The Union Cabinet today approved a major rationalisation of the policy on foreign direct investment (FDI) to further simplify the procedures for investing in India and to avoid multiple layers of approvals that were presently required in some activities.
The whole FDI policy has been reviewed in an integrated manner, to remove anomalies and inconsistencies. This is not so much an exercise to revise caps, as to simplify and rationalise the procedures. The guiding principle is that for some items requiring industrial licence which are in any case well regulated, there is no need for a second tier Foreign Investment Promotion Board (FIPB) approval, and so these can be put on to the automatic route”.
With a view to facilitating the easier inflow of FDI into India, it has been decided that instead of having to seek FIPB approval, FDI upto 100% would now be allowed under the automatic route for:
¨ the development of new airports; (so far FDI upto only 74% was allowed under automatic route)
¨ laying of natural gas/LNG pipelines;
¨ market study and formulation and investment/financing in the petroleum sector;
¨ cash and carry wholesale trading and export trading; (so far, FDI in wholesale cash and carry trading and FDI beyond 51% in export trading required prior government approval); and
¨ exploration of mining of diamonds and other precious stones. (so far, allowed on automatic route only upto 74%)
It has also been decided that FDI upto 100% under the automatic route would be allowed for:
¨ processing and warehousing in coffee and rubber industry.
¨ Power trading, subject to provisions of the Electricity Act, 2003.
The Union Cabinet has also decided to raise the FDI caps/ceiling to 100 % in case of:
¨ investment in creation of infrastructure related to marketing in petroleum sector and
¨ in captive mining of coal and lignite for consumption by eligible users.
It has been decided to allow upto 100% FDI under the automatic route in the above two sectors.
The Cabinet has also given its approval to remove the divestment condition, which had been imposed earlier, with respect to business-to-business e-commerce. Hitherto while FDI upto 100% was allowed, the investor was required to divest 26% of the foreign equity within 5 years of making the investment. This was seen to be restricting the level of FDI in these sectors.
The Cabinet has also approved to allow FDI up to 51% with prior Government approval for retail trade in ‘Single Brand’ products. This is aimed at attracting investment, technology and best global practices as also catering to the demand of such branded goods in India. This would imply that foreign companies would be allowed to sell goods sold internationally under a single brand, viz., Reebok, Nokia, Adidas. Retailing of goods of multiple brands, even if such products are produced by the same manufacturer, would not be allowed.
(FDI will continue to remain prohibited in coffee and rubber plantations).
The Cabinet has approved to allow FDI upto 100 % for the distillation and brewing of potable alcohol, industrial explosives and hazardous chemicals on the automatic route. This would, however, be subject to other applicable regulations.
So far, FDI in industrial projects located within 25 kms of the urban limits of 23 towns required prior government approval besides an industrial licence. The Cabinet has now dispensed with the requirement of prior government approval and henceforth, FDI in such cases would be eligible for the automatic route.
It has also been decided that there will be no need for approval of FIPB for transfer of shares in an existing Indian company from Indian investors to foreign investors in the financial services and where the provisions of the Securities and Exchange Board of India (SEBI) Takeover Code are applicable in cases where approval of RBI/SEBI/Insurance Regulatory Development Authority of India (IRDA) is also required.
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YSR/DS/VSR
Source: http://pib.nic.in/release/release.asp?relid=15119 |
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