Index: FDI (Foreign Direct Investement)
Index: FDI (Foreign Direct Investement)
Index: FDI (Foreign Direct Investement)
INDEX
S
Chapter Name
INTRODUCTIO
.
2
N OF FDI
FOREIGN
DIRECT
3
INVESTMENT
FOREIGN
DIERCT
INVESTMENT;
THEORITICAL
4
SETTINGS
ADVANTAGE
AND
DISADVANTAG
E OF FDI FOR
THE
5
HOST
COUNTRY
FOREIGN
DIERCT
INVESTMENT
IN INDIA
K.P.B HINDUJA COLLEGE OF COMMERCE
POLICTES AND
PROCEDUERS
OF FDI
SECTOR
SPECIFIC
GUDELINESS
FOR
FDI
IN
INDIA
FACTORS
AFFECTING
FDI
CASE STUDY
SUGGESTIONS
6
6
AND
RECOMMENDA
TIONS
CONCIUSION
1
1
WEBLJOGRAP
6
6
countries
attractive
to
foreign
However,
the
government
granted
liberal
generation of technology by
ongoing
economic
reforms
in
India.
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.
Foreign investment policies in the post-reforms period has emphasized
greaterencouragement and mobilization 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
The practice has grown significantly in the last couple of decades, to the
point that FDI has generated quite a bit of opposition from groups such as
labor unions. These organizations have expressed concern that investing at
such a level in another country eliminates jobs. Legislation was introduced in
the early 1970s that would have put an end to the tax incentives of FDI. But
members of the Nixon administration, Congress and business interests rallied
to make sure that this attack on their expansion plans was not successful.
One key to understanding FDI is to get a mental picture of the global scale of
corporations able to make such investment. A carefully planned FDI can
provide a huge new market for the company, perhaps introducing products
and services to an area where they have never been available. Not only that,
but such an investment may also be more profitable if construction costs and
labor costs are less in the host country.
1.1 History
In the years after the Second World War global FDI was dominated by the
United States, as much of the world recovered from the destruction brought
by the conflict. The US accounted for around three-quarters of new FDI
(including reinvested profits) between 1945 and 1960. Since that time FDI
has spread to become a truly global phenomenon, no longer the exclusive
preserve of OECD countries.FDI has grown in importance in the global
economy with FDI stocks now constituting over 20 percent of global GDP.
Foreign direct investment (FDI) is a measure of foreign ownership of
productive assets, such as factories, mines and land. Increasing foreign
investment can be used as one measure of growing economic globalization.
The figure below shows net inflows of
foreign
direct
investment
countries are
increasing sharply.
A foreign direct investor is an individual, an incorporated or unincorporated
public or private enterprise, a government, a group of related individuals, or
a group of related incorporated and/or unincorporated enterprises which has
a direct investment enterprise that is, a subsidiary, associate or branch
operating in a country other than the country or countries of residence of the
foreign direct investor or investors.
investment
involving a
long-term
three
components
company loans
Equity capital is the foreign direct investors purchase of share of an
enterprise in a country other than its own.
Reinvested earnings comprise the direct investors share (in proportion to
direct equity participation) of earnings not distributed as dividends by the
affiliates, or earnings not remitted to the direct investor. Such retained profits
by affiliates are reinvested.
Intra-company loans or intra-company debt transactions refer to short or long
term borrowing and lending of funds between direct investors (parent
enterprises) and affiliate enterprises.
2.3 OECD Benchmark Definition of FDI (Third Edition)
FDI reflects the objective of obtaining a lasting interest by a resident entity in
one economy (direct investor) in an entity resident in an economy other than
that of the investor (direct investment enterprise). The lasting interest implies
the existence of a long term relationship between the direct investor and the
enterprise and a significant degree of influence on the management of the
enterprise. Direct investment involves both the initial transactions between
the two entities and all subsequent capital transactions between them and
among affiliated enterprises, both incorporated and unincorporated. As is
evident from the above definitions, there is a large degree of commonality
10
between the IMF, UNCTAD and OECD definitions of FDI. The IMF
definition is followed internationally.
