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Dear Learned Friends,

This has reference to Notification No.38 (RE-2010) /2009-2014, Dated: March 31, 2011 {FT(D&R) Act,1992} which along with few others such as Notification No. 27 Dated 7th September, 2007 & Notification No.122 Dated 19th August, 2009 have triggered lots of concern among personnel in IT industry who have sought an evaluation, risk and impact analysis of these notifications on Software companies in order not to breach Indian national export control regulation.

Please help me analyze any impact of the regulation on R&D exports / technology transfer defined under Hardware / Software / Equipment CPTE

Since these notifications seem currently operational and effective, the steps for every Hardware, Technology, software in connection with products and / or equipment requires re-evaluation by software (SW) companies in general. This also seems to be the case for every information stored at servers located in India and forseen to be down loaded by its overseas holding/parent company employees. Hence, non-compliance of the notifications if applicable to the entire software industry is best avoided.

In order to enable me complete my research on this topic, I seek your valuable inputs on the following:

a) Mention of such generic terms as "Electronics, Computers, Information Technology including Information Security" in the notifications, which comprises major part of all companies under IT sector/industry seems to imply applicability of these notifications across all software companies in India. Is this a correct assessment ?

b) Alternately, does the above notifications apply only to those companies that are actively engaged in developing weapons or weapons related technology ? If so, is there a list of Companies registered in India that are covered by these notifications automatically ?

c) Is there a mechanism through which software companies, not involved in developing weapon related technology, can seek exemption from these notifications ?

I have sought clarifications on this subject from my few known personal contacts without success. Without any better alternative, I seek your early valuable response for which I will be immensely grateful.

Thanking you,

Yours truly,


AKN, Were you able to get the information you need and complete your research? Please advice. I needed some guidance on this as well.
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