www.skpcrossborder.com January 5, 2004
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Big push for foreign investment

The NK Singh-led steering committee on foreign direct investment has recommended removal of FDI caps in several key sectors and a substantial increase in a few others. The 120-page report has outlined a 10-point agenda including enactment of a foreign investment promotion law and overhaul of the existing strategy for attracting FDI.

Following are some of the key recommendations-
  • Increasing the sectoral cap on civil aviation from 40 per cent to 49 per cent, on basic and mobile telecom services from 49 per cent to 74 per cent, on broadcasting direct-to-home services from 20 per cent to 49 per cent, on insurance from 26 per cent to 49 per cent and plantations from nil to 49 per cent.
  • Allowing equity participation by foreign airlines.
  • Removing the existing cap and allowing 100 per cent FDI in private banks and investing companies, real estate including complexes and individual houses and buildings, advertising, trading, radio paging, airports, total bandwidth companies, oil and gas pipelines, gateways, coal washery and mining and quarrying of diamond and precious stones.
  • Possibility of further opening up of FDI in media by recommending that FDI equity limits in individual companies in the field of current affairs and news programmes could be replaced by limits to the aggregate market share (25 per cent to 49 per cent) that can accrue to foreign controlled news companies taken together.
  • Relaxation of FDI norms for the defence industry especially with respect to restrictions on the production of civilian goods used by the defence forces. Further, it has noted that FDI with high level of foreign equity and management control is preferable over continued imports in defence equipment production.
  • Enactment of a foreign investment promotion law to be administered by the department of industrial policy and promotion as against the present administration of the Foreign Exchange Management Act by the directorate of enforcement.
  • Possibility of states considering enactment of a SEZ law covering industrial, labour, environmental and other issues. It has suggested elimination of price controls, investment restrictions and exemption from minimum alternate tax, dividend tax and income tax on export profits for SEZs. Customs, excise and service tax laws can be modified so that all transactions within the SEZ are exempt.
  • Recommendation to empower the Foreign Investment Promotion Board to give initial Central government registration and approvals. The Foreign Investment Implementation Authority can be empowered to enable it fix the time frame for investment related approvals both at the state and central levels.
Our Say

Focussing on the promotional aspects rather than on regulation will send a strong signal to investors as India has become one of Asia’s hottest investment destinations with forex reserves swelling to over US $ 100 billion. The government must take steps to provide better information about policy, regulations, procedures, etc. The Finance Ministry is already examining the possibility of having a universal green channel for all foreign direct investments into the country, except for a short negative list.

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