Database

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INDIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
India 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

INDIA

Since September 2017
Since October 2012, last amended in July 2021

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telegraph (Amendment) Rules

Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021
In September 2017, India's Ministry of Communications introduced the Telegraph (Amendment) Rules, requiring testing and certification for all telegraph equipment. This led to the implementation of the Mandatory Testing and Certification for Telecom Equipment (MTCTE) procedures in 2019, which mandate local security testing for telecom products. In September 2021, the MTCTE program was expanded to include 175 products, prompting concerns from stakeholders regarding these in-country testing requirements.
Furthermore, the 2021 Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order mandates that manufacturers and importers register and certify their products with Bureau of Indian Standards-accredited laboratories, even if they have already been certified internationally. Expanded to cover 63 product categories, this order has faced criticism for insufficient government testing capacity, a complex registration process, and high compliance costs, including factory-level and component-level testing.
Coverage Telecom equipment

INDIA

Since May 2011
Since September 2017

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
Amendment to the Unified Access Service License Agreement for Security-Related Concerns for the Expansion of Telecom Services in Various Zones of the Country No. 10-15/2011

Telegraph (Amendment) Rules, 2017
The rules on security clearance for telecom equipment have required that telecom service providers (TSPs) use network elements that have been tested as per contemporary Indian or international security standards. Since April 2013, no certification of network equipment has been undertaken by authorised and certified agencies/labs in India.
Only resident-trained Indian nationals can be employed as executives responsible for certain security checks. There is also a possibility of extensive inspections of hardware, software, design, development and manufacturing facilities, as well as supply chains that might jeopardise intellectual property rights. High fines are imposed in case of non-compliance.
Additionally, since September 2017, India's Telegraph (Amendment) Rules require onerous in-country security testing on all telecom network equipment and products. Previously, such products could be tested and certified in laboratories globally or at manufacturers' in-house laboratories (self-certification). Mandatory testing and certification by Indian laboratories trigger additional costs and unnecessary delays for companies, especially given that the availability of suitable laboratories in India remains unclear. Furthermore, there are concerns about India's compulsory security certification scheme (CRS).
Coverage Telecom equipment

INDIA

Since June 2021

Pillar Technical standards applied to ICT goods and online services  |  Indicator Product screening and additional testing requirements
National Security Directive on Telecommunication Sector
The Indian government used to block purchases of telecom equipment from Chinese vendors on national security grounds. The Department of Telecommunications amended its license conditions for mobile service providers and required them to submit all plans for the procurement of telecom equipment from foreign vendors for screening and “security clearance” purposes. Although the amendment did not single out China, it is reported that, in practice, security agencies had been blocking applications involving Chinese vendors.
The aforesaid process is soon to be replaced with a new Directive, which will enter into force in mid-2021. The Department of Telecommunications will declare a list of trusted sources and products for installations in India's telecom network. The methodology to designate trusted products will be devised by the designated authority (National Cyber Security Coordinator). As per the directive, telecom service providers will be required to connect new devices from the list of trusted products. The list of trusted sources and products will be decided based on the approval of a committee headed by the deputy national security advisor. When announcing the directive, the Telecom and IT Minister said that measures will be taken to increase the use of equipment from trusted Indian sources.
Coverage Telecom equipment

INDIA

Since January 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Notification No. 107/(RE-2013)/2009-2014
According to Notification No. 107/(RE-2013)/2009-2014, GSM mobile handsets’ with duplicate International Mobile Equipment Identity Number (IMEI) or fake IMEI & ‘CDMA mobile handsets’ with duplicate Electronic Serial Number (ESN)/ mobile equipment identifier (MEID) or fake ESN/MEID are added to the list of ‘Prohibited’ items for import. The Government has taken over from a private agency to issue and manage IMEI allocation for mobile phones in India.
Coverage Mobile Phones - 4 digit code 8517

INDIA

Reported in 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Ban of mobile applications
It is reported that during the course of 2020, the Ministry of Information and Technology, based on the provisions of Section 69A of the Information Technology Act and relevant provisions of the Information Technology (Procedure and Safeguards for Blocking Access to Information by the Public) Rules, 2009, banned 267 apps in view of the emerging nature of security threats posed by these apps and the detrimental nature of these apps to sovereignty, defence and law and order in India. The Ministry has reportedly pointed out that these apps raise data security and privacy concerns. On June 29, 2020, 59 apps were banned; on September 2, 2020, 118; and on November 24, 2020, 43.
Coverage 267 mobile apps

INDIA

Reported in 2018, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs procedures
Exporters have raised concerns regarding India’s application of customs valuation criteria to import transactions. Reports indicate that Indian customs officials occasionally reject the declared transaction value of imports, particularly for products with established benchmark prices in India. This practice can potentially increase export costs beyond the expected levels based on India's applied tariff rates. Companies have also reported extensive searches and seizures of imports, which do not seem to be risk-based. Additionally, India's customs authority typically demands extensive clearance documentation, resulting in prolonged processing delays.
Coverage Horizontal

