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Trading

Trading is permitted under automatic route with FDI upto 51% provided it is primarily export activities, and the undertaking is an export house / trading house / super trading house / star trading house. However, under the FIPB route:-

  1. 100% FDI is permitted in case of trading companies for the following activities:
    • exports;
    • bulk imports with export / expanded warehouse sales;
    • cash and carry wholesale trading;
    • other import of goods or services provided at least 75% is for procurement and sale of goods and service among the companies of the same group and for third party use or onward transfer / distribution / sales
  2. The following kinds of trading are also permitted, subject to provisions of EXIM Policy:
    • Companies for providing after sales services (that is not trading per se).
    • Domestic trading of products of JVs is permitted at the wholesale level for such trading companies who wish to market manufactured products on behalf of their joint ventures in which they have equity participation in India.
    • Trading of hi-tech items/items requiring specialised after sales service .
    • Trading of items for social sector.
    • Trading of hi-tech, medical and diagnostic items.
    • Trading of items sourced from the small scale sector under which, based on technology provided and laid down quality specifications, a company can market that item under its brand name.
    • Domestic sourcing of products for exports.
    • Test marketing of such items for which a company has approval for manufacture provided such test marketing facility will be for a period of two years, and investment in setting up manufacturing facilities commences simultaneously with test marketing

Investing companies in Infrastructure/ service sector

In respect of the companies in the Infrastructure / services sector, where there is a prescribed cap for foreign investment, only the direct investment will be considered for the prescribed cap and foreign investment in an investing company will not be set off against this cap provided the foreign direct investment in such investing company does not exceed 49% and the management of the investing company is with the Indian owners. The automatic route is not available.

Atomic energy

The following three activities are permitted to receive FDI / NRI / OCB investments through FIPB (as per detailed guidelines issued by Department of Atomic Energy vide Resolution No.8/1(1)/97-PSU/1422 dated 6.10.98):

  1. Mining and mineral separation.
  2. Value addition per se to the products of (a) above.
  3. Integrated activities (comprising of both (a) and (b) above.

The following FDI participation is permitted:

  1. Up to 74% in both pure value addition and integrated projects.
  2. For pure value addition projects as well as integrated projects with value addition upto any intermediate stage, FDI is permitted upto 74% through joint venture companies with Central / State PSUs in which equity holding of at least one PSU is not less than 26%.
  3. In exceptional cases, FDI beyond 74% will be permitted subject to clearance of the Automatic Energy Commission before FIPB approval.

Defence and strategic industries

*The defence industry sector is opened up to 100% for Indian private sector participation with FDI permissible up to 26%, both subject to licensing.

Agriculture (including plantation)

No FDI / NRI / OCB investment is permitted.

Print media

No FDI / NRI / OCB investment is permitted.

Broadcasting

No FDI / NRI / OCB investment is permitted.

Power

Up to 100% FDI allowed

Drugs & Pharmaceuticals

*FDI up to 100% is permitted on the automatic route for manufacture of drugs and pharmaceuticals, provided the activity does not attract compulsory licensing or involve use of recombinant DNA technology, and specific cell/tissue targeted formulations. FDI proposals for the manufacture of licensable drugs and pharmaceuticals and bulk drugs produced by recombinant DNA technology, and specific cell/tissue targeted formulations will require prior Government approval.

Roads & Highways, Ports and Harbours

FDI upto 100% under automatic route is permitted in projects for construction and maintenance of roads, highways, vehicular bridges, toll roads, vehicular tunnels, ports and harbours.

 

 

   

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