Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
INTRODUCTION TO FDI
1.1 OVERVIEW
The last two decade of the 20th century witnessed a dramatic world-wide increase in
foreign direct investment (FDI), accompanied by a marked change in the attitude of most
developing countries towards inward FDI. As against a highly suspicious attitude of these
countries towards inward FDI in the past, most countries now regard FDI as beneficial for
their development efforts and compete with each other to attract it. Such shift in attitude
lies in the changes in political and economic systems that have occurred during the
closing years of the last century.
The wave of liberalisation and globalization sweeping across the world has opened many
national markets for international business. Global private investment, in most part, is
now made by multinational corporations (MNCs). Clearly these corporations play a major
role in world trade and investments because of their demonstrated management skills,
technology, financial resources and related advantages. Recent developments in global
markets are indicative of the rapidly growing international business. The end of the 20 th
century has already marked a tremendous growth in international investments, trade and
financial transactions along with the integration and openness of international markets.
FDI is a subject of topical interest. Countries of the world, particularly developing
economies, are vying with each other to attract foreign capital to boost their domestic
rates of investment and also to acquire new technology and managerial skills. Intense
competition is taking place among the fund-starved less developed countries to lure
foreign investors by offering repatriation facilities, tax concessions and other incentives.
However, FDI is not an unmixed blessing. Governments in developing countries have to
be very careful while deciding the magnitude, pattern and conditions of private foreign
investment.
In the 1980s, FDI was concentrated within the Triad (EU, Japan and US). However, in the
1990s, the FDI flows to developed countries declined, while those to developing countries
increased in response to rapid growth and fewer restrictions. Most FDI flows continue
still to be concentrated in 10 to 15 host countries overwhelmingly in Asia and Latin
America. South, East and Southeast Asia has experienced the fastest economic growth in
the world, and emerged as the largest host region. China is now the largest host country in
the developing world.
In India, prior to economic reforms initiated in1991, FDI was discouraged by
The Foreign Exchange Regulation Act (FERA), 1973 (now replaced by Foreign Exchange
Management Act [FEMA]), prescribed the detailed rules in this regard and the firms
belonging to this group were known as FERA firms. All foreign investors were virtually
driven out from Indian industries by FERA. Technology transfer was possible only
through the purchase of foreign technology.
Foreign investment policies in the post-reforms period have emphasized greater
encouragement and mobalisation of non-debt creating private inflows for reducing
reliance on debt flows. Progressively liberal policies have led to increasing inflows of
foreign investment in the country.
Though India has one of the most transparent and liberal FDI regimes among the
developing countries with strong macro-economic fundamentals, its share in FDI inflows
is dismally low. The country still suffers from weaknesses and constraints, in terms of
policy and regulatory framework, which restricts the inflow of FDI.
2
Raising the Level of Investment: Foreign investment can fill the gap between
desired investment and locally mobilised savings. Local capital markets are often not
well developed. Thus, they cannot meet the capital requirements for large investment
projects. Besides, access to the hard currency needed to purchase investment goods
not available locally can be difficult. FDI solves both these problems at once as it is a
direct source of external capital. It can fill the gap between desired foreign exchange
requirements and those derived from net export earnings.
2.
3.
4.
5.
6.
Resilience Factor: FDI has proved to be resilient during financial crisis. For
instance, in East Asian countries such investment was remarkably stable during the
global financial crisis of 1997-98. In sharp contrast, other forms of private capital
flows like portfolio equity and debt flows were subject to large reversals during the
same crisis. Similar observations have been made in Latin America in the 1980s and
in Mexico in 1994-95. FDI is considered less prone to crises because direct investors
typically have a longer-term perspective when engaging in a host country.
7.
2.
3.
4.
5.
Foreign firms able to extract sizeable economic and political concessions from
competing governments of developing countries. Consequently, private profits of
these companies may exceed social benefits.
6.
Continual outflow of profits is too large in many cases, putting pressure on foreign
exchange reserves. Foreign investors are very particular about profit repatriation
facilities.
7.
CHAPTER - 2
FOREIGN DIRECT INVESTMENT IN INDIA
Since independence till 1990, the performance of Indian economy has been dominated by
a regime of multiple controls, restrictive regulations and wide ranging state intervention.
Industrial economy of the country was protected by the state and insulated from external
competition. As a result of which, India was thrown a long way behind the world of rapid
expanding technology. The cumulative effect of these policies started becoming more and
more pronounced. By the year 1989-90, the situation on the balance of payment and
foreign exchange reserves became precarious and the country was driven to the brink of
default. The credibility reached the sinking level that no country was willing to advance
or lend to India at any cost. In such circumstances, the government quickly followed a
liberalized economic policy in July 1991.
