INDIA
Since July 2018, as amended in December 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement (Make in India) Order 2019 for Cyber Security Products
With the enactment of the Public Procurement (Make in India) Order 2018 for Cyber Security Products, the Ministry of Electronics and Information Technology underscored the strategic importance of cybersecurity. As a result, governmental entities are directed to prioritise the procurement of domestically manufactured cybersecurity products when tendering processes. A domestically manufactured cybersecurity product is defined as one where an Indian company owns the intellectual property (IP), and the company has the autonomy to distribute, modify, or commercialise the product without third-party consent. Additionally, products composed of multiple sub-components may also qualify as domestically manufactured cybersecurity products if at least 60% of the total product cost is attributed to local content and third-party licensing fees do not exceed 20% of the total product cost.
Additionally, the Public Procurement (Make in India) Order 2019 for Cyber Security Products granted preferential treatment to companies incorporated and registered in India or to startup firms meeting the criteria set by the Department for Promotion of Industry and Internal Trade (DPIIT), provided that revenue from the product and IP licensing is accrued within India. The scope of cybersecurity products covered by these notifications includes anti-virus software, cloud security solutions, mobile security applications, firewalls, OTP gateways, encryption services, and others. A comprehensive list of products can be found in the Public Procurement (Make in India) Order 2019 for Cyber Security Products.
Additionally, the Public Procurement (Make in India) Order 2019 for Cyber Security Products granted preferential treatment to companies incorporated and registered in India or to startup firms meeting the criteria set by the Department for Promotion of Industry and Internal Trade (DPIIT), provided that revenue from the product and IP licensing is accrued within India. The scope of cybersecurity products covered by these notifications includes anti-virus software, cloud security solutions, mobile security applications, firewalls, OTP gateways, encryption services, and others. A comprehensive list of products can be found in the Public Procurement (Make in India) Order 2019 for Cyber Security Products.
Coverage Cyber Security Products
Sources
- https://web.archive.org/web/20211119165329/https://www.meity.gov.in/writereaddata/files/public_procurement-preference_to_make_in_india-order_2018_for_cyber_security_products.pdf
- https://web.archive.org/web/20230320145416/https://www.meity.gov.in/writereaddata/files/public_procurement-preference_to_make_in_india-order_2019_for_cyber_security_products.pdf
INDIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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 ICT goods |
Indicator 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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.85%
Coverage rate of zero-tariffs on ICT goods (%)
28.14%
Coverage: ICT 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
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Hong Kong has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HONG KONG
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Hong Kong has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
HONG KONG
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Hong Kong 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
HONG KONG
Since January 1963, last amended in March 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Ordinance (Cap. 106)
According to Section 9 of the Telecommunications Ordinance, any person who wishes to import to Hong Kong any radio transmitting apparatus needs to obtain a permit granted by the Communications Authority, unless holding an unrestricted radio dealer's license.
Coverage Radio transmitting apparatus
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/LIC/N3HKG21.pdf
- https://web.archive.org/web/20211026020333/https://www.ofca.gov.hk/filemanager/ofca/common/electronic_services/info_note/I187_17_en.pdf
- https://web.archive.org/web/20220710222317/https://www.elegislation.gov.hk/hk/cap106
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HONG KONG
Reported in 2015, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import licence requirement for optical discs
It is reported that anyone wishing to import optical disc duplication and mastering equipment (ODMRE) must apply for an import licence issued by the Customs and Excise Department.
Coverage Optical disc mastering and replication equipment
Sources
- https://web.archive.org/web/20220909024358/https://www.customs.gov.hk/en/faqs/trade_facilitation/optical_disc/index.html
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S306R1.pdf&Open=True
- https://web.archive.org/web/20230227054510/https://www.customs.gov.hk/hcms/filemanager/common/pdf/pdf_forms/ced372.pdf
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HONG KONG
Since May 1980, last amended in December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Waste Disposal Ordinance (Cap. 354)
According to Art. 20A of the Waste Disposal Ordinance (in place since December 2018), a permit issued by the Environmental Protection Department is required for the import of waste-regulated electrical equipment (i.e., air conditioners, refrigerators, washing machines, televisions, computers, printers, scanners, and monitors).
