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Data localisation norms a key sticking point in India-US BTA talks

28 Mar 2025
2 min

India-US Bilateral Trade Agreement (BTA) Talks

The ongoing negotiations for the first phase of the India-US bilateral trade agreement are focusing on two main areas: liberalization of India's digital services and tariff reduction on goods.

Key Discussion Points

  • Digital Services:
    • One contentious issue is India's data localisation norms that require data to be stored within India, as per the draft rules of the Digital Personal Data Protection (DPDP) Act.
    • This requirement is opposed by American companies due to potential business uncertainties.
  • E-commerce and Customs Duties:
    • The US is advocating for a permanent moratorium on e-commerce to prevent India from imposing customs duties on electronic transmissions.
    • This agenda aligns with broader discussions at the WTO, where developing countries like India have argued that such a moratorium affects their revenue collections.
  • Skilled Professionals Movement:
    • India is prioritizing the swift movement of skilled professionals to the US, proposing a cap on the number of H1B visa holders to reduce uncertainty.

Recent Developments

  • India recently removed the 6% equalization levy on online advertising services offered by non-resident entities, benefiting companies like Google, Meta, and X.
  • This move is seen as a gesture to address US concerns and precedes the US's potential implementation of reciprocal tariffs.

Tariff Reduction Demands

  • The US has been vocal about its desire for tariff cuts in sectors such as agriculture, automobiles, and alcohol.
  • Conversely, India is negotiating for reduced tariffs in its labor-intensive sectors, including textiles and leather.

Summary of Trade Talks

  • Negotiations are led by a team headed by Assistant USTR Brendan Lynch.
  • The aim is to finalize the trade deal's contours by the month's end, with an ambitious target to conclude by fall.

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