11
CHAPTER-3:
FOREIGN
DIRECT
INVESTMENT
:THEORITICAL
SETTINGS
Most of the present day underdeveloped countries of the world have set out
a planned program for accelerating the pace of their economic development.
In a country planning for industrialization and aiming to achieve a target rate
of growth, there is a need for resources. The resources can be mobilized
through domestic as well as foreign sources. So far as, the domestic sources
are concerned, they may not be sufficient to acquire the fixed rate of growth.
Generally domestic savings are less than the required amount of investment.
Also the very process of industrialization calls for import of capital goods
which cannot be locally produced. Hence comesthe need for foreign sources.
They not only supplement the domestic savings but also provide the recipient
country with extra foreign exchange to buy imports essential for filling the
saving investment gap and the foreign exchange gap. The means of getting
foreign resources available to a developing country are mainly three:
1. through export of goods and services
2. External aid
3. Foreign investment
Export of goods and services do contribute to foreign resources but they can
meet only a small part of the total demand for foreign resources. External
Aid from foreign governments and international institutions, by increasing
the rate of home savings and removing the foreign gap allows the utilization
of previously underutilized resources and capacity. But generallythe aid is
K.P.B HINDUJA COLLEGE OF COMMERCE
12
tied and distorts the allocation of resources. So its use has been on the
decline. Foreign investment is of following two types
1. Foreign Direct Investment (FDI) and
2. Portfolio Investment.
13
direct
14
15
the local economy will depend on the capabilities of the host country in
regard to technology transfer and industrial restructuring.
countries.
However,
on
world-
wide
scale,
decreased
16
Accordingly, the completion for FDI would be based increasingly on the cost
differences between locations, the quality of infrastructure and businessrelated services, the ease of doing business and the availability of skills.
Obviously, this scenario involves major challenges for developing countries,
ranging from human capital formation to the provision of business-related
services such as efficient communication and distribution systems.
17
category.The
fourth
recognized
characteristic
of
skill
oriented
or
progressive.
In addition,
the
FDI
3.6Types of FDI
18
of
various
forms.
Risk
coverage
provided
to
the
domestic industries and subsidies granted to the local firms stand in the way
of outward FDIs, which are also known as 'direct investments abroad.
Inward FDIs:
Different economic factors encourage inward FDIs. These include interest
loans, tax breaks, grants, subsidies, and the removal of restrictions and
limitations. Factors detrimental to the growth of FDIs include necessities of
differential performance and limitations related to ownership patterns
Other categorizations of FDI exist as well. Vertical Foreign DirectInvestment
takes place when a multinational corporation owns some shares of a foreign
enterprise, which supplies input for it or uses the output produced by the
MNC.
By Motive
Resources seeking looking for resources at a lower real cost.
19
Market seeking secure market share and sales growth in target foreign
market.
Efficiency seeking seeks to establish efficient structure through useful
factors, cultures, policies, or markets.
20
radically towards a more welcoming policy stance. This change was not so
much due to new research finding on the impact of FDI but to the economic
problems facing the developing world.Developing countries are liberalizing
their foreign investment regimes and are seeking FDI not only as a source of
capital funds and foreign exchange but also as a dynamic and efficient
vehicle to secure the much needed industrial technology, managerial
expertise and marketing know-how and networks to improve on growth ,
employment,productivity and export performance.
At the global level the flows of FDI and PFI to developing countries have
indeed increased. The average net inflow of FDI in developing countries
had been US$ 11 billion in 1980-86, but in 1987 it started to increase, by
1991the annual net inflow had risen to US$ 35 billion and by 2004 to US$
233 billion. The share of developing economies in total inflow of Foreign
Direct Investment in the world has risen continuously since 1989.
