ANNEXURE - II

Airports

Up to 100%, with FDI beyond 74% requiring Government approval 

Atomic minerals  

The following three activities are permitted to receive FDI/NRI 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):

Mining and mineral separation

Value addition per se to the products of (a) above

Integrated activities [comprising of both (a) and (b) above.] The following FDI participation is permitted:

• Up to 74% in both pure value addition and integrated projects
• 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%
• In exceptional cases, FDI beyond 74% will be permitted subject to clearance of the Atomic Energy Commission before FIPB approval

Agriculture (including plantation)

No FDI/NRI Investment is permitted other than Tea sector. FDI, permitted up to 100% in Tea sector, including tea plantations, with prior Government approval and subject to following conditions:

• Compulsory divestment of 26% equity in favour of Indian partner/Indian public within a period of five years, and
• Prior State government approval required in case of any future land use change.

The above dispensation would be applicable to all fresh investments (FDI) made in this sector. 

Advertising and films  

Broadcasting

Broadcasting

• TV Software Production 100% foreign investment allowed subject to:
  • all future laws on broadcasting and no claim of any privilege or protection by virtue of approval accorded, and
  • not undertaking any broadcasting from Indian soilwithout Government approval
• Setting up hardware facilities, such as uplinking, HUB, etc. Private companies incorporated in India with permissible FII/ NRI/PIO equity within the limits (as in the case of telecom sector FDI limit up to 49% inclusive of both FDI and portfolio investment) to set up uplinking hub (teleports) for leasing or hiring out their facilities to broadcasters
  
  Foot note:- As regards satellite broadcasting, all TV channels irrespective of management control to uplink from India provided they undertake to comply with the broadcast (programme & advertising) code
  
  
• Cable Network
  Foreign investment allowed up to 49% (inclusive of both FDI and portfolio investment) of paid up share capital. Companies with minimum 51% of paid up share capital held by Indian citizens are eligible under the Cable Television Network Rules (1994) to provide cable TV services
• Direct-to-Home
  Company with a maximum of foreign equity including FDI/NRI/FII of 49% would be eligible to obtain DTH License. Within the foreign equity, the FDI component not to exceed 20%
• Terrestrial Broadcasting FM
  The licensee shall be a company registered in India under the Companies Act. All share holding should be held by Indians except for the limited portfolio investment by FII/NRI/PIO/OCB subject to such ceiling as may be decided from time to time. Company shall have no direct investment by foreign entities, NRIs and OCBs. As of now, the foreign investment is permissible to the extent of 20% portfolio investment
• Terrestrial TV
  No private operator is allowed in terrestrial TV transmission

Coal & Lignite

Domestic Airlines

(Detailed guidelines have been issued by Ministry of Civil Aviation) In the domestic Airlines

• FDI up to 40% permitted subject to no direct or indirect equity participation by foreign airlines
• 100% investment by NRIs
• The automatic route is not available

Defence & Strategic Industries

Foreign Direct Investment, including NRI investment, is permitted up to 26% with prior Government approval subject to licensing and security requirements. Detailed guidelines for participation of private sector and foreign investors in this sector are given in Appendix-IV.

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

Establishment & Operation of Satellite

FDI up to 74% is permitted with prior Government approval 

Hotels & Tourism

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 organisations For foreign technology agreements, automatic approval is granted if

• 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.
• 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 

Housing & Real Estate

No foreign investment is permitted in this sector except for development of integrated townships and settlements where FDI up to 100% is permitted with prior Government approval. NRIs are allowed to invest in the following activities

• Development of serviced plots and construction of built up residential premises
• Investment in real estate covering construction of residential and commercial premises including business centres and offices
• Development of townships
• City and regional level urban infrastructure facilities, including both roads and bridges
• Investment in manufacture of building materials, which is also open to FDI
• Investment in participatory ventures in (a) to (e) above
• Investment in housing finance institutions, which is also open to FDI as an NBFC

Investing Companies in Infrastructure /Service Sector

In respect of the companies in infrastructure/service 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

Insurance

FDI up to 26% in the Insurance sector is allowed on the automatic route subject to obtaining licence from Insurance Regulatory & Development Authority (IRDA)

Lottery Business, Gambling & Betting

Government has reiterated prohibition of foreign direct investment (FDI) gambling & betting / Foreign technical collaboration (FTC) in any form in lottery business, gambling and betting sector. 

Mass Rapid Metro Transit System

FDI up to 100% is permitted on the automatic route in mass rapid transport system in all metros including associated real estate development 

Mining

• For exploration and mining of diamonds and precious stones FDI is allowed up to 74% under automatic route
• For exploration and mining of gold and silver and minerals other than diamonds and precious stones, metallurgy and processing FDI is allowed up to 100% under automatic route
• Press Note No. 18 (1998 series) dated 14.12.98 would not be applicable for setting up 100% owned subsidiaries in so far as the mining sector is concerned, subject to a declaration from the applicant that he has no existing joint venture for the same area and / or the particular mineral 

