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    PROJECT

    ON

    FOREIN DIRECT INVESTMENT

    SUBMITTED TO

    SAKET COLLEGE OF MANAGEMENT

    SAKET VIDYANAGRI MARG,

    CHINCHPADA RD., KATEMANIVALI

    KALYAN (EAST)

    GUIDED BY PREPARED BY

    PROF. SWANAND D. SAPNA NALAVADE

    POONAM MANDHARE

    VIVEKANAND THOKAL

    YOGESH DUBEY

    AMIT VARMA

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    About FDI

    Enhanced international response and powerful sectoral productivity ratios

    in India are incessantly drawing the attention of the global investors in

    India. Other aspects being characterized to the resumption in foreign direct

    investment (FDI) recently entail growing client assurance in the market.

    Investment in production in one country by firms based abroad. FDI forms

    a major part of investment in most industrial and some developing

    countries. Some FDI is intended to utilize local natural resources.

    Sometimes it is to employ relatively cheap labour, and sometimes to

    produce goods near to markets, particularly if trade barriers hinder exports.

    FDI may involve additions to a country's capital, but is sometimes locallyfinanced, so that what is imported is techniques and management skills.

    FDI is often criticized in both home and host countries. In home countries

    trades unions criticize FDI as exporting jobs; in host countries there are

    complaints that it is hard for local firms to compete with the know-how

    and financial resources of multinational companies. In both home and host

    countries the point is made that their multinational location improves the

    bargaining power of businesses in dealing with both government and

    trades unions.

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    What is FDI

    Foreign direct investment (FDI) occurs when an investor based in one

    country (the home country) acquires an asset in another country ( the host

    country).

    OR

    FDI or Foreign Direct Investment is any form of investment that earns

    interest in enterprises which function outside of the domestic territory of

    the investor.

    FDIs require a business relationship between a parent company and its

    foreign subsidiary. Foreign direct business relationships give rise to

    multinational corporations. For an investment to be regarded as an FDI,

    the parent firm needs to have at least 10% of the ordinary shares of its

    foreign affiliates. The investing firm may also qualify for an FDI if it owns

    voting power in a business enterprise operating in a foreign country.

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    Investment in India - Investing in India - Venturing

    into the Indian Market

    Investment in Indian market

    India, among the European investors, is believed to be a good investment

    despite political uncertainty, bureaucratic hassles, shortages of power and

    infrastructural deficiencies. India presents a vast potential for overseas

    investment and is actively encouraging the entrance of foreign players into

    the market. No company, of any size, aspiring to be a global player can,

    for long ignore this country which is expected to become one of the top

    three emerging economies.

    Success in India

    Success in India will depend on the correct estimation of the country's

    potential, underestimation of its complexity or overestimation of its

    possibilities can lead to failure. While calculating, due consideration

    should be given to the factor of the inherent difficulties and uncertainties

    of functioning in the Indian system.Entering India's marketplace requires a

    well-designed plan backed by serious thought and careful research. For

    those who take the time and look to India as an opportunity for long-term

    growth, not short-term profit- the trip will be well worth the effort.

    Market potential

    India is the fifth largest economy in the world (ranking above France,

    Italy, the United Kingdom, and Russia) and has the third largest GDP in

    the entire continent of Asia. It is also the second largest among emerging

    nations. (These indicators are based on purchasing power parity.) India is

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    also one of the few markets in the world which offers high prospects for

    growth and earning potential in practically all areas of business.Yet,

    despite the practically unlimited possibilities in India for overseas

    businesses, the world's most populous democracy has, until fairly recently,

    failed to get the kind of enthusiastic attention generated by other emerging

    economies such as China.

    Lack of enthusiasm among investors

    The reason being, after independence from Britain 50 years ago, India

    developed a highly protected, semi-socialist autarkic economy. Structural

    and bureaucratic impediments were vigorously fostered, along with a

    distrust of foreign business. Even as today the climate in India has seen a

    seachange, smashing barriers and actively seeking foreign investment,

    many companies still see it as a difficult market. India is rightfully quoted

    to be an incomparable country and is both frustrating and challenging at

    the same time. Foreign investors should be prepared to take India as it is

    with all of its difficulties, contradictions and challenges.

