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India-UK FTA: Why US, EU will leverage nod to British firms in govt procurement

India-UK FTA: Why US, EU will leverage nod to British firms in govt procurement

India Today2 days ago
When the India-UK Free Trade Agreement (FTA) was signed on July24, the headlines were predictable: Scotch whisky duties, visa quotas for Indian techies, some talk of green hydrogen. What went almost unnoticed was a clause that quietly overturned one of New Delhi's most sacrosanct red lines. For the first time in the country's trade history, foreign companies had been granted a legal foothold inside the government's own spending bazaar.Buried in Chapter15 of the 650page pact is a provision that allows British firms to bid for Indian central government contracts on nearequal terms with domestic suppliers. Annex15A.i fixes the entry bar at projects above Rs 200crore, roughly 20-25million, and introduces a 20per cent local content threshold: UK suppliers that source or add at least onefifth of value in India are deemed 'ClassII local suppliers', the same status currently reserved for Indian entities under the Make in India policy.advertisementThe text spells it out with clinical precision: 'UK companies will be treated as a 'Class Two local supplier' if at least 20per cent of a company's product or service is from the UK granting them the same status that is currently only ever given to Indian businesses.'The numbers attached to this seemingly technical clause are anything but small. Central government procurement in India is estimated at over $600billion annually, close to 15per cent of the Gross Domestic Product (GDP). According to internal estimates, about 40,000 highvalue tenders a year—worth roughly 38billion—now fall within the UK-India FTA's scope.
'Even if only 5per cent of eligible tenders are won by UK firms, that's Rs 30,000-Rs 35,000crore a year—an unprecedented outflow of statebacked demand to foreign suppliers,' said a senior Indian official. With government capex (capital expenditure) pegged at Rs 11.1lakh crore in FY25, the clause potentially shifts a nontrivial slice of public spending into a bilateral trade corridor.That corridor will be mapped with new plumbing. The FTA mandates a dedicated bilingual procurement portal linking India's central tenders to the UK's system within six months of ratification. All ministries and departments are covered. Public sector enterprises are trickier: only PSUs 'operating on behalf of government' are explicitly listed in Annex15B, leaving strategic sectors like power and oil open to interpretation.Implementation will be phased, with Indian ministries given 180days to build compliance systems and train procurement officers. British suppliers will have access from day one, their own eprocurement infrastructure already aligned with FTA standards.For New Delhi, this is more than a technical adjustment. The wall that just came down has stood for three decades. India has historically treated government procurement as an instrument of industrial policy, not trade. At the World Trade Organization (WTO), New Delhi refused to sign the plurilateral Agreement on Government Procurement and argued that procurement was 'nontrade in nature'.India walked away from the EU and RCEP (Regional Comprehensive Economic Partnership) negotiations when Brussels and Tokyo insisted on procurement chapters. That this firewall fell in a deal with London is a pivot with both economic and political weight. Earlier, New Delhi had agreed for similar provisions in the UAE's Comprehensive Economic Partnership Agreement (CEPA). But at that time, it was argued that Abu Dhabi is largely a trade hub, and the window was more strategic.advertisementYet, even with the firewalls in the FTA , a faint 'London window' remains. UK firms can source Chinese components, assemble or add value in Britain, and still meet the origin criteria to access Indian public contracts. In complex supply chains like electronics and solar equipment, that margin is wide enough for Chinese inputs to ride through the backdoor—without ever being named on the tender.A useful comparison here is the recent UK-US trade deal, where Washington's paranoia about China was baked into every clause. The pact hardwires 'trusted supply chain' provisions, explicitly excludes critical technologies from any thirdcountry sourcing and gives Washington the right to suspend procurement access if a supplier is even partially owned or controlled by an entity linked to Beijing.By contrast, the India-UK FTA opts for a more layered approach: national security exceptions and valueaddition rules are there, but it stops short of USstyle blanket exclusion. Sensitive sectors like defence and telecom are carved out, yet the text leaves breathing space for UK companies to tap Chineseorigin components as long as they are sufficiently processed in Britain. It is a hedged opening that tries to keep Beijing in the shadows, but unlike the UK-US template, still leaves a narrow London corridor through which Chinese supply chains could flow.advertisementCommerce minister Piyush Goyal, unveiling the pact, called it a 'gold standard FTA' that 'balances ambition with sensitivity'. But the balance is precisely what critics are questioning. Ajay Srivastava of the Global Trade Research Initiative (GTRI) calls the move 'a dangerous precedent'.'Allowing UK firms to compete on nearequal terms could crowd out Indian MSMEs (micro, small and medium enterprises), which depend heavily on protected access to government contracts. It also dilutes one of India's last remaining industrial policy tools—procurement preferences—to promote domestic manufacturing, innovation and jobs,' Srivastava told INDIA TODAY.Srivastava's second concern cuts deeper. 'While UK companies gain broad access to India's procurement system, Indian firms remain largely excluded from the UK's closed and highly competitive market. With little reciprocal benefit, this sets a template other partners will now demand,' he explains.That fear is echoed from the swadeshi flank too. The Swadeshi Jagran Manch (SJM) has warned that granting foreign bidders parity in central contracts is a 'slippery slope', undermining atmanirbharta and exposing small Indian suppliers to a shock they are structurally illequipped to handle.advertisementThe political reverberations are already visible in Geneva and Brussels. EU negotiators are privately signalling they will now lift the India-UK text and drop it into the stalled EU-India FTA. Washington, where procurement access is always on the table, will likely do the same. As a former Indian negotiator puts it: 'Once you write it into one treaty, you've created a benchmark. You can't put the wall back up.'The government's defence rests on reciprocity and strategy. The UK's public procurement market is estimated at 400billion, and under the FTA, Indian firms theoretically gain access to 122billion of that. The agreement requires both sides to publish tenders on a single online portal, free of charge, with full transparency.Sensitive areas—defence, railways, atomic energy and all statelevel procurement—are carved out of the text. Government officials describe the 20per cent local content rule as 'a bridge to Make in India, not a bypass', arguing that it is designed to draw foreign firms into domestic manufacturing rather than replace it.But the asymmetry is hard to miss. Less than 10per cent of UK public contracts go to foreign firms under London's strict procurement regime. In India, by contrast, British suppliers with a light manufacturing footprint could now bid aggressively in sectors from power transmission to urban infrastructure. MSMEs, which enjoy a 25per cent reservation in government tenders and depend on policydriven demand, fear being squeezed as price competition intensifies at the top end of the market.advertisementThe story here is not just economics but ideology. For years, India's trade negotiators carried a simple mantra into every FTA: tariffs are flexible, procurement is sovereign. On July24, that mantra changed. Whether this is strategic statecraft, using procurement access to pull in UK capital and technology, or a costly concession traded away for limited tariff gains will take years to judge. What is clear today is that India has crossed a line it held for a generation. And as Brussels, Tokyo and Washington read the fine print, they see more than a clause. They see a gate, newly opened.Subscribe to India Today Magazine- EndsTune InMust Watch
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