The Australia–India Annual Summit: from ECTA to CECA, and what it means for business

Samy Mansour, Keshni Maharaj, Walid Sukari, Cynthia Elachi and Mariam Azzo
16 Jul 2026
4.5 minutes

Prime Minister Modi's July 2026 visit produced a suite of agreements that push the Australia–India relationship well beyond tariffs - into investment, critical minerals, civil nuclear energy, technology and defence initiatives. For companies operating in, or eyeing, either market, the commercial and regulatory implications are significant.

The headline numbers explain the attention. India is now among Australia's largest trading partners, with two-way trade in goods and services of around A$54.4 billion in 2024–25.

When we last wrote on this relationship, the Australia–India Economic Cooperation and Trade Agreement (ECTA) had just been signed as an interim step. The 2026 Summit confirms the direction of travel: the two governments are now working to convert that interim deal into a full Comprehensive Economic Cooperation Agreement (CECA) and to build the investment, energy and technology architecture around it.

Outcomes at a glance

The Joint Statement records a broad program of outcomes. The commercially significant ones are:

  • a reaffirmed commitment to conclude an ambitious, balanced and mutually beneficial CECA, building on the ECTA;

  • deeper cooperation on critical minerals, including investment, long-term supply and offtake arrangements, processing and value-addition;

  • finalisation and signature of the Administrative Arrangement under the bilateral Nuclear Cooperation Agreement, enabling long-term Australian uranium exports to India for peaceful purposes under International Atomic Energy Agency (IAEA) safeguards;

  • a new Australia-India Partnership on Cyber, Critical Technologies and Supply Chains (PACTS) and a trilateral Australia–Canada–India Technology and Innovation (ACITI) Partnership MOU;

  • a Joint Statement on Energy Security and continued work under the Renewable Energy Partnership, including the Rooftop Solar Academy;

  • expanded education ties, with Flinders University approved to open a campus in Bengaluru and Victoria University cleared to operationalise a campus in Gurugram; and

  • a step-change in defence and security cooperation, including a new Joint Declaration and defence-industry initiatives.

Each of these has a legal and commercial tail. We focus below on trade and investment, corporate and commercial arrangements and the regulatory and legislative implications.

Foreign trade and investment: The road to CECA

The Prime Ministers welcomed continued growth in two-way trade under the ECTA and the reduction of non-tariff barriers, and reaffirmed their commitment to progressing a full CECA.

Importantly for investors, the Joint Statement goes beyond goods trade - the leaders expressly underscored the importance of enhancing investment and of stronger coordination of finance between the two countries' institutions and welcomed a CEO Forum convened during the visit to build business-to-business linkages.

Two policy anchors are worth noting for corporate planning. The leaders acknowledged the complementarities between India's "Make in India" and Australia's "Future Made in Australia" agendas, signalling government appetite for co-investment in manufacturing, technology and value-added processing. They also endorsed continued implementation of A New Roadmap for Australia's Economic Engagement with India, which provides the practical scaffolding for market entry across priority sectors.

For Australian exporters, the trajectory is familiar. The ECTA already reduced or eliminated tariffs on a large share of Australian goods entering India, and a full CECA is expected to widen market access for goods and services, deepen the investment framework and introduce more comprehensive trade rules. For businesses with expansion plans in either market, the CECA - if concluded on the terms flagged - should further simplify access and reduce friction.

Corporate and commercial arrangements

Several Summit outcomes translate directly into deal flow and cross-border commercial structuring.

Critical minerals and resources

Critical minerals were a centrepiece. The leaders committed to partnerships between government agencies, public and private companies and research institutions to promote investment, secure long-term supply and offtake arrangements, and build processing and value-addition capability.

For Australian resources companies and Indian offtakers and investors, this points to joint ventures, long-term supply contracts and co-investment in downstream processing structures that will require careful attention to ownership, governance and, as discussed below, foreign investment screening.

Civil nuclear energy and uranium

The finalisation of the Administrative Arrangement under the Australia–India Nuclear Cooperation Agreement clears the way for long-term uranium exports to India, restricted to peaceful purposes and IAEA safeguards. With Australia holding a substantial share of global uranium reserves and India targeting a major expansion of nuclear generation capacity, this provides renewed certainty for uranium exports to India - subject to a demanding export-control and safeguards regime.

