INDIA
Since February 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
E-mail Policy of the Government of India
According to the E-mail Policy of the Government of India, Government employees may only use governmental email services for official communications, and cannot provide details of their governmental email account to private email service providers.
Coverage E-mail Services
INDIA
Since June 2012
Since August 2018
Since August 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
National Telecom Policy 2012
Public Procurement (Preference to Make in India) Order 2017 - Notification of Telecom Products, Services and Works
Public Procurement (Preference to Make in India) Order 2017 - Notification of Telecom Products, Services and Works
The regulation gives preference to domestically manufactured telecommunication products, in procurement of those telecommunication products which have security implications for the country and in Government procurement for its own use. The regulation imposes to notify specific guidelines for according preference to domestically manufactured telecommunication equipment and products either for reasons of security or for government procurement in accordance with relevant government decisions and policies in this regard.
The Order sets out a list of telecom products, services and works for which procurement preference is given to domestic manufacturers. The telecom products and services covered under this Order include encryption, ethernet switches, IP based soft switches, set-top boxes, wi-fi based broadband wireless access systems, among others. The local content requirements are between 30%-70%. The Order also sets out conditions for the inputs to be qualified as local content in Annexure B. Requirements in this regard include inputs such as components (integrated chips, active components, cables etc.), to be manufactured in India to be considered as local content inputs. The Order sets out that the local supplier has to manufacture equipment from component level in India and also develop local vendors for procurement of raw materials, components and parts for increasing local content.
The Order sets out a list of telecom products, services and works for which procurement preference is given to domestic manufacturers. The telecom products and services covered under this Order include encryption, ethernet switches, IP based soft switches, set-top boxes, wi-fi based broadband wireless access systems, among others. The local content requirements are between 30%-70%. The Order also sets out conditions for the inputs to be qualified as local content in Annexure B. Requirements in this regard include inputs such as components (integrated chips, active components, cables etc.), to be manufactured in India to be considered as local content inputs. The Order sets out that the local supplier has to manufacture equipment from component level in India and also develop local vendors for procurement of raw materials, components and parts for increasing local content.
Coverage Telecommunications sector
INDIA
Since December 2013
Since November 2015
Since November 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Preference to Domestically Manufactured Electronic Products in Government Procurement, 2013
Guidelines for Providing Preference to Domestically Manufactured Electronic Products in Government Procurement, 2015
Guidelines for Providing Preference to Domestically Manufactured Electronic Products in Government Procurement, 2015
The Preferential Market Access (PMA) Policy provides that domestically manufactured equipment receives preferences in government procurement and in some types of private sector procurement. The underlying objectives are India’s goals to expand its domestic manufacturing capacity and to protect the security of its telecommunications networks. India revised the PMA in December 2013, but the revised policy continues to require that domestically manufactured goods constitute a certain percentage of the electronic products procured by government entities. Detailed guidelines on the implementation of the policy were issued in November 2015.
The Notification stipulates that each Ministry or Department will satisfy a minimum percentage of their electronic product demand with local products which fulfil the minimum value addition prescribed for each item. The 2015 Guidelines provide that the minimum percentage of domestic procurement for any electronic product is 30%. The percentage of total procurement value for which preference is provided to domestic manufactured electronic products should be fixed so that competition is maximized while at the same time domestic manufacturing is encouraged. The 2013 Notification will be in operation for 10 years.
The electronic products notified in the 2013 Notification include notebooks, tablets, desktop PCs, servers, printers, keyboards, monitors, USBs, ATMs, photocopiers, scanners, faxes, smartcards, mobile handsets, hand held terminals, PC projector, POS based services. The telecom products notified in the 2013 Notification include SIM Cards, encryption platforms, leased line network equipment, WiFi access systems etc.
The Notification stipulates that each Ministry or Department will satisfy a minimum percentage of their electronic product demand with local products which fulfil the minimum value addition prescribed for each item. The 2015 Guidelines provide that the minimum percentage of domestic procurement for any electronic product is 30%. The percentage of total procurement value for which preference is provided to domestic manufactured electronic products should be fixed so that competition is maximized while at the same time domestic manufacturing is encouraged. The 2013 Notification will be in operation for 10 years.
