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Customs & Trade
Dated:- 11-9-2026
PTI
BRICS supports reform of international financial governance to increase emerging-market and developing-economy representation in the IMF and World Bank through quota and voting realignment. It opposes unilateral tariffs and non-tariff measures that distort trade and conflict with WTO rules, while supporting a rules-based multilateral trading system. BRICS also promotes local-currency trade and investment settlements and interoperable cross-border payment mechanisms, without creating a common currency or unified payment system. Development-finance cooperation includes expanded local-currency financing, project preparation, private-capital mobilisation and a phased, member-driven investment platform.

Definitions
Act Rules Indian Laws
Regulation 83 of the International Financial Services Centres Authority (Fund Management) Regulation...
Investment Trust definitions govern REITs, InvITs, their assets, participants and ownership structures. Eligible infrastructure projects include specified PPP projects, qualifying pre-COD projects and non-PPP projects holding requisite construction approvals. Holding companies and SPVs must meet prescribed control, ownership, asset-holding and permitted-activity conditions, subject to PPP restrictions. Trustees hold assets for investors, investment managers manage assets and investments, and project managers undertake project execution or management. Sponsor groups include sponsors, controlled entities, controlling persons and related controlled entities.

Investment Trust in IFSCs
Act Rules Indian Laws
Regulation 82 of the International Financial Services Centres Authority (Fund Management) Regulation...
Investment Trusts operating in IFSCs require registration with the Authority. They may raise funds through public issues or private placements, with units either listed on a recognised stock exchange or, in the case of private placement, unlisted. Recognised stock exchanges must prescribe requirements for listed or proposed-to-be-listed units, including offer-document disclosures, continuing obligations, trading, clearing and settlement. Investment Trusts must comply with the applicable exchange requirements.

Multi-Family Office
Act Rules Indian Laws
Regulation 81 of the International Financial Services Centres Authority (Fund Management) Regulation...
Multi-family office portfolio management services may be provided by a Fund Management Entity under a portfolio management agreement. The Authority may prescribe additional conditions and additional permissible investments for Fund Management Entities providing such services.

Advisory Services
Act Rules Indian Laws
Regulation 80 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management advisory services by a Fund Management Entity require a prior agreement with prospective clients. The entity must comply with Regulations 43 to 50 and the applicable code of conduct under the IFSCA (Capital Market Intermediaries) Regulations, 2021. Advisory services may be provided only for portfolios valued at not less than USD 75,000.

General Obligations
Act Rules Indian Laws
Regulation 79 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management services require agreed client fees without any direct or indirect guarantee or assurance of returns. Discretionary portfolio management must be independently tailored to each client's needs and must not have the character of a retail fund, while non-discretionary management must follow client directions. The FME must ensure compliant distribution, report performance uniformly across required disclosures and communications, conduct annual audits of managed portfolio accounts, and provide the audit certificate to each client.

Investment Restrictions
Act Rules Indian Laws
Regulation 78 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management must follow the client agreement, and derivatives investments require express client consent. Client transactions must generally involve actual delivery or transfer of securities, except derivatives. Client funds and securities must remain segregated from the FME's assets. Aggregated transactions require pro rata allocation at the weighted average price without open allocation positions. Omnibus accounts require prior consent and separate earmarking of client securities. Portfolio managers, except advisory-only providers, must appoint a custodian.

Dealing with Client Funds
Act Rules Indian Laws
Regulation 77 of the International Financial Services Centres Authority (Fund Management) Regulation...
An FME must observe a minimum investment threshold for portfolio management clients, subject to an exemption for accredited investors. Client funds may be held through specified FME, client, or regulated broker-dealer accounts, subject to operational authority, compliance controls, and disclosure of account and transaction details when directed. Client securities must generally be segregated, with omnibus structures permitted only with prior client consent and separate earmarking. The FME must accurately record client account movements, act in a fiduciary capacity, avoid benefiting from client assets, and not borrow on a client's behalf.

Report to the Client
Act Rules Indian Laws
Regulation 76 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management client reporting requires the FME to furnish periodic reports in accordance with the client agreement. Reports must include the portfolio's composition and value, transactions undertaken during the reporting period, beneficial interest received, management expenses, and risks relating to securities recommended for investment or disinvestment by the portfolio manager. Each report may be provided online through access restricted to the relevant client.

Portfolio Management Agreement
Act Rules Indian Laws
Regulation 75 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management agreements must be written and define the relationship, rights, liabilities and obligations of the Fund Management Entity and client, including investment objectives, risks, fees and contract duration. Client funds or securities may be withdrawn before maturity despite contrary contractual terms if either party terminates portfolio management services, the Fund Management Entity's registration is suspended or cancelled, or it enters bankruptcy or liquidation.

