Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005

13. Regulation of export, transfer, retransfer, transit and transshipment.-

1.      No item notified under this Act shall be exported, transferred, re-transferred, brought in transit or transshipped except in accordance with the provisions of this Act or any other relevant Act.

2.      Any transfer of technology of an item whose export is prohibited under this Act or any other relevant Act relating to relevant activity shall be prohibited.

3.      When any technology is notified under this Act or any other relevant Act, as being subject to transfer controls, the transfer of such technology shall be restricted to the extent notified thereunder.

Explanation.-The transfer of technology may take place through either or both of the following modes of transfer, namely:-

a.      by a person or from a place within India to a person or place outside India;

b.     by a person or from a place outside India to a person, or a place, which is also outside India (but only where the transfer is by, or within the control of, person, who is a citizen of India, or any person who is a resident in India).

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4.      The Central Government may notify any item as being subject to the provisions of this Act, whether or not it is covered under any other relevant Act; and when such item is exhibited, sold, supplied or transferred to any foreign entity or a foreigner who is resident, operating, visiting, studying, or conducting research or business within the territorial limits of India, or in its airspace or Exclusive Economic Zone, it shall constitute an offence.

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