Unit 20
Unit 20
Unit 20
Structure
20.0 Objectives
20.1 Introduction
20.2 Types of Foreign Capital
20.3 Foreign Investment in India
20.3.1 Trends and Magnitude of FDI
20.3.2 Sectoral Distribution of FDI
20.3.3 Countries of Origin of FDI in India
20.3.4 Evolution of Inward Foreign Capital Policy
20.3.5 Key Measures Taken by India to Attract FDI
20.3.6 Consolidated FDI Policy, 2020
20.4 Capital Outflows- Overseas Foreign Direct Investment
20.4.1 Drivers of India’s OFDI
20.4.2 Evolution of OFDI Policy in India
20.4.3 Trends and Magnitude of OFDI flows from India
20.4.4 Sectoral Composition of OFDI flows from India
20.4.5 Destination-wise OFDI flows from India
20.5 Let Us Sum Up
20.6 Key Words
20.7 Answers or Hints to Check Your Progress Exercises
Appendix 20.1
Appendix 20.2
20.0 OBJECTIVES
After going through this unit, you will be able to:
● analyse the role of foreign capital in the growth process of a developing
economy;
● know the types and sources of foreign capital;
● explain evolution and various phases of India’s policy towards foreign
capital;
● discuss composition, trend, and sources of origin of inward Foreign
Direct Investment to India;
● examine composition, trend, and destinations of Overseas Foreign Direct
Investment (OFDI) of India; and
● evaluate the Government of India’s Policy towards Foreign Capital.
55
External Sector and
Trade Policy
20.1 INTRODUCTION
The term Foreign Capital is primarily associated with inflow of foreign
capital into home country from foreign countries. Spread of globalisation and
opening of the economies along with recent technological advances have led
to movement of firms from one geography to another, thereby contributing to
the economic integration of the world. For any economy, particularly for the
developing economy, foreign capital plays acritical role including by (i)
bridging investment-saving gap (ii) bridging management, entrepreneurship,
technology and skilling gap (iii) bridging foreign exchange gap, (iv)
undertaking initial business risks, (v) contributing to development of basic
economic infrastructure, (vi) supporting stability of foreign exchange and
reducing balance of payment deficit, (vii) facilitating integration with other
economies of the world for trade of goods and services and (vii) eventually
supporting higher development. Because of these collateral benefits
associated with foreign capital, greater use of foreign capital is associated
with improved prospects for economic growth.
Foreign capital helps to improve the competitiveness of the domestic
economy by breaking domestic monopolies. A healthy competitive
environment always pushes firms to continuously enhance their processes
and product offerings, thereby fostering innovation. Consumers also gain
access to a wider range of competitively priced products.
From the perspective of both governments and businesses, foreign capital has
become an important factor in driving economic growth and development. By
acquiring a controlling interest in foreign assets, businesses can quickly
explore new products, technologies, and markets. Leveraging the foreign
capital, governments can create jobs and improve economic growth. Various
studies have shown that the growth of developing and emerging economies is
being driven by leveraging incoming foreign capital in the form of direct
investments. At the same time, firms investing abroad can realise higher
growth rates and diversify their income, which creates opportunities for
investors.
In this unit we shall discuss these various issues related to the foreign capital.
1) Foreign Investment:
i) Foreign Direct Investment (FDI)
ii) Foreign Portfolio Investment (FPI)
2) External Commercial Borrowings (ECB)
3) Commercial Deposits by Non-Resident Citizens / NRI Deposits
4) External Assistance
i) Loans
56
ii) Grants Foreign Capital
1
Master Direction - External Commercial Borrowings, Trade Credits and Structured
Obligations, FED Master Direction No.5/2018-19, Reserve Bank of India 57
External Sector and recognised non-resident entities and should conform to parameters such as
Trade Policy minimum maturity, permitted and non-permitted end-uses, maximum all-in-
cost ceiling, etc. The parameters apply in totality and not on a stand alone
basis. RBI further prescribes the framework for raising loans through ECB.
The ECB Framework enables permitted resident entities to borrow from
recognised non-resident entities in the following forms:
i) Loans including bank loans;
ii) Securitised instruments (e.g. floating rate notes and fixed rate bonds,
non-convertible, optionally convertible or partially convertible
preference shares / debentures);
iii) Buyers’ credit;
iv) Suppliers’ credit;
v) Foreign Currency Convertible Bonds (FCCBs);
vi) Financial Lease; and
vii) Foreign Currency Exchangeable Bonds (FCEBs)
Commercial loans, which primarily take the form of bank loans issued to
foreign businesses or governments. External Assistance to India denotes
multilateral and bilateral loans received under the agreements between
Government of India and other Governments/International institutions and
repayments of such loans by India, except loan repayment to erstwhile
“Rupee area” countries that are covered under the Rupee Debt Service. This
also include Official Development Assistance (ODA), received by the
country from donor countries and International organisations e.g. UNO,
World Bank etc. The main objective of such aid is to promote the economic
development of the recipient countries.