21
, with
coalition
government
emerging,
Commercial Risk
Commercial risk exists in any business ventures of a country. Not each and
every product or service is profitably accepted in the market. Hence it is
22
23
2. Upgradation of Technology
Foreign investment brings with it technological knowledge while transferring
machinery and equipment to developing countries. Production units in
developing
countries
use
out-
dated equipment and techniques that can reduce the productivity of workers
and lead to the production of goods of a lower standard.
24
FDI can help the host country improve its export performance.
By raising the level of efficiency and the standards of product quality, FDI
makes a positive impact on the host countrys export competitiveness.
Further, because of the international linkages of MNCs, FDI provides for the
host country better access to foreign markets. Enhanced export possibility
contributes to the growth of the host economies by relaxing demand side
constraints on growth.
This is important for those countries which have a small domestic market
and must increase exports vigorously to maintain their tempo of economic
growth.
4.Employment Generation
Foreign investment can create employment in the modern sectors of
developing countries. Recipients of FDI gain training of employees of in
the course of operating new enterprises, which contributes to human capital
formation in the host country.
5.Benefits to Consumers
Consumers in developing countries stand togain from FDI through new
products, and improved quality of goods at competitive prices.
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
K.P.B HINDUJA COLLEGE OF COMMERCE
25
reversals during the same crisis. Similar observations have been made in
Latin America in the 1980s and inMexico in 1994-95. FDI is considered less
prone to crises because direct investors typically have a longer-term
perspective when engaging in ahost country. In addition to risk sharing
properties of FDI, it is widely believed that FDI provides a stronger stimulus
to economic growth in thehostcountries than other types of capital inflows.
FDI is more than just capital, as it offers access to internationally available
technologies and management know-how.
7.Revenue to Government
Profits generated by FDI contribute tocorporate tax revenues in the host
country.
foreign
investment.
Possible
adverse
implications of foreign
in
increase
26
modern sector executives. They divert resources away from priority sectors
to the manufacture of sophisticated products for consumption of the local
elite. As they are located in urban areas, they create imbalances between
rural and urban opportunities, accelerating the flow of rural population to
urban areas.
4.Foreign firms stimulate inappropriate consumption patterns through
excessive advertising and monopolistic market power. The products made
by multinationals for the domestic market are not necessarily lowin price and
high in quality. Their technology is generally capital-intensive which does
not suit the needs of a labor-surplus economy.
5.Foreign firms able to extract sizeable economic and politicalconcessions fr
om competing governments of developing countries.Consequently, private pr
ofits 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. Foreign firms may influence political decisions in developing
Countries. In view of their large size and power, national sovereignty
andcontrol over economic policies may be jeopardized. In extreme cases,
foreign firms may bribe public officials at the highest levels to secure
unduefavors.
Similarly, they may contribute to a friendly political parties and subvert the
political process of the host country. Key question, therefore, is how
countries can minimize possible negative effects and maximize the positive
effects of FDI through appropriate policies
27
In
such
28
of
29
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-liberalization period is a clear
indication that India is a fast emerging as an attractive destination for
overseas investors. As part of the economic reform program, policy and
procedures governing foreign investment 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.
30
certificate
from
the
joint
venture
31
approval
provided
the
proposed
foreign
equity
ceiling and
the requisite documents are filed withReserve Bank of India (RBI) within 30
days of receipt of funds.The automaticroute encompasses all proposals where
the proposed items of manufacture/activity does not require an industrial
license and is notreserved 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
throughthe automatic route of the RBI against total FDI flows remained
rather insignificant. This was partly due to the fact that automatic route.
Another limitation was the ceiling of 51 percent of foreign equity
holding.Increasing number proposals were cleared through the FIPB route
while the 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
32
received in 30 days. Some foreign investors use the FIPB application route
where there may be absence ofstate policy or lack of policy clarity.
