Restructuring DGFT – Is that a necessity? March 2018 issue

Restructuring DGFT – Is that a necessity?

In India’s foreign trade circles, a big news that has been doing the rounds in recent weeks is that the Ministry of Commerce is planning to restructure the Directorate General of Foreign Trade (DGFT) to make the body more relevant to the new world order in foreign trade. The Dollar Business analyses the backdrop and the possible ramifications of this exercise.

By TDB Intelligence Unit | April Issue 2017 | The Dollar Business

The Directorate General of Foreign Trade (DGFT) replaced the erstwhile Chief Controller of Imports & Exports (CCI&E) some 25 years ago when P. V. Narasimha Rao government liberalised India’s economy in 1991. The objective was to administer laws regarding foreign trade and foreign investment in India apart from promoting India's exports.

A lot of water has flown under the bridge since then. India’s exports have grown from an average of about $1.5 billion per month in 1991 to $22 billion per month in 2016, having touched a high of $30.54 billion in the month of March 2013. A rather splendid performance. To further fuel export growth, on April 1, 2015, the new BJP-led government unveiled the Foreign Trade Policy 2015-2020, setting an ambitious overall export target of $900 billion by FY2020. So far so good. What though has been a cause for concern is that over the last two years India’s exports performance has been rather lackluster. And the unfortunate truth is that the goal of $900 billion already seems far too ambitious.

In FY2016, India’s total export value was $262.92 billion (as per MoC data), which is 15.27% lower than the previous year's number.

The Backdrop

The reasons are many. Global economy has been dull, commodity crisis has played havoc in emerging economies, and protectionism has been on the rise in developed economies. And it is not that the government is unaware of these issues. It has offered special packages to promote exports from traditional sectors like textiles and leather. It is also undertaking a mid-term review of the FTP. More importantly, in March 2016, the government had invited bids from global consulting firms for a white paper – to study the best practices in foreign trade promotion and review & recommend changes to the functioning of the DGFT and make it more relevant to the realities of the global economy.

“One of the ways of looking and facilitating trade is to have a look at the role of DGFT in the new globalised world. It is therefore proposed that Ministry of Commerce undertake a review of the functioning of DGFT, for which a study is proposed to be conducted through one of the reputed consultants who have global presence to give us a deeper insight into how the other major trading countries conduct their foreign trade, and draw suitable lessons for the way forward in India,” a request for proposals document posted on Commerce Ministry website said. That reputed consultant - as we came to know - is Frost & Sullivan, US-based global consulting firm.

Frost & Sullivan won the bid to frame the white paper for the restructuring exercise. A Commerce Ministry official, speaking on condition of anonymity, says the idea is to review the performance of the DGFT at a time when the government is moving towards electronic enablement and ease of doing business. “Reorganising the human resources of the Commerce Ministry is also part of the review. We are also reviewing the role of our plantation and procurement wings,” the official adds.

The study by Frost & Sullivan also looked into the adequacy of FTP 2015-2020, shepherded by DGFT, in its current form in meeting the policy and regulatory objectives of increasing exports of goods and services from India and explore alternative mechanisms of transferring incentives directly through a Direct Transfer Scheme. “We have conducted an in-depth analysis of the scope and nature of the functions and operational tasks undertaken by DGFT,” explains Mani James Nayagam, Vice President – Public Sector & Government Practice, Frost & Sullivan while adding that “in light of the key underlying policy objectives and regulatory concerns, we also had to ascertain the relevance of these activities in terms of their content and execution modalities.”

According to Frost & Sullivan, India certainly needs a vibrant organisation to promote the country's trade interests and the way forward is a mix of restructuring and reform guided by taking cues from the best global practices.

Existential Crisis?

The Commerce Ministry also wanted the consultant to study whether an organisation like DGFT, which facilitates formulation of FTP, is also the right authority to implement the export promotion schemes of FTP. The study (as yet not published) is expected to suggest ways to reform these arrangements and prepare a road map for transition. The terms of reference for the consultant includes “the issue of whether an organisation like DGFT is required by India in view of the above analysis to fulfil the optimal prudent policy and regulatory goals and objectives related to trade facilitation.”

