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Foreign direct investment (FDI) in India has played an important role in the
development of the Indian economy. FDI in India has - in a lot of ways -
enabled India to achieve a certain degree of financial stability, growth and
development. This money has allowed India to focus on the areas that may
have needed economic attention, and address the various problems that
continue to challenge the country.
India has continually sought to attract FDI from the world’s major investors. In
1998 and 1999, the Indian national government announced a number of
reforms designed to encourage FDI and present a favorable scenario for
investors.
By 2004, India received $5.3 billion in FDI, big growth compared to previous
years, but less than 10% of the $60.6 billion that flowed into China. Why does
India, with a stable democracy and a smoother approval process, lag so far
behind China in FDI amounts?
. The integration of EME financial firms into the global market has
resulted a wider diversity of financial institutions operating in EMEs and given
greater emphasis on risk-adjusted profitability. These include expansion into
local retail banking and securities markets, where elements such as client
relationships and reputation are important components of the franchise value
of operations. Such factors have tended to raise the costs of exiting a country
and hence increased the permanence of FSFDI.
The growing involvement of foreign firms in the financial systems of EMEs has
given rise to a situation where majorities of EME banking assets have become
foreign owned.
The growing involvement of foreign firms in the financial systems of EMEs has
given rise to a situation where majorities of EME banking assets have become
foreign owned.
Economic Reforms introduced since 1991 have radically changed the course
of the Indian economy and has led to its gradual integration with the global
economy. The effect of this reform process on trade and investment relation
with US is profound. USA is the largest investing country in India in terms of
FDI approvals, actual inflows, and portfolio investment. US investments cover
almost every sector in India, which is open for private participants. India's
investments in USA are picking up. USA is also India's largest trading partner.
By 2003, India became the 24th largest export destination for the US. In terms
of exports to the US, India now ranks eighteenth largest country.
US investment in India
With regards to FDI U.S. is one of the largest foreign direct investors in India.
The stock of actual FDI Inflow increased from U.S. $11.3 million in 1991 to US
$4132.8 million as on August 2004 recording an increase at a compound rate
of 57.5 percent per annum. The FDI inflows from the US constitute about 11
percent of the total actual FDI inflows into India.
Top sectors attracting FDI from USA are: Fuels (Power & Oil Ref.) (35.93%),
Telecommunications (radio paging, cellular mobile & basic telephone services
(10.56%) Electrical Equipment (including Computer Software & Electronics)
(9.50%), Food Processing Industries (Food products & marine products)
(9.43%), and Service Sector (Fin. & Non-Fin. Services) (8.28%).
India's investment in US
India's direct investment abroad was initiated in 1992. Streamlining of the
procedures and substantial liberalization has been done since 1995. As of
now, Indian corporate/Registered partnership firms are allowed to invest
abroad upto 100% of their net worth and are permitted to make overseas
investments in business activity.
The overall annual ceiling on overseas investment and also the requirement
of prior approval of RBI for diversification of activity and for transfer by way of
sales of shares have been done away with. The need for opening up the
regime of Indian investments overseas has been the need to provide Indian
industry access to new markets and technologies with a view to increasing
their competitiveness globally
Since 1996 and upto September 2004, the total approved Indian investment
abroad amounts to US $ 11083.11 mln, of which 60.9% has been the actual
outflow. US share ($ 2080.367 mln.) constitutes 18.77% of the total approval.
Since 1996, USA attracted highest Indian direct investments (US$ 2080.367
mn) followed by Russia (US$ 1751.39 mn), Mauritius (US$ 948.864 mn) and
Sudan (US$ 912.03 mn). India's outgoing investments has been largest in the
field of manufacturing (54.8%) followed by non-financial services including
software development (35.4%).
In the current financial year 2004-05(April- August, 2004) actual outflows from
India on account of overseas investment was US$ 575.14 million as
compared to US$ 384.49 million in the corresponding period of last year. In
the current year, USA attracted highest Indian direct investments (US$ 125.4
mn) followed by Australia (US$ 116.33 mn), Kazakhstan (US$ 39.05 mn) and
Hong Kong (US$ 28.49 mn). India's outgoing investments was largest in the
field of manufacturing at US$ 279.07 million followed by non-financial services
(including software development) at US$ 75.27 million, Others at US$ 61.27
million and Trading Sector at US$ 30.3 million. The returns on account of
repatriation of dividend, royalty, consultancy fee etc. from overseas JV/WOS
during April-August, 2004 amounted to US$ 40.87 million.
The Inflow of FDI into the country over various years is as follows:
Though the services sector in India constitutes the largest share in the Gross
Domestic Product, still it has failed to some extent in attracting more funds in
the forms of investments.
