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        Customs, DGFT & SEZ

        Regional Trade Agreements

        December 9, 2021

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        India currently has 11 Free Trade Agreements (FTAs)/Regional Trade Agreements (RTAs) with other countries/regions. In addition, it has 6 limited coverage Preferential Trade Agreements (PTAs). The details are as under:

        1. Free Trade Agreements (FTAs)

        S.No.

        Name of the Agreement

        1

        India-Sri Lanka Free Trade Agreement (FTA)

        2

        Agreement on South Asian Free Trade Area (SAFTA)

        3

        India-Nepal Treaty of Trade

        4

        India-Bhutan Agreement on Trade, Commerce and Transit

        5

        India-Thailand FTA - Early Harvest Scheme (EHS)

        6

        India-Singapore Comprehensive Economic Cooperation Agreement (CECA)

        7

        India-ASEANFTA

        8

        India-South Korea Comprehensive Economic Partnership Agreement (CEPA)

        9

        India-Japan CEPA

        10

        India-Malaysia CECA

        11

        India-Mauritius Comprehensive Economic Cooperation and Partnership Agreement (CECPA)

        1. Preferential Trade Agreements (PTAs)

        S.No.

        Name of the Agreement

        1

        Asia Pacific Trade Agreement (APTA)

        2

        Global System of Trade Preferences (GSTP)

        3

        SAARC Preferential Trading Agreement (SAPTA)

        4

        India-Afghanistan PTA

        5

        India – MERCOSUR PTA

        6

        India – Chile PTA

        A few instances of re-routing of goods through the countries with which India has FTAs/RTAs have come to notice. To address this issue, Government has issued Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR, 2020) with effect from September 21, 2020 to supplement the procedures prescribed under different FTAs. These rules also cast responsibility on the importers to conduct due diligence for ensuring that the goods meet the prescribed rules of origin. The newly introduced provisions act as deterrent against misuse of trade agreements. In addition, an FTA monitoring committee has been constituted with representation from government departments, trade and industry bodies to identify issues relating to misuse of FTA provisions and recommend action.

        The value of India’s trade with FTA/RTA partner countries in the last five years is as below:

        (Figures in US $ Million)

        Export/Import

        2016-17

        2017-18

        2018-19

        2019-20

        2020-21

        India's exports

        59152.29

        67576.95

        73550.13

        63515.49

        63105.49

        India's imports

        65789.08

        77692.17

        93287.57

        87327.72

        74538.07

                      (Source: DGCIS)

        This information was given by the Minister of State in the Ministry of Commerce and Industry, Smt. Anupriya Patel, in a written reply in the Lok Sabha.

        Rules of origin enforcement strengthened by importer due diligence requirement to deter misuse of trade agreements and rerouting. Concerns about re routing of goods through partner countries led to the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR, 2020), which supplement FTA procedures by requiring importers to conduct due diligence that goods meet prescribed rules of origin and introduce provisions to deter misuse; an FTA monitoring committee with government and industry representation was also constituted to identify misuse and recommend action.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Rules of origin enforcement strengthened by importer due diligence requirement to deter misuse of trade agreements and rerouting.

                                Concerns about re routing of goods through partner countries led to the Customs (Administration of Rules of Origin under Trade Agreements) Rules, 2020 (CAROTAR, 2020), which supplement FTA procedures by requiring importers to conduct due diligence that goods meet prescribed rules of origin and introduce provisions to deter misuse; an FTA monitoring committee with government and industry representation was also constituted to identify misuse and recommend action.





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                                ActsIncome Tax
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