Dr. Biswajit Dhar, Faculty at School of Social Sciences, Jawaharlal Nehru University and Non-official Member of Board of Trade (BoT), Ministry of Commerce, GoI, says that such reviews should be done on a regular basis, while insisting that it should have been conducted through inter-ministerial consultation rather than hiring an external agency. “DGFT still does substantial work on trade policy front. I hope that they do not throw out the baby with the bath water,” Dhar adds.

Prof. Dhar says a model that the Commerce Ministry could look at is the one followed by the US government, where the US Trade Representative negotiates bilateral and multilateral trade deals while the US International Trade Commission examines the impact of imports on US industries and directs actions against unfair trade practices.

Restructuring DGFT – Is that a necessity?Ujwal R. Lahoti, Chairman, The Cotton Textiles Export Promotion Council of India (TEXPROCIL), holds a similar view. "The DGFT is quite helpful and we work closely with each other. But on a second thought, DGFT can have two different wings – one concerning exports and the other taking care of imports. This way, the department can focus more on both. As far as we are concerned, cotton textile exports won't see a noticeable growth in FY2017, but it will not be negative. We have already submitted our suggestions to DGFT. But I must tell you that our suggestions are concerning infrastructure and some areas which are not looked after, such as interest equalisation scheme for yarns for merchant exporters (earlier called Interest Subvention Scheme), and not for restructuring."

Satish W. Wagh, Chairman of Basic Chemicals, Cosmetics & Dyes Export Promotion Council popularly known as CHEMEXCIL, though is not entirely enamoured with the performance of the foreign trade regulator. “DGFT has been quiet for the last few months and I think I know the reason. There are lots of products for which Standard Input Output Norms (SION) fixation is yet to be done to our satisfaction. Unfortunately, despite the guideline given in the manual, this is taking a lot of time because the office does not have the manpower. This is frustrating the exporters,” says Wagh. He even goes on to mention that, “Today we are in e-business, which means everything has to be done on priority without any restrictions. But there is no sense of e-governance in any of these offices. DGFT has been paralysed for the last one year. Perhaps the senior management is prompt, but the concerned officers have to act too.”

"DGFT needs to focus on trade promotion & ease of doing business"

 

Best of Breed

So, what are these best practices that can change the way the DGFT functions, and where do we find them? The countries that come to mind for their exemplary trade promotion are as varied as Japan, Chile, China and Brazil.

Japan External Trade Organisation or JETRO, as it is better known, has been a trailblazer when it comes to promoting trade and investments. JETRO is an independent body organised and managed by the Ministry of Economy, Trade and Industry (METI), a wing of the Japanese Government that focuses on economic and industrial development through innovation, technology and foreign investments. While JETRO’s initial focus was to promote exports from Japan (as Japanese companies built global brands and created a niche for themselves in international marketplace), its focus shifted towards drawing investments into Japan in the 21st century. As of April 2016, JETRO had 74 offices in 55 countries to promote foreign trade. And since imports and investments are equally important to Japan as is exports (besides promoting 'Brand Japan' through exhibitions and networking events abroad), JETRO offers foreign companies services like business partner matching and rent-free work spaces to start their businesses in Japan.
The case is similar with China, the other great foreign trade success story from Asia. Since its inception, China Council for Promotion of International Trade (CCPIT) has established business relations with chambers of commerce and industry, trade promotion organisations, foreign trade associations and companies in more than 180 countries. Today, it has more than a dozen industrial sub-councils, several hundred branches throughout the country, and overseas representative offices all over the world. Through this nationwide and worldwide network, and with the help of technology, communication, exhibitions, publicity, consulting and legal services, CCPIT promotes trade from and to China. Well, the difference between India and China is that our Chinese counterparts do not just frame policies to incentivise foreign trade, they also help, rather handhold companies, regardless of their sizes to get a foothold across foreign markets.

