SC OMET Update: Ame ndme nt t o

Appe ndix 3 [List of SCOMET Ite ms] t o

Sche dule - 2 of ITC (HS) Cl assi ficati on of
Ex port and I mport Ite ms, 2018 August 30, 2023

Dear Reader,
We are writing to you with an important update regarding the list of Special Chemicals, Organisms, Materials, Equipment, and Technologies
(SCOMET) items regulated by the Directorate General of Foreign Trade (DGFT), India.
The DGFT maintains a list of SCOMET items i.e., dual-use items which have the potential for both civil application
Background as well as weapons of mass destruction. Currently, the list organizes the SCOMET items under eight (8) categories.
The export of these items is permitted only against export authorization (unless the export of the concerned item
is prohibited or permitted subject to fulfilling certain conditions).
On August 28, 2023, the DGFT vide notification no. 27/2023 issued an updated and revised list of SCOMET items
(Updated and Revised SCOMET list). The relevant notification and the Updated and Revised SCOMET list are
available here and here respectively.

Scope of I. Expansion of the Scope of the SCOMET Items

Amendment The DGFT through the above notification has expanded the scope of SCOMET items falling under various
categories. An indicative list of the same is provided below.

Category Sub-category Name of the SCOMET item

included post-amendment
2B008 Bipolaris oryzae (Cochliobolus miyabeanus,
Helminthosporium oryzae)
2B009 Pseudocercospora ulei (Microcyclus ulei,
Category 2: Dothidella ulei)
Micro-organisms, toxins 2F027 Brevetoxins
2F028 Gonyautoxins
2F029 Nodularins
2F030 Palytoxin
6A004 Submunitions therefor
6A011.a Cryptographic functionality
6A011.b Jamming equipment designed or modified to
Category 6: hinder the reception, operation or effectiveness of
Munitions List positioning, navigation or timing services provided
by "satellite navigation systems", and specially
designed components therefor;
8D401.b "Software", other than that specified by 8D401.a.,
specially designed or modified for the
Category 8: Special "development" or "production" of equipment as
Materials and Related follows:
Equipment, Material 1. "Digital computers" having an 'Adjusted Peak
Processing, Electronics, Performance' ('APP') exceeding 24 Weighted
Computers, TeraFLOPS (WT);
Telecommunications, 8E401.b b. "Technology" (according to the General
Information Security, Technology Note)other than that specified by
Sensors and Lasers, 8E401.a., for the "development" or "production"
Navigation and Avionics, of equipment as follows:
Marine, Aerospace and 1. "Digital computers" having an 'Adjusted Peak
Propulsion Performance' ('APP') exceeding 24 Weighted
TeraFLOPS (WT);
II. Clarificatory Amendment
In addition to the above, certain clarificatory amendments have also been made to the list of SCOMET items. An
indicative list of the same is provided below.

Category Sub-category Clarificatory amendment

3B007 Note: Item 3B007 does not control batch mixers,
continuous mixers and fluid energy mills.

N.B. For batch mixers, continuous mixers and fluid

energy mills, see 3B014 and 3B015.
3D008 Technical note: ‘Disinfected’ denotes a process to
Category 3: Materials, reduce the number of microorganisms but not
Materials Processing usually of bacterial spores, through the use of
Equipment and related chemical agents, without necessarily killing or
technologies removing all organisms.
3D011 Note 2: This control includes any isolator meeting
all of the above-mentioned characteristics,
regardless of its intended use and its designation,
except for medical isolators specially designed for
barrier nursing or transportation of infected
patients.
Category 5: Aerospace 5A Note: Ballistic missiles (regardless of their end use)
systems, equipment, and their related systems will be classified under
including production and subcategory 6A004 (Munitions List)
test equipment, related 5A217 Note: Apparatus and devices specified in 5A217.a
technology and specially include those installed on a manned aircraft or an
designed components and unmanned aerial vehicle.
accessories therefore
6A004 N.B. For grenade or canister ammunition for
weapons or projectors specified in 6A001. Or
6A002. and submunitions specially designed for
ammunition, see 6A003.
6A010 Note 2: 6A010.f. does not apply to:
1. Towbars;
2. Protective mats and covers;
Category 6: 3. Ladders, steps and platforms;
Munitions List 4. Chocks, lashings and tie-down equipment
6A013.d.1 Note 5: 6A013.d.1. does not apply to protective
eyewear.
N.B. For laser protective eyewear, see 6A017.o.
N.B. 1 See also entry 8A105 on the Dual-Use List.
N.B. 2 For "fibrous or filamentary materials" used
in the manufacture of body armour and helmets,
see entry 8C110 on the Dual-Use List
8A703 Technical Notes:
1. For the purposes of 8A703., 'inertial
measurement equipment or systems' incorporate
accelerometers or gyroscopes to measure changes
Category 8: Special in velocity and orientation in order to determine or
Materials and Related maintain heading or position without requiring an
Equipment, Material external reference once aligned.
Processing, Electronics, 'Inertial measurement equipment or systems'
Computers, include:
Telecommunications, - Attitude and Heading Reference Systems (AHRSs);
Information Security, - Gyrocompasses;
 Sensors and Lasers, - Inertial Measurement Units (IMUs);
Navigation and Avionics, - Inertial Navigation Systems (INSs);
Marine, Aerospace and - Inertial Reference Systems (IRSs);
Propulsion - Inertial Reference Units (IRUs).
2. For the purposes of 8A703, 'positional aiding
references' independently provide position, and
include:
a. "Satellite navigation system";
b. "Data-Based Referenced Navigation" ("DBRN").
III. Amendments pursuant to the GAED and GAEC Policies
Finally, in furtherance to the (i) General Authorization for Export of Drones (GAED) policy introduced recently by
the Government of India and (ii) the recent expansion of chemicals falling under the General Authorization for
Export of Chemicals (GAEC), the Updated and Revised SCOMET list merely incorporates the sub-categories and
items thereunder that can be exported under the GAED and GAEC.

Date of To provide transition time to the relevant businesses, the changes made to the list of SCOMET items under the
Implementation aforementioned notification are effective from September 28, 2023 i.e., 30 days after the issuance of the
notification dated August 28, 2023.

Way To obtain export authorization to export the SCOMET items, the exporters would need to submit an application in
Forward/What the prescribed format to the Directorate General of Foreign Trade (DGFT), Department of Atomic Energy (DAE), or
Department of Defence Production (DDP)/ Ministry of Defence, as appropriate. The procedure to file the said
should application is laid down under the Foreign Trade Procedure, which is available here.
companies do?
For any queries or comments on this update, please feel free to contact us at [email protected]
Disclaimer: The information provided in this update is intended for informational purposes only and does not constitute legal opinion or advice. Readers are requested to seek
formal legal advice prior to acting upon any of the information provided herein.
Should you wish to unsubscribe please write to us here.

© Economic Laws Practice 2023