The main objectives of the liberalized economic policy are twofold. At the country level
the reform aims at freeing domestic investors from all the licensing requirements, virtual
abolition of MRTP restriction on the investment by large houses, and a competitive
industrial structure for Indian companies to achieve a global presence by becoming as
competitive as their counterparts worldwide. Secondly, the focus on structural reforms
intended to tap foreign investment for economic growth and development.
Gradually & systematically the government has taken a series of measures like
devaluation of rupee, lowering of import duties and allowing foreign investment upto
51% of the equity in a large number of industries and investment of large foreign equity
(even up to 100%) in selected areas especially for export oriented products.
9
In India, since the 1960s foreign investment and/or foreign collaborations by the
multinationals have been principally viewed as an instrument to facilitate the much
needed transfer of technology. In technological as well as financial collaborations with
foreign firms, the approval and extent of ownership participation had been predominantly
determined by the technology component of the respective products. Import of
technology as against the direct foreign investment was the main focus of the policies till
mid-eighties.
The New Industrial Policy (NIP) of July 1991 and subsequent policy amendments have
significantly liberalized the industrial policy regime in the country especially as it applies
to FDI. The industrial approval system in all industries has been abolished except for
some strategic or environmentally sensitive industries. In 35 high priority industries, FDI
up to 51% is approved automatically if certain norms are satisfied. FDI proposals do not
necessarily have to be accompanied by technology transfer agreements. Trading
companies engaged primarily in export activities are also allowed up to 51% foreign
entity. A Foreign Investment Promotion Board (FIPB) has been set up to invite and
facilitate investment in India by international companies. The use of foreign brand names
for goods manufactured by domestic industry which had earlier been restricted was also
liberalized. New sectors have been opened to private and foreign investment. The
international trade policy regime has been considerably liberalized too. The rupee was
made convertible first on trade and finally on the current account. Capital market has
been strengthened. In spite of all these liberalization measures taken by the Indian
government- foreign investments have not been up to expectations. Actual inflow of FDI
has been less than the approval FDI.
10
CHAPTER - 3
POLICIES AND PROCEDURES OF FDI
The initial policy stimulus to foreign direct investment in India came in July 1991 when
the new industrial policy provided, inter alia, automatic route approval for projects with
foreign equity participation up to 51 percent in high priority areas. In recent years, the
government has initiated the second generation reforms under which measures have been
taken to further facilitate and broaden the base of FDI in India. The policy of FDI allows
freedom of location, choice of technology repatriation of capital and dividends. The rate
at which FDI inflow has grown during the post-liberalisation period is a clear indication
that India is a fast emerging as an attractive destination for overseas investors. As part of
the economic reforms programme, policy and procedures governing foreign investment
and technology transfer have been significantly simplified and streamlined. Today FDI is
allowed in all sectors including the service sector except in cases where there are sectoral
ceilings.
FDI Policy Regime
Most of the problem for investors arises because of domestic policy, rules and procedures
and not the FDI policy per se or its rules and procedure. India has one of the most
transparent and liberal FDI regimes among the emerging and developing economies. By
FDI regime it means those restrictions that apply to foreign nationals and entities but not
to Indian nationals and Indian owned entities. The differential treatment is limited to a
few entry rules, spelling out proportion of equity that the foreign entrant can hold in an
11
Indian company or business. There are a few banned sectors and some sectors with limits
on foreign equity proportion. The entry rules are clear and well defined and equity limits
for FDI in selected sectors such as telecom quite explicit and well-known.Subject to these
foreign equity conditions a foreign company can set up a registered company in India and
operate under the same laws, rules and regulations as any Indian owned company would.
There is absolutely no discrimination against foreign invested companies registered in
India or in favour of domestic owned ones. There is however a minor restriction on those
foreign entities who entered a particular sub-sector through a joint venture with an Indian
partner. If they want to set up another company in the same sector it must get a noobjection certificate from the joint venture partner. This condition is explicit and
transparent unlike many hidden conditions imposed by some other recipients of FDI.
Routes for Inward Flows of FDI
FDI can be approved either through the automatic route or by the Government.
1. Automatic Route: Companies proposing FDI under automatic route do not require any
government approval provided the proposed foreign equity is within the specified ceiling
and the requisite documents are filed with Reserve Bank of India (RBI) within 30 days of
receipt of funds. The automatic route encompasses all proposals where the proposed items
of manufacture/activity does not require an industrial license and is not reserved for
small-scale sector. The automatic route of the RBI was introduced to facilitate FDI
inflows. However, during the post-policy period, the actual investment flows through the
automatic route of the RBI against total FDI flows remained rather insignificant. This was
partly due to the fact that crucial areas like electronics, services and minerals were left out
of the automatic route. Another limitation was the ceiling of 51 percent on foreign equity
holding. Increasing number proposals were cleared through the FIPB route while the
12
automatic route was relatively unimportant. However, since 2000 automatic route has
become significant and accounts for a large part of FDI flows.