The electronic products notified in the 2013 Notification include notebooks, tablets, desktop PCs, servers, printers, keyboards, monitors, USBs, ATMs, photocopiers, scanners, faxes, smartcards, mobile handsets, hand held terminals, PC projector, POS based services. The telecom products notified in the 2013 Notification include SIM Cards, encryption platforms, leased line network equipment, WiFi access systems etc.
Coverage Certain electronic products
Sources
- http://www.ustr.gov/sites/default/files/2014%20TBT%20Report.pdf
- https://www.meity.gov.in/writereaddata/files/R_G_U_16_11_2015.pdf
- https://www.meity.gov.in/writereaddata/files/Notification_Preference_DMEPs_Govt_%20Proc_23_12_2013.pdf
- http://dot.gov.in/sites/default/files/Doc%201.pdf?download=1
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INDIA
Since July 2018
Since December 2019
Since December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement (Make in India) Order 2018 for Cyber Security Products
Public Procurement (Make in India) Order 2019 for Cyber Security Products
Public Procurement (Make in India) Order 2019 for Cyber Security Products
The Ministry of Electronics and Information Technology noted that cyber security is a strategic sector and preference will be provided by procuring governmental entities to domestically manufactured cyber security products. 'Domestically manufactured Cyber Security Product' is a product where the IP is owned by an Indian company such that the company can distribute, modify or commercialise the product without third party consent. Further, products with multiple sub-components can fall within this definition of a domestically manufactured cyber security product if the minimum local content is 60% of the total cost of the product and the total licensing fee to a third party does not extend 20% of the total cost of the product.
As per the Public Procurement (Make in India) Order 2019 for Cyber Security Products, preference is granted to a company which is incorporated and registered in India or startup firms that meet the definition set out by the Department for Promotion of Industry and Internal Trade (DPIIT), provided the revenue from the product and IP licensing accrues to the firm in India.
Types of cyber security products included in the notifications are anti-virus, cloud security, mobile security, firewall, OTP gateway, encryption subscription etc. The list of products can be found in the Public Procurement (Make in India) Order 2019 for Cyber Security Products.
As per the Public Procurement (Make in India) Order 2019 for Cyber Security Products, preference is granted to a company which is incorporated and registered in India or startup firms that meet the definition set out by the Department for Promotion of Industry and Internal Trade (DPIIT), provided the revenue from the product and IP licensing accrues to the firm in India.
Types of cyber security products included in the notifications are anti-virus, cloud security, mobile security, firewall, OTP gateway, encryption subscription etc. The list of products can be found in the Public Procurement (Make in India) Order 2019 for Cyber Security Products.
Coverage Cyber Security Products
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
Providers (CSPs)
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 guidelines for a cloud computing empanelment process under which cloud computing service providers may be provisionally accredited as eligible for government procurement of cloud services. The guidelines require such providers to store all data in India to qualify for the accreditation.
In addition, Section 2.1.d of the Guidelines for Government Departments on Contractual Terms Related to Cloud Services requires that any government contracts contain a localization clause mandating that all government data residing in cloud storage networks is located on servers in India.
Furthermore, Section 1.17.4 of the Master Service Agreement: Procurement of Cloud Services outlines, among other things, that cloud service providers must offer cloud services to the purchaser from a MeitY-enrolled data centre which is located in India, the data must be stored within India, and must not be taken out of India without explicit approval by the purchaser.
In addition, Section 2.1.d of the Guidelines for Government Departments on Contractual Terms Related to Cloud Services requires that any government contracts contain a localization clause mandating that all government data residing in cloud storage networks is located on servers in India.
Furthermore, Section 1.17.4 of the Master Service Agreement: Procurement of Cloud Services outlines, among other things, that cloud service providers must offer cloud services to the purchaser from a MeitY-enrolled data centre which is located in India, the data must be stored within India, and must not be taken out of India without explicit approval by the purchaser.