Non Banking Financial Companies

1. FDI/NRI investments allowed in the following 19 NBFC activities shall be as per levels indicated below:
   • Merchant banking
   • Underwriting
   • Portfolio Management Services
   • Investment Advisory Services
   • Financial Consultancy
   • Stock Broking
   • Asset Management
   • Venture Capital
   • Custodial Services
   • Factoring
   • Credit Reference Agencies
   • Credit rating Agencies
   • Leasing & Finance
   • Housing Finance
   • Forex Broking
   • Credit card business
   • Money changing Business
   • Micro Credit
   • Rural Credit
2. Minimum Capitalisation Norms for fund based NBFCs:
   • For FDI up to 51% - US$ 0.5 million to be brought upfront
   • For FDI above 51% and up to 75% - US $ 5 million to be brought upfront
   • For FDI above 75% and up to 100% - US $ 50 million out of which US $ 7.5 million to be brought upfront and the balance in 24 months
3. Minimum capitalisation norms for non-fund based activities: Minimum capitalisation norm of US $ 0.5 million is applicable in respect of all permitted non- fund based NBFCs with foreign investment
4. Foreign investors can set up 100% operating subsidiaries without the condition to disinvest a minimum of 25% of its equity to Indian entities, subject to bringing in US$ 50 million as at (b) (iii) above (without any restriction on number of operating subsidiaries without bringing in additional 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 undertaking other NBFC activities, subject to the subsidiaries also complying with the applicable minimum capital inflow i.e. (b)(i) and (b)(ii) above
6. FDI in the NBFC sector is put on automatic route subject to compliance with guidelines of the Reserve Bank of India. RBI would issue appropriate guidelines in this regard

Petroleum (other than refining)

Petroleum (Refining)

• Under the exploration policy, FDI up to 100% is allowed in both small and medium sized fields on the automatic route through (Other than Refining) competitive bidding; up to 60% for unincorporated JV; and up to 51% for incorporated JV with a No Objection Certificate for medium size fields
• For petroleum products pipeline , FDI is permitted up to 100% under automatic routec. FDI is permitted up to 100% on automatic route in petroleum products marketing FDI upto 100% is permitted for Natural Gas/LNG Pipelines with prior Government approval
• 100% wholly owned subsidiary(WOS) is permitted for the purpose of market study and formulation
• 100% wholly owned subsidiary (WOS) is permitted for investment/Financing
• For actual trading and marketing, minimum 26% Indian equity is required over 5 years
• FDI is permitted up to 26% in case of public sector units (PSUs). PSUs will hold 26% (Refining) and balance 48% by public. Automatic route is not available
• In case of private Indian companies, FDI is permitted up to 100% under automatic route

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

Postal Services

FDI up to 100% is permitted in courier services with prior Government approval excluding distribution of letters, which is reserved exclusively for the state

Power

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

Print Media

The following FDI participation in Indian entities publishing News Papers and periodicals is permitted:

• FDI up to 100% in publishing/printing scientific & technical magazines, periodicals & journals
• FDI up to 26% in publishing News Papers and Periodicals dealing in News and Current Affairs subject to verification of antecedents of foreign investor, keeping editorial and management control in the hands of resident Indians and ensuring against dispersal of Indian equity. The detailed guidelines had been issued by Ministry of Information and Broadcasting

Private Sector Banking

74% from all sources on the automatic route subject to guidelines issued from RBI from time to time. Consolidated guidelines are given at Appendix-III

Roads and Highways, Ports and Harbours

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 harbours

Telecommunication

• 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 the investment is being made) to the licence conditions for foreign equity cap and lock- in period for transfer and addition of equity and other licence provisions
• In ISPs with gateways, radio-paging and end-to-end bandwidth, FDI is permitted up to 74% with FDI, beyond 49% requiring Government approval. These services would be subject to licensing and security requirements
• No equity cap is applicable to manufacturing activities
• FDI up to 100% is allowed for the following activities in thetelecom sector :
  • ISPs not providing gateways (both for satellite and submarine cables)
  • Infrastructure Providers providing dark fibre (IP Category I)
  • Electronic Mail; and
  • Voice Mail

The above would be subject to the following conditions:

• FDI up to 100% is allowed subject to the condition that such companies would divest 26% of their equity in favour of Indian public in 5 years, if these companies are listed in other parts of the world
• 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

Trading

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:- 100% FDI is permitted in case of trading companies for the following activities:

• exports
• bulk imports with ex-port/ex-bonded 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 services among the companies of the same group and not for third party use or onward transfer/distribution/sales

ii. The following kinds of trading are also permitted, subject to provisions of Foreign Trade 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
• FDI up to 100% permitted for e-commerce activities subject to the condition that such companies would divest 26% of their equity in favour 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 FDI is not permitted in retail trading activity.

Township Development

FDI up to 100% is permitted for development of integrated townships including houses, commercial premises, hotels, resorts, city and regional level urban infrastructure facilities such as roads and bridges, mass rapid transit system; and manufacture of building materials. Development of land and providing allied infrastructure will form an integral part of township’s development. FDI in this sector would be permissible with prior Government approval. Detailed guidelines regarding investment in this sector are given at Appendix-V

Venture Capital

Offshore Venture Capital Funds/Companies are allowed to invest in domestic Venture Capital Fund (VCF) and undertaking as well as other companies through the automatic route, subject only to SEBI Company (VCC) regulations and sector Venture Capital specific caps on FDI