central Government as relevant to India as a nuclear weapon state, to national security, or to India's international obligations under bilateral, multilateral, or international treaties relating to WMD or their delivery systems.

Trigger: knowledge or official notification. The catch-all obligation arises under two trigger conditions:

1. DGFT written notification. The exporter has been notified in writing by DGFT that a specific item not on the SCOMET list poses a potential risk of use in or diversion to WMD, missile systems, or military end use (including by terrorists and non-state actors).

1. Exporter knowledge or reason to believe. The exporter knows or has reason to believe that the non-SCOMET item has a potential risk of use in or diversion to WMD, missile systems, or military end use (including by terrorists and non-state actors).

The "reason to believe" standard imposes an affirmative duty on exporters to investigate red-flag indicators—such as vague or evasive end-user descriptions, end-user locations in countries subject to multilateral WMD-related restrictions, requests for modifications inconsistent with the stated civilian application, or refusal by the buyer to provide an end-use certificate—even in the absence of formal DGFT notification.

Definition: "Military use." The Handbook of Procedures defines "military use" to mean "incorporation into items listed under SCOMET Category 6 or for the use, development, or production of military items listed in" Category 6 (Munitions List). This definition is narrower than the broader WMD Act reference to any military end use, but in practice the IMWG examines both WMD-relevant military applications and broader defense-industrial end uses on a case-by-case basis.

Authorization requirement. If either trigger condition is met, the exporter shall apply for a SCOMET authorisation using the same procedure specified for controlled SCOMET items in Paragraphs 10.05 and 10.06 of the Handbook of Procedures. The export of the catch-all item may be denied or permitted as per the SCOMET licensing procedure, which involves submission of application form ANF 10A and review by the Inter-Ministerial Working Group (IMWG) comprising members from the Ministry of External Affairs (MEA), Department of Defence Production (DDP), Department of Space (ISRO), DRDO, Department of Atomic Energy (DAE), Department of Chemicals and Petrochemicals, and the Cabinet Secretariat. The IMWG meets monthly under the chairmanship of the Additional DGFT and decides by consensus.

End-use assurances. DGFT may require additional formal assurances, as deemed appropriate, including end-use and non-transfer undertakings from the government of the recipient country. Additional end-use conditions may be stipulated in the authorization based on an assessment of proliferation concerns and other factors. Exporters must submit an End-Use Certificate (EUC) in the prescribed proforma (Appendix 10J(i)) filled by all entities in the chain of supply—foreign buyer, consignee, end-user, and any intermediaries—on the letterhead of the respective entity, duly signed in ink and stamped by the authorized signatory.

Non-state actors and terrorists. The explicit reference to "terrorists and non-state actors" in Paragraph 10.05 reflects India's obligations under United Nations Security Council Resolution 1540, which obliges all countries to prohibit access to WMD and their delivery systems by non-state actors, particularly for terrorist purposes. The WMD Act Section 4(g) defines a "non-State actor" as "a person or entity not acting under the lawful authority of any country." Exporters must screen end users to exclude entities acting outside state control, including terrorist organizations, unaffiliated armed groups, and other non-governmental actors seeking WMD-relevant capabilities.

Effective date. Chapter IVA of the FT(D&R) Act was incorporated by the 2010 Amendment; the WMD Act came into force on November 17, 2006. The catch-all control in Paragraph 10.05 appears in the current Foreign Trade Policy 2023 and Handbook of Procedures 2023, which supersede prior policy editions.

Source: DGFT, Foreign Trade Policy 2023 Chapter 10 – SCOMET, Paragraph 10.05 Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paragraph 10.05 Source: Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (Act No. 21 of 2005)

India's SCOMET export control system governs not only the physical export of dual-use goods but also the intangible transfer of controlled technology and technical assistance—often called "deemed exports" in trade-compliance practice. Transfer of SCOMET-controlled technology to a foreign national in India, electronic transmission of technical data abroad, provision of training or consulting services that disclose controlled know-how, or cloud-hosted software development that makes controlled source code available to foreign persons can all trigger the same licensing requirement as a physical shipment of hardware. Many exporters fail to recognize these intangible transfers as regulated "exports," creating substantial compliance risk.

Statutory authority. Chapter IVA of the Foreign Trade (Development and Regulation) Act, 1992, as amended in 2010, extends export-control jurisdiction to "goods, services and technology" with WMD applications. The SCOMET list, published as Appendix 3 to Schedule 2 of the ITC(HS) Classification, explicitly includes Category 8 (Technology) and defines technology controls in the General Technology Note that governs all nine SCOMET categories. Paragraph 1 of the General Technology Note states: "The export of 'technology' which is 'required' for the 'development', 'production' or 'use' of items controlled in Category 8 is controlled according to the provisions in each sub-category. This 'technology' remains under control even when applicable to any uncontrolled item." This last clause is critical: technology for the development, production, or use of a SCOMET item remains controlled even if transferred independently of the physical item or applied to a non-SCOMET end product.

Definition: "Technology." The Ministry of External Affairs (MEA) and NASSCOM joint guidance on Internal Compliance Programmes defines "technology" as "information (including information embodied in software) other than information in the public domain, that is capable of being used: in the development, production or use of any goods or software; in the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind in relation to an item specified under India's SCOMET list." This definition sweeps broadly across design data, manufacturing processes, quality-control methods, system-integration know-how, and application-specific configuration parameters—any information that enables a recipient to develop, produce, or operate a SCOMET item.

Forms of controlled technology. Appendix 3 to the SCOMET list defines two forms in which controlled technology may be transferred:

1. "Technical data" may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories, or cloud storage.

1. "Technical assistance" may take forms such as instruction, skills, training, working knowledge, consulting services. Technical assistance may involve transfer of technical data (for example, training materials distributed during an on-site engineering workshop).

Both forms require authorization from DGFT (or the Department of Atomic Energy for Category 0 nuclear-related technology, or the Department of Defence Production for Category 6 munitions technology) if the technology is controlled under the relevant SCOMET category.

