The CBIC vide Instruction No. 26/2025-Customs dated August 14, 2025 issued guidelines regarding export of items suspected to be covered under SCOMET.
Representations have been received in the Board from the Trade as well as field formations in respect of challenges being faced in the matter of appropriate determination of SCOMET items as the items covered under the SCOMET list are highly technical in nature.
In terms of provisions of Foreign Trade Policy 2023 read with Handbook of Procedures, 2023, related to SCOMET, DGFT has constituted an Inter-Ministerial Working Group (IMWG). IMWG’s primary mandate relates to licensing recommendations, strategic risk assessment, and technical classification under SCOMET. In case of any ambiguity regarding coverage of any particular item under SCOMET, the final determination is made by the SCOMET Cell at DGFT in consultation with the Technical Authorities concerned under the aegis of the IMWG. Obtaining such clarifications by exporters prior to export may save avoidable delays and cost in clearance.
Accordingly, DGFT, time to time, issues various clarifications in respect of coverage of certain items under the SCOMET. Board vide Instruction No. 15/2025-Customs dated 12.06.2025 has already informed about the consolidated repository of such SCOMET clarifications available on the CBIC website at the following link: https://www.cbic.gov.in/entities/cbic-content-mst/MTcxMTI3. The repository is to be updated periodically upon receipt of further clarifications from DGFT. In case of any suspected SCOMET item, field formations are advised to refer to the said repository.
In case, no suitable clarification is available in the said repository and no determination can be made with the resources available with the customs officer or with the information provided by the exporter, the matter, with the prior written approval of concerned Commissioner of Customs may be referred to the Single Nodal Point for Strategic Controls in CBIC i.e. Customs-III Section in Customs Policy Wing. The reference must be accompanied with all the technical documents such as technical drawings, product specifications, end-user and end-use details, along with sample images, and a brief note on the issue. Customs-III Section shall seek necessary clarification from DGFT and upon receipt of such clarification, shall share the same with the field formation. Further, field formations are also directed not to directly refer any issue related to STC/SCOMET to DGFT.
It is reiterated that there is no requirement of Chartered Engineer (CE) Certificate for SCOMET Classification and export clearance as far as the Foreign Trade Policy, 2023 is concerned as already informed vide Board’s letter of even number dated 13.03.2025.
Further, vide O.M. of even number dated 18.12.2024, Directorate of International Customs (DIC) has been entrusted with the task of examing Authorized Economic Operator (AEO) with Dual Use (DU) Qualified status as a part of AEO Program. As per FTP/HBP provisions, AEO is one of the pre-requisites for obtaining the Global Authorization for Inter- Company Transfer (GAICT) Scheme and General Authorization for Export of Drones (GAED) Scheme of the DGFT. In this context, DIC is requested to co-ordinate with NACIN and other concerned agencies on the outreach relating to AEO and SCOMET.
It is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the said matter.
The Instructions can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1000559/ENG/Instructions