Important sectors of the Indian Economy attracting more investments into the
country are as follows:
• Transportation Industry
• Metallurgical Industries
The term hotels include restaurants, beach resorts, and other tourist complexes providing
accommodation and/or catering and food facilities to tourists. Tourism related industry
include travel agencies, tour operating agencies and tourist transport operating agencies,
units providing facilities for cultural, adventure and wild life experience to tourists, surface,
air and water transport facilities to tourists, leisure, entertainment, amusement, sports,
and health units for tourists and Convention/Seminar units and organizations.
i. up to 3% of the capital cost of the project is proposed to be paid for technical and
consultancy services including fees for architects, design, supervision, etc.
ii. up to 3% of net turnover is payable for franchising and marketing/publicity
support fee, and up to 10% of gross operating profit is payable for management
fee, including incentive fee.
i. Merchant banking
ii. Underwriting
iii. Portfolio Management Services
iv. Investment Advisory Services
v. Financial Consultancy
vi. Stock Broking
vii. Asset Management
viii. Venture Capital
ix. Custodial Services
x. Factoring
xi. Credit Reference Agencies
xii. Credit rating Agencies
xiii. Leasing & Finance
xiv. Housing Finance
xv. Foreign Exchange Brokering
xvi. Credit card business
xvii. Money changing Business
xviii. Micro Credit
xix. Rural Credit
ii) For FDI above 51% and up to 75% - US $ 5 million to be brought upfront
iii) For FDI above 75% and up to 100% - US $ 50 million out of which US $ 7.5
million to be brought upfront and the balance in 24 months
d. Foreign investors can set up 100% operating subsidiaries without the condition to
disinvest a minimum of 25% of its equity to Indian entities, subject to bringing in US$ 50
million as at b) (iii) above (without any restriction on number of operating subsidiaries
without bringing in additional capital)
e. Joint Venture operating NBFC's that have 75% or less than 75% foreign investment
will also be allowed to set up subsidiaries for undertaking other NBFC activities, subject to
the subsidiaries also complying with the applicable minimum capital inflow i.e. (b)(i) and
(b)(ii) above.
f. FDI in the NBFC sector is put on automatic route subject to compliance with
guidelines of the Reserve Bank of India. RBI would issue appropriate guidelines in this
regard.
Proposals for FDI beyond 49% shall be considered by FIPB on case to case basis.
i. 100% FDI is permitted in case of trading companies for the following activities:
• exports;
• bulk imports with ex-port/ex-bonded warehouse sales;
• cash and carry wholesale trading;
• other import of goods or services provided at least 75% is for procurement and
sale of goods and services among the companies of the same group and not for
third party use or onward transfer/distribution/sales.
ii. The following kinds of trading are also permitted, subject to provisions of EXIM Policy:
a. Companies for providing after sales services (that is not trading per se)
b. Domestic trading of products of JVs is permitted at the wholesale level for such
trading companies who wish to market manufactured products on behalf of their
joint ventures in which they have equity participation in India.
c. Trading of hi-tech items/items requiring specialized after sales service
d. Trading of items for social sector
e. Trading of hi-tech, medical and diagnostic items.
f. Trading of items sourced from the small scale sector under which, based on
technology provided and laid down quality specifications, a company can market
that item under its brand name.
g. Domestic sourcing of products for exports.
h. Test marketing of such items for which a company has approval for manufacture
provided such test marketing facility will be for a period of two years, and
investment in setting up manufacturing facilities commences simultaneously with
test marketing.
FDI proposals for the manufacture of licensable drugs and pharmaceuticals and bulk drugs
produced by recombinant DNA technology, and specific cell / tissue targeted formulations
will require prior Government approval.
3. Up to 40% Equity with full repatriation: New Issues of Existing Companies raising
Capital through Public Issue up to 40% of the new Capital Issue.
4. On non-repatriation basis: Up to 100% Equity in any Proprietary or Partnership
engaged in Industrial, Commercial or Trading Activity.
5. Portfolio Investment on repatriation basis: Up to 1% of the Paid up Value of the
equity Capital or Convertible Debentures of the Company by each NRI. Investment
in Government Securities, Units of UTI, National Plan/Saving Certificates.
6. On Non-Repatriation Basis: Acquisition of shares of an Indian Company, through a
General Body Resolution, up to 24% of the Paid Up Value of the Company.
7. Other Facilities: Income Tax is at a Flat Rate of 20% on Income arising from
Shares or Debentures of an Indian Company.
See also Government Approvals for Investing in India | Entry Strategies in India for
Foreign Investors
Foreign Direct Investment in Small Scale Industries (SSI's)
in India
Recently, India has allowed Foreign Direct Investment up to 100% in many
manufacturing industries which were designated as Small Scale Industries.
While industrial policy reforms began with the new industrial policy statement
of 1991, India remained wary of intruding on the politically sensitive issue of
reservation for small-scale industry till the end of the 1990s.
Thus, while at the turn of the millennium the number of items reserved for
SSI units had come down from its peak of 873 in 1984, well over 800 items
remained on the list.