Public-domain and basic-scientific-research exclusions. Paragraph 3 of the General Technology Note provides: "Controls do not apply to 'technology' 'in the public domain', to 'basic scientific research' or to the minimum necessary information for patent applications." The SCOMET list defines "in the public domain" as technology that has been made available without restrictions upon its further dissemination—for example, published academic journal articles, standards documents publicly available for purchase, or open-source software repositories accessible without confidentiality obligations. Technology disclosed subject to a non-disclosure agreement, proprietary license restriction, or export-control clause is not in the public domain. "Basic scientific research" means experimental or theoretical work undertaken principally to acquire new knowledge of fundamental principles of phenomena, not primarily directed toward a specific practical aim or application.

Minimum-necessary exclusion for installation, operation, maintenance, and repair. Paragraph 2 of the General Technology Note carves out an important operational exclusion: "Controls do not apply to that 'technology' which is the minimum necessary for the installation, operation, maintenance (checking) or repair of those items which are not controlled or whose export has been authorised." If an Indian exporter has already obtained a SCOMET authorization for the physical export of a controlled item (for example, a Category 3 electronic sub-assembly), the exporter may subsequently transfer the minimum necessary installation manual, calibration procedure, and troubleshooting guide to enable the foreign buyer to install, operate, maintain, and repair that specific unit without obtaining a separate technology-export authorization. The exclusion is tightly scoped: it covers only the minimum information needed for those four functions, not design modifications, reverse-engineering data, or manufacturing process documentation; and it applies only to items whose physical export was already authorized or to non-controlled items.

Authorization requirement and licensing authority. Export of controlled SCOMET technology requires an export authorization from the same licensing authority that governs the corresponding item category: DGFT for Categories 1, 2, 3, 4, 5, 7, and 8; the Department of Atomic Energy (DAE) for Category 0 nuclear-related technology; and the Department of Defence Production (DDP) for Category 6 munitions technology for military end use. The exporter must file application form ANF 10A (or ANF 10B for Global Authorization for Intra-Company Transfer, GAICT) through DGFT's electronic system at dgft.gov.in. The application undergoes Inter-Ministerial Working Group (IMWG) review under the same case-by-case criteria applied to physical exports, including end-user credentials, proliferation-risk assessment, and compliance with India's obligations under the Missile Technology Control Regime (MTCR), Wassenaar Arrangement, Australia Group, and Nuclear Suppliers Group. For technology exports, the application must include "an explanation of the process, product, specification (catalogue), size and output capacity of all items to be produced with the technology, if applicable, or other description that delineates, defines, and limits the" scope of the technology transfer, submitted on the exporter's letterhead. End-Use Certificates (Appendix 10J(i)) are required in the same manner as for physical exports, with the recipient certifying that the technology will not be re-transferred or used for WMD-related purposes without Government of India consent.

Intra-company technology transfers and GAICT. India operates a streamlined General Authorization for Intra-Company Transfer (GAICT) scheme that permits specified SCOMET items, software, and technology to be transferred between related corporate entities (Indian parent and foreign subsidiary, or Indian subsidiary and foreign parent) without individual case-by-case licensing. GAICT is available for transfers involving "design, encryption, research, development, delivery, validation, calibration, testing, related services, etc." to specified countries, subject to a three-year validity and quarterly post-export reporting to DGFT. The exporter must hold ANF 10B authorization and submit a Master Service Agreement or contract documenting the corporate relationship and the nature of the technology transfer. GAICT does not exempt the exporter from classification, end-use screening, and recordkeeping obligations; it streamlines the approval process for low-risk intra-corporate transfers.

Recordkeeping. India's Foreign Trade Policy requires retention of all SCOMET or export-control-related application documents, including correspondence with the buyer/intermediary/consignee/end-user/government, contracts, end-user certificates, financial records, shipping and trade-related documents, for five years. For technology transfers, this includes records of the technical decision to classify the technology under the SCOMET list, the unit or employee who made that determination, end-user and end-use screening documentation, and records of technology transfers and relevant electronic communication (emails disclosing technical data, access logs for cloud repositories hosting controlled source code, training attendance rosters for technical-assistance sessions).

Effective date. Chapter IVA's extension to services and technology came into force with the 2010 Amendment to the FT(D&R) Act. The General Technology Note appears in the current SCOMET list updated 2 September 2024, superseding the April 2017 notification.

Source: DGFT, Appendix 3 – SCOMET List (Updated 2 September 2024), General Technology Note Source: Foreign Trade (Development and Regulation) Act, 1992, as amended Source: Ministry of External Affairs & NASSCOM, Elements of an Effective Internal Compliance Programme Source: DGFT, Foreign Trade Policy 2023 Chapter 10 – SCOMET

Obtaining a SCOMET export authorization requires submission of application form ANF 10A (or ANF 10B for Global Authorization for Intra-Company Transfer, GAICT) through DGFT's electronic SCOMET portal at dgft.gov.in, followed by Inter-Ministerial Working Group (IMWG) review and, if approved, issuance of a time-limited export authorization. This section sets out the procedural mechanics exporters must navigate.

Pre-requisites. The exporter must hold a valid Importer-Exporter Code (IEC) number from DGFT and link that IEC to the user profile in the SCOMET portal. The application must be digitally signed using a valid Digital Signature Certificate (DSC) registered in the system or authenticated via e-Sign.

