List of SCOMET Items Widened
[Ref: DGFT Notification 15(RE-05)/ 2004-2009 RE) dated 15 July 2005]
S.O.(E)- In exercise of powers conferred by Section 5 of the Foreign Trade ( Development and Regulation ) Act, 1992 read with paragraph 2.1 of the Foreign Trade Policy, 2004-09, the Central Government hereby amends the ITC(HS) Classification of Export and Import Items, 2004-09 as under.
2. The List of Special Chemicals, Organisms, Materials, Equipment and Technologies as given in Appendix 3 to Schedule 2 of ITC(HS) (HS) Classification of Export and Import Items, 2004-09 stands amended. The amended Appendix-3 is annexed.
3. The restrictions on export of items listed under Category ‘O’ of Appendix – 3 , namely “ Nuclear materials, nuclear-related other materials, equipment and technology ” shall however come into effect from the date of promulgation of relevant notifications by the Department of Atomic Energy under the Atomic Energy Act,1962. Until such time, restrictions on the list of items under this category, as notified by this Department vide Notification No 2 / 2004-2009 dated 31.8.2004 shall continue to be in force.
4. This issues in Public interest.
(Issued from File No. 01/91/171/14/AM06/PC.III)
APPENDIX-3
Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) export of which is regulated
Note: Please see the Policy Statement at Code No. 0005 in table A of Schedule 2 of the ITC (HS) Classifications of Export and Import Items.
Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) listed below shall be permitted only against an export licence issued in this behalf unless export is prohibited or is permitted without licence subject to fulfilment of conditions, if any, as indicated under/against any specific category or item.
Exporters are advised to refer to the relevant guidelines relating to the export of SCOMET items in the Handbook of Procedures (Vol.I), as issued from time to time.
Glossary: Expressions used in the SCOMET List below have the following meanings:
“Development”: Activity related to all phases prior to “production” such as design, design research, design analysis, design concepts, assembly and testing of prototypes, pilot production schemes, design data, process of transforming design data into a product, configuration design, integration design, layouts.
“Microcircuit”: A device in which a number of passive and/or active elements are considered as indivisibly associated on or within a continuous structure to perform the function of a circuit.
“Microprogrammes”: A sequence of elementary instructions maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction register.
“Production equipment”: Tooling, templates, jigs, mandrels, moulds, dies, fixtures, alignment mechanisms, test equipment, other machinery and components thereof, limited to those specially designed or modified for “development” or for one or more phases of “production”.
“Production facilities”: Equipment and specially designed “software” thereof integrated into installations for “development” or for one or more phases of “production”.
“Programmes”: A sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer.
“Radiation hardened”: Means that the component or equipment is designed or rated to withstand radiation levels which meet or exceed a total radiation dose of 5 x 104 Gy (Silicon).
“Software”: A collection of one or more “programmes”, or “micro-programmes”, fixed in any tangible medium of expression. However, unless otherwise provided for against any item on the SCOMET List, the List does not control “software” which is either in the ‘public domain’ or is generally available to the public by being :
a. Sold from stock at retail selling points without restriction, by means of:
1. Over-the-counter transactions;
2. Mail order transactions; or
3. Telephone call transactions; and
b. Designed for installation by the user without further substantial support by the supplier.
“Public domain” means a domain that has no restrictions upon dissemination of information within or from it; the existence of any legal rights to the intellectual property in that information does not remove the information from being in “public domain.”
“Technology” means, except as otherwise provided for against any item in the SCOMET List, information (including information embodied in software) other than information in the public domain, that is capable of being used in:
a. the development, production or use of any goods or software;
b. the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind.
Explanation: When technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods.
“Specially designed” qualifies the description of equipment, parts, components or “software” which, as a result of “development”, have unique properties that distinguish them for certain predetermined purposes. For example, a piece of equipment that is “specially designed” will only be considered so if it has no other function or use. Thus a piece of manufacturing equipment that is “specially designed” to produce a certain type of component will only be considered such if it is not capable of producing other types of components.
“Designed or modified” describes equipment, parts or components which, as a result of “development,” or modification, have become endowed with specified properties that make them fit for a particular application.
“Usable in,” “usable for,” “usable as” or “capable of” qualifies the description of equipment, parts, components, materials, technology or “software” which are suitable for a particular purpose. There is no requirement that the equipment, parts, components, technology or “software” should have been configured, modified or specified for that particular purpose. (Contrast with “specially designed” – see above).
“Modified” in the context of “software” describes “software” which has been intentionally changed such that it has properties that make it fit for specified purposes or applications. Its properties may also make it suitable for purposes or applications other than those for which it was “modified.”
“Use” includes operation; installation (including on‑site installation); maintenance; repair; overhaul; refurbishing.
Items on the SCOMET List are organised in the following categories.
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Nuclear materials, nuclear related other materials, equipment and technology |
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0A |
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Prescribed Substances |
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0A1 |
Source Material |
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0A2 |
Special Fissionable Material |
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0A3 |
Other Materials |
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0B |
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Prescribed Equipment |
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0C |
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Technology |
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Toxic chemical agents and other chemicals |
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1A |
Prohibited chemicals |
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1B |
Chemicals permitted only to States party to the Chemical Weapons Convention |
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1C |
Chemicals permitted also to States not party to the Chemical Weapons Convention |
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Micro-organisms, toxins |
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2A |
Bacteria |
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2B |
Fungi |
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2C |
Parasites |
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2D |
Viruses |
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2E |
Rickettsials |
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2F |
Toxins |
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2G |
Plant pathogens |
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2H |
Genetically Modified Organisms |
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Materials, Materials Processing Equipment and related technologies |
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3A |
Materials |
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3A1 |
Special materials |
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3A2 |
Structural materials |
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3A3 |
Rocket propellants and constituent chemicals |
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3A4 |
High explosives |
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3A5 |
Stealth materials |
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3B |
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Materials processing and production equipment, and related technology |
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3C |
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[Reserved] |
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3D |
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Chemical and biomaterial manufacturing and handling equipment and facilities |
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Nuclear-related other equipment and technology, not controlled under Category 0 |
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4A |
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Equipment, assemblies, components including test and production equipment |
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4B |
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Equipment, assemblies, components including test and measurement equipment usable in development of nuclear explosive devices |
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4C |
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Technology |
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Aerospace systems, equipment, including production and test equipment, and related technology |
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5A |
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Rocket systems |
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5A1 |
Systems |
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5A2 |
Production and test equipment |
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5A3 |
Technology |
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5B |
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Unmanned aerial vehicles |
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5C |
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Avionics and navigation systems |
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5D |
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Manned-aircraft, aero-engines, related equipment and components |
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5E |
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Micro-light aircraft and powered ‘hang-gliders’ |
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[RESERVED] |
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Electronics, computers, and information technology including information security |
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7A |
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Electronics |
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7B |
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Electronic test equipment |
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7C |
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Computers |
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7D |
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Information technology including information security |
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7E |
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[Reserved] |
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