The Department for Promotion of Industry and Internal Trade (DPIIT<\/a>) wants the Department of Expenditure<\/a> (DoE) to withdraw a relaxation allowing domestic companies that have technology transfer arrangements with Chinese companies to bid for public projects, wary of a backdoor entry by entities from across the border.
This relates to a June 8 office memorandum issued by the DoE that said last year's order wouldn't apply to domestic bidders having transfer of technology (ToT<\/a>) arrangements with entities from a country sharing a land border with India<\/a>. The government last year restricted companies based in nations sharing a land border with India from investing in the country and participating in public projects. The measures were aimed largely at Chinese companies.
The DPIIT, in a June 28 communication to the DoE, said it has received representations from stakeholders alleging that the June 8 clarification is against the basic purpose and intent of the earlier order issued last year in July.
\"Blanket exemption from registration to bidders having ToT arrangements will provide an indirect route to the bidders having beneficial ownership in land border sharing countries to participate in public procurement in violation of the guidelines stipulated in DoE order dated July 23, 2020,\" the DPIIT said.
The Department for Promotion of Industry and Internal Trade (DPIIT<\/a>) wants the Department of Expenditure<\/a> (DoE) to withdraw a relaxation allowing domestic companies that have technology transfer arrangements with Chinese companies to bid for public projects, wary of a backdoor entry by entities from across the border.
This relates to a June 8 office memorandum issued by the DoE that said last year's order wouldn't apply to domestic bidders having transfer of technology (ToT<\/a>) arrangements with entities from a country sharing a land border with India<\/a>. The government last year restricted companies based in nations sharing a land border with India from investing in the country and participating in public projects. The measures were aimed largely at Chinese companies.
The DPIIT, in a June 28 communication to the DoE, said it has received representations from stakeholders alleging that the June 8 clarification is against the basic purpose and intent of the earlier order issued last year in July.
\"Blanket exemption from registration to bidders having ToT arrangements will provide an indirect route to the bidders having beneficial ownership in land border sharing countries to participate in public procurement in violation of the guidelines stipulated in DoE order dated July 23, 2020,\" the DPIIT said.
Concerns of industry bodies<\/strong>
As per the communication reviewed by ET, industry chambers CII<\/a>, Ficci and Assocham, the Telecom Equipment Manufacturers Association<\/a>, Cellular Mobile Association of India, the Science, Indigenous Technology and Advanced Research Accelerator, and Rail India Technical and Economic Service Limited have made representations raising concerns over the expenditure department's order.
\"It is requested to examine the various representations received on the subject and review the relaxation granted. Pending above, the aforesaid OM (office memorandum) may be put on hold,\" the industry department has suggested.
\"Their order goes against the objective of Aatmanirbhar Bharat<\/a>. We have written to the finance ministry to withhold it,\" said an official aware of the development.
As per the DPIIT, the clarification means entities having beneficial ownership from the countries concerned can have ToT agreements for installation, maintenance, after sales service and similar such services with an Indian company to push Chinese products for public procurement. This is not permitted unless mandatorily registered, as per the DoE order of July 2020.
\"Therefore, the scope and mandate of ToT agreements proposed to be exempted from purview of DoE order... need to be defined,\" the DPIIT said, referring to national and data security concerns raised by industry, especially for projects in sensitive areas that need to be \"appropriately addressed.\"
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