On the other side of the world, ProChile, the foreign trade promotion arm of the Chile’s Ministry of Foreign Affairs, has also shown some wonderful results. In addition to a website targeting international audience, ProChile has an internal website for homegrown exporters. This site provides an integrated interface for services to exporters, along with a calendar of events, news, and a variety of studies and reports that help exporters market their products better. ProChile also operates a service that provides information on exported products and services and their destinations over the phone. Successful trade promotion efforts are recognised by posting success stories on the internal website, and by placing stories in magazines published by industry associations to inspire fledgling exporters. ProChile even helps exporters with skills development, a programme that goes far beyond the Niryat Bandhu scheme run by the DGFT. The programme has two components – Interpac and Interpyme.

While Interpac is designed for SMEs in agricultural sector, Interpyme caters to SMEs in industrial sectors. Both programmes include training modules on production capabilities, market research, logistics, marketing plans, banking, international law, searching for partners, and the entire export process. Participants complete one module at a time, and when they have completed the full programme they become eligible for ProChile co-financing programmes. What's more? ProChile also covers up to 90% of the cost of training, provided that participants have an exportable product for which there is international demand.

"DGFT, on its own, cannot be expected to boost exports"

 

These are just a few examples. In fact, many countries are currently re-thinking their trade promotion strategies, including Germany, Brazil and UK. And it is not to say that our DGFT has not been coming up with policies and processes to help our exporters. Latest data indicates that India’s exports is finally recovering. February 2017 was the sixth consecutive month when India's merchandise exports registered a positive growth. Despite weak global demand, India’s overall trade figures also look good. And these numbers are supported by strong net foreign exchange earnings by IT-led services export sector. During this period, the government kept a watch and intervened frequently to improve export performance through initiatives targeted at improving export competitiveness: both short and long term. However, evidently, all this is not enough to reach the ambitious target of $900 billion set by FTP 2015-2020, or even the revised target of $750 billion, by FY2020.

Focus on Growth

So, how can DGFT help our exporters more efficiently? Obviously there are many measures that can be taken, but we sure cannot expect the DGFT alone to boost exports and foreign trade. There is a need to take a broad contextual view of the situation. Many countries across the globe have recently turned protectionists, introducing measures to discourage imports from other countries. Since the economic crisis of 2008, G20 countries, the doyens of free markets, have imposed many tariff and non-tariff barriers to safeguard domestic producers. To safeguard India’s interests, the government has to actively engage, through its many arms, with many countries and institutions to ensure best possible market access for Indian products.

Indian Trade Missions abroad too need to engage more actively with Indian exporters, foreign buyers and investors in coordination with the DGFT. While there have been efforts to promote India as a brand, that effort has been more successful in promoting India’s culture rather than its business. And while the two are not entirely unrelated, it requires a greater and sustained effort to promote business. Though the Council for Trade Development and Promotion has been created for making states active partners in boosting India’s exports, there is still a lack of coherence and enthusiasm in terms of policies when it comes to states. The Regional Authorities of the DGFT we understand have been working with the states, but there remains much more to be done. While Board of Trade (BoT) is mandated to engage with leaders of industry on a regular basis to promote India’s trade interests, the fact of the matter is that BoT itself meets rarely.

Restructuring DGFT – Is that a necessity?And then there is the matter of a multitude of agencies involved in trade promotion. The various boards and export promotion councils (EPCs), which comes under the purview of DGFT, promote their sectoral products through exhibitions and trade fairs, and so do bodies like CII, FICCI and ASSOCHAM. This is all good, but what is lacking is coherence and size. And size does matter when it comes to promotions. When promoting business in a country, big bang events are as important as are smaller outreach programmes. And this is where trade promotion bodies like JETRO and CCPIT have had an edge over DGFT.

If a restructured DGFT concentrates more on promotion and lets automation and technology take care of most of the regulatory issues, the country will have an organisation that can match a JETRO or Department of International Trade of UK. And revamping a body like DGFT is not without precedent. UK has just restructured its trade body to align it with the realities of Brexit. JETRO's mandate and priorities have undergone multiple changes over the years as have CCPIT's. Fact is, that in a world that is changing fast, it is important for regulatory bodies to reinvent themselves. So, what should the restructured DGFT focus on? While policies and incentives are important for boosting exports, DGFT needs to transform itself from being a formulator and regulator of foreign trade policies to a mentor and facilitator for exporters. Indian exporters crave for warmth. Especially from within India's governmental walls. It needs to automate regulatory duties and make all processes transparent.

