Advisory for Compliance by FCRA NGOs/Associations with the Amended Provisions in FCRA, 2010 and FCRR, 2011

Note: –

This advisory is meant for any association that belongs to one of the following categories: (a) Those who have submitted application for registration/Prior Permission (b) Those who have submitted application for Renewal (c) Those who are yet to submit application for registration/Prior Permission (d) Those who are yet to submit application for renewal (e) those who hold valid FCRA registration/Prior Permission and are not in immediate of renewal of such certificate/PP.

Compliance With Amended FCRA 2010 And FCRR 2011- Advisory

i. The NGO/person may take note of the amendments in the FCRA, 2010 and ensure compliance. These amendments may be visited at (https://fcraonline.nic.in).

ii. The NGO/person may take note of the amendments in the FCRR, 2011 for compliance. These amendments may be visited at (https://taxguru.in/rbi/foreign-contribution-regulation-amendment-rules-2020.html).

iii. Among various requirements arising from these amendments, three key compliances relate to: (i) Obtaining a DARPAN ID from NITI Aayog portal; (ii) Opening the Main “FCRA Account” in SBI Parliament Street Branch, New Delhi; and (iii) Seeding Adhaar details of all office bearers. An advisory statement on these three key compliances is attached herewith. It may be accessed at (https://taxguru.in/rbi/foreign-contribution-regulation-amendment-rules-2020.html).

iv. Regarding compliance on FCRA “Bank Accounts”, a separate public notice dated 13.10.2020 has been issued with detailed clarifications, and it can be accessed at (https://taxguru.in/rbi/procedure-opening-operating-designated-fcra-account.html). A standard operating procedure (SOP) to be followed by all branches of SBI is placed on the web portal (https://taxguru.in/rbi/sop-open-operate-fcra-account.html) and also available on the web portal of the State Bank of India.

2. Every person/association is, therefore, requested to carefully peruse and familiarize itself with all the amendments in the Act and the Rules and related contents as indicated above to ensure thorough compliance. NGO’s proactive response would facilitate a quick and smooth transition to the amended legal regime.

(Office of FCRA Wing of Foreigners Division, MHA)

COMPLIANCE WITH THE AMENDED FCRA 2010 AND FCRR 2011

All FCRA registered Associations/prospective applicants must meet various mandatory requirements arising out of the latest Amendments in FCRA 2010 and the FCRR 2011. These requirements include, among others, the following three key compliances:

Sl. No
Compliance Item
If renewal application already submitted
If application for FCRA Registration or Prior Permission (PP) already
submitted
If application is yet to be submitted for renewal
If application is yet to be submitted for FCRA Registration/ PP.
1.
Get a Darpan ID from NITI Aayog portal.
Such Associations are being given access to their applications to seed (if not already seeded) the Darpan ID from NITI Aayog’s Darpan Portal. They need to make entry of DARPAN ID in Form FC 3C at specified place in the portal, fcraonline.nic.in (The online system for this entry is already functional)
Such Associations are being given access to their applications to seed (if not already seeded) the Darpan ID from NITI Aayog’s Darpan Portal. They need to make entry of DARPAN ID in Form FC 3A / FC 3B at specified place in the portal, fcraonline.nic.in (The online system for this entry is already functional)
Such Associations will be automatically prompted to first obtain Darpan ID from NITI Aayog’s Darpan Portal, when they open their online form for renewal in the modified Form FC 3C.
The online registration/PP application will automatically prompt the applicant to first obtain Darpan ID from NITI Aayog’s Darpan Portal.
2.
“FCRA Account” in SBI
Parliament Street Branch, New Delhi.
Such Associations are being given access to their applications to seed FCRA Account in the SBI Main Branch at Parliament Street, New Delhi.(The online system for this entry is already functional)
Such Associations are being given access to their applications to seed FCRA Account in the SBI Main
Branch
at Parliament Street, New Delhi.(The online system for this entry is already functional)
Such Association must open an FCRA Account in the SBI Main Branch at Parliament Street, New Delhi before they initiate online application for renewal.(The online system for this entry is already functional)
Such applicants must open an FCRA Account in the SBI Main Branch at Parliament Street, New Delhi, before they initiate their online application for registration (The online system for this entry is already functional)
3.
Aadhar Details of all office bearers / key functionaries.
Such Associations need to enter Aadhar Nos. of all Office Bearers or Directors or Other Key Functionaries of Association in specified column in Form FC 3-C in the portal fcraonline.nic.in
Such Associations need to enter Aadhar Nos. of all Office Bearers or Directors or Other Key Functionaries of the Association in specified column in Form FC 3A / FC 3B in the portal fcraonline.nic.in
Such Associations need to enter Aadhar Nos. of all Office Bearers or Directors or Other Key Functionaries of the Association in the portal fcraonline.nic.in while filling online form for renewal.
Such applicants must enter Aadhar Nos. of all Office Bearers or Directors or Other Key Functionaries of the Association in the portal fcraonline.nic.in while filling online application for registration/PP.

Note: – All the Association which hold a valid FCRA Registration/Prior Permission and are not in immediate need of renewal, they shall also be required to meet all the compliances including the above three items. Such Associations may seek to comply with these requirements by using ‘Form 6’.

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