Application filing: ANF 10A. Applications for individual export authorizations are filed in form ANF 10A. The exporter submits the application electronically through the SCOMET portal. The application must include:

• Detailed description of the SCOMET item(s) to be exported, including technical specifications, model numbers, part numbers, quantity, unit of measure, and freely convertible currency (FCC) value;
• SCOMET category and sub-category classification (e.g., 3A001, 5D002);
• Foreign buyer, consignee, and end-user details, including complete legal name, address, and contact information for each entity in the supply chain;
• End-Use Certificate (EUC) in prescribed proforma Appendix 10J(i), filled by all entities in the chain of supply (foreign buyer, consignee, end-user, and any intermediaries) on the letterhead of the respective entity, duly signed in ink and stamped by the authorized signatory. The original hard-copy EUC(s) must be submitted to the SCOMET Section at DGFT Headquarters, New Delhi, even though the application is filed electronically; PDF copies are uploaded online;
• Purchase order or contract excerpt demonstrating the commercial transaction;
• Past export history for the same SCOMET item(s) over the prior three years, including all previously issued authorization numbers and export quantities;
• Correspondence with the buyer, consignee, or end-user relevant to the transaction;
• For technology exports: an explanation of the process, product, specification (catalogue), size, and output capacity of all items to be produced with the technology, or other description that delineates, defines, and limits the scope of the technology transfer, on the exporter's letterhead;
• Legal undertaking on stamp paper of Rs. 200/- (if required under Paragraph 10.06 of the Handbook of Procedures for certain categories or end-use scenarios).

The exporter may add multiple SCOMET items to a single ANF 10A application. DGFT provides a bulk upload feature: exporters can download a sample Excel file from the portal, fill in item details offline, and upload the file to populate the application's item table.

The application fee is INR 1,000 for each authorization application, paid electronically through the SCOMET portal at the time of submission.

IMWG review. Once submitted, the application is examined by the Inter-Ministerial Working Group (IMWG), which comprises members from the Ministry of External Affairs (MEA), Department of Defence Production (DDP), Department of Space (ISRO), Defence Research and Development Organization (DRDO), Department of Atomic Energy (DAE), Department of Chemicals and Petrochemicals, the National Authority Chemical Weapons Convention (NACWC), and the Cabinet Secretariat. The IMWG normally meets once every month, under the chairmanship of the Additional DGFT in charge of exports, to decide on applications on a case-by-case basis. The IMWG evaluates each application against the guidelines and criteria set out in Paragraph 10.06 of the Handbook of Procedures, including:

• The credentials and proliferation-risk profile of the foreign buyer, consignee, and end-user;
• The nature, end-use, and end-user of the SCOMET item;
• India's obligations under the Missile Technology Control Regime (MTCR), Wassenaar Arrangement, Australia Group, and Nuclear Suppliers Group, including the control lists' Sensitive List, Very Sensitive List, and Warning List;
• India's national security and India's relations with the destination country.

DGFT may circulate the application to IMWG member agencies for comments, views, or no-objection certificates (NOCs) before the IMWG meeting. If no comments, views, or NOC are received within the stipulated period, the case is placed before the IMWG for decision. The IMWG decides by consensus. Where a case has been deferred in an IMWG meeting and subsequently NOC(s) are received from all concerned agencies with no divergence in views, authorization may be issued with the approval of the Chairman, IMWG, and the case is brought before the IMWG in its subsequent meeting for ex-post facto approval. Cases where a decision could not be arrived at in the IMWG are placed before the Director General of Foreign Trade for appropriate decision.

Simplified repeat-order procedure. For repeat orders for export of the same SCOMET item to different countries or entities, approval is granted by the Chairman, IMWG, after verification of the credentials of the foreign buyer, consignee, and end-user only, without full IMWG review. Subsequent to issuance of the export authorization, the IMWG through relevant agency(ies) may verify exports made under repeat orders.

Deficiency and correction. If the application is marked as deficient in the system, the exporter must log into the portal, navigate to "My Dashboard > Submitted Applications," view the deficiency remarks, and respond or upload corrected documents. The application re-enters the queue once corrected.

Approval and issuance. If approved, DGFT issues the export authorization electronically. The exporter can view and download the approved authorization via "My Dashboard > Submitted Applications" in the SCOMET portal. The authorization specifies the authorized items, quantities, destination country, consignee, end-user, validity period, and any special conditions (such as pre-license checks, post-shipment verification requirements, or reporting obligations).

Validity period. Unable to confirm as of 2026-06-01.

Revalidation. An export authorization for SCOMET items may be revalidated, on merits, for a period of six months at a time. The exporter applies for revalidation through the SCOMET portal. The application fee for revalidation is INR 500. DGFT FAQ Q36 confirms the six-month revalidation period.

Amendment. Exporters may request amendments to an issued authorization, including adding new items, decreasing the quantity of items, or modifying the unit of measure (UOM). The application fee for amendment or correction is INR 200. Amendments are filed through the SCOMET portal.

Non-transferability. SCOMET authorizations are non-transferable. The authorization may be used only by the named exporter.

Post-reporting obligations. Exporters holding General Authorizations (such as GAER for repair and re-export, GAICT for intra-company transfers, or GAED for drones) must submit post-shipment details on a quarterly basis to DGFT. For GAER, post-reporting is due quarterly. For stock-and-sale or stockist-abroad arrangements, the exporter must submit details of stocks transferred to end-users in specific countries during the period 1 October to 31 December of each calendar year by 31 January of the following year. Failure to submit mandatory reports or documents within prescribed timelines may result in penalty, cancellation, suspension, or revocation of the authorization.

Processing time. Because the IMWG normally meets once every month, and applications are circulated to member agencies for review in advance of each meeting, the typical processing time from submission to IMWG decision is approximately one to two months, depending on the application's position in the queue, the complexity of the item and end-use, and the time required for member agencies to respond. Repeat-order applications processed by the Chairman, IMWG, may be approved more quickly. No statutory or regulatory guarantee of a specific processing time is published. Exporters should plan lead time accordingly and avoid submitting applications immediately before an intended shipment date.

