India has resisted pressure on opening up certain areas while the US and Europe are not equally forthcoming, with reciprocity being its mantra on global dealings. Consider this: An Indian company operating in the US will have to pay additional visa fees of $4,000-4,500 for some H1B and L1 visa applications, according to the Consolidated Appropriations Act 2016 that was signed into law by President Barrack Obama in December last year. Then, a new bill introduced in the US House of Representatives by two lawmakers proposes to recast these two visa programs to make it more difficult for companies to hire Indians. Thousands of skilled Indians travel to the US and work there on these visas. This is impacting the competitiveness of Indian IT majors such as Wipro, TCS and Infosys, among others. And even as the US tightens norms on Indian professionals accessing the US job market, it seeks, without any reciprocity, greater access to the vast Indian market for its poultry exports. It also places stiff hurdles in the path of Indian pharmaceutical exports and has dragged India to the WTO over domestic content requirements in solar cells and solar modules. This last challenge could severely impact Prime Minister Narendra Modi's ambitious project to generate 100 GW of solar power in this country by 2022. The scenario is just as bad with the European Union. Of the 23 cases pending against India at the WTO, as many as 10 have been filed by the EU and another six by the US. The EU has challenged Indian patent laws that prevent ever-greening of patents - a process of tinkering with the composition of drugs going off patent to indefinitely extend the life of the expiring patents - by European drug companies. This change, if it comes about, will sound the death knell for Indian pharma companies that supply cheap generic versions of expensive drugs to India and large parts of the world.
We have also made it public that we may approach the WTO on increase in visa fees as this could be viewed as a non-tariff barrier. This is against the spirit of free trade practices on the movement of personnel.-Nirmala Sitharaman, Indian commerce minister
United States | 6 cases | Patent protection for pharmaceutical and agricultural chemical products |
Quantitative restrictions on imports of agricultural, textile and industrial products | ||
Measures affecting trade and investment in the motor vehicles sector | ||
Additional and extra-additional duties on imports from the United States | ||
Measures concerning the importation of certain agricultural products | ||
Certain measures relating to solar cells and solar modules | ||
Canada | 1 case | Quantitative restrictions on imports of agricultural, textile and industrial products |
European Union | 10 cases | Patent protection for pharmaceutical and agricultural chemical products |
Quantitative restrictions on imports of agricultural, textile and industrial products | ||
Measures affecting export of certain commodities | ||
Measures affecting the automotive sector | ||
Import restrictions allegedly maintained by India under its Export and Import Policy | ||
Measures affecting customs duties | ||
Import restrictions maintained under the export and import policy 2002-2007 | ||
Anti-dumping measures on imports of certain products from the European Communities | ||
Measures affecting the importation and sale of wines and spirits from the European Communities. Authority for panel lapsed on 17 July 2008 | ||
Certain taxes and other measures on imported wines and spirits | ||
Switzerland | 1 case | Quantitative restrictions on imports of agricultural, textile and industrial products |
Bangladesh | 1 case | Anti-dumping measure on imports of batteries from Bangladesh |
China | 2 cases | Anti-dumping measures on certain products from the separate customs territory of Taiwan, Penghu, Kinmen and Matsu |
Anti-Dumping Duties on USB Flash Drives from the separate customs territory of Taiwan, Penghu, Kinmen and Matsu | ||
Australia | 1 case | Quantitative restrictions on imports of agricultural, textile and industrial products |
New Zealand | 1 case | Quantitative restrictions on imports of agricultural, textile and industrial products |
Total | 23 |