Fresh Look: Govt To Clarify Controversial FDI Rules Again Within 45 Days


By ugesh sarkar, Section Finance & Taxes
Posted on Thu Jun 11, 2009 at 02:04:53 AM EST

T he government will, within the next 45 days, clarify yet again the issues that have arisen after the notification of the new foreign direct investment (FDI) guidelines, said a senior commerce and industry ministry official

"A final view on all the con- cerns raised by the industries and media regarding the new FDI policy regime will be addressed within one-and-a-half months. Nothing will be brushed aside," added the official, who spoke on condition of anonymity
The new guidelines, issued by the department of industrial policy and promotion (DIPP) in February, have created confusion, especially in terms of what it means for sectors where foreign investment is prohibited or limited

The Reserve Bank of India (RBI) has also pointed out that seven private Indian banks, ICICI Bank Ltd, HDFC Bank Ltd, Yes Bank Ltd, IndusInd Bank Ltd, Federal Bank Ltd, ING Vysya Bank Ltd and Development Credit Bank Ltd, will have to be classified as foreign-owned banks under the new guidelines, as foreign ownership in these banks is at least 50%According to the new guide- lines, both ownership as well as control have to be with Indians for a company to be deemed Indian
Since the guidelines were issued, DIPP has started a consultation process with var
ious stakeholders to resolve the confusion
The official said the depart- ment is yet to hear from key stakeholders, including the finance ministry and RBI

The government is also looking at how trusts should be dealt with, the official quoted in the first instance said Akash Gupt, executive di- rector at audit and consulting firm PricewaterhouseCoopers, said this is important because a foreigner can also be a socalled beneficial (or indirect) owner of a trust
"Most venture capital funds have trust structures," Gupt added  

Source: Live Mint FRESH LOOK - Govt to clarify controversial FDI rules again within 45 days

Click On "Full Story" For More....

RBI had previously said the new guidelines could lead to the circumvention of existing foreign investment rules by allowing FDI in businesses such as multi-brand retail, where it is currently prohibited

There are strong views on both sides of this argument, the official said, and "a final view will be taken after taking everybody's concerns into account"

Mint had reported on 28 May that DIPP is looking to plug loopholes in the new FDI guidelines by keeping "sensitive sectors" such as multibrand retail out of its ambit

The official said minister for commerce and industry Anand Sharma has asked the department to look at the concerns raised about the new guidelines Still, it is unlikely that the new FDI guidelines will be completely overhauled
Soon after he took charge at the ministry, Sharma termed the new FDI policy regime a "well-considered" decision taken by an empowered group of ministers after much deliberation
There is no need for a com- prehensive review, he had said then

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