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The policy for regulating overseas investments by
Indian entrepreneurs and all other related aspects like finance and insurance
is governed by the circulars and guidelines issued by the Reserve Bank
of India from time to time. Guidelines and circulars are defined as the
documents notified by the Reserve Bank for the purpose of clarifying and
interpreting the various provisions of a law or regulation. For example,
Foreign
Exchange Management Act
(FEMA) is an umbrella Act regulating all foreign exchange transactions
including investments abroad. It is under this Act that the Reserve Bank
of India is authorised to issue various circulars, guidelines, rules and
notifications, etc. for managing the various aspects of capital outflows.
One of the most important guidelines relating to doing business abroad
is the "Guidelines
for Indian direct investment in Joint Ventures and Wholly Owned Subsidiaries
abroad".
These circulars and guidelines are broadly aimed to ensure:-
- A transparent policy framework in order to enable Indian
businessmen to plan their business and to be able to react to potential
collaborators outside the country. Such transparency is also required
to enable the financial institutions and banks to assess their support
through professional judgement in the context of financial sector reforms.
- A formal recognition of the changing global reality
which include:- close relationship between flow of investment and trade;
success in the domestic economy as a precursor to success in the international
arena; the importance of continuously updating the technology through
cross investments; more dynamic relation between market seeking and
resource seeking investments; tendency for skill and service intensity
rather than material intensity in the international flows.
- Capturing of Indian realities which include:- strengthening
globalisation of Indian economy by allowing the Indian entrepreneurship
to go global; being a capital importing country, the need to avoid large
capital outflows; visualising the global economic relationship well
beyond physical exports and ensuring that Indian industry and business
attain strategic positions in certain areas or regional blocs.
Some of the important circulars
and guidelines
of RBI are:-
- AP(DIR
Series) Circular No.3 dated June 22, 2000
- AP(DIR
Series) Circular No.13 dated September 14, 2000
- AP(DIR
Series) Circular No.32 dated April 28, 2001
- AP(DIR
Series) Circular No.16 dated December 15, 2001
- AP(DIR
Series) Circular No.18 dated December 18, 2001
- AP(DIR
Series) Circular No.23 dated February 19, 2002
- AP(DIR
Series) Circular No.27 dated March 2, 2002
- AP(DIR
Series) Circular No.43 dated April 30, 2002
- AP(DIR
Series) Circular No.51 dated June 24, 2002
- AP(DIR
Series) Circular No. 58 dated December 2, 2002
- AP(DIR
Series) Circular No. 66 dated January 13,2003
- AP
(DIR Series) circular No. 68 dated January 13,2003
- AP(DIR
Series) Circular No. 83 dated March 1, 2003
- AP(DIR
Series) Circular No. 96 dated April 28, 2003
- AP(DIR
Series) Circular No. 97 dated April 29, 2003
- AP
(DIR Series) circular No. 104 dated May 31, 2003
- AP
(DIR Series) circular No. 107 dated June 19,2003
- A.P.(DIR Series) Circular No.97
dated June 21, 2004
- A.P. (DIR Series) Circular No. 30 dated April 05, 2006
- Circulars
of RBI relating to ADRs/GDRs
- Circulars
of RBI relating to ECBs
- Circulars
of RBI relating to FCCBs
- Circulars
of RBI relating to FEMA
- Guidelines
for prepayment of Foreign Currency Convertible Bond (FCCB) Issues by
Indian companies
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