2. Government Approval: For the following categories, government approval for FDI
through the Foreign Investment Promotion Board (FIPB) is necessary:
FIPB ensures a single window approval for the investment and acts as a screening agency.
FIPB approvals are normally received in 30 days. Some foreign investors use the FIPB
application route where there may be absence of stated policy or lack of policy clarity.
3. Industrial Licensing in FDI Policy : Industrial Licensing is regulated by Industries
(Development and Regulation) Act 1951. Following are the sectors which require
Industrial Licensing:
Manufacturing of items by the larger industrial units for small sector industries
Lottery Business, or
13
Housing and Real Estate business (to a certain extent has been opened.)
Retail Trading
Railways,
Post-approval Procedures
1. Project Clearance: After the approval has been obtained, the applicant may get his
unit/company registered with the Registrar of Company. Subsequently, the company
needs to obtain various clearances such as land clearance, building design clearance, preconstruction clearance, labour clearance, etc. from different authorities before beginning
its operations. These clearances differ from sector to sector and may also differ from state
to state.
2. Registration and Inspection: Each industrial unit is supposed to maintain records in
regard to production, sale and export, use of specified raw materials including public
utilities like water and electricity, labour related details financial details and details in
regard to industrial safety and environment.
The unit is also subject to periodic inspection by the factories inspector, labour inspector,
14
food inspector, fire inspector, central excise inspector, air and water inspector, mines
inspector, city inspector and the like, the list of which may go up to thirty or more.
3. Foreign Exchange Management Act (FEMA), 2000: The additional provisions which
apply only to entry of FDI emanate from the provisions of FEMA. According to FEMA,
no person resident outside India shall without the approval/knowledge of the RBI may
establish in India a branch or a liaison office or a project office or any other place of
business.
FDI in a particular industry may, however, be made through the automatic route under
powers delegated to the RBI or with the approval accorded by the FIPB. The automatic
route means that foreign investors only need to inform the RBI within 30 days of bringing
in their investment. Companies getting foreign investment approval through FIPB route
do not require any further clearance from RBI for the purpose of receiving inward
remittance and issue of shares to foreign investors. RBI has granted general permission
under FEMA in respect to proposals approved by FIPB. Such companies are, however,
required to notify the concerned regional office of the RBI of receipt of inward
remittances within 30 days of such receipts and again within 30 days of issue of shares to
the foreign investors.
Joint Ventures; or
requirements of the investor, subject to equity caps in respect of the area of activities
under the Foreign Direct Investment (FDI) policy.
Enter as a foreign Company through
Project Office
Branch Office
Such offices can undertake activities permitted under the Foreign Exchange Management
Regulations, 2000.
1.
2.
3.
outside India the surplus of the project on its completion, general permission for
which has been granted by the RBI.
4.
Export/Import of goods
A branch office is not allowed to carry out manufacturing activities on its own but is
permitted to subcontract these to an Indian manufacturer. Branch Offices established with
the approval of RBI may remit outside India profit of the branch, net of applicable Indian
taxes and subject to RBI guidelines Permission for setting up branch offices is granted by
the Reserve Bank of India (RBI).
17
CHAPTER - 4
SECTOR SPECIFIC GUIDELINES FOR FDI IN INDIA
Hotel & Tourism Sector
100% FDI is permissible in the sector on the automatic route.
The term hotels include restaurants, beach resorts, and other tourist complexes providing
accommodation and/or catering and food facilities to tourists. Tourism related industry
include travel agencies, tour operating agencies and tourist transport operating agencies,
units providing facilities for cultural, adventure and wild life experience to tourists,
surface, air and water transport facilities to tourists, leisure, entertainment, amusement,
sports, and health units for tourists and Convention/Seminar units and organizations.
Private Sector Banking:
49% FDI is allowed from all sources on the automatic route subject to guidelines issued
from RBI from time to time.
Insurance Sector
FDI up to 26% in the Insurance sector is allowed on the automatic route subject to
obtaining licence from Insurance Regulatory & Development Authority (IRDA)
Telecommunication sector
18
In basic, cellular, value added services and global mobile personal communications by
satellite, FDI is limited to 49% subject to licensing and security requirements and
adherence by the companies (who are investing and the companies in which investment
is being made) to the license conditions for foreign equity cap and lock- in period for
transfer and addition of equity and other license provisions.
