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INTRODUCTION
In a global marketplace where product safety, consumer rights and regulatory compliance are paramount, foreign manufacturers seeking access to the Indian market must contend with robust standards. The Foreign Manufacturers Certification Scheme (“FMCS”) of the Bureau of Indian Standards is one such standard that determines whether manufactured goods made in foreign jurisdictions may bear the BIS Standard Mark and be brought into India lawfully.
FMCS is not merely a regulatory requirement; rather it is a strategic touchstone for global companies. Compliance under FMCS confers legitimacy, operational certainty, and legal safety in dealings involving India’s regulatory framework. Hence, an informed and pragmatic understanding of FMCS is critical to balancing compliance obligations with commercial objectives in the Indian market.
BUREAU OF INDIAN STANDARDS
The Bureau of Indian Standards (“BIS”) is India’s national standards body, established under BIS Act, 2016. Functioning under the aegis of Department of Consumer Affairs under Ministry of Consumer Affairs, Food, and Public Distribution, BIS plays a pivotal role in safeguarding quality, safety and reliability across goods and services in India.
Its mandate extends beyond formulating Indian Standards; it is also the authority for conformity assessment, product certification, hallmarking, laboratory recognition, and consumer protection initiatives. Through its certification schemes like FMCS, CRS and Scheme X under Machinery and Electrical Equipment Safety (Omnibus Technical Regulation) Order, 2024, BIS ensures that both domestic and imported products meet rigorous and safety benchmarks.
THE FOREIGN MANUFACTURERS CERTIFICATION SCHEME
FMCS is a scheme through which foreign manufacturers obtain BIS Certification for goods exported to India, enabling use of Standard Mark. The scheme ensures that foreign goods meet Indian safety, quality and conformity standards prior to import. FMCS acts as a quality assurance filter for products manufactured abroad.
The BIS operates both voluntary and mandatory certification regimes. Voluntary certification applies to products that are not yet covered by a Quality Control Order (“QCO”), which is issued by concerned ministries under Government of India. In such cases, manufactures may still choose to obtain BIS license and use the ISI Mark as a mark of quality and assurance.
By contrast, mandatory certification applies to all products notified under QCOs. Once notified, certification under the relevant BIS scheme becomes a legal prerequisite for import, distribution, and sale in India.
As of March 2025, the Government of India has issued 187 QCOs, covering 769 product categories, including cement, steel bars, pipes, pressure cookers, gas stoves, electric water heaters, kitchen appliances, cookware, LED lights, helmets, goggles, infant food, packaged drinking water and mineral water (IS 14543/IS 13428) etc.
Scope of FMCS
The scope of FMCS is intentionally broad, covering almost all manufactured goods. The only carve-out relates to electronics and IT products, which are separately regulated under the Compulsory Registration Scheme (“CRS”) of the Ministry of Electronics and IT (“MeitY”)[1].
Exempted products include laptops, tablets, mobile phones, LED luminaires, televisions, UPS Systems, CCTV equipment, power banks, and solar photovoltaic modules, among others.
Grant of License[2]
The application procedure is a critical step in authorizing foreign manufactured products to carry the BIS Standard Mark for sale or import into India. The application procedure goes as prescribed below:
Application Submission – When an applicant, who necessarily have to be the foreign manufacturer, submits a complete application with the requisite fees[3] of INR 1000, as prescribed, the BIS records the same for scrutiny.
Scrutiny and Clarification – BIS conducts a detailed review of the submitted documents. If there are deficiencies, the same are communicated via email, and the applicant is required to respond satisfactorily.
Factory Verification and Sample Drawal – A site visit to the foreign manufacturing premises is conducted by the BIS Inspectors to inspect manufacturing units and testing capabilities. Inspectors shall draw sample(s) that will go independent testing. It is pertinent to note that samples for grant and subsequent operation of license shall be tested at BIS or BIS recognized labs[4]. The applicant is responsible for the safe deposit of samples and for remittance any testing charges.
Independent Testing and Inspection Report – The license will be processed for grant of license only after satisfactory inspection report.
Fee, Marking Fee, and Outstanding Dues – Prior to grant of license, the applicant must pay the license fee, the advance minimum marking fee, and clear any other outstanding dues.
Legal Undertaking and Financial Security – The foreign manufacturer must execute necessary documentation including an Agreement and an Indemnity Bond. Additionally, a performance bank guarantee of USD 10,000 from a bank with a branch in India approved by Reserve Bank of India is required immediately after grant of license.
The average period for grant of license under FMCS is approximately six months, counting from the date the application is formally recorded. The license under FMCS is granted initially for a minimum of one year and up-to two years. Renewal is possible for up-to five years[5].
AUTHORIZED INDIAN REPRESENTATIVE
A distinctive feature of the FMCS is the requirement that every applicant shall nominate an Authorized Indian Representative (“AIR”)[6] in Form VI of Scheme I. The AIR acts as the local point of accountability and is legally responsible for ensuring compliance with the BIS Act, 2016, the rules and regulations framed thereunder, and the terms of the certification license.
