Capital & Current Account FDI PRESENTATION

FDI

1. FOREIGN DIRECT TRADE & INVESTMENT UNIT 2

2. Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000 Meaning Of Capital account transactions - Section 2(e) [FEMA] Capital account transaction’ means any transaction – - Which alters the assets or liabilities position outside of PRI - Which alters the assets or liabilities in India of the PROI

3. Capital account transactions – Section 6 [FEMA] - Capital account transactions are governed by Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000 - Capital account transactions are allowed subject to certain conditions. - RBI in consultation with the Central Government, specify any class or classes of capital account transactions permissible and the limit up to which foreign exchange shall be admissible for such transactions. - Reserve Bank shall not impose any restrictions on the drawal of foreign exchange for payments due on account of amortization of loans or for depreciation of direct investments in the ordinary course of business.

4. Rule 3- Permissible Capital Account Transactions - (1) Capital account transactions of a person may be classified under the following heads, namely: (A) transactions, specified in Schedule I, of a person resident In India; (B) transactions, specified in Schedule II, of a person resident outside India. (2) Subject to the provisions of the Act or the rules or regulations or direction or orders made or issued thereunder, any person may sell or draw foreign exchange to or from an authorised person for a capital account transaction specified in the Schedules; Provided that the transaction is within the limit, if any, specified in the regulations relevant to the transaction.

5. Rule 4- Prohibition 1) no person shall undertake or sell or draw foreign exchange to or from an authorised person for any capital account transaction, Provided that - a) subject to the provisions of the Act or the rules or regulations or directions or orders made or issued thereunder, a resident individual may, draw from an authorized person foreign exchange not exceeding USD 250,000 per financial year or such amount as decided by Reserve Bank from time to time for a capital account transaction specified in Schedule I. b) Where the drawal of foreign exchange by a resident individual for any capital account transaction specified in Schedule I exceeds USD 250,000 per financial year, or as decided by Reserve Bank from time to time as the case may be, the limit specified in the regulations relevant to the transaction shall apply with respect to such drawal . provided further that no part of the foreign exchange of USD 250,000, drawn under proviso (a) shall be used for remittance directly or indirectly to countries notified as non-cooperative countries and territories by Financial Action Task Force (FATF) from time to time and communicated by the Reserve Bank of India to all concerned.]

6. 2) no person resident outside India shall make investment in India, in any form, in any company or partnership firm or proprietary concern or any entity, whether incorporated or not, which is engaged or proposes to engage - ( i ) in the business of chit fund, or (ii) as Nidhi Company, or (iii) in agricultural or plantation activities or (iv) in real estate business, or construction of farmhouses or (v) in trading in Transferable Development Rights (TDRs).

7. Rule 5- Method of payment for investment - The payment for investment shall be made by remittance from abroad through normal banking channels or by debit to an account of the investor maintained with an authorised person in India in accordance with the regulations made by the Reserve Bank under the Act. Rule 6. Declaration to be furnished - Every person selling or drawing foreign exchange to or from an authorised person for a capital account transaction shall furnish to the Reserve Bank, a declaration in the form and within the time specified in the regulations relevant to the transaction.

8. Schedule – I Classes of Capital Account Transactions of Persons resident in India a) Investment by a person resident in India in foreign securities. b) Foreign currency loans raised in India and abroad by a person resident in India. c) Transfer of immovable property outside India by a person resident in India. d) Guarantees issued by a person resident in India in favour of a person resident outside India. e) Export, import and holding of currency / currency notes. f) Loans and overdrafts (borrowings) by a person resident in India from a person resident outside India. g) Maintenance of foreign currency accounts in India and outside India by a person resident in India. h) Taking out of insurance policy by a person resident in India from an insurance company outside India. i ) Loans and overdrafts by a person resident in India to a person resident outside India. j) Remittance outside India of capital assets of a person resident in India. k) Undertake derivative contracts

9. Schedule - II Classes of Capital Account Transactions of Persons resident Outside India a) Investment in India by a person resident outside India, that is to say, i ) issue of security by a body corporate or an entity in India and investment therein by a person resident outside India; and ii) investment by way of contribution by a person resident outside India to the capital of a firm or a proprietorship concern or an association of persons in India. b) Acquisition and transfer of immovable property in India by a person resident outside India. c) Guarantee by a person resident outside India in favour of, or on behalf of, a person resident in India. d) Import and export of currency / currency notes into / from India by a person resident outside India. e) Deposits between a person resident in India and a person resident outside India. f) Foreign currency accounts in India of a person resident outside India. g) Remittance outside India of capital assets in India of a person resident outside India. h) Undertake derivative contracts

10. Foreign Exchange Management (Current Account Transactions) Rules, 2000 Current account transactions - Section 2(j) [FEMA] current account transaction means a transaction other than a capital account transaction. Current account transactions include payments in connection with – - payments due in connection with foreign trade, other current business, services, and short-term banking and credit facilities in the ordinary course of business, payments due as interest on loan - net income from investments - remittances for living expenses of parents, spouse and children residing abroad - expenses in connection with foreign travel, education and medical care of parents, spouse and children

11. Current account transactions.— Sec 5 [FEMA] Any person may sell or draw foreign exchange to or from an authorised person if such sale or drawal is a current account transaction: Provided that the Central Government may, in public interest and in consultation with the Reserve Bank, impose such reasonable restrictions for current account transactions as may be prescribed.