Disclosures
Act Rules Indian Laws
Regulation 74 of the International Financial Services Centres Authority (Fund Management) Regulation...
Portfolio management disclosure requirements require an FME to provide a disclosure document before entering into a portfolio management agreement and to publish it on its website. The disclosure must address services, risks, client representation, financial and portfolio-manager performance, auditor observations, expenses, taxation, investor grievance redressal, and regulatory litigations involving the portfolio manager and specified senior persons.

Eligible FME and Clients
Act Rules Indian Laws
Regulation 73 of the International Financial Services Centres Authority (Fund Management) Regulation...
Registered FMEs may provide portfolio management services to non-residents, non-resident Indians, and Indian residents eligible under FEMA to invest or remit funds offshore within applicable limits. An IFSC portfolio manager may invest in securities and financial products in an IFSC, India, or a foreign jurisdiction. Discretionary portfolio management services are limited to listed, proposed-to-be-listed, or traded securities, money market instruments, units of investment schemes, and other financial products specified by the Authority.

Regulation 72 of the International Financial Services Centres Authority (Fund Management) Regulation...
Fund management entities managing assets under management above the prescribed threshold must establish governance policies for material sustainability-related risks and opportunities and disclose their risk-management and investment-integration processes annually. FMEs launching ESG-related schemes must disclose the investment objective, policy, strategy, material risks and benchmark. Scheme documents must state whether sustainability-related risks are incorporated into investment decision-making, with a negative statement required where they are not incorporated.

Disclosures to investors
Act Rules Indian Laws
Regulation 71 of the International Financial Services Centres Authority (Fund Management) Regulation...
ETF offer documents must provide all material information required for informed investment decisions, including investment objectives, investor profile, strategy, methodology, fees, expenses, risk management, and relevant fund management entity and ETF details. Material changes to fund strategy require consent from at least two-thirds of investors by value. NAV must be disclosed daily, ETF portfolios must be disclosed in the stated manner, and any further material information must be communicated immediately. Fund management entities and fiduciaries must ensure compliance with applicable disclosure requirements.

Redemption of ETFs to Investors
Act Rules Indian Laws
Regulation 70 of the International Financial Services Centres Authority (Fund Management) Regulation...
Direct redemption of ETF units is available to investors other than market makers through the Fund Management Entity without an exit load where market-pricing or liquidity conditions are met. These conditions include a closing traded-price discount exceeding five per cent of NAV for 30 continuous trading days, absence of quotations on a recognised stock exchange for five consecutive trading days, or inadequate aggregate bid size averaged over seven consecutive trading days.

Computation of NAV
Act Rules Indian Laws
Regulation 69 of the International Financial Services Centres Authority (Fund Management) Regulation...
Each FME must calculate the NAV of every ETF daily, publish it on its website, and notify the recognised stock exchange on which the ETF is listed for website disclosure. NAV calculation procedures and methodology must be comprehensively documented, regularly verified, and amended where necessary.

Market Makers
Act Rules Indian Laws
Regulation 68 of the International Financial Services Centres Authority (Fund Management) Regulation...
Regulation 68 requires a Fund Management Entity to appoint a market maker to ensure ETF trading liquidity through two-way quotes. Market makers may create units and seek redemptions directly from the Fund Management Entity. Recognised stock exchanges may simplify authorisation for registered intermediaries and must frame rules on spreads, minimum quantities, incentives, margining and net settlement.

Actively Managed ETFs
Act Rules Indian Laws
Regulation 67 of the International Financial Services Centres Authority (Fund Management) Regulation...
Actively managed exchange-traded funds permit the fund management entity to exercise discretion over portfolio composition in accordance with stated investment objectives and policies. Offer documents and advertising material must disclose their actively managed status and explain how stated objectives, including intended index outperformance where applicable, will be met. Draft offer documents must be filed with the recognised stock exchange or exchanges proposed for listing and with the Authority.

Silver ETF
Act Rules Indian Laws
Regulation 66 of the International Financial Services Centres Authority (Fund Management) Regulation...
Silver ETFs must maintain predominant investment in silver or eligible silver-backed bullion instruments, with derivative exposure generally limited unless physical delivery is intended. They must track a recognised spot-silver benchmark with minimal tracking error. Physical silver must be responsibly sourced from an OECD-compliant certified refiner and stored in a registered vault. Independent physical verification is required half-yearly, with reports furnished to the fund management entity and fiduciaries within the prescribed period.

Gold ETF
Act Rules Indian Laws
Regulation 65 of the International Financial Services Centres Authority (Fund Management) Regulation...
Gold ETFs must maintain at least 90% of assets under management in gold or eligible bullion instruments. Gold-based exchange-traded commodity derivatives are generally limited to 10% of assets, unless physical delivery is intended instead of rolling over derivative positions. ETFs must track an approved spot-gold benchmark with minimal tracking error. Physical gold must be responsibly sourced from certified refiners, stored in a registered vault, and independently verified every half-year, with reports submitted to the fund management entity and fiduciaries within two months.

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