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        Case ID :

        Restricting FDI Inflows From China in The Strategic Sector

        December 11, 2021

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        The financial year wise details of Foreign Direct Investment (FDI) Equity inflow reported from China in various sectors for the last three financial years is as below:

        Sl No

        Sector

        2018-19
        Apr-Mar

        2019-20
        Apr-Mar

        2020-21
        Apr-Mar

        FDI Equity inflows

         

         

        Amount in US$

        1

        SERVICES SECTOR

        24,653,869.35

        14,212,553.23

        3,983,728.45

        42,850,151.03

        2

        Others

        204,351,853.63

        149,563,897.59

        56,665,107.73

        410,580,858.95

         

        Grand Total

        229,005,722.98

        163,776,450.82

        60,648,836.18

        453,431,009.98

        In order to curb opportunistic takeovers/acquisitions of Indian companies due to the COVID-19 pandemic, the Government, vide Press Note 3 (2020) dated 17.04.2020 read with Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2020 dated 22.04.2020, amended the FDI policy according to which an entity of a country, which shares land border with India or where the beneficial owner of an investment into India is situated in or is a citizen of any such country, can invest only under the Government route. Further, in the event of the transfer of ownership of any existing or future FDI in an entity in India, directly or indirectly, resulting in the beneficial ownership falling within the restriction/purview of the said policy amendment, such subsequent change in beneficial ownership will also require Government approval.

        As per the Standard Operating Procedure (SOP) for processing FDI Proposals dated 9.11.2020, applications arising out of Press Note 3 (2020) dated 17.04.2020 read with Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2020 dated 22.04.2020, require security clearance from Ministry of Home Affairs.

        This information was given by the Minister of State in the Ministry of Commerce and Industry, Shri SomParkash, in a written reply in the Rajya Sabha.

        FDI from neighboring-country linked entities requires government route and security clearance for strategic sector investments. Investments by entities whose beneficial owner is situated in or is a citizen of a country sharing a land border with India must be made only under the Government route, and any transfer of ownership that brings beneficial ownership within this restriction requires prior government approval; applications under this policy require a security clearance requirement as part of the processing procedure.
                          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.

                                FDI from neighboring-country linked entities requires government route and security clearance for strategic sector investments.

                                Investments by entities whose beneficial owner is situated in or is a citizen of a country sharing a land border with India must be made only under the Government route, and any transfer of ownership that brings beneficial ownership within this restriction requires prior government approval; applications under this policy require a security clearance requirement as part of the processing procedure.





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                                ActsIncome Tax
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