    Developing a basic understanding or potential of the Indian market,

    envisaging and developing a Market Entry Strategy and implementing

    these strategies when actually entering the market are three basic steps

    to make a successful entry into India.

    Developing a basic understanding or potential of the Indian market

    The Indian middle class is large and growing; wages are low; many

    workers are well educated and speak English; investors are optimistic and

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    local stocks are up; despite political turmoil, the country presses on with

    economic reforms.But there is still cause for worries-

    Infrastructural hassles.

    The rapid economic growth of the last few years has put heavy stress on

    India's infrastructural facilities. The projections of further expansion in key

    areas could snap the already strained lines of transportation unless massive

    programs of expansion and modernization are put in place. Problems

    include power demand shortfall, port traffic capacity mismatch, poor road

    conditions (only half of the country's roads are surfaced), low telephone

    penetration (1.4% of population).

    Indian Bureaucracy.

    Although the Indian government is well aware of the need for reform and

    is pushing ahead in this area, business still has to deal with an inefficient

    and sometimes still slow-moving bureaucracy.

    Diverse Market .

    The Indian market is widely diverse. The country has 17 official

    languages, 6 major religions, and ethnic diversity as wide as all of Europe.

    Thus, tastes and preferences differ greatly among sections of consumers.

    Therefore, it is advisable to develop a good understanding of the Indian

    market and overall economy before taking the plunge. Research firms in

    India can provide the information to determine how, when and where to

    enter the market. There are also companies which can guide the foreign

    firm through the entry process from beginning to end --performing the

    requisite research, assisting with configuration of the project, helping

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    develop Indian partners and financing, finding the land or ready premises,

    and pushing through the paperwork required.

    Developing up-front takes:

    Market Study

    Is there a need for the products/services/technology? What is the probable

    market for the product/service? Where is the market located? Which mix

    of products and services will find the most acceptability and be the most

    likely to generate sales? What distribution and sales channels are

    available? What costs will be involved? Who is the competi

    Check on Economic Policies

    The general economic direction in India is toward liberalization and

    globalization. But the process is slow. Before jumping into the market, it is

    necessary to discover whether government policies exist relating to the

    particular area of business and if there are political concerns which should

    be taken into account.

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    Foreign Direct Investment (FDI) is permited as

    under the following forms of investments.

    y Through financial collaborations.y Through joint ventures and technical collaborations.y Through capital markets via Euro issues.y Through private placements or preferential allotments.

    Forbidden Territories:

    FDI is not permitted in the following industrial sectors:

    y Arms and ammunition.y Atomic Energy.y Railway Transport.y Gambling & Bettingy Agriculture & Plantation (other than Tea plantation)y Coal and lignite.y Housing & Real Estatey Mining of iron, manganese, chrome, gypsum, sulphur, gold,

    diamonds, copper, zinc.

    Foreign Investment through GDRs (Euro Issues)

    Foreign Investment through GDRs is treated as Foreign Direct

    Investment

    Indian companies are allowed to raise equity capital in the international

    market through the issue of Global Depository Receipt (GDRs). GDRs are

    designated in dollars and are not subject to any ceilings on investment. An

    applicant company seeking Government's approval in this regard should

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    have consistent track record for good performance (financial or otherwise)

    for a minimum period of 3 years. This condition would be relaxed for

    infrastructure projects such as power generation, telecommunication,

    petroleum exploration and refining, ports, airports and roads.

    Clearance from FIPB

    There is no restriction on the number of Euro-issue to be floated by a

    company or a group of companies in the financial year . A company

    engaged in the manufacture of items covered under Annex-III of the New

    Industrial Policy whose direct foreign investment after a proposed Euro

    issue is likely to exceed 51% or which is implementing a project not

    contained in Annex-III, would need to obtain prior FIPB clearance before

    seeking final approval from Ministry of Finance.