Recordkeeping. India's Foreign Trade Policy requires retention of all SCOMET or export-control-related application documents, including correspondence with the buyer/intermediary/consignee/end-user/government, contracts, end-user certificates, financial records, and shipping and trade-related documents, for five years. For technology transfers, this includes records of the technical decision to classify the technology under the SCOMET list, end-user and end-use screening documentation, and records of technology transfers and relevant electronic communication.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paragraphs 10.06, 10.07, 10.12 Source: DGFT, Frequently Asked Questions – SCOMET v1.0, Q27, Q28, Q32, Q35, Q36, Q38, Q42 Source: DGFT, Foreign Trade Policy 2023 Chapter 10 – SCOMET, Paragraph 10.04

India’s Directorate General of Foreign Trade (DGFT) permits exporters to use specific General Authorizations for recurring, lower-risk SCOMET exports—streamlining compliance for clearly defined transaction types. These mechanisms, governed chiefly by Paragraph 10.12 of the Handbook of Procedures 2023, relevant DGFT notifications, and the SCOMET FAQ v1.0, substitute for individualized case-by-case authorizations but impose detailed conditions by authorization type.

Recent Material Change – GAER (as of March 2025): Effective March 10, 2025, DGFT amended Handbook Para 10.12(b) via Public Notice No. 50/2024–2025. The updated GAER procedure now allows issuance of a "one-time GAER" valid for one year, covering all repeat exports of SCOMET-listed items repaired, calibrated, or tested in India and returned to their original overseas owner (or, where authorized, to related foreign entities or authorized supply-chain participants) under a single authorization. This replaces the prior shipment-by-shipment authorization requirement for GAER. Key compliance conditions include: (1) eligibility limited to exporters holding an Importer-Exporter Code with a clean record; (2) required documentation proving contractual repair/maintenance relationship and traceability of items; (3) robust internal compliance and adherence to AEO/ICP guidelines for repairers, if applicable; and (4) mandatory quarterly post-export reports filed with DGFT detailing all shipments under GAER. DGFT retains the right to revoke or suspend a GAER for breach or proliferation risk. (Handbook 2023, Para 10.12(b), as amended by Public Notice 50/2024–25)

General Authorization for Intra-Company Transfer (GAICT): GAICT (Handbook 2023, Para 10.12(c); FAQ Q44–Q45) applies to eligible SCOMET items, software, and technology transferred between Indian companies and their foreign subsidiaries or parent in designated countries (periodically notified by DGFT). Applicants file ANF 10B along with documentation evidencing the business relationship (such as a master service agreement), and exporters must certify end-use and user assurances. GAICT is not available for Category 0 (nuclear) or other excluded items specified in Para 10.12(c). All transfers must be reported quarterly by filing with DGFT per Handbook requirements. Eligibility requires a clean compliance history (no penalties or authorisation cancellation for prior five years).

General Authorization for Export of Drones (GAED): GAED (Handbook 2023, Para 10.12(d); FAQ Q18) enables export of specified unmanned aerial vehicles (SCOMET 5B001) to countries as notified by DGFT through a streamlined process. Exporters submit documentation as required, obtain end-use certification, and must submit a post-shipment report for each export event (not quarterly for GAED).

Post-export reporting and compliance: For all General Authorizations, exporters must fulfill strict post-export reporting—quarterly for GAER and GAICT, and per-export for GAED—detailing product, quantity, consignees, and destinations (Handbook 2023, Para 10.12(a)–(d), as updated). Failure to comply with reporting or recordkeeping for five years as required by Handbook Para 10.12(a) may result in suspension or cancellation of authorization, and ineligibility for future General Authorizations. These mechanisms do not remove exporters’ duty to classify, screen, and secure end-use certification—see each applicable Handbook clause for legal basis.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Para 10.12, as amended by Public Notice No. 50/2024–2025 Source: DGFT, Public Notice No. 50/2024–2025 (10 March 2025) Source: DGFT, Frequently Asked Questions – SCOMET v1.0, Q16, Q18, Q40, Q44, Q45

An End-Use Certificate (EUC) is a required document for all SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) export authorizations under India’s export control system. The EUC certifies the end-use and final recipient of dual-use items—serving as both a condition for the grant of an export license and as a compliance safeguard to prevent diversion.

Statutory basis and format. The requirement for an EUC is stated in Paragraph 10.06 of the Handbook of Procedures (HBP) 2023. Applicants for SCOMET authorization must submit the EUC in the format prescribed at Appendix 10J(i) (HBP 2023, Para 10.06; Appendix 10J(i)). The EUC must clearly specify:

• Name, address, and contact information for each party: buyer, consignee, and end-user (Appendix 10J(i), Part I–III)
• Detailed technical description of the SCOMET item(s) (model/type, quantity, specifications) (Appendix 10J(i), Part IV)
• Intended end-use and actual facility/location of use (Appendix 10J(i), Part V)
• Explicit non-transfer and non-re-export undertaking: the end-user must affirm that the goods/technology/software will not be further transferred or re-exported without Indian government approval (Appendix 10J(i), Part VI)
• Commitment to comply with Indian and relevant foreign export laws (Appendix 10J(i), Part VII)

Each entity in the transaction chain—foreign buyer, consignee, and end-user—must separately execute and stamp the relevant part of the EUC (HBP 2023, Para 10.06(iii), (iv)), unless they are the same organization. If there are intermediaries, exporters must secure the undertaking from each party (Appendix 10J(i), heading note).

Submission and authentication. The completed EUC must be uploaded as part of the SCOMET application and, per HBP 2023, Para 10.06(v), the originals must be made available to DGFT upon request. The exact physical submission method (scanned upload vs. couriering originals) is determined by current DGFT instructions. If a power of attorney is granted for signing, it must accompany the EUC (Appendix 10J(i), notes). The HBP does not explicitly address digital/electronic signing or hardcopy submission mandates; exporters should verify current practice with DGFT circulars.

Government or official endorsement. HBP 2023, Para 10.06(vi) notes that for certain SCOMET items, end-user certificates may need to be countersigned or officially validated by government authorities in the destination country at DGFT’s discretion. This is specified for sensitive cases or destinations, not as a general rule. When such endorsement is required, DGFT’s application portal and communications will indicate this requirement for specific authorizations.

