Tech transfer details must for public procurement bids by border nation companies – Economic Times

India has revised the format for registration of bidders for public procurement having beneficial ownership in countries which share a land border with the country. The applicants also have to submit one hard copy to the Department for Promotion of Industry and Internal Trade, the department said.As per the revision, bidders have to provide details of manufacturer, service provider, contractor and entity providing transfer of technology (ToT) if they are different from bidder for security clearance. They have to share details of sensitive sectors and sensitive technologies in cases of ToT arrangement. Sensitive sectors are divided into two categories-atomic energy, defence and space, among others, are in category-1 while 10 sectors including civil aviation, electronics, agriculture and pharma comprise category-2.

Sensitive technologies, as per the revised format, are additive manufacturing like 3D printing, any technology used for uploading and streaming of data including broadcasting, satellite communication, and equipment having electronics programmable components or autonomous systems such as SCADA Systems.

Name of the company and individual who are the beneficial owner of the bidding company, country of registration, details of intermediary companies between the bidder and beneficial owner, and a chart depicting the link between them also need to be submitted along with full name, date of birth, passport and contact details of board of directors.

The parentage details and holding shares of ToT providing entity have to be submitted with more than 10% shares or having controlling ownership interest or exercising control through means in case of less than 10% shares.

“The format of application for seeking registration for bidders having beneficial ownership in countries which share land border with lndia has been revised,” the DPIIT said.

It clarified that the applications already received by it, as per earlier prescribed format, are under process and are not required to be submitted again.

ToT means dissemination and transfer of all forms of commercially usable knowledge such as transfer of know-how, skills, technical expertise, designs, processes and procedures, and trade secrets, which enable the acquirer of such technology to perform activities using the transferred technology independently.

Details in respect of the entity providing ToT include name, type, country of registration, name and details of passport if the holding entity is a person with multiple nationalities, and registered office address.

( Originally published on May 01, 2023 )