"UK restructured its trade body to align it with realities of Brexit"

 

Once that is achieved the important tasks for DGFT would be to educate exporters, be a match-maker between buyers and sellers, and to promote not only 'Incredible India' and 'Make in India' but also products and services that the country has to offer.

“DGFT needs to be recast to be proactive”

Restructuring DGFT – Is that a necessity?

Prof. Biswajit Dhar, PROFESSOR, SCHOOL OF SOCIAL SCIENCES,

JNU & NON-OFFICIAL MEMBER, BOARD OF TRADE

 

TDB: Do you think the Directorate General of Foreign Trade (DGFT) really needs a restructuring?

Prof. Biswajit Dhar (BD): In my view, the government lacks an institution that can provide a platform for interacting with trade and industry on a regular basis in order to understand their needs. The DGFT can be recast to be this institution. At present, the only formal forum for government-business interaction is the Board of Trade (BoT). However, this forum too meets only occasionally – the last meeting of BoT was held in April 2016. Besides, I feel that DGFT can also play the role of a trade promotion organisation that helps our exporters, in particular the MSMEs.

TDB: Is there a particular global trade facilitation agency or body that you think has been extremely successful. And what characteristic can DGFT emulate from that global agency?

BD: Some ASEAN countries have trade promotion organisations that do the jobs I have mentioned before. There are a number of successful institutions that can be looked at as a possible model.

TDB: What can DGFT do to be more trade friendly?

BD: My view is that the DGFT needs to be recast. It has to be more proactive, and it can be so if the government decides to turn it around.

TDB: Do you think the objectives of FTP 2015-2020 has been met?

BD: The numbers suggest that we need to go some distance.

TDB: India’s revenue from exports in FY2016 was $262.29 billion, which is 15.48% down from FY2015. What are the other factors that contributed to this de-growth?

BD: Indian manufacturing sector needs to respond to the challenges of the global marketplace. The government was aware of the weaknesses of the manufacturing sector and what followed was 'Make in India'. However, this initiative is yet to make a mark.

TDB: Union Budget 2017 has been considerate towards MSMEs by offering lower tax rates. Do you think it’s enough to boost exports from them?

BD: MSMEs need much more than just lower taxes. I have been arguing that this sector urgently needs a dedicated source of credit at lower interest rates, something akin to what the agricultural sector gets. Many decades back, India had “development banks”, but these institutions have been given a short shrift. The present government has to think seriously about getting a proper development bank in place.

 

  

“DGFT cannot be singularly held responsible for increasing exports”

Restructuring DGFT – Is that a necessity?

 D. K. Sareen, EXECUTIVE DIRECTOR

ELECTRONICS AND COMPUTER SOFTWARE EXPORT PROMOTION COUNCIL (ESC INDIA)

TDB: The Commerce Ministry is currently studying a report submitted by Frost & Sullivan for revamping Directorate General of Foreign Trade. What’s your opinion on the move? 

D. K. Sareen (DKS): Exports is a function of many factors, most importantly the performance of world trade, and should not be seen in isolation. The volume of global trade has shrunk since the financial meltdown in 2008 and it still refuses to pick speed. Chinese exports, which had entered all geographies, rewriting the conventional economic theories, are also slowing down. So is the case with many developed countries, which have put a lot of thrust on exports to grow their economy. In India, our share of international trade to GDP is not very high. So, the slowing down of the world trade has not affected us as much.

As said, export numbers are influenced by factors such as incentives, transaction cost, fiscal regime, monetary policy, etc. For instance, it is estimated that India suffers a competitive disadvantage of 15% or so in export competitiveness because of its choked infrastructure, higher interest rates, delays at ports, etc. (I am mostly referring to merchandise exports). So, while framing a proactive export policy, the government should critically study factors that are holding back our exports. I am of the opinion that such scientific studies will not only give insights into the ground realities but will also help us in crafting a forward-looking export policy.

