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India · International Trade

International Trade

Comprehensive Economic Partnership Agreements are reshaping trade — reducing tariffs, simplifying customs, protecting investment and opening service sectors. For Indian businesses trading with the UAE, the GCC and other CEPA partners, structuring transactions to capture those benefits is commercially decisive. We advise on India's CEPA frameworks, rules of origin, tariff optimisation, cross-border structuring and trade dispute resolution — with particular depth on the India–UAE corridor.

The framework we work in
India–UAE CEPA
In force since May 2022 — preferential tariffs & market access
DGFT & CBIC
With the Ministry of Commerce and Industry
Customs Act 1962
And the Foreign Trade (D&R) Act 1992
India's network
UAE, Japan, ASEAN, Singapore, Korea, Australia, Oman; GCC & UK underway
01 — Our services

From agreement to clearance.

Capturing a CEPA benefit is a structuring exercise, not a policy reading — it depends on the right entity, the right origin position and defensible documentation. We advise across the whole chain.

01

India’s CEPA & trade-agreement landscape

Structured advice on the operative position under each relevant agreement, through the Ministry of Commerce and Industry and the DGFT.
  • India’s network — agreements with the UAE, Japan, ASEAN, Singapore, South Korea, Australia, Mauritius and Oman, with the GCC and the United Kingdom under negotiation.
  • Scope & schedules — coverage under specific CEPA and FTA frameworks, tariff elimination and reduction schedules, and market access commitments for goods, services and investment.
  • Provisions & timing — services, digital trade and intellectual property provisions, phased implementation timelines and safeguard measures.
02

The India–UAE CEPA

In force since May 2022, the flagship bilateral framework for the India–UAE corridor, spanning goods, services and investment.
  • Tariff benefit analysis — India–UAE CEPA tariff benefit analysis for specific HS codes.
  • Exporter structuring — free zone entity structuring for Indian exporters entering the UAE, and rules-of-origin compliance for India–UAE bilateral trade.
  • CEPA eligibility — cross-border structuring for CEPA eligibility, including invoice routing and entity positioning.
  • For GCC businesses — advisory on CEPA benefits for GCC-based businesses trading with India.
03

Rules of origin & tariff structuring

Preferential access depends entirely on the Rules of Origin — the most misunderstood and most frequently misapplied aspect of CEPA utilisation.
  • Classification — HS Code product classification and alignment with the India Customs Tariff.
  • Origin tests — substantial transformation and value-addition thresholds, change-in-tariff-heading criteria, and cumulation provisions across partner countries.
  • Certification — Certificate of Origin procurement, through DGFT-issued and self-certification mechanisms and approved Export Promotion Councils.
04

Cross-border corporate structuring

CEPA benefits often require deliberate entity structuring, coordinated across both sides of the corridor at once.
  • Entity positioning — UAE free zone and mainland incorporation for Indian exporters, and Indian subsidiary, branch and liaison structuring for UAE businesses entering India.
  • Contracts — distribution, agency and supply chain contract drafting, and investment structuring under CEPA investor-protection provisions.
  • Regulatory coordination — with Customs, the DGFT and the CBIC.
05

Trade compliance & documentation

CEPA-driven trade demands strict documentary discipline under the Customs Act 1962 and the Foreign Trade (Development and Regulation) Act 1992.
  • Documentation — CEPA-compliant commercial documentation and contract drafting, and customs advisory and pre-clearance structuring.
  • Internal frameworks — internal compliance frameworks, staff training, and regulatory audit preparedness and mock review.
  • Liaison — with the DGFT, the CBIC and the UAE Federal Customs Authority on compliance matters.
06

Trade remedies, disputes & enforcement

Where preferential treatment is denied or a classification is challenged, advisory extends into enforcement.
  • Administrative & customs — administrative appeals before the DGFT and CBIC, and customs adjudication and classification disputes.
  • Trade remedies — advisory on anti-dumping, countervailing and safeguard measures.
  • Arbitration & enforcement — contractual dispute resolution and arbitration mechanisms under the India–UAE CEPA and other frameworks, enforced across Indian and UAE jurisdictions simultaneously.
07

