DoT issued Revised terms & conditions for issue/renewal of NOC for sale/rent of International Roaming SIM Cards
Updated Conditions for Issuing/Renewing NOCs for Sale/Rental of International Roaming SIM Cards/Global Calling Cards by Foreign Operators in India
Now NOC (No Objection Certificate) shall be issued/renewed by Department of Telecommunications (DoT) for sale/rent of International Roaming SIM Cards/ Global Calling Cards of foreign operators in India with the following terms and conditions as per dot guidelines :-
General Conditions
Eligibility: The applicant must be an Indian company, registered under the Companies Act, 1956/ 2013 (as applicable).
The Applicant Company/Indian Promoters/Investing Companies including their holding companies shall comply with relevant provisions of extant FDI policy of the Government of India.
Record Update: Any modifications to the information provided in the Application Form must be notified to the authority responsible for issuing the ‘No Objection Certificate’ under this policy within 15 days from the occurrence of such changes.
Usage of Cards outside India: The cards being offered to Indian Customers will be for use only outside India. However, if it is essential to activate the card for making test calls/emergent calls before the departure of customer and/or after the arrival of the customer, the same shall be permitted for forty-eight (48) hours only prior to departure from India and twenty-four (24) hours after arrival in India.
Such test calls/emergent calls made from India through these calling cards shall be international roaming calls.
Documents required from customers: For establishing the authenticity of the customer before selling/ renting such cards, copy of the passport of the customer including copy of valid visa and additional proof of identity (Pol) and proof of address (PoA) as per the prescribed document based Pol/ PoA process or alternate digital KYC process, for issuing new mobile connection as prescribed by DoT shall be obtained. However, for countries where visa is not required for Indian Nationals or where visa is issued on arrival to the Indian Nationals, in place of copy of valid visa, copy of valid travel ticket along with an undertaking from the customer mentioning the name of country/ places where he/she intends to visit shall be obtained.
Monthly report to Security Agencies: Complete details of such global cards (including the period) along with full particulars, including address of the person to whom the international roaming cards has been sold/rented, shall be provided to the designated security agencies on monthly basis as per list in Annexure-6. In case of no sale/ rent of such cards during the month, a ‘Nil’ report shall be submitted. A monthly report giving summary of information submitted to security agencies & DoT field units will be submitted to DoT as per Annexure-7.
Clearances by NOC holder: All types of clearances from any agency like RBI/ customs etc. will be duly taken by the company. Traffic routing: The traffic originated in other country for termination in India will be routed through the valid ILD licensees/valid ILD gateways.
Penalty: The Company, selling/renting such SIM/Calling cards, shall ensure that the time limit of activation of such cards in India, as mentioned in Para (5) above, is adhered to, failing which the Company shall be liable to pay a fine of Rs.500/- (Rs. Five Hundred only) per hour for each SIM/Calling cards for every extra hour of activation.
Annual return: The NOC holder company shall submit ‘Annual return’ to DoT in the prescribed Performa (Annexure-5) within one month of completion of the financial year. In case of non-submission of ‘Annual return’ or non-compliance of the terms and conditions of the Policy, DoT may withdraw the NOC by a written notice to the NOC holder at its registered office.
Procedure for NOC to Innovative solutions: The procedure to be followed to issue NOC on such applications which propose to offer some APP based services or other innovative solutions shall be decided by DoT on case by case basis. The applicant company may be required to give presentation(s) or submit such other information as may be deemed necessary by DoT. The decision of DoT shall be final and binding on the applicant company.
Suspension, Revocation of NOC: The NOC can be suspended before the expiry of the validity period if, in the opinion of the DoT, it is necessary or expedient to do so in public interest or in the interest of the security of the State or for the proper conduct of the Telegraph. DoT may, without prejudice to any other remedy available for the breach of any conditions, by a written notice to the NOC holder at its registered office, withdraw the NOC. For this purpose, the DoT shall issue a show cause notice of 21 days to the NOC holder. If the DoT decides to withdraw the NOC, the same will be effective from the 61st calendar day from the date of issue of such withdrawal order. Provided further that the DoT shall not be responsible for any damage or loss caused or arisen out of aforesaid action.
Inspection : The DoT or its authorized representative shall have right to access and inspect the sites/ offices used for providing the Service. The NOC holder shall provide the necessary facilities and cooperate with DoT or its authorized representative. The inspection will ordinarily be carried out after reasonable notice except in circumstances where giving such a notice will defeat the very purpose of the inspection.
The DoT or its authorized representative shall have right to seek documents/ information from the NOC holder company and the NOC holder company will provide the necessary documents/ information. The NOC holder shall preserve the customer records for at least one year from the month of acquisition of customer.
Tenure/ Renewal: The NOC shall be issued initially for a period of three years and shall be renewed on the request of the Company for a further period of three years at a time.
NOC Renewal : The application for renewal of NOC shall be submitted in the prescribed application form at least one month before expiry of the NOC.
Processing fee: The applicant company shall pay a processing fee of Rs. 5,000/- (non refundable)
For detail guidelines please visit dot.gov.in
For further assistance and support regarding NOC application and documentation, feel free to reach out to our knowledgeable experts (OSP CONSULTANTS) @ +91 8302935154