An Overview of the BIS Foreign Manufacturers Registration and Certification Scheme (FMCS)

With the advent of globalization and the liberalization of trade barriers in India, an increasing number of foreign products have started to make their way into the Indian subcontinent. The rapid growth of the Indian economy and the rising income of the Indian customers has led to the emergence of the Indian market as the most lucrative one across the globe. This has led to an exponential influx of foreign goods into India and with it fueled a growing rise for the health and safety concerns of the Indian customers.

To ensure that these products are safe for Indian consumers, the Bureau of Indian Standards, the nodal body responsible for the establishment and enforcement of national standards, rolled out the BIS Foreign Manufacturers Registration and Certification Scheme (FMCS), which is regulated by the Bureau of Indian Standards Act, 2016 and the Scheme I of Schedule II, Conformity (Assessment) Regulations, 2018.

What is the Foreign Manufacturers Certification Scheme?

The Foreign Manufacturers Certification Scheme is a special scheme introduced in India in 2000 under which all foreign manufacturers are mandatorily required to obtain the FMCS Certification, for the products to be sold in the Indian market. Once the products made by the foreign manufacturer conform with the Indian standards set by the BIS, it is granted the license to use the Standard Mark (ISI Mark) and sell its products in India.

The scheme applies to all the products as notified by BIS under the Compulsory Registration Scheme and BIS certification scheme (Scheme I) except electronics and IT goods, which can only be notified by the Ministry of Electronics and IT (MeitY) under the Compulsory Registration Scheme (CRS), 2012.

Is it Mandatory for Foreign Manufacturers to seek BIS Registration?

Yes, it is mandatory for foreign manufacturers to seek the BIS FMCS registration in order to be able to sell their products in the Indian market. This ensures that the products meet the BIS standards and are safe for use by the Indian customer at all times. If the foreign manufacturer fails to comply with the scheme, their products shall be liable to seizure and heavy penalties may be imposed upon them by BIS. So, it’s best for a Foreign Manufacturer to register itself under the FMC scheme, to ensure hassle-free business in the Indian markets.

Prerequisite for FMCS Registration

The following are the pre-requisites for manufacturers to register under the Foreign Manufacturers Registration and Certification Scheme –

• The factory premises must be located outside of India.
• The foreign manufacturer shall have a branch office in India and if does not have a branch office, it shall appoint an Indian Resident as the Authorized Indian Representative (AIR) to apply for the BIS certification process and resolve any queries that might arise in the process.
• The product standards should be in accordance with BIS Standards.
• On-site presence of manufacturing equipment, quality control personnel, and testing facilities.
• The applicant has to accept the conditions of factory inspection and testing in accordance with BIS guidelines.
• Accepting of terms and conditions of license as established by BIS.

BIS Registration And Certification Process for Foreign Manufacturers

The process for BIS Certification and Registration for foreign manufacturers under the FMC scheme involves the following steps –

• Filing and Verification – The first step is the filing of the application and the verification of the same by the concerned authorities at BIS. If there are any queries, the same has to be resolved by the applicant and once the application is completed, the acknowledgment number shall be allotted to the applicant.
• Site Visit – Once the application has been processed, the BIS officials will consult with the applicant to visit the factory premises for verification of the manufacturing process and collection of samples to be sent to an independent laboratory for testing.
• Payment of Charges – Thereafter, the applicant is required to pay the charges for the factory visit and sample testing charges for the application to be processed. If the product meets the required standards set for BIS Certification based on the factory visit and the test reports, the applicant will be allotted the certificate on a provisional basis.
• License Fees – Upon the provisional allotment of the license, the applicant is required to pay the license fee as per the IS of the concerned product. It is followed by an agreement entered between the applicant and the BIS which specifies the rights and responsibilities, termination clauses, indemnity, conditions for cancellations, and other terms and conditions of the license.
• Marking Fees – Finally, the applicant has to pay the minimum marking fees and the license shall be finally granted with an initial validity of 2 years which shall be renewable for up to 5 years thereafter.

