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        News and Press Release

        Revision in FDI Regulations

        February 17, 2009

        📋
        Contents
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        Government has put in place a liberal and investor-friendly policy on Foreign Direct Investment (FDI) under which FDI up to 100% is permitted on the automatic route in most sectors / activities. The UNCTAD's World Investment Reports for 2007 and 2008 have rated India as the second most attractive investment destination.

        The policy on FDI is reviewed on a continuing basis through inter-ministerial consultations. A statement giving the extant FDI policy on sensitive sectors viz., Defence, Aviation, Print Media and Telecom is as below: 

        1. Defence Production:

        FDI up to 26%, under the FIPB route, is allowed for Defence Production subject to licensing under Industries (Development & Regulation) Act, 1951 and guidelines on FDI in production of arms & ammunition.

        2. FDI Policy for Air Transport Services Sector:

        Government has allowed the following:

        No foreign airlines would be allowed to participate directly or indirectly in the equity of an Air Service Undertaking;

        FDI up to 49% and investment by Non-resident Indians (NRI) up to 100% will be allowed on the automatic route in Domestic Scheduled Passenger Airline Sector;

        FDI up to 74% and investment by Non-resident Indians (NRI) up to 100% will be allowed on the automatic route in Non Scheduled airlines, Chartered airlines, and Cargo airlines;

        FDI up to 74% and investment by NRI up to 100% will be allowed on the automatic route in Ground Handling Services; and

        FDI up to 100% will be allowed on the automatic route in Maintenance and Repair organizations; flying training institutes; technical training institutions; and helicopter services/seaplane services.

        3. Telecommunications

         

        Sector

        Equity Cap

        Entry route

        Other Conditions

        a)

         Basic and cellular,  Unified Access  Services, National/ International Long Distance, V-Sat, Public Mobile Radio Trunked Services (PMRTS), Global Mobile Personal

        Communications Services (GMPCS) and other value added telecom services

        74% (Including

        FDI, FII, NRI,

        FCCBs, ADRs,

        GDRs, convertible

        Preference

        shares, and

        proportion-

        nate foreign

        equity in Indian

        promoters/ Investing Company)

        Automatic up to 49%.

         

         

        FIPB

        beyond

        49%.

        Subject to guidelines notified in the PN 3(2007)

        b)

        ISP with gateways, radio-paging, end-to-end bandwidth.

        74%

        Automatic up to 49%.

        FIPB

        beyond

        49%.

        Subject to licensing and security requirements notified by the Dept. of Telecommunications.

          c)

        (a) ISP without gateway,

        (b) infrastructure

        provider providing dark fibre, right of way, duct space, tower (Category I);

        (c) electronic mail and voice mail.

         

        100%

        Automatic up to 49%.

         

        FIPB

        beyond

        49%.

        Subject to the condition that such companies shall divest 26% of their equity in favour of Indian public in 5 years, if these companies are listed in other parts of the world. Also subject to licensing and security requirements, where required.

          d)

        Manufacture of telecom equipments

        100%

        Automatic

        Subject to sectoral requirements.

         

        4. Print Media          

        a.

        Publishing of newspaper and periodicals dealing with news and current affairs

        26%

        FIPB

        Subject to Guidelines notified by Ministry of Information & Broadcasting.

        www.mib.nic.in

        b.

        Publishing of scientific magazines/specialty journals/periodicals

        100%

        FIPB

        Subject to guidelines issued by Ministry of Information & Broadcasting.

        www.mib.nic.in

        c.

        Publishing of facsimile edition of foreign newspapers.

        100%

        FIPB

        Subject to guidelines issued by Ministry of Information & Broadcasting.

        Press Note 1 of 2009.

        d.

        Publication of Indian editions of foreign magazines dealing with news & current affairs.

        26%

        (FDI & Investment by NRIs/PIOs/FII)

        FIPB

        Subject to guidelines issued by Ministry of Information & Broadcasting.

        Press Note 1 of 2009.

        This information was given by Shri Ashwani Kumar, Minister of State for Industry, in a written reply in the Lok Sabha today.

        FDI caps in sensitive sectors limit ownership and set automatic versus approval entry routes with conditional safeguards. Revisions prescribe sectoral equity ceilings, entry routes (automatic or approval), and activity specific conditions: defence production requires approval and licensing; air transport categories face caps and either automatic entry or approval with some services permitted full foreign ownership; telecommunications classes have differentiated ceilings, licensing, security conditions and in some cases mandated divestment to Indian public shareholders; print media involving news content is subject to restrictive foreign participation limits and ministry guidelines while non-news publications may receive higher foreign investment subject to approval.
                          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 caps in sensitive sectors limit ownership and set automatic versus approval entry routes with conditional safeguards.

                                Revisions prescribe sectoral equity ceilings, entry routes (automatic or approval), and activity specific conditions: defence production requires approval and licensing; air transport categories face caps and either automatic entry or approval with some services permitted full foreign ownership; telecommunications classes have differentiated ceilings, licensing, security conditions and in some cases mandated divestment to Indian public shareholders; print media involving news content is subject to restrictive foreign participation limits and ministry guidelines while non-news publications may receive higher foreign investment subject to approval.





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