Coverage Waste electrical and electronic equipment
Sources
- https://web.archive.org/web/20221002171644/https://www.info.gov.hk/gia/general/201812/31/P2018123100747.htm
- https://web.archive.org/web/20221130004442/https://www.epd.gov.hk/epd/english/environmentinhk/waste/guide_ref/wdo_e-waste.html
- https://web.archive.org/web/20220710182651/https://www.elegislation.gov.hk/hk/cap354
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HONG KONG
Since January 1963, last amended in March 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Telecommunications Ordinance (Cap. 106)
Under Section 9 of the Telecommunications Ordinance, any person who wishes to export any radio transmitting apparatus from Hong Kong is required to apply for an import or export license granted by the Communications Authority.
Coverage Radio transmitting apparatus
Sources
- https://web.archive.org/web/20211026020332/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/LIC/N3HKG21.pdf
- https://web.archive.org/web/20211026020333/https://www.ofca.gov.hk/filemanager/ofca/common/electronic_services/info_note/I187_17_en.pdf
- https://web.archive.org/web/20220710222317/https://www.elegislation.gov.hk/hk/cap106
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HONG KONG
Reported in 2015, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Export licence requirement for optical disc
It is reported that anyone wishing to export optical disc duplication and mastering equipment (ODMRE) must apply for an import licence issued by the Customs and Excise Department.
Coverage Optical disc mastering and replication equipment
Sources
- https://web.archive.org/web/20220909024358/https://www.customs.gov.hk/en/faqs/trade_facilitation/optical_disc/index.html
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S306R1.pdf&Open=True
- https://web.archive.org/web/20230227054510/https://www.customs.gov.hk/hcms/filemanager/common/pdf/pdf_forms/ced372.pdf
- Show more...
HONG KONG
Since May 1980, last amended in December 2018
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Waste Disposal Ordinance (Cap. 354)
According to Art. 20A of the Waste Disposal Ordinance (in place since December 2018), a permit issued by the Environmental Protection Department is required for the export of waste-regulated electrical equipment (i.e., air conditioners, refrigerators, washing machines, televisions, computers, printers, scanners, and monitors).
Coverage Waste electrical and electronic equipment
Sources
- https://web.archive.org/web/20221002171644/https://www.info.gov.hk/gia/general/201812/31/P2018123100747.htm
- https://web.archive.org/web/20221130004442/https://www.epd.gov.hk/epd/english/environmentinhk/waste/guide_ref/wdo_e-waste.html
- https://web.archive.org/web/20220710182651/https://www.elegislation.gov.hk/hk/cap354
- Show more...
HONG KONG
Reported in 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Self-declaration of conformity
For a Non-Prescribed Product, which includes: plugs, adaptors, extension units, lamp holders, flexible cords, and unvented thermal storage type electric water heaters, the following are accepted as a certificate of safety compliance:
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product, which includes all other electrical products, in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
- A declaration of conformity issued by a 'recognised manufacturer';
- A certificate or test report issued by a 'recognised certification body' (RCB) under registration of EMSD in one of the following: CB test certificates issued by National Certification Bodies participating in the CB Scheme; Endorsed certificates or test reports issued by organisations accredited by the Hong Kong laboratory Accreditation Scheme (HOKLAS) or by the Hong Kong Accreditation Service (HKAS); Endorsed certificates or test reports issued by organisations that have been accredited by those bodies which have mutual recognition agreements with HOKLAS or HKAS.
For a Non-Prescribed Product, which includes all other electrical products, in addition to the two types of documents stated above, a declaration of conformity (DOC) issued by the product manufacturer will also be accepted as a certificate of safety compliance. Non-prescribed products must comply with the Hong Kong Essential Requirements, which are presumed to be fulfilled if the product complies with relevant IEC standards. A Certificate of Conformity, as described below, or a Declaration of Conformity (DoC) is required to show compliance.
Coverage Selected electrical products, including plugs, adaptors, extension units