Trading Companies
Trading is permitted under automatic route with FDI up to 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:Power Sector
Up to 100% FDI allowed in respect of projects relating to electricity generation,
transmission and distribution, other than atomic reactor power plants. There is no limit on
the project cost and quantum of foreign direct investment.
Drugs & Pharmaceuticals
FDI up to 100% is permitted on the automatic route for manufacture of drugs and
pharmaceutical, 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.
Infrastructure Sector
19
FDI up to 100% under automatic route is permitted in projects for construction and
maintenance of roads, highways, vehicular bridges, toll roads, vehicular tunnels, ports and
harbors.
Pollution Control and Management
FDI up to 100% in both manufacture of pollution control equipment and consultancy for
integration of pollution control systems is permitted on the automatic route.
Call Centers in India / Call Centres in India
FDI up to 100% is allowed subject to certain conditions.
CHAPTER - 5
FACTORS AFFECTING FDI
The factors that can narrow the gap between FDI approvals and actual foreign direct
investment inflows and indeed make India a preferred destination for global capital are,
1. Availability of infrastructure in all areas i.e. transports hospitality, telecom, power,
etc.
2. Transparency of processes, policies and decision making and reduction of government
decision making lead time.
3. Stability of policies i.e. entry, exit, labour laws, etc. over a definite time horizon so
that definite plans can be made.
4. Acceptance of International Standards including accounting standards.
5. Capital account convertibility so that all capital and payments can flow easily in and
out of the economy.
6. Simplification of the regulatory framework in general and tax laws.
7. Improvement in bandwidth for internet and data communication.
20
21
areas, in order to ensure that FDI inflows are beneficial. Other determinants of FDI,
which were sufficient in the past, may prove to be less relevant in the future
CHAPTER - 6
FDI TRENDS IN INDIA
India is the second most populous country and the largest democracy in the world. The far
reaching and sweeping economic reform undertaken since 1991 have unleashed the
enormous growth potential of the economy. There has been a rapid, yet calibrated, move
towards deregulation and liberalisation, which has resulted in India becoming a favourite
destination for investment. Undoubtedly, India has emerged as one of the most vibrant
and dynamic of the developing economies.
23
2005. Inward FDI inflows to China declined for the first time in 7years. The modest
decline by 4% or $69 billion was mainly due to reduced inflows of financial services.
UNCTADs World Investment Report publishes a set of benchmarks for inward FDI
performance that ranks countries by how they do in attracting inward direct investment.
In contrast, despite enjoying a healthy rate of economic growth India ranked 120 th on
UNCTADs inward FDI performance index 1999-2001, far below China which ranked
59th and lower than both Pakistan (116 th) and Srilanka (111th). As far as inward FDI
potential index is concerned, India ranks 84 th as against Chinas 40th rank. The World
Investment Report, 2005 noted, While India has been catching up in inward FDI, it still
ranks near the bottom.
CONCLUSION
Economic reforms in India have deregulated the economy and stimulated domestic and
foreign investment, taking India firmly into the forefront of investment destinations. The
Government, keen to promote FDI in the country, has radically simplified and
rationalized policies, procedures and regulatory aspects. Foreign direct investment is
welcome in almost all sectors; expect those strategic concerns (defence and atomic
energy).
Since the initiation of the economic liberalisation process in 1991, sectors such as
automobiles, chemicals, food processing, oil and natural gas, petro-chemicals, power,
services, and telecommunications have attracted considerable investments. Today, in the
changed investment climate, India offers exciting business opportunities in virtually every
sector of the economy. Telecom, electrical equipment (including computer software),
energy and transportation sector have attracted the highest FDI.
24
Despite its market size and potential, India has yet to convert considerable favourable
investor sentiment into substantial net flows of FDI. Overall, India remains high on
corporate investor radar screens, and is widely perceived to offer ample opportunities for
investment. The market size and potential give India a definite advantage over most other
comparable investment destinations.
Indias investment profile, however, is also conditioned by factors that affect the flow of
FDI, which are bureaucratic delays, wide spread corruption, poor infrastructure facilities
pro-labour laws, political risk and weak intellectual property regime.
In short, this means accelerating Indias integration with the global economy.
BIBLIOGRAPHY
BOOKS:
Investment, digitool.library.mcgill.ca.8881/dtl_publish/7/21670.htm.
Basu P., Nayak N.C, Archana (2007): Foreign Direct Investment in India:
Emerging Horizon, Indian Economic Review, Vol. XXXXII. No.2, pp. 255-266.
Dexin Yang (2003): Foreign Direct Investment from Developing Countries: A
Growth, http://www.infra.kth.se\cesis\research\publications\working
Yew Siew Youg (2007): Economic Integration, Foreign Direct Investment and
25
INTERNET :
www.eximbank.com
www.imf.org
www.rbi.org
www.worldbank.org
26