    Use of GDRs

    The proceeds of the GDRs can be used for financing capital goods

    imports, capital expenditure including domestic purchase/installation of

    plant, equipment and building and investment in software development,

    prepayment or scheduled repayment of earlier external borrowings, and

    equity investment in JV/WOSs in India.

    Restrictions

    However, investment in stock markets and real estate will not be

    permitted. Companies may retain the proceeds abroad or may remit funds

    into India in anticiption of the use of funds for approved end uses. Any

    investment from a foreign firm into India requires the prior approval of the

    Government of India.

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    Investment in India - Foreign Direct Investment - Approval

    Foreign direct investments in India are approved through two routes:

    Automatic approval by RBI:

    The Reserve Bank of India accords automatic approval within a period of

    two weeks (provided certain parameters are met) to all proposals

    involving:

    y foreign equity up to 50% in 3 categories relating to mining activities(List 2).

    y foreign equity up to 51% in 48 specified industries (List 3).y foreign equity up to 74% in 9 categories (List 4).y where List 4 includes items also listed in List 3, 74% participation

    shall apply.

    The lists are comprehensive and cover most industries of interest to

    foreign companies. Investments in high-priority industries or for trading

    companies primarily engaged in exporting are given almost automatic

    approval by the RBI.

    Opening an office in India

    Opening an office in India for the aforesaid incorporates assessing the

    commercial opportunity for self, planning business, obtaining legal,

    financial, official, environmental, and tax advice as needed, choosing legal

    and capital structure, selecting a location, obtaining personnel, developing

    a product marketing strategy and more.

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    The FIPB Route:

    Processing of non-automatic approval cases

    FIPB stands for Foreign Investment Promotion Board which approves all

    other cases where the parameters of automatic approval are not met.

    Normal processing time is 4 to 6 weeks. Its approach is liberal for all

    sectors and all types of proposals, and rejections are few. It is not

    necessary for foreign investors to have a local partner, even when the

    foreign investor wishes to hold less than the entire equity of the company.

    The portion of the equity not proposed to be held by the foreign investor

    can be offered to the public.

    Setting up of froreign Investment Promotion Board

    (FIPB)

    The Indian government has set up Foreign Investment Promotion Board

    (FIPB). FIPB is the only agency in the country that deals with foreign

    direct investments and investments into India.

    The main objective of Foreign Investment Promotion Board (FIPB) is to

    encourage foreign direct investment into the country by taking up

    activities that promote investment. The chairman of Foreign Investment

    Promotion Board (FIPB) is the Secretary Industry of the Department of

    Industrial Promotion and Policy, government of India.

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    Functions of Foreign Investment Promotion Board

    (FIPB):

    y To quickly approve the foreign investment proposals.y To review the foreign direct investment polices and to communicate

    with other agencies such as the Administrative Ministries in order to

    set up guidelines that are transparent and which encourage FDI into

    the various sectors of the country.

    y To look over the implementation of the various proposals that have

    been approved by it.y To take up such activities that encourage FDI into the country such

    as establishing contact with international companies and also

    inviting them to invest in India.

    y To communicate with government, non- government, and IndustryBodies in order to increase the flow of foreign direct investment into

    the country.

    y To communicate with the Foreign Investment Promotion Councilthat has been set up in the Industry Ministry.

    y To identify the various sectors that require foreign direct investment.y To take up all other activities that help in increasing the flow of

    foreign direct investment into the country.

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    Cabinet Committee Of Foreign Investment (CCFI)

    Investment proposals falling outsidethe automatic route and having a

    project cost of Rs. t6,000 million or more would require prior approval of

    Cabinet Committee of Foreign Investment (CCFI).

    .Decision of CCFI usually conveyed in 8-10 weeks. Thereafter, filings

    have to be made by the Indian company with the RBI.

    Investment proposals falling within the automaticroute and having a

    project cost of Rs. 6,000 million or more do not require to be approved by

    CCFI.