Verification and enforcement. DGFT and other Inter-Ministerial Working Group (IMWG) members may confirm EUC validity through Indian embassies or direct inquiry (HBP 2023, Para 10.06(vii)). Submission of a false or incomplete EUC is a ground for denial, suspension, or revocation of authorization and may trigger penalties under the Foreign Trade (Development and Regulation) Act, 1992.

Currency and updates. These rules are current for applications under the Foreign Trade Policy 2023 and Handbook of Procedures 2023 (as of June 2026). Exporters must check for DGFT Public Notices or SCOMET Circulars that may update the Appendix 10J(i) format or documentary process.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paragraphs 10.06, Appendix 10J(i) Source: DGFT, Foreign Trade Policy 2023 Chapter 10 – SCOMET

India enforces compliance with its export control system for dual-use and strategic items chiefly under the Foreign Trade (Development and Regulation) Act, 1992 (FTDR Act) and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (WMD Act). Violations—including exporting items on the SCOMET list without a license, failing to observe license conditions, or breaching catch-all controls—are subject to administrative and criminal penalties as specified in these statutes.

Administrative penalties under the FTDR Act:

Section 11 of the FTDR Act authorizes the imposition of penalties for any act or omission in contravention of an order, license, or permission under the Act (which includes SCOMET-related requirements). Possible administrative measures include:

• Confiscation of goods and conveyances involved in the violation (Section 11(5)),
• Imposition of a penalty, which may extend to five times the value of the goods or Rs. 1,000 (whichever is more), as specified in Section 11(2),
• Suspension or cancellation of an Importer Exporter Code (IEC) as per Section 8(1),
• Debarment from undertaking import or export operations (Section 9(2)).

Criminal penalties:

Section 13 of the FTDR Act provides that any person who makes or abets making a false statement or document for the purpose of obtaining a license, certificate, or permit (including SCOMET authorization) is punishable with imprisonment which may extend to seven years, or with a fine, or both.

Under Section 24 of the WMD Act, unauthorized export or transfer of material, equipment, or technology related to weapons of mass destruction (WMD) or their delivery systems can result in imprisonment for a term up to life and a fine.

Enforcement and investigation:

Section 14 of the FTDR Act empowers authorities to investigate and examine documents or persons in connection with any order made under the Act. Formal orders of confiscation, penalty, cancellation, or debarment must be made in writing, with reasons recorded (Section 11(4)).

Appeal process:

Decisions imposing penalties, cancellation, or debarment under the FTDR Act are appealable to the prescribed Appellate Authority within the Ministry of Commerce as set out in Section 15. The FTDR Act does not provide for appeal to the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) for export control-specific offenses; appeals against Customs adjudications for general export prohibitions follow the Customs Act's framework.

Statutory currency:

These provisions reflect the FTDR Act as consolidated through 2023 (per the Ministry of Commerce publication) and the WMD Act as amended through 2022. Where authority is silent on detailed enforcement procedures or triggers, the statutory text controls.

Source: Foreign Trade (Development and Regulation) Act, 1992, Sections 8, 9, 11, 13, 14, 15 Source: Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, Sections 24

India’s export control system imposes explicit controls on the transshipment (transit or re-export) of SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) items through Indian territory, including via free trade zones or customs bonded areas. As of June 2026, these rules derive from Chapter IVA of the Foreign Trade (Development and Regulation) Act, 1992, and are operationalized in Paragraph 10.11 of the Handbook of Procedures 2023.

Legal basis and scope. The 2010 Amendment to the FT(D&R) Act empowers the Central Government to prohibit, regulate, or monitor export, transfer, re-transfer, transit, and transshipment of goods, services, and technology relevant to WMD or military applications. Paragraph 10.11 of the Handbook of Procedures 2023 sets specific procedures for the “export, transfer, re-transfer, transit and trans-shipment of SCOMET items listed under Appendix 3.” These requirements apply when goods move through India, even if not for local use, if they are removed from customs control or entered for further processing in India.

Licensing procedure. Transshipment or re-export of SCOMET items from Indian territory requires a SCOMET authorization. The responsible entity—exporter, re-exporter, or logistics provider—must apply to DGFT in the format prescribed for SCOMET exports (ANF 10A for individual authorizations, or ANF 10B for certain general authorizations). The application must clearly specify the SCOMET classification, technical description, routing (entry and exit port), and all parties involved. Where Paragraph 10.11 states “the export, transfer, re-transfer, transit or transshipment of SCOMET items...shall be allowed subject to prior permission,” this means an authorization is mandatory unless an explicit general authorization scheme applies (such as GAER or GAICT, as set out in Para 10.12).

Customs control and exceptions. Paragraph 10.11(b) provides that transshipment is permitted “provided the item remains under the control of Indian Customs throughout the period it is in India and is not entered for consumption, use, modification, or processing.” Any removal from customs control or diversion triggers full licensing and penalty exposure under the FT(D&R) Act. The same provision states that any activity beyond transit (entry for home use or processing in India) constitutes an export/re-export requiring a regular SCOMET license.

Supporting documentation. While the Handbook and Policy require a complete routing and party identification, explicit requirements for undertakings or end-use certificates in transshipment cases are not separately detailed in Paragraph 10.11. If the goods are ultimately exported from India or there are third-country parties, exporters should assess whether regular end-use certification (Para 10.06, App. 10J(i)) also applies, but the law does not mandate this for in-transit movements.

Effective date and applicability. This framework is effective under India’s Foreign Trade Policy 2023 and accompanying Handbook of Procedures 2023 as of June 2026. Exporters and logistics providers should monitor DGFT notifications for operational updates or changes in practice.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paragraph 10.11 Source: Foreign Trade (Development and Regulation) Act, 1992, Chapter IVA, as amended Source: DGFT, Foreign Trade Policy 2023 Chapter 10

India’s Foreign Trade Policy 2023 and Handbook of Procedures 2023 set explicit reporting and recordkeeping obligations for exporters of SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) items. Non-compliance can result in penalties under the Foreign Trade (Development and Regulation) Act, 1992.