TDB: Experts have said that revamping the office is important against the backdrop of changing global trade scenario and implementation of GST. What is your take?

DKS: Most people agree that GST, when rolled out, is going to be a game changer. Yet, in its wake, it will have to address some issues that remain in the grey area. Let us take the example of remission schemes like duty drawback, incentives given to units in the SEZs, etc. There are media reports that have raised questions on the future of duty drawback and other incentives in the GST regime. As far as my knowledge goes, these incentives will be retained as is, but policymakers have to study the impact of these incentives in the context of GST.

TDB: What would ESC India wish to recommend for the proposed revamping exercise?

DKS: The government should look at offering more incentives which are compatible with the WTO regime. We would like to have a foolproof system to capture the depth and intensity of the IT & ITeS exports from the country.

Also the data that is available on exports in the public domain differ from agency to agency. For instance, Reserve Bank of India estimates, which come with a lag of a year or so, are different from the industry estimates. There are varying methodologies for computation and there is need to sit together and arrive at a methodology that we can all agree on so that there is no confusion regarding the actual export numbers.
ESC India can take a lead in this and can act as a nodal point for collating information from our member companies and others, provided the government backs us. Also, against the backdrop of protectionist trends voiced from a number of countries, particularly relating to the ICT sector, we have to have a clearer idea about the technology platforms that we are working on in the ICT sector. My sense is that almost all the technology platforms are imported from countries like US, UK, etc. This data will help us prove that while India gains from exporting services (including IT & ITeS) to developed markets, these countries too gain from exporting technology platforms into India, which results in a significant income for them.

TDB: Do you think India is capable of meeting the export target mentioned in FTP 2015-2020?

DKS: Targets have to be seen as our intent to reach. No matter whether we achieve that or not, we have to chase the target. I must also put on record that in certain years, we overshot the targets convincingly proving that exports is a function of various external and internal factors. Exports should become our national priority. And, it should become an integral duty of every industry to explore export opportunities on a sustained basis. The MSME sector should be provided with some additional sops in this regard.

TDB: Can an autonomous DGFT help enhance exports?

DKS: Again, I must reiterate that no one organisation or body is singularly responsible for exports. Exports get influenced by various factors. But I must assert that as a country, we have to focus more on exports and built it into our policy framework as was done by China and some developed countries in Europe.

 

 

“DGFT needs to transform itself into a trade promotion body”

Restructuring DGFT – Is that a necessity?

Mani James Nayagam, VICE PRESIDENT – PUBLIC SECTOR AND GOVERNMENT PRACTICE

FROST & SULLIVAN
 

 

DB: Do you think DGFT really needs to go through a structural change? Is there a particular global trade facilitation agency that it can emulate? 

Mani James Nayagam (MJN): This is one of the focus areas of our study. We have looked at Japan, South Korea, Malaysia, South Africa, Brazil, and to a large extent at US. So, it's a mix of both developed and developing countries. And we have also looked at China because of obvious reasons. The first thing that came up after looking at all these countries is that they have a specific trade promotion agency, unlike India that has many such bodies. They do not have 28 export promotion councils (EPCs) like in India and their trade bodies do not enjoy the kind of power EPCs enjoy here. What is also important to note here is that their trade promotion bodies are all independent and not driven by government agendas directly. While I was in Africa, I have worked with Japan External Trade Organisation (JETRO) and you will be surprised to know that they are more like a corporate body than a government agency. They create opportunities for Japanese companies. They identify opportunities and go back to their government and share details of opportunities available in a particular country. And this is what we must do – create a team India and work towards identifying and tapping opportunities.

In India, EPCs try to play the role of trade promotion bodies, but their context is limited. Board of Trade and a multitude of organisations also do trade promotion. And to add up to the confusion, so do CII and FICCI. I think from EPCs point of view, it’s quite frustrating because everybody is doing the same thing. And, there is no cohesiveness in what they do. The message that goes out has to be cohesive and consistent. There has to be a single body that is responsible and accountable for trade promotion.

