Foreign-owned e-commerce can now own inventory in India, as long as every unit leaves the country
On September 2, the Department of Economic Affairs amended the FEMA non-debt instrument rules to let e-commerce entities with foreign investment run an inventory-based model exclusively for exports. The notification, reported on September 4, gives legal effect to a policy decision announced in July. The ban on foreign-funded inventory e-commerce for Indian customers is unchanged.
The conditions are specific. Goods must be made or produced in India, exported under the Foreign Trade Policy 2023, and the proceeds realised and reported under FEMA export rules. Compliance is checked transaction by transaction.
Amazon and Flipkart have asked for the inventory model for a decade and been refused every time to protect kirana and domestic sellers. The government has now given it to them with one word attached: export. The platform becomes a buyer from small Indian factories and a shipper to the world, and the question is how long the export warehouse and the domestic warehouse stay separate buildings.
What changes on the ground: a platform can buy stock from an MSME, hold it in its own name, and sell it abroad through its own storefronts. The Indian manufacturer stops being a seller managing listings and becomes a supplier with a purchase order. For a small maker without an export licence or a foreign bank account, that is the whole barrier removed.
Who loses: the export aggregators and merchant exporters who sat between small factories and Amazon Global. Who is watching: domestic sellers, because the same warehouse, the same staff and the same software will now handle owned inventory a few metres from marketplace inventory, and enforcement rests on paperwork.