    Total foreign investment and FDI

    Total foreign investment in IFY 1997-98 was estimated at dols 4.8 billion

    in 1997-98, compared to dols 6 billion in 1996-97. Foreign Direct

    Investment (FDI) in 1997-98 was an estimated dols 3.1 billion, up from

    dols 2.7 billion in1996-97. The government is likely to double FDI inflows

    within two years. Foreign portfolio investment by foreign institutional

    investors was significantly lower at dols 752 million for fiscal 1997-98,

    down compared to dols 1.9 billion in1996-97, partly reflecting the effect of

    the recent crisis in Asia.

    Foreign institutional investors

    Foreign institutional investors (FIIs) were net sellers from November 1997

    through January 1998. The outflow, prompted by the economic and

    currency crisis in Asia and some volatility in the Indian rupee, was modest

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    compared to the roughly dols 9 billion which has been invested in India by

    FIIs since 1992.

    FII investments

    FII net investment declined to dols 1.5 billion for IFY 1997-98, compared

    to dols 2.2 billion in 1996-97. The trend reversed itself in February and

    March 1998, reflecting the renewed stability of the rupee and relatively

    attractive valuations on Indian stock markets.

    Large outflows of capital

    Large outflows began again in May 1998, following India's nuclear tests

    and volatility in the rupee/dollar exchange rate. In an effort to avoid

    further heavy outflows, the RBI announced in June that FIIs would be

    allowed to hedge their incremental investments in Indian markets after

    June11, 1998.

    FDI In India Across Different Sectors

    Hotel & Tourism

    Hotels include restaurants, beach resorts and business ventures providing

    accommodation and food facilities to tourist. Tourism would include travel

    agencies, tour operators, transport facilities, leisure, entertainment,

    amusement, sports and health units.

    100 per cent FDI is permitted for this sector through the automatic

    route.

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    Trading

    For trading companies 100 per cent FDI is allowed for

    y Exportsy Bulk Importsy Cash and Carry wholesale trading.

    Power

    For business activities in power sector like electricity generation,

    transmission and distribution other than atomic plants the FDI allowed is

    up to 100 per cent.

    Drugs & Pharmaceuticals

    For the production of drugs and pharmaceutical a FDI of 100 per cent is

    allowed, subject to the fact that the venture does not attract compulsory

    licensing, does not involve use of recombinant DNA technology.

    Private Banking

    FDI of 49 per cent is allowed in the Banking sector through the automatic

    route provided the investment adheres to guidelines issued by RBI.

    Insurance Sector

    For the Insurance sector FDI allowed is 26 per cent through the automatic

    route on condition of getting license from Insurance Regulatory and

    Development Authority (IRDA).

    Telecommunication

    y For basic, cellular, value added services and mobile personalcommunications by satellite, FDI is 49 per cent.

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    y For ISPs with gateways, radio-paging and end to end bandwidth,FDI is allowed up to 74 per cent. But any FDI above 49 per cent

    would require government approval.

    Business Processing Outsourcing

    FDI of 100 per cent is permitted provided such investments satisfy certain

    prerequisites.

    NRI's And OCB's

    They can have direct investment in industry, trade and infrastructure

    Up to 100 per cent equity is allowed in the following sectors

    y 34 High Priority Industry Groupsy Export Trading Companiesy Hotels and Tourism-related Projectsy Hospitals, Diagnostic Centersy Shippingy Deep Sea Fishingy Oil Explorationy Powery Housing and Real Estate Developmenty Highways, Bridges and Portsy Sick Industrial Unitsy Industries Requiring Compulsory Licensingy Industries Reserved for Small Scale Sector

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    Sector wise Regulation in Foreign Investment

    i) Automatic route for specified activities subject to Sectoral cap and

    conditions.

