The Indian government has announced that foreign e-commerce retailers, such as Amazon and Flipkart (owned by Walmart), will be required to establish separate legal entities in the country for exporting Indian goods produced under a warehousing model.
The Directorate General of Foreign Trade (DGFT) published the relevant structure after the Department of Industry last month permitted 100 percent Foreign Direct Investment (FDI) into inventory-based retail e-commerce structures for exporting domestically manufactured goods, via a Note to Press Release No. 3 Series 2026.
Note to Press Release No. 3 pertains to FDI from countries sharing a land border with India.
Requirements for the new export system
Under the new regulation, the e-commerce firm must register this separate legal entity with the DGFT as an Exporter-on-Record (EOR) with an Importer-Exporter Code (IEC) and GST registration. Indian suppliers will be termed Seller-on-Record (SORs) and must have mandatory GST registration, supplying exclusively goods of Indian origin.
An Amazon representative welcomed the change, noting that the policy will provide clarity on exports through the warehousing model, thereby supporting the company's efforts to export $80 billion worth of goods by 2030.
They added that 'this policy clarity strengthens our vision to help Indian enterprises reach global customers. It is important to note that this initiative enables second and third-tier manufacturers to enter the global market and establish the 'Made in India' brand globally. We aim to support India's export ambitions by working towards our cumulative target of $80 billion by 2030—which reflects confidence in India's manufacturing capabilities.'
Under this directive, e-commerce firms can only procure goods after receiving confirmed orders, rather than simply stocking them in anticipation of demand. Exported goods must be stored separately, with digital links to the seller, the overseas order, and export documentation.
Rights and obligations of the EOR
The EOR has the right to claim export benefits and is obligated to share them with sellers. This does not apply to pre-approval benefits and capital goods for export promotion. According to the directive, the EOR will also retain GST reimbursements.
The DGFT specified that the EOR will manage all reverse logistics for returned or rejected batches and under no circumstances can sell or supply these goods to the domestic market, 'whether directly or through any other person or organization.'
The notification states that the e-commerce structure is responsible for maintaining records related to procurement from the domestic seller, inventory status, and linkage to export documentation.
The e-commerce exporter can also utilize the infrastructure of notified E-commerce Export Hubs (ECEH)—designated physical zones to optimize and accelerate cross-border e-commerce trade—for its operations.
Expert opinions
Ajay Srivastava, founder of the Global Trade Research Initiative analytical center, noted that the new policy is generally similar to the existing DGFT export house model, where small firms supply goods to export houses for sale abroad. He added: 'E-commerce firms could already use this scheme, so the change in FDI policy might not have been necessary.'
Spencer Cohen, principal specialist and founder of High Peak Strategy LLC, stated that China's export growth demonstrated how e-commerce platforms can act as powerful channels between small producers and global consumers, providing logistics, market intelligence, payments, and distribution opportunities that individual firms often cannot create independently.
He concluded: 'India is now moving in a similar direction, where it has the potential to overtake China. By enabling the export of 'Made in India' goods under a warehousing model, this reform can help thousands of small and medium-sized manufacturers overcome fixed costs and the complexity of entering foreign markets. This represents an important step toward expanding India's exporter base and transforming the strength of its manufacturing clusters into sustainable global export growth.'


