Government of India
Ministry of Commerce and Industry
Department of Commerce
Udyog Bhawan, New Delhi
Dated: 19th December, 2016
The Development Commissioners
Special Economic Zone
Subject: Proposals for setting up of new SEZs and MHA clearance – Regarding.
I am directed to say that National Security Clearance is required to be obtained Ministry of Home Affairs (MHA) as per the guidelines issued by the MHA. These guidelines inter-alia provide as under:-
(i) Country Sensitivity: India’s national security concerns include threats emanating from outside country. Hence, investment proposals originating from countries of concern (contextual) and tax havens require higher due diligence caution during the process of vetting.
(ii) Geographical sensitivity: for the preservation of territorial integrity, threats emanate from ware and cross border activities including terrorism, subversion and sabotage. Consequently, special care and higher due diligence needs to be exercised while evaluating proposals in the proximity of the LAC and the international borders from the point of view of locational integrity. list of geographically sensitive areas is as under:-
Proposals of foreign investment from countries of concern in the following areas require more due diligence in threat assessment:
1. Areas in the vicinity of within 50 Kms from LoC/LAC/International Border:
2. Areas in the proximity of nuclear, space, defence installations or installations notified under the Official secrets Act 1923.
2. Since the requirement of National Security Clearance is to be assessed by the Department before issuance of formal approval for setting up of new SEZs, it is requested that the proposals may be examined in terms of the above provisions and indicate whether proposal would require National Security Clearance from MHA before sending the same this Department for consideration of the Board of Approval (BOA).
3. It is also requested that such proposal requiring National Security Clearance should be accompanied by a self-declaration by the Company/Developer/Director(s) in the enclosed format.
4. In those cases not requiring National Security Clearance, the same may be confirmed while referring the proposal for consideration of BOA meeting. No proposal for setting up of new SEZ will be entertained without this information.
Encls: As above.
Under Secretary to the Government of India
Self declaration for company and Director(s) for whom security clearance is sought
a. Name & address and registration number of the company
b. Name and address of owners, Promoters and directors of the company
c. Is the company owners, promoters or directors listed above, the subject of any
1. Preventive detention proceeding (PSA/NSA etc.): Yes/No
2. Criminal proceedings : Yes/No
d. If, Yes, please provide following details
1. Detenation/Case/FIR/warrant number :
2. Police Station/District Agency :
3. Section of Law :
4. Name and Place of the Court :
e. The above mentioned details are in respect of both India and any other foreign country.
Note: The above self declaration is required to be filed and signed by the authorized signatory of the company.