Record retention—five-year minimum. Per Handbook of Procedures 2023, Paragraph 10.13, every exporter of SCOMET items must keep “all documents related to an application for SCOMET authorization (including application forms, export authorizations, contracts, purchase orders, invoices, shipping documents, End-Use Certificates, reporting documents, and any correspondence related to the export)” for a period of five years from the relevant export or technology transfer. This duty covers both physical and electronic records, spanning standard SCOMET exports, general authorizations, and technology transfer transactions.

Post-shipment and periodic reporting. For General Authorizations—including GAER (export after repair), GAICT (intra-company transfer), and GAED (drones)—Paragraph 10.12 requires submission of post-shipment or quarterly reports to DGFT detailing product, quantity, end-user, consignee, and country of destination. For arrangements involving stock-and-sale or “stockist abroad,” exporters must submit reports on stocks supplied to end-users overseas for the period 1 October to 31 December each year, by 31 January of the following year, as per Handbook guidance. Failure to comply with these reporting timelines may result in “suspension or cancellation of the authorization concerned.”

Right of inspection and audit. The Handbook grants DGFT the right to call for or inspect any SCOMET-related records to ensure compliance. Exporters must be prepared to provide all documents specified above if requested. While the precise notice period or request format may vary, exporters are obliged to cooperate and produce records as required under Paragraph 10.13.

Scope and updates. These recordkeeping and reporting obligations are mandatory for all SCOMET exports under the Foreign Trade Policy 2023 and Handbook of Procedures 2023, current as of June 2024 per the latest official publication. Exporters should monitor for subsequent DGFT notifications or amendments that may update these requirements.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paragraphs 10.12, 10.13 Source: DGFT, Foreign Trade Policy 2023 Chapter 10 – SCOMET

India’s export control regime provides for General Authorizations—GAEC, GAER, and GAICT—to streamline export licensing for designated SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) categories. The procedures are set out in the Handbook of Procedures 2023 (HBP 2023), as updated by DGFT Public Notices through 2026.

Material Changes – 2025/2026:

• GAER: As of March 10, 2025 (DGFT Public Notice No. 50/2024–25), a new one-time GAER authorization is available (valid for one year) and covers all repeat re-export shipments of items repaired, tested, or calibrated in India for the original foreign owner, as well as (if specified) for related entities and authorized supply chain participants. Exporters must now maintain an internal compliance programme (ICP) and, where applicable, Authorized Economic Operator (AEO) certification. GAER applications require documentation evidencing the repair relationship and govern only items traceable to their original import. Quarterly post-shipment reports remain mandatory. DGFT retains discretion to revoke/suspend authorization for non-compliance or proliferation risk. (HBP 10.12(b) as amended, PN 50/2024–25.)
• GAEC: As of July 30, 2025 (DGFT Public Notice No. 17/2025–26), GAEC procedures have been broadened to cover additional chemicals (as updated in Appendix 10(N)), and exporters may nominate additional destination countries (subject to DGFT notification). Exporter eligibility is now enhanced for those with AEO or Status Holder certification. The base eligibility requirement remains five years free from penalties/suspensions/cancellations under the Foreign Trade (Development & Regulation) Act. Application is via Form ANF 10A, and quarterly reporting is required. (HBP 10.12(a) & PN 17/2025–26.)

General Authorization for Intra-Company Transfer (GAICT): GAICT (HBP 2023, Para 10.12(c)) applies to eligible SCOMET items (excluding Category 0) for transfer between Indian group entities and specified foreign affiliates in eligible countries (notified by DGFT). Application is via Form ANF 10B. Eligibility requires no penalties in the preceding five years; post-shipment quarterly reporting is mandatory.

Repeat Order Authorisation: If a SCOMET item has previously received a full export license (post-IMWG review), subsequent repeat exports to other parties can be approved by the Chairman, IMWG using the expedited procedure in HBP 10.07A. Standard end-use and compliance documentation remains required. This is not treated as a true "general authorization" but as an expedited renewal route.

Reporting and Recordkeeping: All general authorizations require quarterly post-shipment reporting, quoting HBP 10.12(a)(v), (b)(v), (c)(vii): "Exporter shall submit quarterly post-shipment reports to DGFT for all exports effected under the authorisation." All application, transaction, and authorization records must be maintained for five years per HBP 10.13.

Sources: Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Paras 10.12, 10.13, 10.07A Source: DGFT, Public Notice No. 50/2024–2025 (10 March 2025) Source: DGFT, Public Notice No. 17/2025–2026 (30 July 2025)

India’s Directorate General of Foreign Trade (DGFT) and Ministry of External Affairs (MEA) strongly recommend that every SCOMET exporter implement an Internal Compliance Programme (ICP), especially for exporters handling dual-use or sensitive items. While no Indian law requires an exporter to operate a formal ICP as a precondition for obtaining a SCOMET licence, regulators explicitly encourage these programmes and consider their presence (or absence) as relevant in reviewing applications and investigating violations. Guidance from DGFT (FAQ Q6, Q47) and the joint MEA–NASSCOM 2024 manual, "Elements of an Effective Internal Compliance Programme," shape expected practices and clarify that strong ICPs are deemed indicative of a commitment to compliance, which can support favourable treatment—while weak or absent programmes are cited as risk factors (MEA/NASSCOM, §1, p.9, 13).

Core compliance elements recommended by Indian authorities:

• Appointment of a compliance or SCOMET nodal officer: DGFT recommends designating a responsible person able to coordinate export compliance, liaise with authorities, oversee screening, and sign SCOMET applications (FAQ Q6; MEA/NASSCOM, p.11). Name and contact details should be made clear internally.

• Screening procedures and due diligence: The MEA/NASSCOM manual advises exporters to maintain auditable procedures to identify restricted/denied parties, check end-use and end-user bona fides, and document red-flag indicators (e.g. evasive responses, suspicious countries, refusals to supply End-Use Certificates). Guidance identifies denied-party screening as critical (Section 2.2; p.13–14).