During the global financial crisis, when there was a significant deceleration
in global FDI flows the decline in FDI flows in 2009-10 to India was
relatively moderate on the back of strong rebound in domestic growth.
However, in subsequent year of 2010-11, gross FDI equity inflows to India
witnessed significant moderation. After the launch of Make in India in
September 2014, the trends in FDI have improved, showing a positive impact
on the foreign investors due to investor friendly signals from India. India has
jumped from 15th position in 2014 to 10th position in 2015 in the most trusted
nations for FDI. According to World Investment Report 2020, published by
UNCTAD, despite a slowdown in the global economy and growing global
investment concerns due to disruptions in supply chains, India was able to
sustain the pace of FDI in 2019-20 and was the 9th largest recipient country
globally in 2019. Economic Survey 2019-20 pointed out that continuous
liberalisation of FDI guidelines has been responsible for rising in flows of
foreign investment into the country.
The Indian rules for foreign portfolio investments (FPIs) have undergone
several regulatory changes designed to ease investment in the last few years.
FPIs primarily consist of securities and other financial assets passively held
by foreign investors, generally for short-term speculation. Foreign portfolio
investment differs from foreign direct investment in that it does not give the
invest or direct ownership of financial assets.
FPIs in India have been volatile over the years. In 2008-09, 2015-16 and
2018-19, there was a net portfolio outflow from the country that was seen as
weakening of confidence of investors in India’s economy.
59
External Sector and The net portfolio out flow in 2008-09 was $14.03 billion. This is when the
Trade Policy financial crisis hit the developed economies, and many financial institutions
would have withdrawn investments from India and other developing
countries, in order to strengthen their balance sheets at home. In 2015-16
foreign portfolio flows, remain vulnerable to bouts of global risk aversion
which resulted in outflow to the tune of $4.13 billion. Similarly, in 2018-19,
there was a net portfolio outflow of $0.62 billion from the country that was
seen as weakening of confidence of investors in India’s economy.
“As per the extant policy, Government of India does not accept aid in areas
where it has substantial control. While bilateral aid is accepted only from G-
8 countries, the Russian Federation, and the EC, tied aid is not accepted at
all. Channelisation of external assistance from smaller partners (other than
those mentioned above), is only through multilateral organisations to
promote greater aid harmonisation. Further, all countries can provide
bilateral development assistance directly to autonomous institutions,
universities, NGOs, etc through a simplified procedure. Directing of external
assistance of smaller size towards the non-government sector allows this
sector to remain an effective channel for implementation of development
programmes and strengthens the civil society”.
Net flows into non-resident deposit account declined by 17 per cent in 2019-
20 as deposits under the Non-Resident (External) Rupee (NRE) accounts,
which accounted for the bulk of the inflows declined sharply. Softening of
term deposit rates and expectations of further depreciation of rupee amidst
global uncertainties partly moderated flows into this account. Among the
other two accounts, deposits in Non-Resident Ordinary Rupee (NRO)
accounts and the Foreign Currency Non-Resident (Banks) [FCNR (B)]
accounts remained at the previous year’s level
From a sectoral perspective, FDI2 in India mainly flowed into services sector
(with a cumulative total of $132.8 billion — 69.5 per cent of total equity FDI
flow in the past five years from 2015-16 to 2019-20) followed by
manufacturing, $43.5 billion (around 22.83 per cent during) the same period.
Share of service in total equity FDI inflow to India increased from 62.6
percent ($22.6 billion) in 2015-16 to 77.8 per cent (28.3 billion) in 2017-18
and then declined to 74.2 per cent in 2019-20 ($31.6 billion). Within
manufacturing sector, automobile, chemicals (other than fertilizers) and drugs
& pharmaceuticals are the main sectors responsible for significant FDI.
The rise in FDI flows to India has been accompanied by strong regional
concentration. As per the data released by Department for Promotion of
Industry and Internal Trade (DPIIT)3, the top six states, viz., Maharashtra
(30.35 per cent), Karnataka (17.92 per cent), Delhi (16.6 per cent) Gujarat
2
in equity through SIA/FIPB and RBI routes only and excluding acquisition of
shares and equity capital of unincorporated bodies, as per Reserve Bank of India.
