The Department of Foreign Affairs and International Trade is committed to respecting the privacy rights of individuals who visit its Web sites and who participate in on-line consultations. Provision of the information requested for this consultation such as name, position/title, organization, telephone number, email address as well as personal views and opinions is provided on a voluntary basis. The personal information is being collected under the authority of the Department of Foreign Affairs and International Trade Act and for the sole purpose of assisting Canada in its negotiations toward a Comprehensive Economic Partnership Agreement (CEPA) with India. The personal information will not be linked with other databases nor will it be used for any secondary purpose (e.g., follow-up research/survey). The personal information will be retained for seven (7) years and will then be destroyed. Individuals to whom the personal information pertains have a right to the protection of and access to their personal information under the Privacy Act. The personal information collected is also described under the class of personal information for Canada-India Comprehensive Economic Partnership Agreement Consultations, which is detailed at www.infosource.gc.ca. Third party commercial information is subject to the provisions of the Access to Information Act.
This questionnaire seeks your input on trade in goods, trade in services, temporary entry and investment with regard to Canadian business activities in India.
We invite you to submit your input as per the following instructions:
Contributions may be sent via email, fax or mail to:
In addition, please note that this questionnaire has been written for respondents from Canadian companies and associations. Throughout the text, we refer to both companies and associations with the term ‘organization’. Questions that are to be answered by either companies or associations will be specifically identified.
Does your organization have offices in other Canadian cities? If yes, please list.
If yes, please provide your name and contact information below:
Canada’s trade relationship with India is significant and growing. Bilateral merchandise trade with India totaled $4.1 billion in 2009, an increase of 70.2 per cent from 2004. India accounted for $2.1 billion of Canada’s global merchandise exports and $2.0 billion of Canada’s global merchandise imports in 2009.
We are seeking Canadian business community views on the elimination of tariffs and technical barriers to trade, for goods originating in both Canada and India. Consistent with Canada’s approach to other trade agreements, we anticipate that tariff elimination and phase-outs will be negotiated on an individual tariff line (or product) basis.
Please identify Canadian export interest(s) to India that would benefit from the elimination of Indian tariffs. Please identify products using as much detail as possible, including their specific Harmonized System (HS) tariff line number and corresponding product description.
When identifying products where you would see the greatest benefit in having India remove its current tariff quickly, please (i) provide a rationale for choosing the product; and (ii) prioritize products identified in order of importance to you (high, medium, low).
Please provide your views on tariff elimination for Indian product(s) into the Canadian market, including identifying product(s) for which elimination of tariff should be immediate, expedited or phased over time. Please identify: 1) Indian product(s) for which a tariff phase-out period of some length would be required in order to allow Canadian industry to better adjust to increased import competition from India; and/or 2) Indian product(s) for which you have an interest in importing. Please identify products using as much detail as possible, including their specific Harmonized System (HS) tariff line number and corresponding product descriptions.
When identifying products where you would want Canadian tariffs to be phased-out over time, please provide a rationale for choosing the product and describe the need for a phase-out period.
Please provide any views regarding the rules of origin and/or advice on appropriate rules of origin for specific products or sectors. When identifying products, please specify product descriptions and/or the Harmonized System (HS) number.
As global tariffs have substantially decreased, there has been increased focus on ensuring non-tariff measures or policies do not restrict or distort international trade. Governments use technical regulations and standards to achieve a range of policy goals, such as ensuring the health and safety of their citizens, protection of the environment, and consumer protection. While the vast majority of technical regulations, standards and conformity assessment procedures are designed to achieve non-trade related objectives, they become technical barriers to trade when they have the unintended (or intended) effect of unnecessarily restricting or distorting trade.
a) Please identify any 'technical barriers to trade' (TBTs) that you have encountered when exporting or conducting business in India.
TBTs may result from:
Examples of TBTs could include: overly burdensome labelling requirements; duplicative testing or certification requirements; and unnecessarily restrictive requirements resulting from mandatory requirements related to product characteristics or performance.
Please provide as much detail as possible, including specific products, rules or regulations, and any other related documentation.
b) If you have encountered TBTs when exporting or doing business in India, do you consider these barriers to be the result of a specific rule or regulation, or are they symptomatic of a more systemic problem?
