Ameeta Duggal, the founding partner of DGS Associates, has co-authored an ebook, Export Controls in India: Law and Procedures, and 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 the export, re-export, transit, and trans-cargo of specific goods, services, and technology, which can be used for civilian and army programs. We used to find it challenging to collect facts on 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 them.
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 became a member of the Missile Technology Control Regime in 2016 and 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.
Given those memberships, India is obliged to undertake, implement, and put these controls below its countrywide law and ensure that no dual-use gadgets that could contribute 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 corporations know about India’s export management laws?
Any organization that exports fabric, offerings, or technology intended for civilian use can also be used for weapons of mass destruction, or their shipping systems are challenging to export controls. An Indian corporation exporting additives or generation to manufacturing telecom devices could require a selected authorization. Broadly, companies operating in the defense, aerospace, pharma, telecom, information safety, biotech, logistics, shipping, R&D centers are all challenges to those controls.