3
https://dipp.gov.in/sites/default/files/FDI_Factsheet_March20_28May_2020.pdf 61
External Sector and (11.05 per cent), Jharkhand (7.7 per cent) and Tamil Nadu (4.21 per cent)
Trade Policy
accounted for over 80 per cent of the FDI equity flows to India between
October 2019 to March 2020. The top two states, i.e., Maharashtra and
Karnataka accounted for over 45 per cent of FDI flows during this period.
Maharashtra alone accounted for over 30 per cent of FDI flows to India
during the same period.
Despite impressive growth rates achieved by most of the Indian states as well
as aggressive investment promotion policies pursued by various state
governments, the concentration of FDI flows across a few Indian states
continues to exist.
During 2019-20, India received the maximum FDI equity inflow from
Singapore (US$ 12.6 billion), followed by Mauritius (US$ 7.5 billion),
Netherlands (US$ 5.3 billion), Cayman Islands (US $3.5 billion), USA (US$
3.4 billion) and Japan (US$ 2.3 billion).
Major shift occurred when India embarked upon economic liberalisation and
reforms programme in 1991 aiming to raise its growth potential and
integrating with the world economy. Industrial policy reforms gradually
removed restrictions on investment projects and business expansion on the
one hand and allowed increased access to foreign technology and funding on
the other. A series of measures that were directed towards liberalising foreign
investment included: (i) introduction of dual route of approval of FDI– RBI’s
automatic route and Government’s approval (SIA/FIPB) route, (ii) automatic
permission for technology agreements in high priority industries and removal
of restriction of FDI in low technology areas as well as liberalisation of
technology imports, (iii) permission to Non-resident Indians (NRIs) and
Overseas Corporate Bodies (OCBs) to invest up to 100 per cent in high
priorities sectors, (iv) hike in the foreign equity participation limits to 51 per
cent for existing companies and liberalisation of the use of foreign ‟brands
name’’ and (v) signing the Convention of Multilateral Investment Guarantee
Agency (MIGA) for protection of foreign investments. These efforts were
boosted by the enactment of Foreign Exchange Management Act (FEMA),
1999 [that replaced the Foreign Exchange Regulation Act (FERA), 1973]
which was less stringent. This along with the sequential financial sector
reforms paved way for greater capital account liberalisation in India. Table
20.1 summarises the evolutionary phases of India’s inward FDI policy
regime.
63
External Sector and Table 20.1: Evolution of India’s Inward FDI Policy
Trade Policy
Policy Phase / Salient Features of Inward FDI Policy
Period
After • India’s policy with regard to foreign capital was
Independence formulated, for the first time, in the Industrial Policy
Resolution of April 1948.
• The government recognised participation of foreign
capital and enterprise, particularly as regards to
industrial technique and knowledge for rapid
industrialisation of the economy.
• There were no restrictions on the 100 per cent
ownership of Indian subsidiaries, but the authorities
exerted informed pressure on foreign companies to
sell part of their equity to local investors.
• The policy environment was sufficiently
unpredictable to discourage new entrants into India.
During 1960- • FDI policy of India was more restrictive due to the
1980s need to develop local industries.
• No FDI was allowed without transfer of technology.
• Renewals of foreign collaborations were restricted.
• Foreign Exchange Regulation Act, 1973 was
restricted to FDI in certain core or high priority
industries.
• Equity participation was restricted to 40 per cent.
• FDI regime was characterised by a cautious welcome
to foreign investments meaning retaining majority
domestic ownership and effective control in foreign
enterprises.
• Inward-looking, import substitution strategy of
economic development began, quota, permit, and
license regime prevailed all the way and was guided
and controlled by the bureaucracy.
• Development pattern was characterised by strong
centralised pharming, government ownership of
basic and key industries, excessive regulation and
control of private enterprise, trade protectionism
through tariff and non-tariff barriers.
1980s to 1990s • Attitude towards FDI was liberalised as a part of the
industrial policy resolutions.
• Inward looking regulatory regime continued until the
early 1980s.
• Government of India introduced a series of measures
through 1985-industrial policy, to reduce control on
industries, particularly large ones.
Since 1991 • Government started the process of liberalisation of
FDI policy in July 1991; the first-generation reforms
created conducive environment for foreign
investment in India. Foreign investment and
64
technology collaboration was welcomed to obtain Foreign Capital
higher technology, to increase exports and to expand
the production base.