TDB: DGFT has been accused, at times, of not being in sync with the market realities and rather slow to react to the changing trends. What in your opinion can DGFT do to address the needs of the foreign trade community?

MJN: Well, this is a part of our set of recommendations to Commerce Ministry. We tried to put forth that 50% of DGFT’s workforce knows what they’re doing and they’re quite knowledgeable too. But, the other 50% should understand that the role of DGFT has changed over the years, from that of a regulator to a trade facilitator. When the DGFT was established in 1990s, they were more of a regulator. I think, some of the DGFT employees are still stuck in the 1990s.

The era has come when the government has to say, ‘hey, hang on a second, you can’t be regulator anymore, you have to be a promoter.’ This change has already taken place in countries like Japan, US and UK – just to give a few examples.
Also, you just cannot have 45 different organisations representing India. There is a brand India, right? We have EPCs that were established to work for their own benefit, and I am not convinced that they keep the larger picture of 'Brand India' in mind. They do only what best suits their sector. Hence, we should look at a single entity that is responsible for trade promotion. We cannot have a situation where half the work goes to DGFT, the other half to EPCs or Customs.

DGFT shouldn’t be an organisation that just provides inputs for policy making. It should rather play an active role in ensuring dialogue between the Ministry of Commerce and exporters.

The battle for exports will not be played in India, but in 195 countries with which we trade. And that is what we need to keep in mind. There is a need to build 'Brand India'. We don’t have really have one. I think it’s time we get the foreign trade community (both regulators and exporters) to rally behind DGFT, which becomes a single face of the Indian trade fraternity. They should go out to promote our products and services, create market opportunities, create demand, ensure smooth facilitation, so that Indian trade can really take off.

When a country or a foreign entity wants to procure products or services, they are going to look around for best options. They don’t have to necessarily buy from India. They can and will go where they get the best value, be it Malaysia, Japan, South Korea or Vietnam. And given all kind of complexities that we have, I don’t know if Indian companies will be more cost effective going forward. So, rather than trying to get orders based on price we need to get orders based on quality and brand. This is where the DGFT has a big role to play. I believe that DGFT has come to a stage where it has to transform itself to an organisation that facilitates as well as promotes foreign trade.

TDB: What is your take on the Foreign Trade Policy 2015-2020?

MJN: It is good to see that India is trying to become a major player in global trade. The government has introduced export promotion schemes for specific goods and services for specific markets, and the government is also looking at ways to accelerate these schemes, which is a positive sign. However, these are the small steps. I must mention though that for the first time the government has realised that they have to look at the ways they support the trade community, without which there isn’t going to be much change. So, I would say that there has been a subtle change in the policy. However, I must tell you that FTP 2015-2020 is not a forward-looking policy.

TDB: With FTP undergoing a mid-term review, expectations from it are on the rise. What do you think the DGFT must bear in mind while reviewing the policy to give a boost to exports?

MJN: I think there are three broad areas the DGFT must keep in mind – the reward schemes (MEIS and SEIS), the EPCG Scheme and the Advance Authorisation Scheme. I think there are too many reward programmes as of now and there is a need to simplify and consolidate these schemes. Scrips under these programmes have conditions attached and DGFT needs to look into that. Also, we believe there should be a higher level of incentives under MEIS for products with high domestic content and value addition. I think incentives under Chapter-3 of the FTP must also be extended to SEZ units.

Under Export Promotion Capital Goods (EPCG) Scheme, we must look at giving higher flexibility to exporters to augment their production capacity for both domestic and international consumption. I think the EPCG Scheme should be given priority in alignment with ‘Make in India’ initiative, particularly around the areas of defence and high-tech products.

As far as Advanced Authorisation Scheme is concerned, the time has come to automate the system. I think DGFT must adapt to digital technologies. It should try digitising all data and documents and do away with manual intervention and mandatory checking of documents. There are huge mismatches between the ground reality and online status. There have been instances of an IEC holder receiving a hard copy of the cancellation letter even when the code is still active in the system. All this needs to change.