33
34
Floriculture,
than
Tea
plantations)
the
new
policies
have
been
aimed
at
encouraging
the
policy
of
the
the
35
36
37
RBI has granted general permission under FEMA with 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.
38
its products
promote
technical/financial
39
Export/Import of goods
Rendering professional or consultancy services
Carrying out research work, in which the parent company is engaged.
Promoting technical or financial collaborations between Indiancompanies
and parent or overseas group company.
Representing the parent company in India and acting as buying/selling agents
in India.
Rendering services in Information Technology and development of software
in India.
Rendering technical support to the products supplied by the parent/group
companies.
Foreign airline/shipping Company.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 guidelinesPermission for setting up branch offices is
granted by the Reserve Bank of India (RBI).
5.Branch office on Stand-Alone Basis in Special Economic Zones(SEZs)
Such branch offices would be isolated and restricted to the SEZand no
business activity/transaction will be allowed outside the SEZ in India, which
include branches/subsidiaries of their parent office in India. No approval
shall be necessary from RBI for a company to establish a branch/unit in
SEZs to undertake manufacturing and service activities,subject to specified
conditions.
40
Authorized
Dealer.
The firm of proprietary concern is not engaged in any agricultural/ plantation
or real estate business, i.e. dealing in land and immovable property with a
view to earning profit or earning income therefrom.
The amount invested shall not be eligible for repatriation outside
India. NRIs/PIOs may invest in sole proprietorship
concerns/partnership
Foreign
investment
41
through
GDRs/ADRs,
Foreign
Currency
ceilings on investment. An
approval in this regard should have a consistent track record for good
performance (financial or otherwise) for a minimum period of 3 years.
This condition can be relaxed for Infrastructure projects such as power
generation, telecommunication, petroleum exploration and refining, ports,
airports
and
roads.There
is no
restriction
on the
number
42
or FIPB as the case may be. The following guidelines apply to issues of such
shares: Foreign investment in preference share is considered as part of share capital
and fall outside the External Commercial Borrowing (ECB)guidelines/cap
Preference shares to be treated as foreign direct equity for the purpose
of sectoral caps on foreign equity, where such caps are prescribed, provided
they carry a conversion option. If the preference shares are structured
without such conversion option, they would fall outside the foreign direct
equity cap.
Duration for conversion shall be as per the maximum limit prescribed under
the Companies Act or what has been agreed to in the shareholders agreement
whichever is less.
The dividend rate would not exceed the limit prescribed by the Ministry of
Finance.
Issue of Preference Shares should conform to guidelines prescribed by the
SEBI and RBI and other statutory requirements.
in
regard
to
technology
agreements.Foreign technology
technology
collaboration
43
2.FIPB Route
For the following categories, Government approval Is necessary:
Proposals attracting compulsory licensing.
Items of manufacture reserved for small-scale sector.
Proposals involving any previous joint venture or technologytransfer/trade
mark agreement in the same or allied field in India.
Extension of foreign technology collaboration agreements.
Proposals not meeting any or all of the parameters for automatic approval.
The different components of foreign technology collaboration such as
technicalknow how fees, payment for design and drawing, payment
for engineering service and royalty are eligible for approval throughTheauto
matic route, and by the Government.
44
CHAPTER-7:
SECTOR SPECIFIC GUIDELINES FOR FDI IN INDIA
7.1 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 wildlife experience to tourists, surface, air and water transport
facilities to tourists, leisure, entertainment, amusement,sports, and health
units for tourists and Convention/Seminar units andorganizations.For
foreign technology agreements, automatic approval is granted if
1.Up to 3% of the capital cost of the project is proposed to be paid
for technical and consultancy services including fees for architects,
design,supervision, etc.
2.Up to 3% of net turnover is payable for franchising and
marketing/publicity support fee, and up to 10% of gross operating profit is
payable for management fee, including incentive fee.
