INDIA
Since June 2017, last amended in May 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
General Financial Rules, 2017
Under Rule 151 of the General Financial Rules, the Central Government may, through notification, mandate the procurement of specific goods or services from certain categories of bidders or grant preferential treatment to bidders to promote locally manufactured goods or locally provided services.
Coverage Horizontal
INDIA
Since November 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Policy for Micro and Small Enterprises Order, 2018
Under India’s Public Procurement Policy for Micro and Small Enterprises (MSEs) Order, Central Government Ministries, Departments, and Public Sector Undertakings are required to procure a minimum of 25% of their annual value of goods or services from Indian micro and small enterprises. Within this 25% allocation, 3% is reserved specifically for women-owned SMEs.
Coverage Horizontal
INDIA
Since December 2015
Since March 2017
Since October 2019
Since March 2017
Since October 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Request for Proposal (RFP) for Provisional Empanelment of Cloud Service Offerings of Cloud Service Providers (CSPs)
Guidelines for Government Departments on Contractual Terms Related to Cloud Services
Master Service Agreement: Procurement of Cloud Services
Guidelines for Government Departments on Contractual Terms Related to Cloud Services
Master Service Agreement: Procurement of Cloud Services
In 2015, India’s Ministry of Electronics and Information Technology (MeitY) issued the Request for Proposal for Provisional Empanelment of Cloud Service Offerings of Cloud Service Providers, establishing a framework under which cloud computing service providers may obtain provisional accreditation for government procurement of cloud services. A key requirement for accreditation is the mandatory storage of all data within India.
Additionally, Section 2.1.d of the Guidelines for Government Departments on Contractual Terms Related to Cloud Services stipulates that all government contracts must include a localisation clause mandating that government data stored in cloud networks remain on servers located in India.
Further reinforcing this requirement, Section 1.17.4 of the Master Service Agreement: Procurement of Cloud Services specifies that cloud service providers must deliver services from a MeitY-registered data centre located within India, ensure that all data remains stored domestically, and prohibit its transfer outside India without explicit approval from the purchaser.
Additionally, Section 2.1.d of the Guidelines for Government Departments on Contractual Terms Related to Cloud Services stipulates that all government contracts must include a localisation clause mandating that government data stored in cloud networks remain on servers located in India.
Further reinforcing this requirement, Section 1.17.4 of the Master Service Agreement: Procurement of Cloud Services specifies that cloud service providers must deliver services from a MeitY-registered data centre located within India, ensure that all data remains stored domestically, and prohibit its transfer outside India without explicit approval from the purchaser.
Coverage Cloud services
Sources
- https://web.archive.org/web/20220302220806/https://www.meity.gov.in/writereaddata/files/RFP_CSPs_10_16.pdf
- https://web.archive.org/web/20220310202728/https://www.meity.gov.in/writereaddata/files/Guidelines-Contractual_Terms.pdf
- https://web.archive.org/web/20220310204107/https://www.meity.gov.in/writereaddata/files/Guidelines_Contractual_Terms_Cloud_Procurement_V1.2.pdf
- https://web.archive.org/web/20231215121402/https://www.usitc.gov/publications/332/pub4716.pdf
- https://web.archive.org/web/20231028144242/https://itif.org/publications/2021/07/19/how-barriers-cross-border-data-flows-are-spreading-globally-what-they-cost/
- https://www.dataguidance.com/news/india-meity-issues-guidelines-cloud-services
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INDIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.8%
Coverage rate of zero-tariffs on ICT goods (%)
16.45%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
INDIA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
India is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but it is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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INDIA
Since July 2020, until January 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 2020, the Indian authorities imposed a definitive duty on imports of digital offset printing plates (an input good to manufacture printers) from China, Japan, the Republic of Korea, Chinese Taipei and Vietnam. The rate of duty on imports from China is between USD 0.55 and USD 0.77 per square metre, depending on the company. The rate of duty on imports from the Republic of Korea is USD 0.15 or USD 0.37 per square metre, depending on the company. The rate of duty on imports from Japan is USD 0.13 or USD 0.27 per square metre, depending on the company. The rate of duty on imports from Vietnam is USD 0.60 per square metre. The rate of duty on imports from Chinese Taipei is USD 0.41 per square metre. The duty is in force for a period of five years, starting on 30 January 2020.
Coverage Product: Digital offset printing plates (HS 370130, 3704.0090, 3705.1000, 7606.1190, 7606.9190, 7606.9290, 8442.50)
Country: China, Korea, Japan, Chinese Taipei, Vietnam
Country: China, Korea, Japan, Chinese Taipei, Vietnam
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=285529,284510,284508,284509,284511,284513,284446,284078,284070,284069&CurrentCatalogueIdIndex=9&FullTextHash=&H...
- https://web.archive.org/web/20241127194354/https://www.globaltradealert.org/intervention/71866/anti-dumping/india-definitive-antidumping-duty-on-imports-of-digital-offset-printing-plates-from-china-ja...
INDIA
Since May 2015, extended in May 2020, until May 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In May 2015, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty on imports of electronic calculators (HS 847010, 390720) from China. This measure was reviewed and extended in May 2020. The rate of duty is USD 0.28 or USD 1.22 per unit, depending on the company. The duty is in force for a period of five years.
Coverage Product: Electronic calculators (HS 847010, 390720)
Country: China
Country: China
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=285529,284510,284508,284509,284511,284513,284446,284078,284070,284069&CurrentCatalogueIdIndex=9&FullTextHash=&H...
