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FOREIGN investors will be required to give a commitment that they will not do anything detrimental to India’s interest as the government looks to tighten scrutiny of foreign direct investment, but experts say the regulation is not so innocuous. The department of industrial policy and promotion or DIPP, the key government body for policy on foreign direct investments, has initiated discussions with concerned ministries including finance, law, home, and the RBI.
The government will consider changes in rules to allow 100% foreign owned and well capitalised non-banking finance companies (NBFCs) to set up subsidiaries, removing the curbs introduced by the foreign direct investment guidelines issued last year. The Reserve Bank of India will work out the details of the changes, a government official told.
Attention of Authorized Dealer Category – I (AD Category – I) banks is invited to the A.P. (DIR Series) Circular No. 22 dated December 7, 2000,A.P. (DIR Series) Circular No. 02 dated July 27, 2001 and A.P. (DIR Series) Circular No. 49 dated June 4, 2002 in terms of which it was advised that remittance in any form towards participation in lottery schemes are prohibited under the Foreign Exchange Management Act, 1999.
A leading NRI group on Tuesday asked India to reconsider new rules that require them to surrender their Indian passports within 90 days upon acquisition of US citizenship, arguing these bring “undue and unnecessary” burden on the community.
Recently, the Government of India released the consolidated policy framework for Foreign Direct Investment (‘FDI’) in India. This policy framework contained in Circular No. 1 of 2010 is effective from 1 April 2010. The underlying rationale of the Circular is to promote FDI through a policy framework that is transparent, predictable, simple and clear and which reduces regulatory burden.
The Reserve Bank of India (RBI) has issued a Notification no. FEMA 205/2010-RB dated 7 April 2010 which has amended the pricing norms for issue of shares by an Indian company to a person resident outside India. This Notification comes into force from date of its publication in the Official Gazette i.e. 21 April 2010.
These FAQs seek to cover the broad spectrum of issues relating to acquisition and transfer of immovable property in India by a non-resident Indian (NRI) or a foreign national of Indian origin (PIO) or a foreign national of non-Indian origin as also by a person resident in India who is not a citizen of India. In case there are other issues to be resolved, a reference may be made to the Chief General Manager, Foreign Investment Division, Reserve Bank of India, Central Office, Mumbai 400 001.
The government is likely to subject all investments in sectors closed to foreign investments to greater scrutiny through a new oversight body to ensure that foreign capital does not slip into these sectors undetected. There have been allegations that under the new foreign direct investment policy overseas investments could be routed into the sectors closed to such investments. The prohibited sectors include multi-brand retail, gambling, betting, lottery, atomic energy and plantation.
Attention of Authorised Dealer Category-I (AD Category-I) banks is invited to Foreign Exchange Management (Current Account Transactions) Rules, 2000 notified vide Notification No.G.S.R.381(E) dated 3rd May 2000, as amended from time to time.
The government’s key body on foreign investments has rejected Jaipur IPL’s proposal to induct foreign equity into the company. The decision by the Foreign Investment Promotion Board (FIPB) creates problems for the shareholders of the Indian Premier League franchisee that owns the Rajasthan Royals team, but experts say it will not affect the functioning of the company.