• Foreign Exchange Regulation Act (FERA), 1973
was replaced with Foreign Exchange Management
Act, 1999 (FEMA).
• Licensing and permit quota regime were eliminated,
and firms in all but a few sectors were allowed to
start operations without government approval.
• Automatic route for FDI is permitted.
• Except for certain specified activities, no prior
approval from exchange control authorities i.e.,
Reserve Bank of India is required.
• Many new sectors were thrown open for FDI.
• Eventually, FDI was permitted in virtually every
sector, except those of strategic concern such as
defence and transport.
• Approval mechanism for FDI was made simpler and
transparent.
• Two approval routes i.e., automatic route and
Foreign Investment Promotion Board (FIPB) route
was introduced.
• Capital account restrictions were eased to allow
Indian companies to raise capital abroad, by way of
Eurobonds and GDR/ADRs.
• Foreign companies were permitted to set up 100 per
cent subsidiaries in India.
• Focus shifted to opening of infrastructure, insurance
and service sector, liberalising royalty payment
regime and permitting royalty on trademarks and
brand names.
• Foreign equity was permitted up to 100 per cent in
roads, ports, harbours, bridges, and highways in
1999.
• In the year 2000, a paradigm shift occurred, wherein,
except for a negative list, all the remaining activities
were placed under the automatic route.
• From 2014 onwards, FDI regime was further
liberalised in the sectors like defence, mining,
insurance, pensions e-commerce, retail, and media
etc.
Source: Compiled from various reports published by RBI, Ministry of Finance
iii) This has been possible as the government has continued to regularly
review FDI norms, basis the changing economic landscape and
geopolitical environment. All these proactive steps have borne fruit, as is
evident from the ever-increasing volumes of FDI inflows and first five
months of fiscal 2021 witnessed highest ever inflow of US$35.7 billion,
a 13 per cent increase from last year.
iv) Given India’s growing demographics, and huge e-commerce and
technological markets, activity in both areas are expected to grow in the
following years.
Over the years, systematic reforms have helped the Indian economy
withstand many a crisis. India is taking a holistic approach to address other
historical issues: for instance, it has already announced labour reforms to
allow more flexible labour related practices; power reforms (addressing high
industrial power tariffs) and port-linked industrial cluster policy (to resolve
the issue of scarcity of industrial land). Structural reforms within the
Agricultural sector, along with US$13 billion Agri-infra fund will be enablers
to attract FDI.
Some of the important reforms that have been put in motion are:
i) Corporate tax rate for new manufacturing facilities at 15 per cent to
make it competitive vis-à-vis ASEAN countries.
iv) Production linked incentives of Rs. 197 thousand crores for 13 sectors.
66
v) Monetary incentives on incremental sales for a period of five years to Foreign Capital
offset disability manufacturing in India. Initial focus on high import
items (cell phones) and healthcare related products.
vi) Increase in FDI limit for defence production under automatic route from
49 per cent to 74 per cent.
viii) Consolidating over 100 labour laws into 4 codes with higher exemptions
for retrenchment and fewer registrations.
xii) Airport Authority of India (AAI) has awarded 3 airports out of 6 bids for
Operation and Maintenance on Public Private Partnership (PPP) Basis.
xiv) New Public Sector and Enterprises Policy where all sectors are open to
private sector while public sector enterprises will play a role in defined
areas.
67
External Sector and Key changes
Trade Policy
i) This Revised Policy supersedes all the press notes, press releases,
clarifications and/or circulars issued by the DPIIT, which were in force
as on 15 October 2020.
ii) The Revised Policy is aligned with the Implementation of the Foreign
Exchange Management (Non-debt Instruments) Rules, 2019 (NDI Rules)
and Foreign Exchange Management (Mode of Payment and Reporting of
Non-Debt Instruments) Regulations, 2019 by incorporating all necessary
changes, including procedural instructions on payment of inward
remittance and reporting requirements.
iii) Government scrutiny of investments from India’s neighbouring countries
- An entity of a country, which shares a land border with India or where
the beneficial owner of an investment into India is situated in or is a
citizen of any such country– can invest only under the Government
approval route. The Revised Policy also included the scenario with
respect to transfer of ownership of an Indian entity, directly or indirectly,
resulting in the beneficial ownership falling within the
restriction/purview stated above. Therefore, any transfer of ownership
resulting into transfer of beneficial ownership to entities or citizens of
neighbouring countries sharing land borders will require government
approval.