45
3.Minimum
capitalization
46
norms
for
non-fund
based
bringing
inadditional capital)
5.Joint Venture operating NBFC's that have 75% or less than
75%foreign investment will also be allowed to set up subsidiaries for underta
king other NBFC activities, subject to the subsidiaries also
Complying with the applicable minimum capital inflow i.e.2.(a)and2.
(b)above.
6.FDI in the NBFC sector is put on the automatic route subject to
compliance with the guidelines of the Reserve Bank of India. RBI would
issue appropriate guidelines in this regard
47
49%
requiring
Government
companies
would divest 26% of their equity in favor of Indian public in 5 years, if these
companies are listed in other parts of the world.
e.The above services would be subject to licensing and security
requirements, wherever required.Proposals for FDI beyond 49% shall be
considered by FIPB on case to case basis.
48
49
f.Trading of items sourced from the small scale sector under which, based
on technology provided and laid down quality specifications, acompany can
market that item under its brand name.
g. Domestic sourcing of products for exports.
h.Test marketing of such items for which a company has approval
for manufacture provided such test marketing facility will be for a periodof
two years, and investment in setting up manufacturing facility commences
simultaneously with test marketing.
FDI up to 100% permitted for e-commerce activities subject to the
conditionthat such companies would divest 26% of their equity in favor of
the Indian public in five years, if these companies are listed in other parts of
the world. Such companies would engage only in business to business
(B2B) e-commerce and not in retail trading.
50
51
52
53
54
55
make
India
a preferred
i.e.
transports
hospitality,
of
56
light of the above observations. The most important initiatives that need
attention are:
1.Empowering the State Governments with regard to FDI.
2. Developing a fast track clearance system for legal disputes.
3. Changing the mindset of bureaucracy through HR practices.
4.Developing basic infrastructure.
5.Improving
Indias
image
as
an investment
destination.While
the
57
Top
Investing
Countries
58
FDI
Inflows
in India
59
60
61
62
63
64
65
Taiwan,
Singapore,
as
well
as
in
other
south
Asian
countries.According to the STAR website, their service has more than 300
million viewers in 53countries and is watched by approximately 120 million
viewers every day.
History
Star News is one of the channels in a bouquet of channels run by STAR, a
subsidiary of News Corporation. STAR launched in 1991, was the pioneer
of satellite television in India. Now it runs channels in almost every genre
such as entertainment, movies, news, sports,documentary, music, etc., and
has a presence in 53 countries in Asia. Some of its channelsare Star Plus,
Star World, Channel V, ESPN.Thecompany was launched in 1 August 1990
as part of Hutchison Whampoagroup. Itstarted broadcasting five television
channels in 1 January 1991 fromAsiaSat1 Satellite.Launch of The STAR TV
Network pioneered satellite television in Asia and in the processcatalyzed
explosive growth in the media industry across the entire region.In
1993 News Corporationpurchased 63.6% of STAR for over $500 million,
followed bythe purchase of the remaining 36.4% in 1 January 1993.
Murdoch declared that:"(telecommunications) have proved an unambiguous
threat to totalitarian regimeseverywhere ... satellite broadcasting makes it
possible for information-hungry residents of many closed societies to bypass
state-controlled television channels"After this, the former prime minister Li
66
67
68
or
proximity
of
the
programming.
Given
further
69
her
focus
immediately
on
the
infrastructure
of
airports,
70
71
CHAPTER-11: CONCLUSION
welcome in almost
to
offer
ample
opportunities
for
destinations. Indias
investment
are
bureaucratic
facilities
delays,
pro-labor
laws,
widespread corruption,
political
risk
and
poor
weak
72
potential for FDI, would seem that India needs to accelerate efforts to
institutionalize government efficiency and advance the implementation
of promised reforms. Other strategic efforts should
market on Indias
investments
and
long
term
country into
potential,
a viable
addressing
export
the
platform and
73