FDI Compliance Framework
Automatic Route
Most sectors allow FDI up to 100% under automatic route without prior government approval. Industries include manufacturing, IT, infrastructure, and services.
Approval Route
Certain sectors like defence (>74%), media, and multi-brand retail require prior FIPB/Government approval. Application through DPIIT.
FC-GPR Filing
Form FC-GPR must be filed on the RBI’s FIRMS portal within 30 days of allotment of shares to foreign investors. Required for both equity and compulsorily convertible instruments.
FC-TRS Filing
Required when shares are transferred between residents and non-residents. Filed by the transferee/transferor within 60 days of receipt of consideration.
Valuation Requirements
Shares issued to or transferred from non-residents must be at SEBI-registered merchant banker valuation (DCF or comparable method).
FEMA Violations
Contravention of FEMA provisions attracts penalty up to 3x the amount involved or ₹2 lakh (whichever is higher), plus compounding proceedings.
ECB Guidelines
“ECB can be an effective low-cost funding source for Indian businesses, but requires careful structuring to comply with end-use restrictions, hedging requirements, and RBI reporting timelines.”
V J Desai & Co. LLP, FEMA AdvisoryEXIM Policy Key Schemes
Advance Authorisation
Allows duty-free import of inputs used in manufacture of export products. Export obligation must be fulfilled within 18 months of issue.
EPCG Scheme
Export Promotion Capital Goods scheme allows import of capital goods at zero customs duty. Export obligation is 6x of duty saved within 6 years.
Deemed Exports
Supply to EOU, SEZ, or government projects qualifies as deemed exports. Benefits include advance authorisation and TED refund.
Export Oriented Units
EOUs can import goods duty-free. Must export 100% of production (with domestic tariff area sales allowed up to 50% of turnover).
SEIS & MEIS
Service Export from India Scheme provides duty credit scrips for service exporters. Merchandise Exports replaced by RoDTEP scheme for goods exporters.
DGFT IEC
Importer Exporter Code (IEC) from DGFT is mandatory for any import/export transaction. Online application with PAN and bank details.
Important FEMA Filing Reference
| Form / Return | Purpose | Timeline | Filed With |
|---|---|---|---|
| FC-GPR | FDI share allotment reporting | Within 30 days of allotment | RBI (FIRMS portal) |
| FC-TRS | Transfer of shares to/from NR | Within 60 days | RBI (FIRMS portal) |
| FLA Return | Annual FDI/ODI position | 15th July every year | RBI |
| ECB-2 (Monthly) | ECB drawdown/repayment status | 7th of following month | RBI via AD Bank |
| Form 15CA/15CB | Overseas remittances | Before remittance | Income Tax Department |
| ODI Forms | Overseas direct investment | Prior approval/30-day reporting | RBI via AD Bank |
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