Cross-border payments under FEMA

Cross-border payment flows between an Indian entity and its foreign parent, supplier, or customer are subject to the Foreign Exchange Management Act 1999, administered by the Reserve Bank of India. FEMA regulates current account transactions, capital account transfers, and the documentation required for each category. Common structuring requirements include: correct characterisation of intercompany payments (royalties, management fees, and service charges each have their own FEMA treatment); advance remittance compliance for imports; repatriation of export proceeds within prescribed timelines; and, for related-party transactions, Transfer Pricing documentation under income-tax law. ATB Legal advises on payment structuring under FEMA, reviews intercompany agreements for FEMA exposure, and coordinates with tax advisers on the Transfer Pricing overlay.
The India–UAE corridor
Both sides of the corridor, one adviser.

Our work is not limited to policy interpretation — it extends to implementable structuring, defensible documentation and commercial risk mitigation. The dual India–UAE presence gives clients coordinated advice on both sides of the corridor at once, without the cost and friction of separate advisers in each jurisdiction, on structures built to withstand customs scrutiny.

Our UAE trade practice →

02 — Representative experience

A sample of recent matters.

01

India–UAE CEPA: free zone entity structuring. An India-based manufacturer expanded into the UAE by establishing a free zone entity, invoicing from India and shipping directly to a mainland UAE customer. We advised on the applicable Rules of Origin, invoice structuring and documentation needed to preserve preferential tariff eligibility; the client implemented the model and leveraged CEPA benefits.

02

Rules of origin — pharmaceutical exporter. Advised an India-based pharmaceutical manufacturer seeking preferential access for finished formulations — an HS Code classification review and value-addition analysis confirmed the process satisfied the Rules of Origin; we prepared CEPA-compliant documentation and advised on Certificate of Origin procurement through the relevant Export Promotion Council.

03

Trade compliance — IT services export structuring. Advised a technology services company on structuring cross-border service delivery between India and the UAE to maximise CEPA services-chapter benefits, including market access for professional services — entity positioning, services-export contract structuring, and coordination with the DGFT on certification.

Representative matters. Some details are withheld for client confidentiality.
03 — How we work

Structured to qualify.

Preferential treatment is won at the structuring stage and defended in the documentation.

01

Assess

The relevant agreement, the HS codes and whether the goods or services can qualify.

02

Structure

Entity positioning, invoice routing and supply-chain alignment for CEPA eligibility.

03

Document

Origin certification and CEPA-compliant documentation that withstands customs scrutiny.

04

Defend

Appeals before the DGFT and CBIC, classification disputes, and enforcement.

04 — Frequently asked questions

India trade & CEPA, answered.

What is a CEPA, and how does it differ from a standard FTA?
A Comprehensive Economic Partnership Agreement (CEPA) is broader than a traditional Free Trade Agreement: beyond goods and tariff reductions, it typically covers services trade, investment protections, intellectual property, digital trade and dispute resolution. India's CEPA with the UAE is the most commercially significant for the corridor — preferential tariff access across thousands of goods and market access for services, administered jointly by the DGFT and the CBIC.
Does every product automatically qualify for reduced duty under the India–UAE CEPA?
No. Preferential tariffs apply only where the product satisfies the applicable Rules of Origin, confirming it genuinely originates from the exporting country. Eligibility also depends on correct product classification and proper documentation, including a valid Certificate of Origin. Errors in any element can mean standard duties apply, or a customs challenge.
What are Rules of Origin, and why do they matter?
Rules of Origin determine whether a product qualifies as originating from a CEPA partner country, entitling it to preferential tariff treatment. Qualification typically depends on value-addition thresholds, substantial transformation criteria, or change-in-tariff-heading tests. Incorrect ROO analysis is the most common reason preferential claims are denied.
Can a UAE free zone entity claim India–UAE CEPA benefits on goods imported from India?
Yes, in many cases — but the structure requires careful analysis. Benefits generally apply to goods imported into the UAE customs territory once they pass customs clearance, and the invoice routing, origin documentation and consignment structure must satisfy CEPA Rules of Origin. We advise on structuring this correctly before the model is implemented.