68
3) State the nature of technology gap faced by a developing economy. Foreign Capital
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
4) State various types of Foreign Capital.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
5) Distinguish between Foreign Direct Investment (FDI) and Foreign
Portfolio Investment.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
6) List the top sectors and country of origin responsible for FDI into India.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
7) State three important reforms introduced to attract FDI in India.
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
…………………………………………………………………………….
iv) Low factor cost advantages in the host country (as in natural resources).
v) If the interest rate in a foreign country is low as compare to India, there
would be greater incentive to borrow abroad and make direct
investments abroad.
vi) Depreciation of Indian currency will make it more attractive for Indian
companies to invest overseas in another currency.
vii) Saturation of the Indian market lead to the need to enhance their export-
competitiveness in third country markets.
4
Outward Direct Investment from India: Trends, Objectives and Policy Perspectives,
70 Export-Import Bank of India, May 2014.
strategy or market entry plus strategy (e.g. accessing strategic asset)implying Foreign Capital
a multi-purpose intention of making an overseas investment.
With the gradual opening of the economy since 1991-92, regulatory regime
guiding India’s OFDI was witnessed gradual changes over the period of time.
Current OFDI policy orientation is now more or less region/country neutral.
This has encouraged large number of Indian firms to establish their foothold
in international markets, through acquisitions and investments in businesses.
Table 20.2 summarises the evolution of Indian policy regime towards OFDI.
Policy
Phase / Salient Features of OFDI Policy
Period
• The period of Economic Liberalisation in India
• “Guidelines Governing Indian Joint Ventures / Wholly
owned Subsidiaries Abroad” was introduced.
• ‘Automatic Route’ for overseas investments by Indian
entrepreneurs was introduced in 1992.
• Cash remittances were allowed for the first time.
However, the total value was restricted to US$ 2 million
Phase I with a cash component not exceeding US$ 0.5 million in
(1992-94) block of 3 years.
• Provided more operational freedom to investors, subject
to the condition that no additional financial transfers from
India was required.
• Removed the requirement of only minority equity
shareholding in JVs.
• Financial sector was excluded from the purview of
automatic approvals.
71
External Sector and • Aimed at providing a transparent policy framework for
Trade Policy
Indian investors to plan their business.
• Guidelines for Indian Direct Investment in Joint Ventures
and Wholly-owned Subsidiaries Abroad was suitably
amended to support the overseas investment by the Indian
businesses.
• Conception of Fast Track Route work relating to
approvals for overseas investment was transferred from
Ministry of Commerce to the Reserve Bank of India to
provide a single window clearance mechanism.
• Limits were raised from US$ 2 million to US$ 4 million
and linked to average export earnings of the preceding
three years.
• Above US$ 4 million, approvals were considered under
the normal route approved by a Special Committee.
• In 1997, limit of automatic approval was increased up to
US$15 Million.
Phase II • Investment proposals in excess of US$ 15 million were
(1995- considered by the Ministry of Finance with
1999) recommendations of the Special Committee and were
generally approved if the required resources were raised
through the global depository receipts (GDR) route.
• The exchange earners, other than exporters, were brought
under the fast track route in 1997.
• Permitted acquisitions of foreign companies.
• The condition that the amount of outward investment
should be repatriated in full by way of dividend, royalty,
etc. within a period of five years was done away.
• Investments in Nepal and Bhutan, in Indian currency,
increased up to INR. 120 crores.
• In 1999, annual ceiling of OFDI under fast track mode
was further increased to US$ 30 Million in SAARC
countries and Myanmar. For other countries, the ceiling
remained at $15 million.
• A series of measures to encourage software industry in
India to expand capacity: reduce costs, improve quality,
and invest abroad, were introduced.
• Implementation of the Foreign Exchange Management
Act (FEMA) in June 2000.
• Liberalisation under FEMA and thereafter scope of
Phase III outward FDI expanded significantly.
(2000 • 2002-Annual limit of investment under automatic
onwards) approval increased to US$ 100 Million to Indian corporate
with a proven track record for investment in overseas joint
ventures or wholly owned subsidiaries, even where the
investment is not in the same core activity as they are
72 engaged. They were also allowed to invest in such
ventures up to 100% of their net worth. Foreign Capital
5
Joseph, Reji K.: Outward FDI from India: Review of Policy and Emerging Trends. 73
External Sector and vii) Proceeds of foreign currency funds raised through ADR / GDR issues.
