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FOREIGN DIRECT INVESTMENT (FDI) POLICY

 

Policy on Foreign Direct Investment


India has among the most liberal and transparent policies on FDI among the emerging economies. FDI up to 100% is allowed under the automatic route in all activities/sectors except the following, which require prior approval of the Government:


1. Sectors prohibited for FDI


2. Activities/items that require an industrial license


3. Proposals in which the foreign collaborator has an existing financial/technical collaboration in India in the same field


4. Proposals for acquisitions of shares in an existing Indian company in financial service sector and where Securities and Exchange Board of India (substantial acquisition of shares and takeovers) regulations, 1997 is attracted.


5. All proposals falling outside notified sectoral policy/ CAPS under sectors in which FDI is not permitted.


Most of the sectors fall under the automatic route for FDI. In these sectors, investment could be made without approval of the central government. The sectors that are not in the automatic route, investment requires prior approval of the Central Government. The approval in granted by Foreign Investment Promotion Board (FIPB). In few sectors, FDI is not allowed.

 

 

There are two routes for FDI approvals:

 

1. The Automatic route via Reserve Bank of India (RBI)

 

2. Foreign Investment Promotion Board route (FIPB route)

 

 

1. Automatic Route

 

No prior approval is required for FDI under the Automatic Route. Only information to the RBI within 30days of inward remittances or issue of shares to Non Residents is required.  RBI has prescribed a new form, Form FC-GPR (instead of earlier FC-RBI) for reporting shares issued to the Foreign Investors by an Indian company.

 

For details please contact:

Chief General Manager,

Reserve Bank of India,

Foreign Investment and Technology Transfer Division,

Exchange Control Department,

Shaheed Bhagat Singh Road, Mumbai – 400001.

Tel.:+ 91-22-2266 1603

Fax + 91-22-2266 5330

 

 

2. FIPB route - Government Approval

 

Foreign Investment proposed not covered under the ‘Automatic Route’ are considered for Governmental Approval on the recommendations of the Foreign Investment Promotion Board (FIPB).

 

Application for such cases are to be submitted in FC/IL form or on plain paper to Foreign Investment Promotion   Board (FIPB) in Department of Economic Affairs, Ministry of Finance, Government of India North Block, New Delhi 110 001.

 

Application can be made in Form FC-IL. Plain paper applications carrying all relevant details are also accepted. No fee is payable. The guidelines for consideration of FDI proposals by the FIPB are at Annexure-III of the Manual for FDI.

 

Form FC-IL - COMPOSITE FORM FOR FOREIGN COLLABORATION AND INDUSTRIAL LICENCE http://siadipp.nic.in/download/il-form.doc

 

IEM Form http://siadipp.nic.in/policy/policy/ip202.htm

 

Manual for FDI http://www.dipp.nic.in/manual/FDI_Manual_Latest.pdf

 

Prohibited Sectors

 

The extant policy does not permit FDI in the following cases:

i. Gambling and betting

ii. Lottery Business

iii. Atomic Energy

iv. Retail Trading

v. Agricultural or plantation activities of Agriculture (excluding Floriculture, Horticulture, Development of Seeds, Animal Husbandry, Pisiculture and Cultivation of Vegetables, Mushrooms etc., under controlled conditions and services related to agro and allied sectors) and Plantations (other than Tea Plantations).

 

INVESTMENT FACILITATION

Secretariat for Industrial Assistance (SIA) in Department of Industrial Policy and Promotion, Government of India provides a single window service for entrepreneurial assistance,  Investor facilitation and monitoring implementation of the projects. 

 

Secretariat for Industrial Assistance (SIA)

Department of Industrial Policy and Promotion

Ministry of Commerce & Industry

Udyog Bhavan, New Delhi-110 011

Email: dipp_sia@ub.nic.in

Tel.: +91-11-23011983

Fax : +91-11-23011034

 

 

Source:

Department of Industrial Policy and Promotion, http://dipp.nic.in    

 

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