SCOMETExport ControlDGFTDual-UseTechnology Transfer
AMLEGALS / Regulatory & Compliance / SCOMET and Export Control India
Regulatory and FEMA compliance

SCOMET and Export Control India

SCOMET licensing and export-control compliance for foreign technology firms.

Strategic context

The issues that decide the outcome

Foreign technology firms operating in India through a subsidiary, a capability centre, or a joint venture frequently handle items, software, and technology that appear on the SCOMET list, which covers special chemicals, organisms, materials, equipment, and dual-use technologies. Export of a SCOMET item, including transfer of controlled technology to a foreign national or transmission of controlled software abroad, requires a licence from the DGFT, and deemed export and intangible technology transfer are both caught.

The exposure is easy to miss because the controlled transfer is often an email, a source-code push, or a technical discussion with an overseas colleague rather than a physical shipment. We classify the firm technology against the SCOMET list, build an internal compliance programme covering deemed exports and intangible transfers, and manage individual and global authorisation applications so that cross-border engineering work continues without breaching export-control law.

Workstreams

How AMLEGALS acts

01

SCOMET classification

Mapping products, software, and technology against the SCOMET list categories to identify what is controlled and at what level.

02

Intangible-transfer controls

Addressing the high-risk exposure from technology transfer by email, cloud access, and technical discussion with foreign nationals, including within the same corporate group.

03

Licensing applications

Preparing individual, global, and bulk authorisation applications to the DGFT with the technical justification and end-use documentation.

04

Internal compliance programme

Building a company-wide export-control programme with screening, access controls, record-keeping, and the internal compliance programme the DGFT recognises for expedited processing.

05

End-use and end-user screening

Implementing denied-party and end-use screening aligned to India obligations under the multilateral export-control regimes.

06

Voluntary disclosure

Advising on voluntary disclosure and remediation where a past unlicensed transfer is identified, to mitigate penalty exposure under the WMD Act and FTDR Act.

Answers

Frequently asked questions

01Does sending source code to an overseas team count as an export?

Yes, if the software or the underlying technology is on the SCOMET list. Intangible transfer of controlled technology, including by email, cloud upload, or remote access, is treated as an export and requires authorisation, even to colleagues in the same group abroad.

02Who needs a SCOMET licence?

Any person or entity in India exporting or transferring a listed item, software, or technology, including foreign-owned subsidiaries and capability centres. The obligation attaches to the exporter in India regardless of the ownership of the parent.

03What are the consequences of an unlicensed SCOMET export?

Penalties under the FTDR Act and the WMD Act, suspension or cancellation of the Importer-Exporter Code, and potential prosecution. A robust internal compliance programme and, where needed, voluntary disclosure are the main mitigants.

04Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.

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