• Documented item and transaction risk assessment: Exporters should formalize decision-making around SCOMET classification and record the basis for determining whether catch-all controls apply (MEA/NASSCOM p.11–13). Escalation and double-checking processes are recommended where doubt exists.

• End-use verification and recordkeeping: MEA/NASSCOM and DGFT jointly recommend keeping records of End-Use Certificate (EUC) validation, assessing authenticity of recipients, and performing periodic (suggested, not mandatory) internal verifications. Handbook 2023, Para 10.13, sets a five-year minimum for retention of all SCOMET compliance documents.

• Employee training and SOP documentation: The MEA/NASSCOM manual emphasizes written export control policies, including training on SCOMET rules, technology transfer, screening, documentation, and red-flag reporting (Sections 1.2 and 2.2). Training for relevant staff is presented as a best practice, with event logs supporting compliance.

• Reporting, escalation, and whistleblower protections: An internal mechanism should exist for employees to report suspected violations or red-flag events to the compliance officer, with MEA/NASSCOM explicitly recommending confidential reporting pathways (Section 2.6; p.20).

• Periodic compliance audits: MEA/NASSCOM recommends periodic, risk-based internal audits (typically annual for larger or high-risk exporters, per p.21)—though frequency is not mandated. Audit findings and remedial action should be documented and reviewed at the management level.

DGFT and MEA stress that while these programmes are not a legal prerequisite, they are increasingly important in demonstrating exporter diligence. Authorities may request evidence of an internal compliance framework during high-risk licence reviews or enforcement actions (MEA/NASSCOM, p.8, 21; DGFT FAQ Q47). Exporters in sectors covered by major multilateral regimes (Wassenaar, NSG, AG, MTCR) or targeting sensitive countries are viewed as especially well-served by mature ICPs.

Source: MEA & NASSCOM, Elements of an Effective Internal Compliance Programme (2024) Source: DGFT, Frequently Asked Questions – SCOMET v1.0, Q6, Q47

Material Update (September 2025):

As of September 12, 2025, India has implemented significant updates to SCOMET Category 6 munitions export controls and licensing procedures under its export control law. The Ministry of Defence, Department of Defence Production (DDP) has issued a revised Standard Operating Procedure (SOP) superseding all prior DDP SOPs (including those from March 2025 and March 2023) for export licensing of Category 6 munitions items. These changes are coupled with a new Open General Export License (OGEL) regime that further streamlines compliance and supersedes all earlier OGEL-related Public Notices, including the 2017 and June 2022 frameworks.

Category 6 coverage and alignment:

• SCOMET Category 6 remains the "Munitions List" and continues to cover firearms, military equipment, armament subsystems, ammunition, explosives, naval/aerospace platforms, armored vehicles, targeting/imaging devices, and related “specially designed” software and technologies for military end use.

Jurisdiction and licensing authority:

• DDP is the sole export licensing authority for all exports of Category 6 items intended for military end use. The DGFT retains authority for civil or dual-use components within Category 6 where clearly outside the military scope—but the presumption is DDP for all military- or defense-intended transactions.
• All applications must now be submitted via the DDP’s dedicated Defence Exim online portal; the portal and its resources are updated to align with the new SOP (https://defenceexim.gov.in/defenceexportsop-2025.pdf).

New SOP (September 2025):

• The revised SOP clarifies the process and documentary requirements, introduces a risk-based review (security vetting and export end-use assessment), and standardizes the workflow for both permanent and temporary Category 6 exports (repairs, exhibitions, and trials now require additional declarations).
• End Use Certificate (EUC) requirements are maintained, with additional foreign government authentication required for exports to certain countries/regions/embargoed destinations as specified in notifications appended to the SOP.
• The new SOP emphasizes strict post-shipment reporting, recordkeeping, and DDP audit rights for five years after export.

Open General Export License (OGEL) for Category 6 (September 2025):

• DDP has operationalized a modernized OGEL scheme covering major platforms/components/parts under Category 6, replacing all prior OGEL notifications and approvals (including June 2022 and Public Notice No. 4/2015–20 and 2017 corridors).
• The latest OGEL framework allows pre-authorized, recurring export of listed Category 6 items to specified non-embargoed countries, subject to compliance with the category-specific conditions, end-use and end-user controls, destination restrictions, and post-export reporting.
• Exporters must pre-register and obtain approval for OGEL use via the DDP's Defence Exim portal, and maintain a record of all shipments made under OGEL authority.
• Exports to embargoed/sanctioned regions or for use by non-state actors remain expressly prohibited and require specific individual licensing—DDP will deny any OGEL registration for such destinations.

Penalty and enforcement:

• Breaches of any OGEL or individual licence condition, or exports without proper DDP approval, invoke penalties under Section 24 of the Weapons of Mass Destruction Act, and the Foreign Trade (Development and Regulation) Act, as described elsewhere in this guide.

Authoritative references:

• All Category 6 exporters must comply with the SOP dated 12 September 2025 (and any subsequent DDP notifications), and reference the current OGEL published by DDP. Earlier SOPs and OGELs are now inoperative.

For complete and current requirements, exporters should use the DDP portal’s latest SOP and OGEL documents:

• Defence Export SOP (September 2025)
• OGEL for Category 6 munitions (September 2025, current framework)
• DGFT, SCOMET List (for item classification)

Source: Ministry of Defence DDP, Defence Export SOP (September 2025) Source: Ministry of Defence DDP, OGEL for Category 6 munitions (September 2025) Source: DGFT, SCOMET List (as updated 2 September 2024)

India’s SCOMET Category 0 covers nuclear materials, technology, equipment, and related facilities—a class subject to stricter control and a unique licensing regime. All such exports are exclusively governed by the Department of Atomic Energy (DAE) under the Atomic Energy Act, 1962 (Section 14).

