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        Case ID :

        Relaxation in FDI Sectoral Cap

        August 12, 2015

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        FDI policy is reviewed on an ongoing basis and significant changes are made in the FDI policy regime, from time to time, to ensure that India remains increasingly attractive and investor-friendly investment destination. Changes are made in the Policy after having intensive consultation with stakeholders including concerned Ministries/ Departments, Apex Industries Chambers and other organization.

         FDI up to 100% is allowed on the automatic route in most sectors/activities subject to applicable laws/ regulations; security and other conditionalities.

         During 2014-15 and 2015-16, the Government announced key FDI reforms in the defence and railways sectors. The entire range of rail infrastructure was opened to 100% FDI under the automatic route, and in defence, sectoral cap was raised to 49%. To boost infrastructure creation and to bring pragmatism in the policy, the Government reviewed the FDI policy in the construction development sector also by creating easy exit norms, rationalizing area restrictions and providing due emphasis to affordable housing. To give impetus to the medical devices sector, a carve out was created in FDI policy on the pharmaceutical sector and now 100% FDI under automatic route is permitted. The Government, in order to expand insurance cover to its large population and to provide required capital to insurance companies, raised the FDI limit in the sector to 49%. Pension sector has also been opened to foreign direct investment up to the same limit. The FDI policy provisions pertaining to NRI investment have also been clarified by providing that for the purposes of FDI policy, investment by NRIs under Schedule 4 of FEMA (Transfer or Issue of Security by Persons Resident Outside India) Regulations will be deemed to be domestic investment at par with the investment made by residents.

         To bring uniformity and simplicity in the FDI policy, the Government has introduced composite caps on foreign investments in the country. Composite cap is applicable across the sectors and is meant to attract foreign investment.

         These measures are expected to increase FDI, which complements and supplements domestic investment. Domestic companies are benefited through FDI, by way of enhanced access to supplementary capital and state-of-art-technologies; exposure to global managerial practices and opportunities of integration into global markets resulting into accelerated domestic growth of the whole country including Karnataka.

         This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Rajya Sabha today.

        Foreign direct investment policy relaxation expands automatic-route sectoral caps and introduces composite caps to attract investment. Relaxation in sectoral caps under the Foreign Direct Investment policy expands automatic-route FDI access and introduces composite caps. Key reforms include 100% automatic-route FDI in many sectors and rail infrastructure, a 49% cap in defence and in insurance and pension sectors, a 100% carve out for certain medical devices activities, eased norms for construction development focused on affordable housing, and treatment of specified NRI investments under FEMA Schedule 4 as domestic investment.
                          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.

                                Foreign direct investment policy relaxation expands automatic-route sectoral caps and introduces composite caps to attract investment.

                                Relaxation in sectoral caps under the Foreign Direct Investment policy expands automatic-route FDI access and introduces composite caps. Key reforms include 100% automatic-route FDI in many sectors and rail infrastructure, a 49% cap in defence and in insurance and pension sectors, a 100% carve out for certain medical devices activities, eased norms for construction development focused on affordable housing, and treatment of specified NRI investments under FEMA Schedule 4 as domestic investment.





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