12. Rule 3- Prohibition on drawal of Foreign Exchange - Drawal of foreign exchange by any person for the following purpose is prohibited, namely : (a) a transaction specified in the Schedule I; or (b) a travel to Nepal and / or Bhutan; or (c) a transaction with a person resident in Nepal or Bhutan Provided that the prohibition in clause (c) may be exempted by RBI subject to such term and conditions as it may consider necessary to stipulate by special or general order. Rule 4- Prior approval of Govt. of India - No person shall draw foreign exchange for a transaction included in the Schedule II without prior approval of the Government of India. Provided that this Rule shall not apply where the payment is made out of funds held in Resident Foreign Currency (RFC) Account. Rule 5- Prior approval of Reserve Bank.-Every drawal of foreign exchange for transactions included in Schedule III shall be governed as provided therein : Provided that this rule shall not apply where the payment is made out of funds held in Resident Foreign Currency (RFC) Account

13. Rule 6- Exemption for Drawal from Exchange Earners' Foreign Currency (EEFC) Account: - Drawals made out of funds held in an Exchange Earners' Foreign Currency (EEFC) account of the remitter are exempt from the restrictions imposed under Rule 4 or Rule 5. - However, restrictions imposed under Rule 4 or Rule 5 continue to apply if the drawal from the EEFC account is for specific purposes listed in Schedule II or Schedule III which is specified in items 10 and 11 of Schedule II, or item 3, 4, 11, 16 & 17 Schedule III . Rule 7- Use of International Credit Card while outside India - Nothing contained in rule 5 shall apply to the use of International Credit Card for making payment by a person towards meeting expenses while such person is on a visit outside India.

14. Schedule – I [Transactions which are Prohibited] 1. Remittance out of lottery winnings, 2. Remittance of income from racing / riding etc. or any other hobby, 3. Remittance for purchase of lottery tickets, banned / proscribed magazines, football pools, sweepstakes etc., 4. Payment of commission on exports made towards equity investment in Joint Ventures / Wholly Owned Subsidiaries abroad of Indian companies, 5. Remittance of dividend by any company to which the requirement of dividend balancing is applicable, 6. Payment of commission on exports under Rupee State Credit Route, except commission up to 10% of invoice value of exports of tea and tobacco.] 7. Payment related to "Call Back Services" of telephones, 8. Remittance of interest income on funds held in Non Resident Special Rupee Account Scheme.

15. Schedule – II [Transactions which require prior approval of the Central Government] Prior approval of the Central Government is required for drawl of foreign exchange by any person for the purposes listed below – - Cultural tours - Advertisement in foreign print media for the purposes other than promotion of tourism, foreign investments and international bidding (exceeding US$ 10,000) by a State Government and its PSU - Payment of import through ocean transport by a Government Department of a PSU on CIF basis - Multi-modal transport operators making remittance to their agents abroad - Remittance of hiring charges of transponders TV Channels (b) Internet service providers - Remittance of container detention charges exceeding the rate prescribed by Director General of Shipping - Remittance of prize money or sponsorship of sports activity abroad by a person other than International or National or State Level sports bodies, if the amount involved exceeds US$ 1,00,000 - Remittance for membership of Protection & Indemnity Insurance Club.

16. Schedule 3

17. Provided that for the purposes mentioned at item numbers (iv), (vii) and (viii), the individual may avail of exchange facility for an amount in excess of the limit prescribed under the Liberalised Remittance Scheme if it is so required by a country of emigration, medical institute offering treatment or the university, respectively : Provided further that if an individual remits any amount under the said Liberalised Remittance Scheme in a financial year, then the applicable limit for such individual would be reduced from USD 250,000 (US Dollars Two Hundred and Fifty Thousand Only) by the amount so remitted : provided also that for a person who is resident but not permanently resident in India and (a) is a citizen of a foreign State other than Pakistan; or (b) is a citizen of India, who is on deputation to the office or branch of a foreign company or subsidiary or joint venture in India of such foreign company, may make remittance up to his net salary (after deduction of taxes, contribution to provident fundand other deductions)

18. Facilities for persons other than individual - 2. The following remittances by persons other than individuals shall require prior approval of the Reserve Bank of India. ( i ) Donations exceeding one per cent. of their foreign exchange earnings during the previous three financial years or USD 5,000,000, whichever is less, for- (a) creation of Chairs in reputed educational institutes, (b) contribution to funds (not being an investment fund) promoted by educational institutes; and (c) contribution to a technical institution or body or association in the field of activity of the donor Company. (ii) Commission, per transaction, to agents abroad for sale of residential flats or commercial plots in India exceeding USD 25,000 or five percent of the inward remittance whichever is more. (iii) Remittances exceeding USD 10,000,000 per project for any consultancy services in respect of infrastructure projects and USD 1,000,000 per project, for other consultancy services procured from outside India. (iv) Remittances exceeding five per cent of investment brought into India or USD 100,000 whichever is higher, by an entity in India by way of reimbursement of pre-incorporation expenses."