Trade Policy
20.4.3 Trends and Magnitude of OFDI flows from India
In terms of flow of overseas investment, equity and loans would be relevant
as a very small proportion of guarantees are invoked which require the flow
of money. Table 20.7 (in appendix 20.2) shows that outward foreign direct
investment flows rose from US $ 677.7 million in 2000-01 to US$ 12.9
billion in 2019-20.
Cumulative OFDI for the period of 2000-01 to 2019-20 in the form of equity
and loans constitute 66.7 per cent and 30.6 per cent share respectively of the
total OFDI from India. Only 2.7 per cent of guarantee was actually invoked
during this period. Annual OFDI flows exhibited a growing trend till 2007-
08.The global financial crisis affected the flow of outward FDI from India in
2009-10. Thereafter, it shows mixed trend. The share of financing OFDI
through equities declined from 88.8 per cent in 2000-01 to 48.4 per cent in
2019-20, while share of loans in financing outward OFDI from India rose
from 10.4 per cent to 45.9 per cent during the corresponding period.
The recent trend is showing that outward FDI form India is increasingly
flowing to developed countries. This reflects growing confidence of the
Indian corporate to expand their global footprints. Indian firms invest in
foreign shores primarily through mergers and acquisition (M&A). With rising
M&A activity, companies will get direct access to newer and more extensive
markets and better technologies, which would enable them to increase their
customer base and achieve a global reach.
According to the RBI Annual report 2019-20, outward direct investment by
Indian entities also remained robust as Indian entities continued to expand
their overseas business operations. Outward FDI was mainly in the form of
equity and loans to subsidiaries/ affiliated enterprises, primarily to Singapore,
the US, the UK, Mauritius, Switzerland, and the Netherlands, which
accounted for 75 per cent of total overseas investments during the period.
74
Most of these investments were made in the business services, manufacturing Foreign Capital
and restaurants and hotels sector.
i) In 2019-20, India invested in 120 projects and created 5,429 new jobs in
the UK to become the second-largest source of foreign direct investment
(FDI).
iv) In February 2020, Bharti Airtel invested US$ 978.92 million in its
wholly owned subsidiary in Mauritius.
ix) In December 2019, supply chain focused fintech firm, LivFin, raised
US$ 5 million of equity capital from German development finance
institution DEG.
xii) In September 2019, Reliance Power announced joint venture (JV) with
Japanese energy major JERA to jointly set up a 750-Megawatt (MW)
gas-based combined cycle power project (phase-1) at Meghnaghat in
Bangladesh.
6
https://www.ibef.org/economy/indian-investments-abroad seen on 28th Dec 2020. 75
External Sector and xiii) In September 2019, OYO acquired Copenhagen-based data science
Trade Policy firm Danamica. This marked the fast-growing lodging start-up to
expand its business in Europe.
Various studies have established that for Indian economy, foreign capital,
particularly FDI has had a positive impact. FDI inflow has helped
supplementing domestic capital, as well as bridging technology and skills
gaps of existing companies. It also helped to establish new companies. All of
these have contributed to economic growth of the Indian Economy.
78
APPENDIX 20.1 Foreign Capital
PROHIBITED SECTORS
Inward FDI to India is prohibited in:
a) Lottery Business including Government/private lottery, online lotteries,
etc.
b) Gambling and Betting including casinos etc.
c) Chit funds
d) Nidhi company
e) Trading in Transferable Development Rights (TDRs)
f) Real Estate Business or Construction of Farmhouses
g) ‘Real estate businesses shall not include development of townships,
construction of residential /commercial premises, roads or bridges and
Real Estate Investment Trusts (REITs) registered and regulated under the
SEBI (REITs) Regulations 2014.
h) Manufacturing of cigars, cheroots, cigarillos, and cigarettes, of tobacco
or of tobacco substitutes.
i) Activities/sectors not open to private sector investment e.g.(I) Atomic
Energy and (II) Railway operations (other than permitted activities
mentioned under the consolidated FDI policy).
Foreign technology collaboration in any form including licensing for
franchise, trademark, brand name, management contract is also prohibited for
Lottery Business, Gambling and Betting activities.
Permitted Sectors
Table: Sector Specific Limits of Foreign Investment in India
7
Department for Promotion of Industry and Internal Trade (FDI Division), Ministry of
Commerce & Industry, Government of India. 79
External Sector and • Services related to agro and allied sectors
Trade Policy
Note: Besides the above, FDI is not allowed in
any other agricultural sector/activity
PLANTATION SECTOR
• Tea sector including tea plantations 100% Automatic
• Coffee plantations
• Rubber plantations
• Cardamom plantations
• Palm oil tree plantations
• Olive oil tree plantations
81
External Sector and • Defence Industry subject to Industrial license 100% Automatic
Trade Policy up to 74%
under the Industries (Development and
Regulation) Act, 1951 and Manufacturing of Government
small arms and ammunition under the Arms route
Act, 1959 beyond
Note: Other Conditions Applicable as notified 74%
by the Govt of India wherever it
is likely to
result in
access to
modern
technology
or for other
reasons to
be recorded.