Examples of issues that might be symptomatic of systemic challenges include:
c) If you have encountered TBTs when exporting or doing business in India, please explain in detail how they impact your ability to access the Indian market and compete with local suppliers.
d) If your organization submitted comments as part of the development of an Indian law, regulation or standard, in your opinion were these comments taken into account?
e) Has your organization experienced any problems as a result of compliance with or application of laws, regulations and/or standards in India?
f) Please provide comments, suggestions, and recommendations on how to resolve the TBTs you have encountered and facilitate trade.
Please identify any non-tariff barriers or any other issues with regard to trade in goods that you have encountered when exporting or conducting business in India. Please provide as much detail as possible, including specific products, rules or regulations, the resulting negative impact on Canada-India trade, and any other related documentation.
Trade in goods issues may include the following:
Please provide as much detail as possible, including specific products, rules or regulations, the resulting negative impact on Canada-India trade, and any other related documentation.
Trade in services is affected by a variety of domestic regulations and covers sectors as diverse as professional services, telecommunications, information and communication technologies, energy, transportation, distribution and retail trade.
Negotiations on Cross-Border Trade in Services will serve to establish a framework of rules designed to address domestic regulatory impediments applied on a sectoral basis as well as on the means through which the service is delivered.
The following questions seek to identify barriers to trade which may affect access and the effective delivery of services to the Indian market.
Examples of ways services can be delivered include:
Please describe the ways in which your organization provides (or intends to provide) services to Indian customers.
Please describe any barriers that your organization has encountered that have affected your ability to provide services to Indian customers. Barriers to trade in services can include:
When describing service barriers, please provide as much detail as possible including the specific sector(s) involved, rules or regulations encountered, and any other related information. Please describe not only barriers specific to your sector, but any barriers related to the means by which you provide services (for example, regulations pertaining to electronic commerce).
Please identify any area where you believe your organization would benefit from closer cooperation, including Mutual Recognition Agreements (MRAs) on professional qualifications, between Canada and India. Please provide as much specificity as possible, including a description of the sector and the type of cooperation envisioned.
We are also aware that your organization may sell services which are dependent on the sale of a particular good. Should the selling of these services be related to the ability to sell certain goods abroad, we would be interested in hearing about these problems.
Please provide any additional information on problems encountered in the Indian market.
Many business persons must travel to foreign markets to facilitate trade and investment.
Examples of issues that may cause difficulties in getting entry visas and/or work permits include:
What challenges does your organization face in obtaining entry visas and/or work permits for employees including executives, managers, management trainees, professional staff, specialized personnel and spouses of staff?
The business of some Canadian service providers relies on the entry of Indians into Canada. For example, Canadian firms may sell to Indians in Canada, close deals during visits by prospective Indian clients to Canada, and import services via the entry of business persons from India.
What challenges do you face in obtaining visas or work permits for Indian visitors, clients or personnel you have invited to Canada?
For professional associations: Canada’s current approach for the coverage of professionals (which normally requires a four-year university degree) in bilateral trade agreements is to include all occupations at a professional level except the following:
Please comment on whether or not this list requires modification. If so, please describe and provide the rationale for any suggested modifications.
While the bilateral Canada-India investment relationship has been expanding in recent years, it remains modest compared to the level of investment each country receives from the rest of the world. In 2009, official statistics valued Canadian direct investment into India at $601 million and Indian direct investment into Canada at $3.0 billion. The following questions are aimed at furthering our understanding of the formal and informal barriers to Canadian investment in India.
a) Are there particular areas where your company or a member of your association has experienced difficulty in establishing or maintaining an investment in India? Potential issue areas could include:
Please describe the area(s) of difficulty encountered and explain by providing short example(s).
b) While operating in India, were you or your company ever asked to maintain a minimal level of representation of Indian nationals in senior management positions or on a Board of Directors, thereby materially impairing your (a Canadian investor's) management of the investment? If yes, please describe the situation and how did you manage it?
As part of your existing investments in the Indian market, do you follow any self-imposed constraints, such as voluntary codes of conduct (e.g. corporate social responsibility) related to environmental and social aspects of sustainable development?
Is there any additional information you would like to share with regard to your organization’s investment activities with India?