ARTICLE
11 June 2024

Navigating The New Trade Agreements: A Strategic Guide For Exporters

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Nexdigm Private Limited

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Nexdigm is an employee-owned, privately held, independent global organization that helps companies across geographies meet the needs of a dynamic business environment. Our focus on problem-solving, supported by our multifunctional expertise enables us to provide customized solutions for our clients.
In the dynamic arena of international trade, the Indian Government's recent spree of bilateral and Free Trade Agreements (FTAs)...
India International Law

In the dynamic arena of international trade, the Indian Government's recent spree of bilateral and Free Trade Agreements (FTAs) with multiple countries heralds a transformative period for manufacturers, exporters, and importers. These agreements, aimed at reducing trade barriers and fostering a more conducive environment for trade, have significant implications for various stakeholders in the export-import (EXIM) ecosystem, particularly within the logistics sector and among financial and regulatory consultants specializing in this domain.

Recent and Upcoming FTAs

Recent FTAs signed by the Indian Government include agreements with countries in the ASEAN region, the UAE, Australia, and the EFTA. These agreements often focus on sectors like textiles, agriculture, IT, and pharmaceuticals, offering reduced tariffs and improved market access.

Upcoming discussions are targeting FTAs with countries in Latin America and Africa, aiming to diversify India's trade relations and open up new markets for Indian goods. On the other hand, breakthrough is still expected in the ongoing negotiations between India and the UK.

The Impact of FTAs for Indian Manufacturers and Traders

The manufacturing industry, a crucial backbone of a bourgeoning Indian economy, stands to gain immensely from these new FTAs. By facilitating smoother and more cost-effective cross-border movement of goods, these agreements enhance the competitiveness of Indian exports in the international market. Similarly, manufacturers dependent heavily on imports of inputs, consumables etc. as well as traders purchasing goods from abroad can benefit from the reduced customs duty costs under the FTAs.

FTAs often include provisions for protection of foreign investments which could lead to increased Foreign Direct Investments (FDI) into India. In addition, there are provisions related to intellectual property rights, which benefit the businesses involved in innovation and technology-driven industries. These provisions extend legal protection for patents, copyrights, and trademarks, which is vital for hi-tech sectors.

Leveraging the capabilities of Logistics Service Providers (LSPs) and Consultants for FTAs

LSPs, especially those offering integrated cross-border solutions, can leverage these FTAs to optimize their operations, reduce costs for their clients, and open new avenues for growth. For LSPs, the reduction in tariffs and non-tariff barriers under these FTAs translates into lower operational costs and simplified customs procedures. Further, being ahead on the technology adoption, LSPs pull up big and small manufacturers alike, on the digitalization curve. This also speeds up the workforce upskilling and sophistication of trade processes leading to improved efficiency, reduced turn-around times and higher regulatory compliance enhancing market competitiveness. LSPs today are driving integration of processes over unified logistics platforms bridging the digital divide and providing a level playing field to manufacturers irrespective of their scale of operations. This efficiency gain not only boosts profitability but also enables LSPs to offer more attractive pricing and service packages to exporters and importers, particularly Medium & Small Enterprises (MSMEs) venturing afresh into international markets.

Be it MSMEs making their initial forays into international markets or large corporates, given the changing market landscape, integrated LSPs are invaluable partners. These providers offer end-to-end services that cover transportation, customs clearance, warehousing, and last-mile delivery, eliminating the need for businesses to coordinate with multiple vendors and navigating through the myriad documentations. This integration significantly reduces the complexity, cost, and time involved in international logistics, enabling businesses to focus on their core activities and market expansion.

Similarly, engaging an EXIM consultant can help ease out the initial setup in international markets. Consultants help convert daunting challenges ranging from documentation and compliances to understanding of local laws and building onground networks, into 'easy to understand and follow' operational processes.

The new FTAs often come with intricate rules of origin, compliance requirements, and sectorspecific regulations. Consultants can demystify these complexities, guiding businesses through the regulatory maze and ensuring that they fully capitalize on the concessions and benefits offered by the FTAs.

