DGFT Seeks Stakeholder
Feedback on Draft Digital Trade Facilitation Bill, 2026 to Enable Paperless and
Trusted Cross-Border Trade
·
Issuing Authority:
Directorate General of Foreign Trade (DGFT), Ministry of Commerce &
Industry, issued Trade
Notice No. 24/2025–26 dated February 9, 2026.
·
Purpose of the Notice:
To invite comments,
suggestions and feedback from exporters, industry bodies,
academia, legal experts and other stakeholders on the draft Digital Trade Facilitation Bill, 2026.
·
Policy Background:
The Bill follows the Union
Budget 2025–26 announcement on implementing BharatTradeNet as
a Digital Public Infrastructure (DPI) for trade.
·
Need for New Legislation:
Existing laws do not fully recognise:
o Electronic trade
documents
o Cross-border digital
trust services
This limits interoperability with global digital trade systems.
·
Core Objective of the Bill:
To provide statutory
recognition, validity and enforceability to electronic trade
documents and digital trust services.
·
Key Features of the Draft Bill:
o Legal recognition of electronic trade documents
equivalent to paper documents
o Framework for digital identity management
and trust services
o Enable secure, tamper-proof and auditable
electronic trade records
o Facilitate cross-border recognition
of electronic documents and trust services
·
Electronic Trade Documents:
o Cannot be denied legal
validity solely because they are in electronic form
o Must meet standards for
authenticity, integrity, control and auditability
o Allow electronic
possession, endorsement, transfer and amendment
·
Identity Management & Trust Services:
o Legal recognition of
electronic identification, digital signatures, seals, timestamps, archiving and
registered electronic delivery
o Reliability assessed
based on international standards and assurance levels
o Service providers
subject to defined obligations and liabilities
·
Cross-Border Recognition:
o Electronic trade
documents and trust services issued outside India will be recognised if they
offer equivalent or higher reliability
o Government may
recognise foreign digital trade frameworks via notifications or international
agreements
·
Evidentiary Value:
o Electronic trade
documents admissible as evidence under Bhartiya
Sakshya Adhiniyam, 2023
o Presumption of
authenticity unless proven otherwise
·
Amendments Proposed to Existing Laws:
o Information Technology
Act, 2000
o Negotiable Instruments
Act, 1881 (to recognise electronic promissory notes, bills, cheques)
o Indian Stamp Act, 1899 (to include electronic
trade documents)
·
Stakeholder Consultation:
o Draft Bill attached as
an Annexure
to the Trade Notice
o Feedback to be
submitted within 30 days
of issuance
·
Submission Details:
o Email: tradefinance-dgft@gov.in
·
Overall Significance:
The Bill aims to modernise India’s trade ecosystem by enabling paperless trade,
improving ease of doing
business, strengthening digital
trust, and aligning India with global best practices in digital trade facilitation.