An AIR shall be an Indian resident and appointed in following manner[7]:
(A) In-charge or a senior officer of the liaison office/subsidiary firm/branch office in India. If is not possible, then option (B) below.
(B) Proprietor/ Registered user/ subsidiary firm / branch office/ liaison office of the Brand/Trade mark appearing on the article. If (B) is not possible, then option (C) below.
(C) Major importer/distributor/entity having marketing tie up with the brand owner and / or the manufacturer. If (C) is not possible, then option (D) below.
(D) A legally appointed agent of the manufacturer in India.
To maintain accountability and integrity:
- AIR(s) shall not have any conflict of interest with respect to their role as AIR with Product Compliance Reporting.
- AIR(s) shall be at least graduate by qualification and shall understand the provisions of BIS Act, 2016 and rules, regulations framed thereunder and the implications thereof.
- AIR(s) shall declare his/her consent to be responsible for compliance of the BIS Act, Rules, Regulations and Terms & Conditions as laid down in BIS certification, Agreement, Undertaking executed by or on behalf of the foreign manufacturer in connection with grant and operation of certification
- The name of AIR(s) is endorsed in the certification document
- In case of change of AIR and/or his/her address, the foreign manufacturer shall be required to inform BIS well in advance with the required documents
Responsibilities of AIR
- AIR shall ensure compliance of terms and conditions of the agreement signed by them, provisions of the Bureau of Indian Standards Act, 2016 and Rules, Regulations framed thereunder and the applicable Indian laws.
- The Bureau may ask AIR as an authorized representative to appear before it for representation as and when required.
- AIR shall not engage in any unethical practices such as communicating with laboratory with regard to testing of samples (except for deposition of sample and payment of testing charges), tampering of documents, misrepresentation of facts etc.
- AIR shall maintain confidentiality of all the information.
- AIR shall facilitate and ensure drawl of market samples from the consignments being imported to India under BIS certification
In case of non-cooperation of AIR, actions will be initiated as per the BIS (Conformity Assessment) Regulations, 2018 which may include suspension/cancellation of certification[8], compensation to consumers[9]. The Manufacturer or his representative can be held personally liable for non-compliance of BIS Act 2016, rules and regulations framed thereunder.
The coveted BIS Standard Mark is a powerful symbol of quality and safety in the Indian consumer’s mind. It directly enhances brand credibility and provides a distinct competitive advantage in a crowded place. This certification not only facilitates direct to consumer sales but also opens the door to lucrative public procurement contracts, a significant channel for business growth in India. Importers and distributors, keen to avoid regulatory liabilities and operational disruptions, often prioritize certified products.
The Gauntlet of Entry
Despite these clear advantages, the path to certification is a demanding one. The process is notoriously resource intensive, imposing substantial costs and administrative burden. For small and medium-sized enterprises, in particular, the financial outlay for adapting production process, conducting inspections, and maintaining ongoing compliance can be a significant barrier to entry. Apart from this, manufacturers must meticulously align their production methods and quality control systems with detailed Indian standards; this involves extensive documentation, continuous record-keeping, possible site-inspections. These administrative demands can disrupt routine operations and lead to protracted delays.
CONCLUSION
The Foreign Manufacturers Certification Scheme is a critical framework for foreign manufacturers exporting goods to India. The Scheme ensures that foreign products meet India’s rigorous safety, quality, and conformity standards prior to import. While the application process is comprehensive involving a detailed review, onsite factory verification, and independent sample testing, the most distinctive requirement is the appointment of an Authorized Indian Representative (“AIR”). The AIR acts as the local point of accountability and is legally responsible for compliance with the BIS Act, 2016, and the terms of the certification license. Ultimately, the FMCS acts as a quality assurance filter and is a foundational step for ensuring a stable and legally safe commercial presence in the Indian market.
[1] https://www.bis.gov.in/fmcs/certification-process/products-under-fmcs/
[2] https://www.bis.gov.in/fmcs/certification-process/grant-of-licence/
[3] https://www.bis.gov.in/wp-content/uploads/2021/06/LIST-OF-FEE-3.pdf
[4] https://www.bis.gov.in/fmcs/fmcs-laboratories/
[5] https://www.bis.gov.in/fmcs/renewal-of-licence/
[6] https://www.bis.gov.in/fmcs/certification-process/nomination-of-air/
[7] https://www.heavyindustries.gov.in/sites/default/files/2025-08/guidelines_for_grant_of_certification.pdf
[8] https://bis.gov.in/PDF/cart/GoLGuidelines_23082018.pdf
[9] https://bis.gov.in/wp-content/uploads/2020/12/BIS-Act-2016-Bilingual.pdf (Section 31, pg 14)
Authored by Ms. Jyotsna Chaturvedi, Head – Corporate Practice and Ms. Navya Saxena, Associate.