- https://web.archive.org/web/20241127194637/https://www.globaltradealert.org/intervention/18302/anti-dumping/india-extension-of-definitive-antidumping-duty-on-imports-of-certain-electronic-calculators-...
- https://web.archive.org/web/20220913184953/https://taxguru.in/custom-duty/govt-imposes-anti-dumping-duty-electronic-calculators.html
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INDIA
Since June 2020, until June 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 2020, the Indian Ministry of Finance imposed a definitive duty on imports of electronic calculators (HS 847010, 390720) from Malaysia. The duty amounts to 0.92 USD per item. The duty is in force for a period of five years.
Coverage Product: Electronic Calculators (HS 847010, 390720)
Country: Malaysia
Country: Malaysia
INDIA
Since April 2015, extended in April 2020, until April 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In April 2015, the Indian Ministry of Finance issued the Customs Notification imposing this definitive anti-dumping duty on imports of electrical insulators (HS 8546) originating in China. Electrical insulators are used to hold conductors in position, separating them from one another and from surrounding structures. This measure was reviewed and extended in April 2020. The rate of duty is USD 638 or USD 1,383 per tonne, depending on the company. The duty is in force for a period of five years.
Coverage Product: Electrical insulators (HS 8546)
Country: China
Country: China
Sources
- https://web.archive.org/web/20220813092838/https://www.globaltradealert.org/intervention/18292/anti-dumping/india-extension-definitive-antidumping-duty-on-imports-of-electrical-insulators-from-china
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=285529,284510,284508,284509,284511,284513,284446,284078,284070,284069&CurrentCatalogueIdIndex=9&FullTextHash=&H...
INDIA
Since June 2017, as amended in May 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
General Financial Rules, 2017
Under Article 161 of the General Financial Rules, as amended by the Department of Expenditure, Ministry of Finance OM F.12/17/2019-PPD in May 2020, if a Ministry or Department determines that domestically available goods may not meet the required quality or specifications, and there is a need to seek competitive bids from abroad, they may distribute copies of the tender notice to Indian embassies abroad and foreign embassies in India. The selection of relevant embassies is based on the likelihood of sourcing the required goods from the respective countries. However, a Global Tender Enquiry (GTE) is prohibited for tenders valued at or below 200 million rupees (approximately USD 24 million). In cases where a GTE is deemed necessary for tenders below this threshold due to special circumstances, a detailed justification must be provided, and prior approval for an exemption must be sought from the Competent Authority designated by the Department of Expenditure.
Coverage Horizontal
INDIA
Since June 2017, as amended in September 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Internal Trade (DPIIT) Order No. P-45021/2/2017-B.E.
According to Art. 3B of the Internal Trade (DPIIT) Order No. P-45021/2/2017-B.E, if the procurement authority has determined that sufficient local capacity and competition exist, only 'Class-I Local Suppliers' are eligible to participate, ensuring that all selected suppliers fall within this category. As stipulated in the Order, a 'Class-I Local Supplier' is defined as a supplier whose local content comprises at least 50%.
Coverage Horizontal
INDIA
Since March 2015
Since April 2015
Since April 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Policy on Adoption of Open Source Software for the Government of India
Framework for adoption of Open Source Software in eGovernance applications
Framework for adoption of Open Source Software in eGovernance applications
The Indian government adopted a formal preference for open-source software for e-government procurement opportunities related to its digital agenda. The Policy on Adoption of Open Source Software for the Government of India is reported to be one of the most far-reaching and restrictive preference schemes that has been implemented to date. The Policy calls for a change from using Closed Cloud Software (CSS), which is licensed under the exclusive right of the copyright holder. The Indian government wants all governmental organisations to move towards the use of open-source software, which it argues would ensure strategic control of eGovernance applications and reduce the cost of ownership of projects. The Framework for adoption of Open Source Software in eGovernance applications provides a set of procedures and recommendations for promoting, adopting and managing OSS in e-Governance systems. The framework provides guidance on the selection of software and the induction of the OSS software.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231019050008/https://www.meity.gov.in/sites/upload_files/dit/files/policy_on_adoption_of_oss.pdf
- https://web.archive.org/web/20220119061933/http://cloudscorecard.bsa.org/2016/pdf/country_reports/2016_Country_Report_India.pdf
- https://web.archive.org/web/20241111170643/https://www.meity.gov.in/sites/upload_files/dit/files/Final_Framework%20for%20Adoption%20of%20OSS.pdf
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INDIA
Since November 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Policy on Open Standards for e-Governance
There is a requirement to make patents available on a royalty-free basis for those open standards identified as "Identified Standards" under the Policy on Open Standards for e-Governance. Per Clause 4.1.2: "The Patent claims necessary to implement the Identified Standard shall be made available on a Royalty-Free basis for the lifetime of the Standard". Open standards refer to the freedom to encode and decode data and network protocols.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231206033612/https://egovstandards.gov.in/sites/default/files/2021-07/Policy%20on%20Open%20Standards%20for%20e-Governance.pdf
- https://web.archive.org/web/20230401100557/https://www.bsa.org/reports/2018-bsa-global-cloud-computing-scorecard
- https://web.archive.org/web/20211115020524/https://www.indiacode.nic.in/bitstream/123456789/1999/3/A2000-21.pdf
- https://web.archive.org/web/20220122205021/http://egovstandards.gov.in/sites/default/files/Policy%20on%20Open%20Standards%20for%20e-Governance.pdf
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SLOVENIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovenia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal