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development because f its close links in trade, financial flows and technology
transfer” Explain the above statement and examine the policy of the government
regarding promoting foreign capital in India.
Ans. Foreign capital refers to that part of total capital stock of a country whose ownership
belongs to the foreigners. In other words this represents the foreign investments in a
country in its various spheres of economy. Since these investments are made by the
foreigners in their private capacity (as against the loans and grants given by the foreign
Governments), it is called Private Foreign Capital. And further, these investments are
made directly in various business activities, industry or trade, this is also known as Direct
Business Investment.
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Lastly, perhaps the biggest advantage of foreign capital is that this type of
investment does not pose any problems that are associated with foreign loans viz.
repayment of loans and the interest on them. This is because this capital has been
invested by the foreigners voluntarily and at their own risk. It is not a borrowed money
which has to be paid back with interest. This foreign capital does not create BALANCE
OF PAYMENTs difficulties. Rather, such investments, by creating larger productive
capacity, can help in raising country's ex orts and thus help in overcoming BALANCE
OF PAYMENTs difficulties.
2
(1) NRIs and OCBs predominately owned by them are also permitted to invest
upto 100 per cent equity in high priority industries with repartiability of
capital and income. NRI investment upto 100 per cent of equity is also
allowed in export houses, trading houses, star trading houses, hospitals,
EOUs, sick industries, hotels and tourism related industries and without the
right of repatriation in the previously excluded areas of real estate, housing
and infrastructure.
(2) India signed Multilateral Investment Guarantee Agency Protocol (MICA) for
the protection of foreign investors on 13th April. 1992.
(3) Foreign companies have been allowed to use their trade marks on domestic
sales.
(4) Provisions of the Foreign Exchange Regulation Act (FERA) have been
liberalised as result of which companies with more than 40 per cent of equity
are also now treated at par with fully Indian-owned companies.
(5) Disinvestment of equity by foreign investors has been allowed at market
price on stock exchanges from 15th September, 1992 with permission to
repatriate the proceeds of such disinvestment.
(6) Existing companies with foreign equity can it raise to 51 per cent subject to
certain prescribed guidelines.
Changes in Foreign Investment Policy During the Year 1994-95
The following important measures have been undertaken in 1994-95:
(1) Non-resident Indians and Overseas Corporate Bodies (OCBs) and
foreign institutional investors were allowed to invest in all activities
(except agricultural and plantation) including hire-purchase, leasing,
trading, other services, etc. subject to the condition that there share did
not exceed 24 per cent of the issue.
(2) NRIs/OCBs were granted general permission to purchase shares of
public sector enterprises (PSEs) disinvested by Government of India
with a condition that there holding should not exceed 1 per cent of the
total paid-up capital of the concerned enterprise. -
(3) Foreign investment in bulk drugs, their intermediaries and
formulations were brought under atomic approval.
(4) A working group was set up to examine the existing schemes and
incentives available to NRIs in India and to make recommendations for
larger NRI investments.
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(4) The Foreign Investment Promotion Board (FIPB) was revamped for
making rules and regulations to make foreign investment more
transparent.
(5) Foreign Institutional Investors (FIls) have been permitted to make equity
investment in unlisted companies and the limit of investment of 5 per
cent of total equities in a single company by an individual FII has been
increased to 10 per cent.
(6) The Government announced the first ever guidelines in 1997 for
expeditious approval of FDI's direct investment in areas not covered
under automatic approval.
The salient features of the guidelines are:
(i) 100 per cent foreign equity will be allowed in those cases where the
foreign company could not find a suitable Indian joint venture partner
with a condition that within 3-5 years, the foreign investor would
disinvest at least 26 per cent of its equity in favour of Indian parties.
(ii) Priority areas for FDI as per the guidelines include infrastructure, export
potential, large scale employment potential, particularly for rural areas,
items linked with farm sector, social sector projects like hospitals, health
care and medicines, and proposals that lead to induction and infusion of
capital.
(iii) FDI approvals are subject to sectoral limits: 20 per cent (40 per cent for
NRIs) in the banking sector; 51 per cent in non-banking financial
companies; 100 per cent in power, road, ports, tourism and venture capital
funds; 49 per cent in tele-communications; 40 per cent (100 per cent for
NRIs) in domestic air taxi operations airlines; 24 per cent in small-scale
industries; 51 per cent in drugs/ pharmaceutical industries for bulk drugs;
100 per cent in petroleum; and 50 per cent in mining except for gold,
silver, diamond and precious stones.
4
(6) Reduction of Sectoral FDI caps to the minimum and elimination of entry
barriers. Caps can be taken off for all manufacturing and mining activities
(except defence), eliminated in advertising, private banks, and real estate,
and hiked in telecom, civil aviation, broadcasting, insurance and plantations
(other than tea).
(7) Overhauling the existing FDI strategy by shifting from a broader macro-
emphasis to a targeted sector-specific approach.
(8) Informational aspects of the FDI strategy require refinement in the light of
India's strengths and weaknesses as an investment destination and should
use information technology and modern marketing technique.
(9) The Special Economic Zones (SEZs) should be developed as internationally
competitive destinations for export - oriented FDI, by simplifying laws, rules,
and procedures and reducing bureaucratic rigmarole on the lines of China.
(10) Domestic Policy reforms in power, urban infrastructure, and real estate, and
de-control / de-licensing should be expedited for attracting more FDI.
Revised FDI Definition
A committee was constituted by the DIPP (Department of Industrial Policy and
Promotion) in May, 2002 to bring the reporting system of FDI data in India into
alignment with international best practices. The revised definition includes three
categories of capital flows under FDI: equity capital, reinvested earnings and other
direct capital. Accordingly, the RBI has recently revised data on FDI flows from the
year 2000-01 onward by adopting a new definition of FDI. The international best
practice systems have focused on recording of FDI data in BALANCE OF
PAYMENTs statistics in terms of 3 main categories as mentioned below:
(1) Equity Flows (equity in branches, shares in subsidiaries and other capital
contributions),
(2) Reinvested Earnings (Retained earnings of foreign subsidiaries and
affiliates), and
(3) Inter-company Debt Transactions (inter-corporate debt transactions
between associated corporate entities).
Table I. Foreign Investment Inflows
(in US$
Million)
Year FDI (Net) FIN Euro Equities Total
and
1990-91 97 00 06 103
1996-97 2651 1926 1386 5963
1997-98 3525 979 849 5353
1998-99 2380 - 390 322 2312
1999-2000 2093 2135 889 5117
2000-01 3272 1677 913 5862