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Utility of free trade agreements for India

India’s Department of Commerce is currently pausing FTA negotiations to reassess its approach, particularly concerning government procurement policies. Developed countries advocate for open procurement access in FTAs, but India has effectively leveraged procurement to support domestic manufacturing and boost micro and small enterprises (MSEs), achieving ₹82,630.38 crore in 2023-24. Although procurement markets in the European Union and the United Kingdom are appealing, past data indicates limited opportunities for Indian exporters in these regions. This pause provides India the opportunity to carefully evaluate its stance, ensuring that domestic policies remain protected.

Benefits of Free Trade Agreements for India

• Enhanced Market Access and Export Growth: India’s Free Trade Agreement (FTA) with the UAE exemplifies the benefits of such agreements, with exports to the UAE rising by 11.8% to reach $31.3 billion in FY23 following the implementation of the Comprehensive Economic Partnership Agreement. This agreement has granted preferential access for Indian goods across over 97% of the UAE’s tariff lines, particularly benefiting sectors such as textiles, gems and jewelry, and engineering goods. These recent achievements serve as a model for India’s ongoing negotiations with larger markets like the EU and UK, where similar preferential access could greatly enhance India’s export potential.
• Strategic Investment Inflows and Manufacturing Growth: The recent agreement with the European Free Trade Association highlights the strategic investment focus, committing an unprecedented $100 billion over 15 years. This approach marks a shift in India’s FTA strategy, linking trade access to tangible investment commitments. Investment chapters in modern FTAs significantly boost India’s manufacturing aspirations; for example, the UAE-India CEPA has already attracted several manufacturing investments, including a $2 billion food processing facility. These investments align with the Make in India initiative, creating jobs and facilitating technology transfer.
• Supply Chain Resilience and Diversification: In the post-pandemic landscape, FTAs are helping India reduce reliance on single sources and build resilient supply chains. The Australia-India Economic Cooperation and Trade Agreement (ECTA) ensures access to critical minerals essential for India’s green technology and electric vehicle manufacturing. Ongoing negotiations with the EU and UK could further enhance India’s position in global supply chains, especially in sectors like pharmaceuticals and automotive components.
• Technology Access and Innovation Ecosystem: Modern FTAs are facilitating the transfer of technology and fostering innovation partnerships. The India-Japan CEPA has been vital in introducing advanced manufacturing technologies, particularly in the electronics and automotive sectors. The recent EFTA agreement, while safeguarding India’s generic pharmaceutical interests by rejecting data exclusivity, includes provisions for technology cooperation in emerging fields such as green technology and digital innovation. This facet of FTAs is becoming increasingly significant as India aims to integrate into global value chains.
• Services Sector Growth and Professional Mobility: Recent FTAs have yielded substantial benefits for India’s services sector. The UAE CEPA features unprecedented provisions for the mutual recognition of professional qualifications and streamlined visa access for skilled professionals. Similarly, the Australia ECTA provides quotas for Indian chefs and yoga instructors, while ongoing EU negotiations concentrate on access for the IT and IT-enabled services sectors.
• Sectoral Competitiveness and Quality Standards: FTAs are driving improvements in quality and competitiveness within Indian industries. For instance, the textiles sector experienced significant export growth to Australia, averaging 11.84% over the past five years, largely due to quality enhancements aimed at meeting Australian standards. Similar advancements are evident in pharmaceutical exports across various FTAs, with Indian companies increasingly meeting global quality benchmarks. This competitive pressure is helping Indian industries gear up for global competition.

Key Issues Related to India’s FTAs

• Trade Deficit Concerns: India’s trade deficits with FTA partners have consistently increased following the implementation of these agreements.
• Rules of Origin Issues: The misuse of Rules of Origin has emerged as a significant issue, particularly concerning the rerouting of Chinese goods through FTA partner countries.
• Non-Tariff Barriers: Although FTAs aim to reduce tariffs, non-tariff barriers often remain in place, hindering market access. For instance, Indian pharmaceutical exports encounter substantial regulatory challenges in the EU despite ongoing FTA negotiations.
• Impact on Domestic Industries: FTAs have adversely affected several domestic industries, particularly small and medium enterprises (SMEs) and traditional sectors such as agriculture and dairy.
• Lack of Improved Access for Indian Services: India’s FTAs have not adequately secured reciprocal market access for its competitive service sectors, including IT, finance, and professional services.
• Intellectual Property Rights Tensions: Provisions related to intellectual property rights (IPR) in FTAs, especially with developed countries, often conflict with India’s domestic policies.
• Environmental and Labor Standards: Contemporary FTAs increasingly incorporate environmental and labor standards that could affect competitiveness.
• Geopolitical Concerns: India’s strategic and geopolitical considerations significantly shape its approach to FTAs, particularly amid rising tensions with China.
• India has been cautious about participating in large regional agreements, such as the Regional Comprehensive Economic Partnership (RCEP). In 2019, India withdrew from RCEP negotiations, expressing concerns about unequal market access and the potential adverse effects on sectors like agriculture, dairy, and small-scale industries.

Strategies That India can Pursue to Negotiate FTAs that Effectively Safeguard its National Interests

• Strategic Negotiation Framework: Implement a data-driven approach for FTA negotiations through sector-specific impact assessment models. Set defined thresholds for market access commitments based on domestic industry readiness, evaluated through indices on productivity, quality standards, and competitiveness. Additionally, develop an AI-powered trade analytics platform to monitor real-time trade flows and simulate impact scenarios. For instance, establish a system akin to the KOSIS (Korean Statistical Information Service) for dynamic impact analysis.
• Rules of Origin Enforcement Mechanism: Enhance the online Certificate of Origin management system using blockchain for real-time verification and secure tracking. Introduce mandatory geo-tagging and digital tracking for high-sensitivity import categories, coupled with AI-driven risk assessment tools to flag irregular trade patterns. A system similar to Singapore’s Networked Trade Platform could be created to ensure credential verification throughout supply chains.
• Domestic Industry Preparedness Program: Launch sector-specific programs to improve competitiveness ahead of FTA implementation, including a dedicated fund for technology upgrades and quality certifications. Establish industry-specific training centers in collaboration with FTA partner countries to bolster skill development.
• Services Trade Enhancement: Develop a comprehensive database that tracks non-tariff barriers in service sectors across FTA partner nations, facilitating better access and strategic planning.
• MSME Integration Strategy: Set up MSME export facilitation centers in key industrial hubs, providing FTA-specific advisory services to support MSMEs in leveraging FTA benefits.
• Digital Trade Infrastructure: Create secure data exchange protocols with FTA partners to streamline digital trade. Implement standardized digital documentation systems, aligning with platforms like India Stack, to promote uniform documentation acceptance across FTA networks.
• Value Chain Integration Program: Identify and target strategic value chains where India can assume a larger role, implementing specific interventions to strengthen these areas.
• Review and Renegotiation Mechanism: Introduce regular review mechanisms with clearly defined performance metrics for each FTA, ensuring ongoing evaluation and adjustment as needed.

India’s strategic pause in FTA negotiations reflects a need to re-evaluate government procurement policies while protecting domestic manufacturing and supporting MSEs. By focusing on comprehensive evaluations and addressing current challenges, India can ensure that future trade agreements foster economic growth and align with national priorities. This balanced approach will allow India to leverage the advantages of FTAs while safeguarding critical domestic industries.

The End of the Blog: Utility of free trade agreements for India