SERVICES SECTOR
BROADCASTING
Broadcasting Carriage Services 100% Automatic
• Teleports (setting up of up-linking HUBs/
Teleports);
• Direct to Home (DTH);
• Cable Networks (Multi-System operators
(MSOs) operating at National or State or
District level and undertaking upgradation of
networks towards digitalisation and
addressability);
• Mobile TV;
• Headend-in-the Sky Broadcasting Service
(HITS)
Cable Networks 100% Automatic
• (Other MSOs not undertaking upgradation of
networks towards digitalisation and
addressability and Local Cable Operators
(LCOs))
Note: Infusion of fresh foreign investment, beyond 49% in a company not
seeking license/permission from sectoral Ministry, resulting in change in
the ownership pattern or transfer of stake by existing investor to new
foreign investor, will require Government approval.
BROADCASTING CONTENT SERVICES
• Terrestrial Broadcasting FM (FM Radio), 49% Government
subject to such terms and conditions, as
specified from time to time, by Ministry of
Information & Broadcasting, for grant of
permission for setting up of FM Radio stations.
• Up-linking of ‘News & Current Affairs’ TV 49% Government
Channels
82
• Uploading/Streaming of News & Current 26% Government Foreign Capital
Affairs through Digital Media
• Up-linking of Non- ‘News & Current 100% Automatic
Affairs’ TV Channels/ Down-linking of TV
Channels
PRINT MEDIA
• Publishing of newspaper and periodicals 26% Government
dealing with news and current affairs
• Publication of Indian editions of foreign 26% Government
magazines dealing with news and current
affairs
• Publishing/printing of scientific and technical 100% Government
magazines/specialty journals/ periodicals,
subject to compliance with the legal
framework as applicable and guidelines issued
in this regard from time to time by Ministry of
Information and Broadcasting.
• Publication of facsimile edition of foreign 100% Government
newspapers
CIVIL AVIATION
AIRPORTS
• Greenfield projects 100% Automatic
• Existing projects 100% Automatic
83
External Sector and • Construction-development projects (which 100% Automatic
Trade Policy
would include development of townships,
construction of residential/commercial
premises, roads or bridges, hotels, resorts,
hospitals, educational institutions, recreational
facilities, city and regional level infrastructure,
townships)
INDUSTRIAL PARKS
• Industrial Parks- new and existing 100% 100%
Automatic
SATELLITES- ESTABLISHMENT AND OPERATION
• Satellites- establishment and operation, subject 100% Government
to the sectoral guidelines of Department of
Space/ISRO
PRIVATE SECURITY AGENCIES
• Private Security Agencies 74% Automatic
up to 49%
Government
route beyond
49% and up
to 74%
TELECOM SERVICES
• Telecom Services (including Telecom 100% Automatic
Infrastructure Providers Category-I) All up to 49%
telecom services including Telecom
Infrastructure Providers Category-I, viz. Basic, Government
Cellular, United Access Services, Unified route
License (Access Services), Unified License, beyond 49%
National/International Long Distance,
Commercial V-Sat, Public Mobile Radio
Trunked Services (PMRTS), Global Mobile
Personal Communications Services (GMPCS),
All types of ISP licenses, Voice Mail/
Audiotex/UMS, Resale of IPLC, Mobile
Number Portability Services, Infrastructure
Provider Category-I (providing dark fibre,
right of way, duct space, tower) except Other
Service Providers
TRADING
• Cash & Carry Wholesale Trading/Wholesale 100% Automatic
Trading (including sourcing from MSEs)
E-COMMERCE ACTIVITIES
• E-commerce activities 100% Automatic
85
External Sector and • Asset Reconstruction Company’ (ARC) 100% Automatic
Trade Policy
means a company registered with the Reserve
Bank of India under Section 3 of the
Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest
Act, 2002 (SARFAESI Act).
BANKING- PRIVATE SECTOR
• Banking- Private Sector 74% Automatic
up to 49%
Government
route beyond
49% and
up to 74%.
