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A to Z Legal Solutions
Sohna, India

A to Z Legal Solutions focuses on legal services for the online gaming sector, with expertise tailored to players, game developers, and other industry professionals.
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India Sanctions & Export Controls Legal Questions answered by Lawyers

Browse our 2 legal questions about Sanctions & Export Controls in India and read the lawyer answers, or ask your own questions for free.

Do I need a SCOMET license from DGFT to export dual-use drone components from India to a buyer in the UAE?
Corporate & Commercial Sanctions & Export Controls
My Bangalore-based startup manufactures specialized GPS and transmitter components which could have both civilian and military applications. A client in Dubai wants to import these, but I am worried about violating India's export control laws. I need to know if these parts fall under the SCOMET list and how to... Read more →
Lawyer answer by Oikonomakis Law Firm

Dear Sir/Madam, Thank you for your communication regarding the proposed export from India to the United Arab Emirates of specialized GPS and transmitter components manufactured by your Bangalore-based startup. The matter you describe requires careful legal and regulatory assessment, because...

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1 answer •
Can my Indian startup sell encryption software to a client in Iran without breaking sanctions?
Sanctions & Export Controls
We provide a cloud-based encryption tool and an Iranian company wants to subscribe and pay in euros. I’m unsure if providing software-as-a-service counts as an export and what permissions or checks are required.
Lawyer answer by Ishan Ganguly

In view of the proposed subscription by an Iranian entity for cloud-based encryption services, it is imperative to conduct a rigorous compliance audit to circumvent potential Vitiation of Process under international trade cartels and statutory mandates. The provision of Software-as-a-Service...

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1 answer •

India Sanctions & Export Controls Legal Articles

Browse our 4 legal articles about Sanctions & Export Controls in India with practical legal information.

India Export Controls and Sanctions Checklist for Tech
Sanctions & Export Controls
India Export Controls and Sanctions Checklist for Multinational Tech Firms Multinational tech firms must classify all hardware, software, and technical data against India's Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) list before exporting. Uploading controlled technology to foreign cloud servers qualifies as an export and requires prior Directorate General... Read more →
How to Navigate India's SCOMET Dual-Use Export Controls
Sanctions & Export Controls
Commercial items need licenses: Do not assume a product is exempt because it is for civilian use. Many ordinary commercial products containing encryption, sensors, or specialized materials trigger SCOMET licensing. The process takes 45 to 90 days: SCOMET licenses go through an Inter-Ministerial Working Group (IMWG) review. It is a... Read more →
SCOMET Investigations vs Government Audits in India
Sanctions & Export Controls
SCOMET Internal Investigations vs. Government Audits in India: A Corporate Survival Guide If you manage dual-use technology, software, or advanced equipment in India, SCOMET (Special Chemicals, Organisms, Materials, Equipment and Technologies) rules are a primary risk area. With the strict enforcement of Category 7-covering advanced semiconductors, quantum computing, and cryogenic... Read more →

Export-control issues that can affect Sohna businesses

Sohna businesses are subject to India’s national export-control and sanctions rules, even when goods leave through a customs facility outside Haryana. Manufacturers, traders and logistics businesses may need to check product classification, destination, end user and intended use before agreeing to a shipment.

Some goods, software and technology appear on India’s SCOMET list of controlled items and may require prior authorisation. Restrictions can also arise from the proposed end use or end user, foreign sanctions affecting a transaction, or export-payment and banking requirements.

A lawyer can help assess the rules for a particular transaction, prepare an application or response, and coordinate with the relevant authorities. Advice is especially useful before a contract or shipment becomes difficult to change.

When you may need an export-controls lawyer

  • Your Sohna business plans to export machinery, electronics, chemicals, software or technical information and is unsure whether the item falls under SCOMET controls.

  • A buyer, intermediary, vessel or end user appears on a sanctions list, or a bank has queried a payment connected with the transaction.

  • Customs has detained a consignment, requested supporting documents or raised concerns about classification, licensing or the declared end use.

  • A foreign customer asks for assurances about sanctions, re-export restrictions or end use that your business cannot verify from its records.

  • Your company has received a DGFT notice, faces a possible authorisation breach, or needs to correct an earlier export declaration.

Key Indian laws and rules

  • Foreign Trade (Development and Regulation) Act, 1992: This Act provides the framework for regulating imports and exports and for action concerning contraventions. The Foreign Trade Policy 2023, effective from 1 April 2023, sets out current policy requirements, including controls relevant to SCOMET items.

  • Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005: The Act restricts specified dealings connected with weapons of mass destruction and their delivery systems. Amendments in 2022 strengthened provisions concerning financing and targeted financial sanctions.

