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

India’s Export Controls in relation to BTWC By Dr. Ajay Kumar Deputy Secretary (Disarmament & International Security Affairs) Ministry of External Affairs of India

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 or international organizations to manufacture or otherwise 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 o 2A Bacteria (28) o 2B Fungi (5) o 2C Parasites (16) o 2D Viruses (53) o 2E Rickettsials (4) o 2F Toxins (17) o 2G Plant pathogens (24) o 2H Genetically Modified Organisms o 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

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