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Consultation Paper: Framing India’s Response on Electronic Transmissions at WTO

Blog: NASSCOM Official Blog

The World Trade Organisation (WTO)’s Customs Moratorium on Electronic Transmissions (Moratorium) is due for re-assessment at the 12th Ministerial Conference of the WTO being held at Nur-Sultan, Kazakhstan from 8 to 11 June 2020.

Currently, digitised products are not subjected to customs as historically this presented a technical challenge and thereafter the Moratorium gave it a legal cover. Overtime, the technical feasibility has improved and therefore the case for an automatic rollover of the ‘temporary’ moratorium without assessing the economic implications has weakened.

Both the economic impact and technical feasibility are directly related to what is considered under the scope of electronic transmission. A wide definition could present many challenges and make it impractical to lift the Moratorium. Given this, we believe that a wider definition is a nonstarter.

Conversely, a narrow definition could be a basis for a realistic evaluation of the merits and demerits of the Moratorium.

In framing a narrow definition, concerns such as classification of digitised products (as goods or services), and the scope and valuation of the dutiable object (whether the value should be limited to the carrier medium carrying content or subsume the content as well) need to be settled.

In this backdrop, NASSCOM has put together an Industry Consultation Paper on the issue of the Moratorium. This paper seeks to (i) inform framing of an appropriate scope of electronic transmissions; and (ii) identify concerns that may remain should the Moratorium be lifted based on a narrowly defined scope.

Accordingly, this paper seeks industry feedback to:

We request the inputs been sent to the NASSCOM Public Policy team, latest by 31st January 2020. Please send in all inputs to

The post Consultation Paper: Framing India’s Response on Electronic Transmissions at WTO appeared first on NASSCOM Community |The Official Community of Indian IT Industry.

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