Documents Required for FMCS Registration for Foreign Manufacturers

In an attempt to attract more foreign manufacturers, the Bureau of Indian Standards has simplified the number of documents required to register under the FMC scheme through the BIS online Application Portal to collect and maintain the records. The primary documents that are required by a foreign manufacturer to register under the FMCS scheme are as follows –

1. Documents for the registration of the Company or Factory.
2. A detailed flow chart indicating the manufacturing process of the product.
3. Information about the in-house manufacturing capability of the applicant and any agreement for outsourcing the manufacturing agreement, if applicable.
4. Adequate facilities for testing of the said product.
5. The quality control parameters established and the records thereof.
6. Requisite documents as per BIS such as accepting scheme of Annual Marking Fees, Testing and Inspection Fees, Laboratory Product Testing Reports, etc. The list of the said documents can be obtained from the BIS website.

Types of BIS Certification

Apart from the Foreign Manufacturers Certification Scheme (FMCS), the Bureau of Indian Standards^[1] provides various categories of BIS certifications under various schemes. They are as follows –

• ISI Mark Scheme Registration for Domestic Manufacturers: Manufacturers of all products that come under the purview of the compulsory BIS certification (Scheme I) have to mandatorily register with BIS. The manufacturer has to submit the BIS registration application through Form V along with other relevant documents to the authorized officer of the jurisdiction the manufacturer is located in.
  Thereafter, the manufacturer undergoes factory inspection and sample collection by the authorized officer. Once all the safety standards are met in accordance with the BIS certification through a verification process which usually takes about 4-6 months, the manufacturer is granted the said license.
• Simplified Registration for Domestic Manufacturers: To make the process simpler and more efficient, the BIS has introduced a simplified registration procedure for registration. The manufacturers of the products listed under the simplified procedure have to mandatorily apply through the simplified process and the BIS license is granted within 30 days from the date of application.
  In this process, the manufacturer has to submit the application along with the relevant documents and if it meets the BIS standards, the authorized official shall verify the factory and grant the license within 30 days. This process is applicable for all products in BIS license of ‘All India First License’ cases and the ones listed under the simplified procedure cases, except – Products requiring statutory approval like cylinders, cement, valves, etc. Products that require factory testing.
• ECO Mark Scheme Registration: For the certification of environmentally friendly products, the BIS provides for the ECO mark, which ensures that all environmental products conform to the basic environmental criteria and the Indian quality standards set by BIS. The ECO Mark is granted along with the ISI Mark for the concerned products, in the form of a single mark which is a combination of both marks.
• BIS Compulsory Registration Scheme (CRS): The Compulsory Registration Scheme (CRS) was notified by the Ministry of Electronics and IT (MeitY) in 2012 to regulate the certification of electronic and information technology goods. The BIS certification can be obtained through the CRS by a self-declaration issued that each product complies with the CRS regulations along with a self-obtained test report from a BIS-recognized laboratory in Form-I that is filed through the smart registration portal. Once the registration is approved, the manufacturers are allotted the standard mark with a unique R-number which allows them to sell their goods in the Indian market.

Validity of BIS Certification

The first BIS certification that is granted to the applicant is valid for two years. However, foreign manufacturers have the opportunity to renew their license for up to 5 years upon expiry of the initial license provided there is no change in the concerned product during the said duration. The applicant has to mandatorily pay an annual minimum marking fee and the license fee for the renewal of the BIS registration. Further, if the renewal application is filed after the lapse of the registration, a late fee of Rs. 5000 can be imposed upon the applicant.

Why Adviso

If you are a foreign manufacturer in India, BIS Certification under the Foreign Manufacturers Certification Scheme is mandatory for selling your products in the Indian market and non-compliance with the scheme may lead to serious penalties.
We, at Adviso, are a team of expert professionals who will provide end-to-end support for registering your company under the FMCS. Our technical and legal experts will help you by providing a detailed expert analysis of your product, aiding in the documentation process, arranging for an BIS certified testing facility, and also ensuring that all the legal compliances are met, to make sure the registration under FMCS is a smooth and hassle-free process.
So, all you have to do is give us a call and our team of experts will be happy to help you resolve all your queries.

Read Our Article: Overview of Full Fledged Money Changer License (FFMC)