BANKING- PUBLIC SECTOR
• Banking- Public Sector subject to Banking 20% Government
Companies (Acquisition and Transfer of
Undertakings) Acts 1970/80. This ceiling
(20%) is also applicable to the State Bank of
India and its associate Banks.
CREDIT INFORMATION COMPANIES (CIC)
• Credit Information Companies 100% Automatic
POWER EXCHANGES
• Power Exchanges registered under the Central 49% Automatic
Electricity Regulatory Commission (Power
Market) Regulations, 2010.
WHITE LABEL ATM OPERATIONS
86
• White Label ATM Operations 100% Automatic Foreign Capital
87
External Sector and
Trade Policy
APPENDIX 20.2
Table 20.1: Foreign Investment Flows
Amount in US $ Million
1 2 3 4 5 6
Notes:
1. Data on FDI have been revised since 2000-01 with expanded coverage to
approach international best practices.
2. Negative (-) sign indicates outflow.
3. Direct Investment data for 2006-07 include swap of shares of 310 Crore.
Source: Reserve Bank of India.
88
Table 20.2: Net Inflow of Portfolio Investment Foreign Capital
(Amount in US $ Million )
(US $ million)
Net Inflow of Foreign % Growth over Previous
Year
Aid Year
2000-01 -537
2001-02 332 161.8%
2002-03 -3912 -1278.3%
2003-04 -3225 -17.6%
89
External Sector and 2004-05 952 129.5%
Trade Policy
2005-06 1545 62.3%
2006-07 1290 -16.5%
2007-08 1655 28.3%
2008-09 2179 31.7%
2009-10 3129 43.6%
2010-11 4720 50.8%
2011-12 2612 -44.7%
2012-13 910 -65.2%
2013-14 1500 64.8%
2014-15 1261 -15.9%
2015-16 1715 36.0%
2016-17 1734 1.1%
2017-18 2197 26.7%
2018-19 2337 6.4%
2019-20 2475 5.9%
Source: Reserve Bank of India
Total FDI in
S. Equity (SIA/FIPB 36068 36317 37366 38744 42629 191124
No. & RBI Routes (100.0%) (100.0%) (100.0%) (100.0%) (100.0%) (100.0%)
only)
Sector-wise Inflows
8439 11972 7066 7919 8153 43549
1 Manufacturing
(23.4%) (33.0%) (18.9%) (20.4%) (19.1%) (22.8%)
Education,
394 205 347 736 528 2210
2.9 Research &
(1.7%) (0.9%) (1.2%) (2.6%) (1.7%) (1.7%)
Development
Cumulative
Inflows
Source/Industry 2015-16 2016-17 2017-18 2018-19 2019-20
(Apr 2015 to
March 2020)
Total FDI in
Equity
36,068 36,317 37,366 38,744 42,629 1,91,124
(SIA/FIPB &
RBI routes only)
Country-wise Inflows
94
Table: 20.8: Sector-wise Composition of OFDI Outflow Foreign Capital
Cumulative
S. OFDI
Sectors 2015-16 2016-17 2017-18 2018-19 2019-20
No. (2015-16 to
2019-20)
Financial,
4245.69 4563.03 6743.56 5345.48 3687.43 24585.19
1 Insurance and
(34.3%) (29.8%) (40.7%) (39.6%) (28.6%) (34.8%)
Business Services
Transport, Storage
and 2372.02 1515.68 913.44 113.77 901.33 5816.24
8
Communication (19.2%) (9.9%) (5.5%) (0.8%) (7.0%) (8.2%)
Services
95
External Sector and
Trade Policy
Table 20.9: Top Ten OFDI Destination Countries
Cumulative
S.
Country 2015-16 2016-17 2017-2018 2018-19 2019-20 OFDI (2015-
No.
16 to 2019-20)
1439.21 2892.72 2665.53 2846.06 3717.03 13560.55
1 Singapore
(11.6%) (18.9%) (16.1%) (21.1%) (28.9%) (19.2%)
British
128.8 102.32 130.79 85.12 181.69 628.72
10 Virgin
(1.0%) (0.7%) (0.8%) (0.6%) (1.4%) (0.9%)
Islands
Total OFDI
11028.35 13883.6 9603.54 10669.77 11027.32 56212.58
to Top 10
(89.2%) (90.7%) (58.0%) (79.0%) (85.6%) (79.6%)
Countries
Total OFDI
12363.56 15311.56 16563.53 13509.55 12880.27 70628.47
(to All
(100.0%) (100.0%) (100.0%) (100.0%) (100.0%) (100.0%)
Countries)
96