  • Foreign Exchange Management Act, 1999: FEMA governs foreign-exchange transactions, including requirements relevant to export receipts. Exporters should consider FEMA requirements alongside any product authorisation and customs procedures.

Which rules apply depends on the goods or technology, destination, parties and transaction structure. A lawyer should verify the current policy and applicable notifications before advising on a particular shipment.

Frequently asked questions

Do Sohna businesses have to follow India’s export-control rules?

Yes. These are national rules, so a business based in Sohna must comply when its transaction falls within their scope. Sending goods through a customs facility in another city does not remove that responsibility.

What does SCOMET mean?

SCOMET refers to Special Chemicals, Organisms, Materials, Equipment and Technologies. India’s control list covers specified items and related technology, and some exports require prior authorisation.

Does every export require a licence?

No. Whether authorisation is required depends on the item, destination and applicable rules. Check the current control list and any end-use requirements before shipment rather than relying only on a product’s commercial description.

Does my business need an Importer Exporter Code?

An Importer Exporter Code is generally required for importing or exporting goods, subject to applicable exceptions. The Directorate General of Foreign Trade administers the code and related procedures.

Can Indian law restrict an export even if the item is not listed?

Potentially. End-use, end-user or other applicable restrictions may matter even when an item does not appear to be controlled by its ordinary description. Seek advice if there are concerns about a connection to prohibited weapons programmes or other restricted activity.

Do foreign sanctions automatically apply to a Sohna company?

Not necessarily. Their effect depends on the relevant foreign law and the transaction’s connections, such as a foreign bank, customer, affiliate or contract. A company may still face practical payment or trading difficulties even when the legal position is uncertain.

What should I do if customs detains my shipment?

Obtain the written notice or request, preserve shipping and product records, and note any response deadline. A lawyer can review the stated concern and help prepare a factual response or pursue the appropriate process.

Who can apply for an export authorisation?

The exporter or another eligible applicant may need to apply through the applicable DGFT process. The correct applicant, supporting documents and approval route depend on the item and transaction.

How long does an authorisation or compliance review take?

There is no single timeline for every application or inquiry. Completeness of documents, the type of item and any request for further information can affect timing, so allow for review before setting a shipment date.

How much does an export-controls lawyer cost in Sohna?

There is no standard legal fee fixed for this work. Costs depend on whether the task is a product-classification review, an application, contract advice or a response to an enforcement matter; request a written scope and fee estimate.

Can a lawyer help if a foreign customer requires sanctions assurances?

Yes. Counsel can review the proposed representations, identify what checks are reasonable and help align contract terms with records the business can support. Do not certify facts about an end user or supply chain that have not been verified.

How is export-control advice different from customs advice?

Export-control advice addresses whether an item, destination, party or end use is restricted and whether authorisation is needed. Customs advice focuses on declarations, classification, clearance and related border procedures, though the issues can overlap.

Official resources

These national authorities administer rules relevant to Sohna businesses; the appropriate office or process depends on the matter.

  • Directorate General of Foreign Trade (DGFT): Administers the Foreign Trade Policy, Importer Exporter Codes and relevant authorisation procedures, including those for controlled exports.

  • Central Board of Indirect Taxes and Customs (CBIC): Oversees customs administration and publishes information about customs procedures and enforcement.

  • Reserve Bank of India (RBI): Issues and administers foreign-exchange directions relevant to transactions such as export receipts and payments through authorised banking channels.

Steps to find and hire a lawyer

  1. Gather the transaction records. Within a day, collect product specifications, proposed destination, buyer and end-user details, contracts, invoices and any authority or bank notices.

  2. Identify the immediate issue. Note whether the concern is product classification, a possible sanctions match, a licence, a detained shipment or an approaching response deadline. If goods are held, seek advice promptly rather than waiting for a routine appointment.

  3. Shortlist suitable advocates. Look for lawyers who can show relevant work involving Indian foreign-trade rules, DGFT authorisations, customs matters or sanctions screening. Confirm professional enrolment and ask who will handle the matter.

  4. Arrange an initial consultation. Within the next few days, ask the lawyer to explain the governing rules, likely options, information still needed and any urgent deadlines. Share records securely and disclose adverse facts as well as favourable ones.

  5. Compare written proposals. Before engaging counsel, request the work scope, fee basis, expected deliverables, likely disbursements and how additional work will be approved. Compare proposals on relevant experience and clarity, not price alone.

  6. Agree on responsibilities and timing. Confirm who will contact DGFT, customs or other bodies, who will provide technical information, and when updates are due. Keep shipment and payment decisions under review while advice or an application is pending.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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