The Foreign Trade(Development and Regulation) Act 1992 stipulates that every exporter or importer of goods and services must apply for and obtain an Importer-Exporter Number(IEC Number).  The application for obtaining this number needs to be made under section seven of this act to the Director General. Under this act an importer is anyone who brings in goods or services into the country and an exporter is one who sends out goods and services via land, sea or air. However, the term “goods” is not defined in the act itself and the meaning is derived from the dictionary meaning of the word or from the Import-Export regulation act of 1947 which preceded the current act. As per this act “goods” is defined as any “article, animal, substance or property whatsoever”.

There has been a lot of controversy whether sending of digital material over the Internet would qualify as “goods” or “services” and whether the process of transmitting the information over the Internet falls within the ambit of sending out of India goods or services “by land, sea or air”.  Since the issue was unclear, freelancers were not asked to apply and obtain the IEC number under section 7.

However, there was a move to include services into the ambit of the act from time to time. Objections from the Finance Ministry kept the amendment at bay for some time.  The Standing Committee on Commerce made suggestions on Foreign Trade (Development and Regulation) Amendment Bill, 2009 which included a suggestion to bring “Techonology” and “services” including “financial services” under the ambit of the act.  The bill was  submitted on the 25th of November 2009 to effect the following amendments.

2(a) (ii) Supplying Service or Technology from the territory of India to another country; from India to a service consumer in another country; by a service supplier in India through a commercial presence in another country; through a service supplier in India, through Indian naturals in the territory of another country.

Elaborate definitions of service and technology have also been included in the act. You can get more information at http://164.100.47.5/newcommittee/press_release/bill/Committee%20on%20Commerce/Foreign%20Trade%20%28Development%20and%20Regulation%29%20Bill,%2020090001.pdf .  The net result of this amendment would be that all freelancers who supply software or other kinds of services to consumers abroad must apply for and obtain a IEC number.

I am unable to ascertain whether the bill has been passed or is still pending. If it has been passed, freelancers should get ready to apply for the IEC number! Stay tuned in for more information!