    Sectors Cap

    Airports

    y Existingy Greenfie

    74%

    100%

    Air Transport Services

    y Non Resident Indiansy Other

    100%

    49%

    Alcohol distillation and brewing 100%

    Banking (Private Sector) 74%

    Coal and Lignite mining (specified) 100%

    Coffee, Rubber processing and warehousing 100%

    Construction and Development (Specified

    projects)

    100%

    Floriculture, Horticulture and Animal Husbandry 100%

    Specified Hazardous chemicals 100%

    Industrial Explosives Manufacturing 100%

    Insurance 26%

    Mining (Precious metals, Diamonds and stones) 100%

    Non banking finance companies ( conditional) 100%

    Petroleum and Natural gas

    yRefining (private companies)

    y Other areas100%

    100%

    Power generation, transmission, distribution 100%

    Trading

    y Wholesale cash and carry100%

    100%

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    y Trading of ExportsSEZs and Free Trade

    Warehousing Zones

    100%

    Telecommunication

    y Basic and cellular servicesy ISP with gateways, radio paging, end-end

    bandwith (Above 49 % required Govt.

    Approval.)

    49%

    74%

    Prior Approval from FIPB where investment is above Sectoral caps

    for activities listed below.

    Sectors Cap

    New Investment by a foreign investor in a field in which the investor

    already has an existing joint venture or collaboration with another

    Indian partner

    New investment sought to be made in manufacture of items reserved

    for Small Scale Industries Existing Airports 74% to 100%

    Asset reconstruction companies 49%

    Atomic Minerals 74%

    y Broadcastingo FM Radioo Cable networko Direct-To-Home (DTH)o

    Setting up hardware facilitieso Uplinking news and current affairso Uplinking non-news, current affairs

    TV channel

    20%

    49%

    49%

    49%26%

    100%

    y Cigarette manufacturing 100 %

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    y Courier services other than those under theambit of Indian Post Office Act, 1898

    100 %

    y Defense production 26 %y Investment companies in infrastructure /

    service sector (except telecom)49 %

    y Petroleum and natural gas refining (PSU) 26 %y Tea Sector including Tea plantation 100 %y Trading items sourced from Small scale

    sector

    100 %

    y Test marketing for equipment for whichcompany has approval for manufacture

    100 %

    y Single brand retailing 51 %y Satellite establishment and operations 74 %y Print Media

    o Newspapers and periodicals dealingwith news and current affairs

    o Publishing of scientific magazines /specialty journals periodicals

    26 %

    100 %

    y Telecommunicationo Basic and unified access serviceso ISP with gateways, radio paging, end

    to end bandwidth

    o ISP with gateway (specified)

    49 % to 74 %

    49 % to 74 %

    49 % to 100 %

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    Benefits of Foreign Direct Investment-

    Attracting foreign direct investment has become an integral part of the economic development strategies

    for India. FDI ensures a huge amount of domestic capital, production level, and employment

    opportunities in the developing countries, which is a major step towards the economic growth of the

    country. FDI has been a booming factor that has bolstered the economic life of India, but on the other

    hand it is also being blamed for ousting domestic inflows. FDI is also claimed to have lowered few

    regulatory standards in terms of investment patterns. The effects of FDI are by and large

    transformative. The incorporation of a range of well-composed and relevant policies will boost up the

    profit ratio from Foreign Direct Investment higher. Some of the biggest advantages of FDI enjoyed by

    India have been listed as under:

    Economic growth- This is one of the major sectors, which is enormously benefited from foreign direct

    investment. A remarkable inflow of FDI in various industrial units in India has boosted the economic life

    of country.

    Trade- Foreign Direct Investments have opened a wide spectrum of opportunities in the trading of

    goods and services in India both in terms of import and export production. Products of superior quality

    are manufactured by various industries in India due to greater amount of FDI inflows in the country.

    Employment and skill levels- FDI has also ensured a number of employment opportunities by aiding

    the setting up of industrial units in various corners of India.

    Technology diffusion and knowledge transfer- FDI apparently helps in the outsourcing of

    knowledge from India especially in the Information Technology sector. It helps in developing the know-

    how process in India in terms of enhancing the technological advancement in India.

    Linkages and spillover to domestic firms- Various foreign firms are now occupying a position in the

    Indian market through Joint Ventures and collaboration concerns. The maximum amount of the profits

    gained by the foreign firms through these joint ventures is spent on the Indian market.