Prohibition on Indian Party from making direct investment in countries identified by the Financial Action Task Force (FATF) as “Non Co-operative countries and territories”
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Prohibition on direct overseas investment bars investments into FATF non-cooperative jurisdictions, with banks required to notify clients under FEMA. Indian parties are prohibited from making direct overseas investments-whether as joint ventures, wholly owned subsidiaries, or step down subsidiaries-in jurisdictions identified by the FATF as non co operative countries and territories, as per the FATF list or RBI notification; this prohibition is implemented by amendment to the FEMA notification, Authorised Dealer Category I banks must inform constituents, and Master Directions will be updated, with the directions issued under FEMA without prejudice to other statutory permissions.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Prohibition on direct overseas investment bars investments into FATF non-cooperative jurisdictions, with banks required to notify clients under FEMA.
Indian parties are prohibited from making direct overseas investments-whether as joint ventures, wholly owned subsidiaries, or step down subsidiaries-in jurisdictions identified by the FATF as non co operative countries and territories, as per the FATF list or RBI notification; this prohibition is implemented by amendment to the FEMA notification, Authorised Dealer Category I banks must inform constituents, and Master Directions will be updated, with the directions issued under FEMA without prejudice to other statutory permissions.
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