Other significant Multilateral and Bilateral Agreements

Not just the FTAs, India has also signed other multilateral and bilateral agreements with countries like the USA, Japan, Australia & South Korea in the field of Critical and Emerging Technologies (CETs). With tight implementation schedules of as low as 100 days from agreement to factory plant set-up, these sectors have started seeing speedier manufacturing traction on-ground.

Indo-US Bilateral Agreements

Moving at an unprecedented pace, various agreements in the sectors of AI, Defense, Aerospace, Renewable Energy, Semi-conductors, 5G and Biotechnology etc. have started seeing multi-stage manufacturing plants being setup across India and the US. Domestic as well as international manufacturers seek service providers facilitating design of supply chains, technology transfers, regulatory compliance as well as market expansion. As both India & the US go in for election this year, a lot more unfurling is expected in the coming year.

The role of integrated LSPs in supporting these sectors is becoming more crucial, as they ensure the seamless flow of goods, maintaining sustainable & resilient supply chains, transfer of green technologies and innovations between the nations, thus unlocking the real value of these ambitious collaborations.

Similarly, consultants provide crucial guidance in navigating the evolving regulatory landscapes of licensing and approvals, financial structuring of investments, funding and grants, compliance with taxation, export controls and risk management as well as navigating the corridors of Intellectual property (IP) protection especially for crossborder IP protection.

The opportunities are immense, all it takes is the right platform and partnerships to pave a way for a win-win solution. Below case studies outline tangible results for clients who navigated the FTAs with the help of LSPs and Consultants:

Case Study 1

Partnering with integrated cross-border LSPs has yielded measurable benefits for MSMEs and small organizations. For instance, a case study involving an Indian textile exporter showed a 20% reduction in logistics costs and a 15% increase in delivery speed after partnering with TCI, a leading LSP that optimized their supply chain based on the latest FTA with an ASEAN country. Such partnerships not only accelerated time-to-market but also enhanced the manufacturer's competitiveness and market access by offering cost-efficient solutions tailored to their needs.

Case Study 2

A small Indian software development company aiming to expand its services to the Australian market, by leveraging the potential of the ECTA. However, the company lacks experience in international market entry strategies and is uncertain about the regulatory and taxation landscape in Australia.

By engaging a consultant specializing in international market entry strategies, regulatory compliances, taxation laws, and trade documentation, the software company received comprehensive guidance tailored to its specific needs. As a result of the consultant's expertise, the software company achieved a streamlined market entry process, reducing time-to-market by 30% and minimizing compliance-related risks. Additionally, by optimizing taxation strategies and trade documentation, the company realized a 25% reduction in overall operating costs, maximizing profitability and competitiveness in the Australian market.

Case Study 3

An India headquartered (HQ) software solutions company set-up a wholly owned subsidiary in US to cater its client locally in US region. The subsidiary in US was set up to undertake distribution of the software developed by the HQ in its local jurisdiction.

The tax consultant assisted in setting up the tax efficient organization structure for setting up the entity in US, devised appropriate revenue mechanism for the newly set up entity by assisting in price setting mechanism for the related party transactions between the HQ and the entity in US region to ensure that the prices of the related party transactions meet the arm's length standard as required under the local laws of both the jurisdictions.

The consultant also assisted in recommending the appropriate documentation to be maintained in support of justifying the arm's length nature of the related party transaction between HQ and the subsidiary in US. This resulted in minimizing the tax compliance related risks in both the jurisdictions. By optimizing the taxation strategies, the HQ could increase its foothold in US region.

Conclusion

The landscape of international trade is evolving rapidly, with new FTAs opening up unprecedented opportunities for Indian businesses. Through partnerships with integrated LSPs like TCI, MSMEs and large corporates alike, can realize tangible benefits, including cost savings, operational efficiencies, and enhanced market reach.

Through strategic guidance and expertise, EXIM consultants enable businesses to navigate complex regulatory environments, minimize risks, and optimize operational efficiencies, ultimately enhancing competitiveness and driving sustainable growth in global markets.

By leveraging the expertise and resources of these service providers, businesses can navigate the complexities of international trade under specific FTAs and unlock new growth opportunities in global markets.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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