Coverage Cloud services
Sources
- https://www.meity.gov.in/writereaddata/files/RFP_CSPs_10_16.pdf
- https://meity.gov.in/writereaddata/files/Guidelines-Contractual_Terms.pdf
- https://www.meity.gov.in/writereaddata/files/Guidelines_Contractual_Terms_Cloud_Procurement_V1.2.pdf
- https://www.usitc.gov/publications/332/pub4716.pdf
- 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
Since March 2012
Since November 2018
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, 2012
Public Procurement Policy for Micro and Small Enterprises Order, 2018
Public Procurement Policy for Micro and Small Enterprises Order, 2018
India's "Public Procurement Policy for Micro and Small Enterprises (MSEs)" states that the Central Government Ministries, Departments and Public Sector Undertakings shall procure a minimum of 20% of their annual value of goods or services from Indian micro and small enterprises. As per the 2018 Order, the procurement from Indian MSMEs has increased to an annual target of 25% and the Order provides a 3% reservation for women owned MSMEs within the aforesaid 25% reservation limit.
Coverage Horizontal
INDIA
Since March 2015
Since April 2015
Since April 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrrender 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 Government of India
Framework for adoption of OSS in eGovernance applications
Framework for adoption of OSS 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 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 the government argues would ensure strategic control of eGovernance applications and reduce the cost of ownership of projects. The Framework 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
INDIA
Since November 2010
Pillar Public procurement of ICT goods and online services |
Sub-pillar Surrrender 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 surrender patents (make it 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 life time of the Standard". Open standards refer to the freedom to encode and decode data and network protocols.
Coverage Horizontal
Sources
- https://egovstandards.gov.in/sites/default/files/2021-07/Policy%20on%20Open%20Standards%20for%20e-Governance.pdf
- https://cloudscorecard.bsa.org/2018/#
- https://indiacode.nic.in/bitstream/123456789/1999/3/A2000-21.pdf
- http://egovstandards.gov.in/sites/default/files/Policy%20on%20Open%20Standards%20for%20e-Governance.pdf
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INDIA
Since April 2015, extended in April 2020, until April 2025
Pillar Tariffs and trade defence measures applied on 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://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 2020, until June 2025
Pillar Tariffs and trade defence measures applied on 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 July 2005, extended in July 2011 and 2017, until July 2022
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In July 2005, India announced anti-dumping duties on polytetrafluoroethylene from China (HS 390461). This product is used also for long-distance telephony and multichannel television broadcasting systems. This measure was reviewed and extended in July 2011 and, subsequently in July 2017. The rate of duty is USD 2637 per tonne. In July 2022, the Indian authorities decided not to implement the extension recommendation, and the antidumping duty was terminated.
Coverage Product: Polytetrafluoroethylene (HS 390461) (used for wiring computer applications, e.g. hookup wire, coaxial cables)
Country: China
Country: China
Sources
- https://www.globaltradealert.org/intervention/18510/anti-dumping/india-extension-of-antidumping-duty-on-imports-of-polytetrafluoroethylene-ptfe-from-china
- https://taxguru.in/custom-duty/anti-dumping-duty-imports-polytetrafluoroethylene-ptfe-products.html
- https://www.dgtr.gov.in/anti-dumping-cases/polytetrafluoroethylene-ptfe-china-pr
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INDIA
Since May 2015, extended in May 2020, until May 2025
Pillar Tariffs and trade defence measures applied on 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://www.globaltradealert.org/intervention/18302/anti-dumping/india-extension-of-definitive-antidumping-duty-on-imports-of-certain-electronic-calculators-from-china
- https://taxguru.in/custom-duty/govt-imposes-anti-dumping-duty-electronic-calculators.html
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INDIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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
INDIA
Since July 2020, until January 2025
Pillar Tariffs and trade defence measures applied on 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 Viet Nam. The rate of duty on imports from China is between USD 0.55 or 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 five years from 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://www.globaltradealert.org/intervention/71866/anti-dumping/india-definitive-antidumping-duty-on-imports-of-digital-offset-printing-plates-from-china-japan-the-republic-of-korea-chinese-taipei-an...
INDIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.62%
Coverage rate of zero-tariffs on ICT goods (%)
25.97%
Coverage: Digital goods