Citation(s) from the literature library

India. 2010 ‘Export Controls.’ National Report of India on its Implementation of the International Instrument to Enable States to Identify and Trace, In a Timely and Reliable Manner, Illicit Small Arms and Light Weapons (and the UNPoA); Chapter 2, p. 8. New York, NY: Permanent Mission of India to the United Nations. 31 January

Relevant contents

Export Controls

Export of all lethal items as well as other equipment and stores manufactured by Defence Public Sector Undertakings (DPSUs) and Indian Ordnance Factories (which includes SALWs) is governed by a regime administered by the Ministry of Defence in consultation with the Ministry of External Affairs. DPSUs and ordnance factories may export their items only on receipt of a 'No-Objection Certificate' (NOC) from the Department of Defence Production and Supplies, Ministry of Defence. The grant of an NOC is subject, inter alia, to an end-user certificate-on a government-to-government basis-and to conformity with foreign policy objectives-which includes a ban on exports to countries under UN embargo.

In addition, provisions of the Arms Act (1959) and Arms Rules (1962) have very stringent provisions governing the export and import of small arms. Section 10 of the Arms Act (1959) requires that any one intending to engage in export/import of arms should first acquire the requisite license. Furthermore, license for export is not granted for automatic weapons and weapons which are in use by the police or armed forces of the country, weapons of "current and popular bore" (Section 33, Arms Rules (1962)) for which ammunition is available domestically, and certain antique weapons.

Similarly import of arms by individuals or commercial entities is permitted only against a license. Such imports are, as a rule, allowed only to renowned shooters/rifle clubs for their own use on the recommendation of the concerned Government Department. Furthermore, under the "Exim Policy 2002-2007", transfer of the imported firearm/s is not permitted during the lifetime of the importer/licensee.

[SALW = small arms and light weapons]

ID: Q1675

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