CIR.
NO. 42/2003-04-RB, DT. 06/12/2003
Overseas Direct Investment - Liberalisation
Attention
of Authorised Dealers is invited to AP (DIR Series) Circular No.41 dated
December 6, 2003 permitting Indian companies to transfer shares of their JV/WOS
abroad by way of sale under Automatic Route. As Authorised Dealers are aware,
such disinvestment is permitted only in case of full repatriation of investment
made and other entitlements, if any.
2. As a further measure of liberalisation, it has been decided to permit Indian
listed companies to disinvest their investment in a JV/WOS abroad even in case
where such disinvestment may result in a write-off of the capital invested to
the extent of 10% of the previous year’s export realisation. Other terms and
conditions and reporting requirements listed in the annexure to our AP (DIR)
Circular mentioned above remain unchanged.
3. Necessary amendments to the Foreign Exchange Management (Transfer or issue of
any foreign security) Regulations, 2000 vide Notification No.FEMA.19/RB-2000
dated May 3, 2000 and other relevant Notifications are being issued separately.
4. Authorised Dealers may bring the contents of this circular to the notice of
their constituents concerned.
5. The directions contained in this circular have been issued under Section
10(4) and Section 11(1) of the Foreign Exchange Management Act 1999 (42 of
1999).