Technology, cyber and supply chains

The new PACTS partnership and the ACITI trilateral MOU signal a coordinated push on critical and emerging technologies, supply-chain diversification, cyber security and digital resilience. Companies in semiconductors, advanced manufacturing, telecommunications and data infrastructure should expect new opportunities and heightened government interest in the security of the supply chains they build.

Space

Australia has agreed to commission a temporary space tracking terminal on the Cocos (Keeling) Islands to support India's Gaganyaan human spaceflight program, with scope for deeper industry-to-industry and agency collaboration. This is an emerging area for commercial partnerships between Australian and Indian space firms.

Education and skills

Approvals for Flinders University (Bengaluru) and Victoria University (Gurugram) campuses, together with a new Centre of Excellence for Skilling in Mining in Bhubaneswar, reflect a maturing education and skills market.

Regulatory and legislative implications

This is where the Summit's commercial ambitions meet Australia's evolving regulatory framework - and where the most important practical questions arise.

FIRB

In our 2022 analysis, we flagged a key open question: whether India would be treated as an "agreement country" for Foreign Investment Review Board (FIRB) purposes, which would give Indian investors the benefit of higher monetary screening thresholds. That question remains live – while non-government Indian investors already enjoy a middle-tier threshold (currently A$560 million for non-sensitive services businesses and related commercial land) which is higher than the A$347 million standard threshold, it is well below the A$1,498 million enjoyed by full FTA "agreement country" investors.

Whether the CECA finally delivers Indian investors FTA "agreement" treatment - and the more generous thresholds that come with it (other than for foreign government investors and investments in sensitive and national security businesses) - is a consequential commercial question hanging over the negotiations.

A reformed, two-track FIRB regime

Indian investment into Australia will land in the middle of the most significant overhaul of the foreign investment regime in years. As we explain in our recent articles (Incoming changes to Australia's foreign investment framework and Australia's 2026–27 Budget and the foreign investment landscape), the Government is moving to a risk-based, two-track model: faster, streamlined treatment for low-risk investments (with a 30-day decision target and expanded exemption certificates), and sharper scrutiny for high-risk transactions.

There is a challenge worth naming in this context - the Summit prioritises Indian investment into critical minerals, yet critical minerals are precisely the kind of sector that attracts expanded mandatory notification and heightened national-security scrutiny.

Early engagement with FIRB, careful ownership disclosure and realistic conditionality in sale agreements will be essential.

Defence-industry and export controls

The new Joint Declaration on Defence and Security Cooperation, the MOU for the Provision of Defence Articles and Defence Services, and Australia's first defence trade mission to India all point to closer defence-industry integration. Companies operating in this space should anticipate the full weight of Australia's export-control, security-of-critical-infrastructure and defence-trade frameworks. Our note on defence and aerospace investment explores the regulatory overlay in more detail.

Treaty implementation

A full CECA, like the ECTA before it, will require domestic implementation through Australia's treaty-making process, including tabling in Parliament and any necessary legislative amendments. Businesses should track that process closely, as the timing and detail of implementation will shape when commercial benefits may crystallise.

What this means for business: practical takeaways

For Indian investors and acquirers looking at Australia

  • Expect close scrutiny in strategic sectors. Critical minerals, technology, data and defence-adjacent assets will attract national-security attention despite the warm political climate. Engage early, disclose ownership transparently and build realistic conditions and long-stop dates into sale agreements.

  • Watch the "agreement country" question. If the CECA delivers Indian investors higher FIRB thresholds (appreciating that foreign government investors and investments in sensitive and national security businesses will not have the benefit of those thresholds), fewer transactions will require FIRB approval.

For Australian companies engaging with India

  • Position for the CECA. Exporters and services providers should map where a fuller agreement would improve market access and prepare to move early.

  • Structure critical minerals and energy partnerships with care. Long-term offtake, JV and processing arrangements should be built with supply-chain security, governance and dispute-resolution mechanisms front of mind.

  • Treat uranium and defence opportunities as export-control-intensive. The commercial opening is real, but the compliance overlay - safeguards, licensing and security obligations - is demanding.  

Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.