TaxTMI 
TaxTMI 
TaxTMI 
Guidelines for consideration of proposals for acceptance of foreign hospitality under the Foreign Contribution (Regulation) Act, 2010
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....1. The provisions under the Act/Rules relating to 'foreign hospitality' and guidelines to be followed for consideration of proposals for acceptance of the same are hereby circulated for information and compliance by all concerned. 2. Statutory Provisions: The relevant provisions of FCRA, 2010 are reproduced below: Section 2 (1) (i): "Foreign Hospitality" means any offer, not being a purely casual one, made in cash or kind by a foreign source for providing a person with the costs of travel to any foreign country or territory or with free boarding, lodging, transport or medical treatment. Section 2 (1) (j): "Foreign source" includes - (i) the Government of any foreign country or territory and any agency of such Government; (ii)....
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....l corporation if such corporation - (a) has a subsidiary or branch or place of business in two or more countries or territories; or (b) carries on business, or otherwise operates, in two or more countries or territories. Section 2 (1) (k): "Legislature" means - (A) either House of Parliament; (B) the Legislative Assembly of a State, or in the case of a State having a Legislative Council, either House of the Legislature of that State; (C) Legislative Assembly of a Union Territory constituted under the Government of Union Territories Act,1963; (D) Legislative Assembly for the National Capital Territory of Delhi referred to in the Government of National Capital Territory of Delhi Act,1991; (E) Municipality as defined in clause (....
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....pt, except with the prior permission of the Central Government, any foreign hospitality: Provided that it shall not be necessary to obtain any such permission for an emergent medical aid needed on account of sudden illness contracted during a visit outside India, but, where such foreign hospitality has been received, the person receiving such hospitality shall give, within one month from the date of receipt of such hospitality an intimation to the Central Government as to the receipt of such hospitality, and the source from which, and the manner in which, such hospitality was received by him. Section 9 - Power of the Central Government to prohibit receipt of foreign hospitality in certain cases - The Central Government may - ..... (b....
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....ll be accompanied by an invitation letter from the host or the host country, as the case may be, and administrative clearance of the Ministry or Department concern in case of visits sponsored by a Ministry or Department of the Government. (3) The application for grant of permission to accept foreign hospitality must reach the appropriate authority ordinarily two weeks before the proposed date of onward journey. (4) In case of emergent medical aid needed on account of sudden illness during a visit abroad, the acceptance of foreign hospitality shall be required to be intimated to the Central Government within sixty days of such receipt giving full details including the source, approximate value in Indian Rupees, and the purpose for which ....
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....ncerned, approved by the Ministry of Finance (Department of Economics Affairs). (viii) Cases involving long term/short term foreign training courses approved by the Ministry of Personnel, Training and Public Grievances. 7. The responsibility of ensuring full compliance with the provisions FCRA, 2010 lies with the person proposing to avail the foreign hospitality. It should, therefore, be ensured that the foreign visit involving acceptance of foreign hospitality is undertaken only after obtaining the requisite permission under the said Act. 8. Permission accorded under FCRA, 2010 to accept foreign hospitality should not be construed as equivalent to administrative clearance, which has to be obtained separately by the person concerned fro....