In India, if you are exporting items for civilian or commercial use, you may be subject to export controls if the item has dual-use applications. A dual-use item is any hardware, software, or technology with both civilian uses and potential terrorism, military, or weapons of mass destruction (WMD)-related applications. Such items are listed in India’s Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) List.
The SCOMET is divided into 8 categories:
(Source: NCSTC 2025 Handbook on India’s Strategic Trade Control System)
The categories on the SCOMET list indicate how an item may have both civil or industrial uses and military or WMD applications. Although the list appears to cover a wide range of products, proper classification determines what is actually controlled by comparing an item’s characteristics with those specified in the lists. Classification involves reviewing the description, specifications, end use, and other relevant details of materials, equipment, software, technology, parts, and components. Furthermore, if classifiable under two or more headings, the most specific description is preferred over the more general description. The SCOMET list also indicates that the end use of an item is a relevant criterion in determining its classification. Finally, after identifying the classification category, exporters should also identify the subcategory under which their item falls.
For exporters in the United States who have supply chains interacting with India, the good news is if you have experience in interacting with the Export Administration Regulations (EAR), the SCOMET list, through its General Software Note, incorporates in someways similar concepts from the EAR, such as mass market item classification and the license exception for technology and software – unrestricted (TSU), which states that operational software in object code format does not require export licensing.
However, only Indian companies can apply for an SCOMET license. Foreign companies would have to coordinate the application through local Indian entities or incorporate in India. Shipments without a license can violate India’s Foreign Trade (Development & Regulation) Act, 1992.
At Centre, we have experienced export control attorneys who can help with the classification of your product. If you have any questions or need any additional information, contact the author at ssivakumar@centrelawgroup.com or the Centre Law attorney with whom you normally work.
