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DGFT-Standard Operating Procedure (SOP) for voluntary disclosure of non-compliance or violations concerning the export of SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) items and regulations
 

 

 

CHEMEXCIL
Basic Chemicals, Cosmetics & Dyes Export Promotion Council
(Set-up by Ministry of Commerce and Industry, Govt of India)
Jhansi Castle, 4th floor, 7-Cooperage Road,   Mumbai - 400 001.

Tel  :+91-22-69821200 to 206 Fax No : 22-69821226 / 37
Twitter : @chemexcil
E-mail: info@chemexcil.in
Website: http://www.chemexcil.in


EPC:LIC:DGFT:SCOMET:SOP:2024-25:1385                                                          20th Jan 2025

TO,

ALL THE MEMBERS OF THE COUNCIL

 

DGFT-Standard Operating Procedure (SOP) for voluntary disclosure of non-compliance or violations concerning the export of SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) items and regulations

 

Dear Sir/Madam,

The office of Directorate General of Foreign Trade (DGFT) has issued a Public Notice No. 40/2024-25 dated 15th January 2025 on above subject.

The DGFT has notified the procedure of voluntarily discloser of non-compliance/violations related to export of SCOMET items and SCOMET regulations as per para 10.19 of HBP export control provisions, aiming to raise awareness and prevent future violations.

The Annexures of this notice specifies the standard operating procedure/guidelines for voluntary disclosure of non-compliance or violations concerning the export of SCOMET (Special Chemicals, Organisms, Materials, Equipment, and Technologies) items and regulations. This process is not applicable to cases involving SCOMET Category 0 items or those under CWC Schedules (SCOMET Category 1A, 1B, 1C).

The notice outlines various types of violations that can be disclosed, including unauthorized exports of SCOMET items, exports to UNSC-sanctioned entities without knowledge, and failure to comply with reporting requirements. It also notes that voluntary disclosures may still lead to penalties or administrative actions, depending on the circumstances surrounding the violation. To initiate a voluntary disclosure, exporters must notify the DGFT immediately upon discovering a violation and conduct a thorough internal review. They are required to submit relevant details and documentation to the SCOMET Division of DGFT within a specified timeframe, typically 30 days. While filing voluntary disclosure, exporters must provide a written disclosure accompanied by a covering letter from a senior officer, along with various supporting documents such as licensing documents and shipping records. The IMWG (Inter Ministerial Working Group) will review these submissions and make recommendations based on the merits of each case.

The detailed notice can be viewed on below link
https://content.dgft.gov.in/Website/dgftprod/3d079771-987a-4dad-bd09-62dd62fa8816/PN%2040%20Eng.pdf

Exporters are advised to go through this important notice and do the needful.

Thanks and Regards

Raghuveer Kini
Director General

CHEMEXCIL

Encl : PN 40 Eng.