Foreign Exchange Management (Overseas Investment) Directions, 2022
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Overseas investment regime clarified: new rules streamline permissions, reporting and introduce late submission fee for delays.
The Directions operationalise the new Overseas Investment regime, replacing JV/WOS with the concepts of foreign entity and Indian entity, introducing strategic sector exceptions, and clarifying ODI/OPI definitions. They streamline permissions by widening the automatic route and dispensing with approvals for specified transactions, set procedures and documentation obligations for approval route cases via designated AD banks and online reporting (Form FC/ODI/OPI) with UIN allotment, define aggregation and treatment of financial commitments (including guarantees, pledges and ECB/EEFC/ADR/GDR reckoning), and establish reporting, compliance and Late Submission Fee rules with penalties and restrictions on further remittances until regularisation.