Legal authority. Section 14 of the Atomic Energy Act, 1962 empowers the Central Government (via DAE) to regulate and license exports and imports of any “prescribed substances” (including nuclear material such as uranium, thorium, plutonium), “prescribed equipment,” or related minerals. The SCOMET list (Appendix 3, Schedule 2 of ITC(HS), Category 0—most recently updated 2 September 2024) sets out the controlled entries. The authority to issue export authorizations for all Category 0 items vests solely in DAE. The Handbook of Procedures 2023, Para 10.03(a), confirms that “For export of items under Category 0... authorization shall be issued by the Department of Atomic Energy.”

Scope and controls. SCOMET Category 0 includes nuclear material (natural/enriched/depleted uranium, plutonium, thorium isotopes), reactors, critical systems and plant technology, as well as information, designs, or know-how as linked to India’s Nuclear Suppliers Group (NSG) commitments. The SCOMET list is aligned with the NSG Guidelines, though India’s list may have location-specific differences (see SCOMET List Notes; unable to confirm every detail of NSG harmonization as of 2026-06-16). The items controlled, and related technology, appear in the notified list and are not processed via DGFT or the Inter-Ministerial Working Group (IMWG).

Export licensing process. Exporters intending to ship Category 0 items:

• Must apply directly to DAE (not DGFT), per Section 14 of the Atomic Energy Act and SCOMET listing instructions;
• Are required to submit detailed technical descriptions, consignee and end-use particulars, and undertakings or certificates as directed by DAE. The DAE FAQ states: “the export of prescribed substances, prescribed equipment, and technology requires a specific export authorization/license from DAE. The exporter must submit an application in the prescribed format with supporting documents such as purchase order, technical literature, and end-use declaration.” (DAE FAQ, Q1–Q9);
• DAE reviews applications for technical merit, end-use, nonproliferation safeguards, and ensures compliance with India’s international obligations, such as the IAEA and NSG. The DAE FAQ further notes that items for export to certain destinations (e.g., Iran) may also require DAE to seek the concurrence of the Ministry of External Affairs (D&ISA Division), as referenced in the DAE FAQ and SCOMET guidance—exact workflow not fully detailed in published FAQs.

No SCOMET or IMWG process. Category 0 applications do not use DGFT’s SCOMET system or the IMWG monthly review; all processing, issuance, and enforcement fall under DAE and the Atomic Energy Act, not standard trade/export regulations.

Penalties. Section 24 of the Atomic Energy Act creates criminal liability—up to life imprisonment and fines—“for any person who exports or attempts to export a prescribed substance, prescribed equipment or related technology without authorization.” Overlap with the Weapons of Mass Destruction Act, 2005 (Section 24) means parallel penalties apply if export relates to WMD activities. Enforcement is via DAE and, for criminal offenses, the courts, per the Atomic Energy Act and not trade statutes.

Documentary specificity. While DAE FAQs and sources outline the licensing authority and basic process, certain operational details—such as exact formatting or documentation for application—are not exhaustively set out in available DAE FAQs or the SCOMET list. Exporters must consult the DAE for current forms and instructions.

Currency. This framework is current per the Atomic Energy Act (as consolidated) and the SCOMET List as updated 2 September 2024. Unable to confirm if additional policy updates have been issued as of 2026-06-16.

Source: SCOMET List, Category 0, Appendix 3, Schedule 2 of ITC(HS) (as updated 2 September 2024) Source: Atomic Energy Act, 1962, Section 14, Section 24 Source: DAE, FAQ on the Export Control of Nuclear Related Items

India's export authorization regime assigns licensing responsibility by SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) category, as established in Paragraph 10.03 of the Handbook of Procedures 2023 and the Foreign Trade Policy, with changes reflecting the broad SCOMET list update effective October 2025.

DGFT (Directorate General of Foreign Trade): The DGFT remains the licensing authority for most SCOMET items, specifically Categories 1 (Materials, Chemicals, Micro-organisms and Toxins), 2 (Materials Processing), 3 (Electronics), 4 (Computers), 5 (Telecommunications and Information Security), and 8 (Technology). Notably, Category 7 (Emerging and Advanced Technologies)—which was operationalized in October 2025 (DGFT Notification No. 31/2025-26)—is also squarely under DGFT's licensing jurisdiction. Category 7 was previously reserved but now covers advanced electronics, quantum computing, advanced semiconductors, and related dual-use innovations. Applications for these categories are filed on the SCOMET portal and subject to IMWG review as per updated Handbook para 10.03(b) and Notification No. 31/2025-26.

Department of Atomic Energy (DAE): For SCOMET Category 0—which covers all nuclear-related materials, facilities, equipment, and technology—licensing authority rests with the Department of Atomic Energy under Section 14 of the Atomic Energy Act, 1962. These cases do not use the SCOMET portal or IMWG; all applications for Category 0 go directly to DAE (Handbook para 10.03(a)).

Department of Defence Production (DDP): For SCOMET Category 6 (Munitions List), the Department of Defence Production (DDP), Ministry of Defence, is the export licensing authority for all military end use. DGFT remains the licensing authority for Category 6 items not consigned for military end use, per the September 2024 SCOMET List amendment (Notification No. 5/2015-2020, Handbook para 10.03(c)).

Summary Table (as of June 2026, per HBP 2023 and SCOMET List effective Oct. 2025):

• Category 0: DAE (all exports)
• Categories 1, 2, 3, 4, 5, 7, 8: DGFT (IMWG review)
• Category 6 (military end use): DDP
• Category 6 (non-military end use): DGFT

Material change: The operationalization of Category 7 is a material development since the prior update. Exporters with emerging technology or advanced electronics should now reference Category 7 and route applications accordingly to DGFT, as per Notification No. 31/2025-26, effective 23 October 2025.

Source: DGFT, Handbook of Procedures 2023 Chapter 10 – SCOMET, Para 10.03 Source: DGFT, Notification No. 5/2015-2020 (as amended, September 2024) Source: DGFT, Notification No. 31/2025-26 – SCOMET List update (23 September 2025) Source: Foreign Trade Policy 2023 Chapter 10 – SCOMET