The Directorate General of Foreign Trade (DGFT) has notified the Standard Operating Procedure/ Guidelines for Voluntary Disclosure of Non Compliance/Violation related to Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) items and SCOMET Regulations.
The Directorate General of Foreign Trade (DGFT) recognizes that there may be occasions where responsible exporters, did not comply with the export control provisions of the Foreign Trade (Development and Regulation) Act, the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, the Customs Act, or any other relevant law, regulation, order, etc. or license/authorization on export controls issued by DGFT.
The DGFT encourages voluntary disclosures of failure to comply with the export control provisions and supports raising awareness among the exporters to avoid any non-compliance incidents. Voluntary disclosures do not involve cases where the exporter applies for regularization of authorization / post-facto export authorization, on the basis of communication from the relevant Government of India agencies such as DGFT, and Customs.
The Inter-Ministerial Working Group (IMWG) in DGFT constituted for considering the applications for export of COMET items may consider a voluntary disclosure as a mitigating
factor in determining the administrative penalties, if any, that should be imposed.
The IMWG would consider each case on its merit in accordance with the provisions of the
Export and Import Policy determined by the Central Government from time to time, under the Foreign Trade (Development and Regulation) Act, and the Orders issued there under.
Voluntary Disclosure for non-compliance shall not cover the cases for non-compliance or violations for items falling under COMET Category 0 and under CWC Schedules (SCOMET Categories 1A, 1B, &1C).
All voluntary disclosure cases shall be placed by DGFT before the IMWG, in its subsequent meeting for discussion after submission of all complete and supporting documentation by the exporter. The IMWG would consider each case on merit in accordance with the provisions of the Export and Import Policy determined by the Central Government from time to time, and the relevant Indian laws and regulations.
Notification Details
Public Notice No. 40/2024-2025
Date: 15/01/2025
