New book highlights significance of export control laws

Ameeta Duggal, the founding partner of DGS Associates, has co-authored a book, Export Controls in India: Law and Procedures, with her colleague Aditi Warrier, an associate at the firm. In the foreword to the book, Finance Minister Arun Jaitley calls it “a commendable effort in bridging the gap between the existing regulatory framework and the lack of awareness in the industry”.

Duggal, who heads the trade laws practice at her firm, speaks to India Business Law Journal about the book.

Q. Why did you choose to write about export controls?

Export controls have a huge significance in the global trade scenario where strategic or dual-use goods are traded. Yet, it is not an area that is actively looked into by the Indian industry. These are controls on export, re-export, transit and trans-shipment of specified goods, services and technologies, which can be used for both civilian and military applications. We used to find it challenging to gather information on this subject while finalizing contracts and advising clients on export controls. Hence, I decided to collate all the information on Indian export controls and publish it.

Q. Could you tell us how the subject of export controls is significant today?

Export controls are integral to companies engaged in cross-border trade. Significantly, the obligations under the export control regime extend to any re-export of the subject item. Export control is a country’s fulfilment of its non-proliferation obligations under the UN Security Council Resolutions and the multilateral export control regimes. India became a member of the Missile Technology Control Regime in 2016 and of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies in December 2017 and the Australia Group in January 2018.