Since 2002, the scenario has changed dramatically. In these last seven
years, around 790 items - including things like farm equipment, toothpaste,
ice cream, footwear, detergents and even garments - have been knocked off
the list.
Thus, for the first time in over 40 years, there are today as few as 35 items
reserved for SSI units. When the policy of reservation was first introduced in
1967, there were just 47 items reserved for small-scale manufacturers.
However, what was till then an administrative decision was given legal
backing by an amendment enacted in 1984 to the Industries (Development
and Regulation) Act, 1951. That year also saw the number of items reserved
reaching a peak of 873.
Reservation means that units producing the reserved items cannot go beyond
a stipulated cap on investment in plant and machinery. Moreover, FDI was
allowed on a limited basis in SSI's.
In the old days, therefore, it was standard practice for mass consumption
items covered by the reserved list to be farmed out by large marketing
companies to dozens of small units, thereby negating economies of scale.
Apart from the steady trickle of de-reservation over the last decade, one of
the measures taken to get over this problem without confronting the political
problems involved was to allow foreign investment even in reserved items
with the caveat that such units would have to fulfill an export obligation.
For players who were already manufacturing items that were suddenly
reserved in 1967, the government came up with what was carry-on-business
license which capped their capacity, and fixed the location of the plant and
the goods produced.
The latest de-reservation means that pastries, hard boiled sugar candy and
Foreign Direct Investment in Small Scale Industries (SSI's) in
India
Recently, India has allowed Foreign Direct Investment up to 100% in many
manufacturing industries which were designated as Small Scale Industries.
While industrial policy reforms began with the new industrial policy statement of
1991, India remained wary of intruding on the politically sensitive issue of
reservation for small-scale industry till the end of the 1990s.
Thus, while at the turn of the millennium the number of items reserved for SSI
units had come down from its peak of 873 in 1984, well over 800 items remained
on the list.
Since 2002, the scenario has changed dramatically. In these last seven years,
around 790 items - including things like farm equipment, toothpaste, ice cream,
footwear, detergents and even garments - have been knocked off the list.
Thus, for the first time in over 40 years, there are today as few as 35 items
reserved for SSI units. When the policy of reservation was first introduced in
1967, there were just 47 items reserved for small-scale manufacturers.
However, what was till then an administrative decision was given legal backing by
an amendment enacted in 1984 to the Industries (Development and Regulation)
Act, 1951. That year also saw the number of items reserved reaching a peak of
873.
Reservation means that units producing the reserved items cannot go beyond a
stipulated cap on investment in plant and machinery. Moreover, FDI was allowed
on a limited basis in SSI's.
In the old days, therefore, it was standard practice for mass consumption items
covered by the reserved list to be farmed out by large marketing companies to
dozens of small units, thereby negating economies of scale.
Apart from the steady trickle of de-reservation over the last decade, one of the
measures taken to get over this problem without confronting the political
problems involved was to allow foreign investment even in reserved items with
the caveat that such units would have to fulfill an export obligation.
For players who were already manufacturing items that were suddenly reserved
in 1967, the government came up with what was carry-on-business license which
capped their capacity, and fixed the location of the plant and the goods produced.
The latest de-reservation means that pastries, hard boiled sugar candy and tooth
powder can be manufactured by large units too. Similarly, buckets, paper bags,
paper cups, envelopes, letter pads, paper napkins might not be manufactured
only in small units but also in specialized factories.
The same for sesame and rapeseed oil, which are not solvent extracted, a host of
chemicals and dyes paints be it distempers.
Electrical goods, which include geysers, hot air blowers and toasters, too are out
of the reserved list, as are ballpoint and fountain pens.
The remaining 35 items that would be produced by the SSI sector are food and
allied items, wood, wood products, paper, paper products, plastic products,
organic chemicals, drugs, drug intermediates, other chemicals, chemical
products, glass, ceramics, mechanical engineering and electrical machines,
appliances and apparatus.
In a nutshell, only 35 items remain reserved for the small scale industries sector.
For foreign investors, it means that in those 35 reserved sectors foreign
investment is allowed on a limited basis, except where certain conditions are met.
FDI in Civil aviation up to 74% will now be allowed through the automatic route
for non-scheduled and cargo airlines, as also for ground handling activities.
100% FDI in aircraft maintenance and repair operations has also been allowed.
But the big one, allowing foreign airlines to pick up a stake in domestic carriers
has been given a miss again.
India has decided to allow 26% FDI and 23% FII investments in commodity
exchanges, subject to the proviso that no single entity will hold more than 5% of
the stake.
Sectors like credit information companies, industrial parks and construction and
development projects have also been opened up to more foreign investment.
Also keeping India's civilian nuclear ambitions in mind, India has also allowed
100% FDI in mining of titanium, a mineral which is abundant in India.
Sources say the government wants to send out a signal that it is not done with
reforms yet. At the same time, critics say contentious issues like FDI and multi-
brand retail are out of the policy radar because of political compulsions. (Jan
2008)