INDIA

Since June 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import Export Classification, Indian Trade Classification – Harmonized System (ITC-HS) Code and Import Policy 2012
According to the Import Export Classification, Indian Trade Classification – Harmonized System (ITC-HS) Code, and Import Policy 2012, certain goods require special permission or licensing in order to be imported. Selected consumer goods, including radio and TV broadcast transmitters and communication jamming equipment, are qualified as licensed/restricted items that can only be imported after obtaining an import license from India’s Directorate General of Foreign Trade (DGFT). However, it has been reported that India is increasingly using import licenses at the discretion of the authorities to limit imports of sensitive products. In addition, it is reported that the licensing system is not automatic as it involves delays, and authorised quantities can be lower than requested. Licenses are granted to actual users.
Coverage Selected electronic items (e.g. HS Codes 85255010, 85255020, 85255040, 85255090, 85261000, 85269110, 85269130, 85269140, 85269150, 85269190, 85291011, 85291021, 85291091, 85299010, 85437091)

INDIA

Since April 2015, as amended in March 2018

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Foreign Trade Policy (2015-2010)
As per the Foreign Trade Policy, 2015-2020, India has distinguished between goods that are new and those that are second-hand, remanufactured, refurbished or reconditioned. The country allows the import of second-hand capital goods by end-users without an import license, provided the goods have a residual life of five years. In addition, users are required to present the certificate of an Indian chartered engineer attesting that such spare parts have at least 80% residual life of the original spare part, while second-hand domestic capital goods are not subject to this requirement. Problems reported by industry representatives include excessive details required in the license application, quantity limitations set at specific part numbers, and long delays between application and license issuance. According to a 2018 amendment (DGFT Notification No. 58/2015-2020), second-hand goods imported for repair, refurbishment, reconditioning or re-engineering purposes can be exported back under the customs notification provided that the waste generated during the repair or refurbishment of the imported items is treated in accordance with national environmental laws/regulations/rules/regulations/standards.
Coverage Refurbished computer spare parts

INDIA

Since July 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 22/2015-2020
On 30 July 2020, the Indian Directorate General of Foreign Trade, through Notification No. 22/2015-2020, amended the import policy of colour television sets from "Free" to "Restricted". According to the notification, a license shall be required for imports of these TV sets, including smart TVs.
Coverage Smart TVs

INDIA

Since October 2012, last amended in July 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2021
According to the Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order of 2021, and subsequent notifications, 76 ICT products must undergo registration and labelling prior to being launched in the market. In addition, no person shall manufacture or store for sale, import, sell, or distribute goods that do not conform to the Indian standard specified in the order and do not bear the Standard Mark with a unique registration number obtained from the Bureau of Indian Standards (BIS). BIS grants a license to the manufacturers to use or apply Standard Mark with a unique R-number through registration based on self-declaration of conformity for goods and articles as per Indian Standards. Examples of products subject to the scheme include set-top boxes, amplifiers, laptops/notebooks/tablets, scanners, printers, and mobile phones. It is reported that India has been tightening quality clearances for electronic products from China, which has ended up holding up products such as mobile phones from Chinese companies. While applications to the BIS are typically processed within 15 days, they now take more than two months.
Coverage ICT goods

INDIA

Since May 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Notification No. 5 (2015-2020), 2019
According to Notification No. 5 (2015-2020), the import of goods (new as well as second-hand, whether or not refurbished, repaired, or reconditioned) notified under the Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order of 2021 is prohibited unless they are registered with the Bureau of Indian Standards and comply with its labelling requirements, or on a specific exemption letter from the Ministry of Electronics and Information Technology (MEITY) for a particular consignment.
Coverage Electronic and IT Goods including second-hand computers and mobile phones

INDIA

Since April 2013, last amended in October 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Consolidated Foreign Direct Investment (FDI) Policy Circular of 2020
According to the Consolidated Foreign Direct Investment (FDI) Policy Circular 2020, for any single-brand retail, including e-commerce entities with physical stores in India, foreign investment exceeding 51% is only allowed when 30% of the value of goods purchased is done from India. This requirement was established by the Consolidated Foreign Direct Investment (FDI) Policy Circular 2013. It is reported that India has modified the requirements in recent years, including by allowing firms to offset the local sourcing requirement by sourcing products from India for global supply chains. In addition, despite these modifications, it is reported that the local content requirements remain prohibitive for certain retailers with highly specialised supply chains.
Coverage E-commerce sector

INDIA

Since August 1992

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Foreign Trade (Development and Regulation) Act 1992
According to the Foreign Trade (Development and Regulation) Act, the export of dual-use items and technologies is either prohibited or permitted under a license. The list of dual-use items also includes electronics, computers, and information technology, including information security.
Coverage Several items including electronics, computers, and information technology (including information security)

INDIA

Since June 2000, entry into force in October 2000, last amended in August 2023

Pillar Intermediary liability  |  Indicator Monitoring requirement
Information Technology Act, 2000
Section 69 of the Indian Information Technology Act (IITA) requires intermediaries to extend all facilities and technical assistance to intercept, monitor or decrypt information as well as to provide information stored in a computer or provide access to a computer resource when called upon to do so by certain agencies. This extends to online intermediaries, which are required to designate an officer to facilitate the execution of such orders. Intermediaries that fail to meet these obligations may be punished with imprisonment of up to seven years.
Coverage Internet intermediaries

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