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Step 2 – Draft Generation
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• Relevant statutory provisions
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• Issue-wise legal analysis
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A Standard Operating Procedure (SOP) has been issued on 29th June, 2017 for processing Foreign Direct Investment (FDI) proposals by Department for Promotion of Industry & Internal Trade (DPIIT) (earlier known as Department of Industrial Policy & Promotion) which is available on the website: fifp.gov.in. As per the SOP, 8 to 10 weeks’ time has been fixed for decision on the proposals, excluding the time taken by applicants in removing deficiencies in the proposals/supplying additional information as may be required by the competent authority. Further, to ensure timely disposal of FDI proposals, periodic review is undertaken by DPIIT with other stakeholder Ministries/Departments.
The number of FDI proposals received under Government approval route in the last three years and in the current year, upto June, 2019 is as under:
S.No. | Calendar Year | Number of Proposals Received |
1. | 2016 | 199 |
2. | 2017 | 122 |
3. | 2018 | 117 |
4. | Upto June 2019 | 55 |
It may be noted that, in the extant FDI Policy, except for a small negative list, most sectors are open for 100% FDI under automatic route. In the financial year 2018-19, 94.53% FDI equity inflow was received under automatic route. Further, the FDI inflows have been consistently rising each year which can be seen from the table below:
S. No. | Financial Year | Total FDI Inflows (in USD billion) |
1. | 2016-17 | 60.22 |
2. | 2017-18 | 60.97 |
3. | 2018-19 | 64.38 |
4. | 2019-20 (up to April, 2019) | 6.95 |
NOTE: Figures are provisional subject to reconciliation with RBI
To promote FDI, the Government has put in place an investor-friendly policy, wherein except for a small negative list, most sectors are open for 100% FDI under the automatic route. Further, the policy on FDI is reviewed on an ongoing basis, to ensure that India remains attractive & investor friendly destination. Changes are made in the policy after having consultations with stakeholders including apex industry chambers, associations, representatives of industries/groups and other organizations taking into consideration their views/comments. However, FDI is largely a matter of private business decisions. FDI inflows depend on a host of factors such as availability of natural resource, market size, infrastructure and general investment climate as well as macro-economic stability and investment decision of foreign investors.
This information was given by the Minister of Commerce and Industry, Piyush Goyal, in a written reply in the Rajya Sabha today.
Fast-track FDI processing: SOP timelines and inter-ministerial review support quicker decisions while most sectors use automatic approval. Fast-track processing for FDI proposals is governed by a Standard Operating Procedure requiring decisions within a prescribed timeframe, with pauses allowed for applicants to rectify deficiencies; periodic inter-ministerial reviews support timely disposal. The FDI policy permits 100% foreign investment in most sectors under the automatic route except a limited negative list, and is subject to ongoing review and stakeholder consultation while recognising commercial determinants of inflows.Press 'Enter' after typing page number.