India Amends FDI Policy to Allow
Export-Only Inventory-Based E-Commerce
The Department for Promotion of Industry and Internal
Trade (DPIIT) has amended India's Foreign Direct Investment (FDI) Policy to
allow foreign-invested e-commerce companies to operate an inventory-based
e-commerce model exclusively for the export of goods manufactured and/or
produced in India. The move aims to strengthen India's export ecosystem,
promote domestic manufacturing, and enhance the country's integration into
global value chains.
What is the Amendment?
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Foreign-invested
e-commerce entities can now own and operate an inventory-based e-commerce model
solely for exports.
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The permission applies
only to goods manufactured and/or produced in India.
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The relaxation does not
change the existing rules governing domestic e-commerce operations.
Key Highlights of the Decision
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DPIIT has reviewed the
existing FDI Policy and relaxed FDI norms for the inventory-based model of
e-commerce exclusively for exports.
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A new provision has been
inserted in the FDI Policy stating: An e-commerce entity is permitted to engage
in an inventory-based model of e-commerce exclusively for the export of
goods/products manufactured and/or produced in India.
¨
The relaxation applies
only to exports of domestically manufactured and/or produced goods and does not
apply to domestic retail sales.
¨
Existing restrictions on
Business-to-Consumer (B2C) and inventory-based e-commerce continue for the
domestic market.
¨
Export operations must
comply with the Foreign Trade Policy (FTP), 2023, Handbook of Procedures (HBP)
and Foreign Exchange Management (Export of Goods & Services) Regulations,
2015, as amended from time to time.
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The decision will take effect
from the date of notification under the Foreign Exchange Management Act (FEMA).
About FDI in E-commerce
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Existing FDI Policy:
India permits 100% Foreign Direct Investment (FDI) under the automatic route in
Business-to-Business (B2B) e-commerce and the marketplace model of
e-commerce.FDI is not permitted in Business-to-Consumer (B2C) e-commerce and
the inventory-based model of e-commerce.
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Marketplace Model: In the
marketplace model, the e-commerce entity provides a digital platform connecting
buyers and sellers.The platform acts only as a facilitator and does not own
inventory.Goods are sold by independent sellers through the platform.
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Inventory-Based Model:
The e-commerce entity owns the inventory of goods and services.The platform
directly sells goods to consumers.FDI was not permitted in this model because
it effectively allows foreign companies to enter multi-brand retail, a sector
where FDI has remained tightly restricted.The restriction was originally
introduced to regulate domestic retail trading and protect small retailers.
Why was this Change Needed?
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To Facilitate Greater
Exports: The amendment enables easier access to global markets for Indian
sellers, supporting the Government’s target of US$1 trillion merchandise
exports by 2030.
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To Reduce Compliance
Burden on MSMEs: Large e-commerce companies can handle export documentation,
paperwork, testing and labelling, helping MSMEs, of which only about 12,000
currently undertake e-commerce exports.
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To Meet Emerging Global
Traceability Requirements: Large e-commerce companies can help MSMEs comply
with new traceability regulations, including the European Union’s Digital
Product Passport (DPP).
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To Address US Tariff
Challenges: The amendment comes ahead of the United States replacing the 10%
global tariff and proposing a 12.5% tariff on certain goods imported from
India, strengthening the need to boost export competitiveness.
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To Provide Policy
Clarity: The amendment clarifies that inventory-based restrictions do not apply
to export operations, reinforcing policy predictability while preserving
domestic e-commerce safeguards.
Significance
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Boost to MSME Exports:
Enables MSMEs to access global markets through large international e-commerce
platforms while reducing the burden of paperwork, testing, labelling and export
compliance.
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Supports Manufacturing
and Export Targets: Supports the Government’s objective of increasing
manufacturing’s share in GDP from around 17% to 25% by 2035 and achieving US$1
trillion merchandise exports by 2030.
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Improves Ease of Doing
Business: Removes policy uncertainty and reinforces policy predictability for
foreign investors.
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Supports Tier-II and
Tier-III Manufacturers: Enables regional manufacturers and SMEs to reach global
customers and strengthen Brand India.
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Better Integration with Global
Supply Chains: Provides greater flexibility in sourcing, warehousing and
shipping Indian-made products to overseas markets.
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Strengthens India’s
Export-led Growth Strategy: Expands the role of global e-commerce platforms in
increasing exports of domestically manufactured goods.
