Ameeta Duggal, the founding partner of DGS Associates, has co-authored an ebook, Export Controls in India: Law and Procedures, along with her colleague Aditi Warrier, an accomplice on the firm. In the foreword to the ebook, Finance Minister Arun Jaitley calls it “a commendable effort in bridging the gap between the present regulatory framework and the lack of awareness within the industry”.
Q. Why did you choose to write down approximately export controls?
Export controls have a massive significance inside the worldwide alternate state of affairs where strategic or dual-use items are traded. Yet, it isn’t always a place this is actively regarded via the Indian enterprise. These are controls on export, re-export, transit, and trans-cargo of specific goods, services, and technology, which can be used for both civilian and army programs. We used to locate it challenging to collect facts in this issue whilst finalizing contracts and advising clients on export controls. Hence, I decided to collate all the records on Indian export controls and post it.
Q. Could you tell us how the challenge of export controls is huge today?
Export controls are fundamental to groups engaged in pass-border trade. Significantly, the responsibilities below the export control regime increase to any re-export of the concerned object. Export manipulate is a rustic’s fulfillment of its non-proliferation responsibilities underneath the UN Security Council Resolutions and the multilateral export control regimes. India has become a member of the Missile Technology Control Regime in 2016 and of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies in December 2017 and the Australia Group in January 2018.
In view of those memberships, India is obliged to undertake, implement and put into effect these controls below its countrywide law and ensure that no dual-use gadgets which could make a contribution to proliferation are transferred from or through India. Multinational agencies, in particular, whose parent entities are located within the US or EU, are particularly strict approximately compliance with export control laws.
Q. What have to corporations know about India’s export manage laws?
Any organization that exports fabric, offerings or technology which are intended for civilian use however also can be used for weapons of mass destruction or their shipping systems are challenging to export controls. For example, an Indian corporation exporting additives or generation for the manufacturing of telecom device could require a selected authorization. Broadly, companies operating in defense, aerospace, pharma, telecom, information safety, biotech, logistics, shipping, R&D centers are all challenges to those controls.
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