Indias Export Controls in relation to BTWC By Dr. Ajay Kumar - - PowerPoint PPT Presentation

By

• Dr. Ajay Kumar

Deputy Secretary (Disarmament & International Security Affairs) Ministry of External Affairs of India

India’s Export Controls in relation to BTWC

Scope

BTWC provisions (Article III) Legal framework for India’s export

controls

India’s export control list: SCOMET Rules for handling microorganisms, etc WMD Act: Salient features Licensing procedure Enforcement

BTWC

Article III

Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States

• r international organizations to manufacture or
• therwise acquire any of the agents, toxins,

weapons, equipment or means of delivery specified in Article I of this Convention.

Legal Framework

Foreign Trade (Development and Regulation)

Act 1992 (FTDR Act)

SCOMET list

(http://164.100.9.245/exim/2000/not/not07/not2707.

htm)

Implementation of UN sanctions/embargoes Environment Protection Act 1986 Rules for the Manufacture, Use, Import,

Export and Storage of Hazardous Microorganisms, Genetically Engineered Organisms or Cells, 1989

WMD and their Delivery Systems Act 2005 Customs Act 1962

SCOMET list

Category 0: Nuclear materials, nuclear-related other materials, equipment and technology Category 1: Toxic chemical agents and other chemicals Category 2: Micro-organisms and Toxins Category 3: Materials, Materials Processing Equipment, and Related Technologies Category 4: Nuclear-related other equipment and technology, not controlled under Category 0 Category 5: Aerospace systems, equipment, including production & test equipment, & related technology Category 6: Reserved for future use Category 7: Electronics, computers, and information technology including information security Five digit codes to various sub-categories under these 8 categories

SCOMET

• 2A

Bacteria (28)

• 2B

Fungi (5)

• 2C

Parasites (16)

• 2D

Viruses (53)

• 2E

Rickettsials (4)

• 2F

Toxins (17)

• 2G

Plant pathogens (24)

• 2H

Genetically Modified Organisms

• 3D004

Equipment related to P3, P4 facilities such as protective suits and class III safety cabinets.

Significant overlap with Australia Group control lists Further details available at

http://164.100.9.245/exim/2000/not/not07/not270 7.htm

Rules for dealing in Hazardous Microorganisms, GE Organisms or Cells

Role of Committees

Recombinant DNA Advisory Committee Review Committee on Genetic Manipulation Institutional Bio Safety Committee Genetic Engineering Approval Committee

Microorganisms listed in Rules (overlap with

SCOMET)

(i) Bacterial Agents; (ii) Fungal Agents; (iii) Parasitic Agents; (iv) Viral, Rickettsial and Chlamydial Agents; (v) Special Category.

WMD Act 2005

National commitment not to transfer WMD or

their means of delivery to any person (inc non- state actors)

Overarching legislation covering controls on

transfers of material, equipment and technologies that could find use in a NW,CW, BW or their means of delivery

Prohibition on manufacture, acquisition,

possession, development, transport, transfer, of BW or their means of delivery.

Covers brokering, transit, transhipment controls Catch-all provision

LICENSING

*IMWG-Inter-Ministerial Working Group Standing body Meets every month Works by consensus NOCs required from all members

Enforcement

Customs (Ministry of Finance) DGFT (Ministry of Commerce) Ministry of External Affairs

THANK YOU