NEW DELHI, APRIL 28: THE Union government is thinking of tightening investment norms for non resident Indians (NRIs) in companies to ensure that they do not violate foreign direct investment (FDI) rules or enter areas where such investment is not allowed.
The Reserve Bank of India ((RBI) is also considering withdrawing the special status given to NRIs for investing in sectors such as aviation, housing and realestate.
NRIs are now allowed to invest up to 100 per cent in air transport services while other foreign investors are allowed only 49 per cent. They are also exempt from the conditions imposed on minimum capitalisation norms in real estate as well as the minimum size of area to be developed for housing.
As a first step in this direction, RBI and the Department of Industrial policy and Promotion (DIPP) have agreed on the need to scrap key clauses in Schedule 4 of the Foreign Exchange Management Act (FEMA), which permits NRIs to invest in companies on a non-repatriation basis. The proposal is expected to be cleared soon.
This option was given to NRIs so that they could utilse their domestic resources in their non-resident ordinary rupee account (NRO), which could not be repatriated outside India. In 2008, however, limited repatriation up to $1 million per year was allowed.
At present, NRIs can invest in companies through the FDI route or invest in the shares of a company through the secondary market, also called portfolio investment, besides investing through a route that does not allow repatriation.
However, under the new definition of FDI under press Note 2 of 2009, investments by NRIs through the non-repatriation route has not been included while calculating the sectoral caps for FDI in a company But NRI investments through the FDI route or the portfolio investment route is included in calculating sectoral caps.
This allows an NRI to invest, say, in a telecom company directly via the FDI route or through the portfolio route up to 74 per cent, which is the sectoral cap, and then acquire, say, an additional 10 per cent through the non-repatriation route, which takes his total investment to 84 per cent, and violates the sectoral cap in telecom.
As the policy dose not make it mandatory for an NRI to report to the government the 10 per cent equity he has picked on non-repatriation basis, RBI argues that it escapes the regulatory and supervisory lens.