TIOL-DDT 1775 · Monday, 16 January 2012 · story 8 of 9

Single Brand Retail - FDI - 100% Permitted

AS of now, Foreign Direct Investment (FDI), in retail trade, is prohibited except in single brand product retail trading, in which FDI, up to 51% is permitted. The Government has now decided to permit FDI, up to 100%, under the government approval route, in Single-Brand Product Retail Trading.

As per the Press Note released by the Government, "Foreign Investment in Single Brand product retail trading is aimed at attracting investments in production and marketing, improving the availability of such goods for the consumer, encouraging increased sourcing of goods from India, and enhancing competitiveness of Indian enterprises through access to global designs, technologies and management practices."

FDI in Single Brand product retail trading would be subject to the following conditions:

(a) Products to be sold should be of a 'Single Brand' only.

(b) Products should be sold under the same brand internationally i.e. products should be sold under the same brand in one or more countries other than India.

(c) 'Single Brand' product-retail trading would cover only products which are branded during manufacturing.

(d) The foreign investor should be the owner of the brand.

(e) In respect of proposals involving FDI beyond 51%, mandatory sourcing of at least 30% of the value of products sold would have to be done from Indian 'small industries/ village and cottage industries, artisans and craftsmen'. 'Small industries' would be defined as industries, which have a total investment in plant & machinery not exceeding US $ 1.00 million. This valuation refers to the value at the time of installation, without providing for depreciation. Further, if at any point in time, this valuation is exceeded, the industry shall not qualify as a 'small industry' for this purpose. The compliance of this condition will be ensured through self-certification by the company, to be subsequently checked, by statutory auditors, from the duly certified accounts, which the company will be required to maintain.

RBI informs that Necessary amendments to Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (Notification No. FEMA 20/2000-RB dated May 3, 2000) are being notified separately.

Please also see:

1. Customs Valuation implications for Retail FDI in India

2. Govt notifies consolidated FDI Policy; allows 51% equity in single brand retailing; puts caps in broadcasting and prohibits investment in chit fund, Nidhi and lottery business

Department of Industrial Policy & Promotion Press Note No.1 (2012 Series) Dated: January 10, 2012 and AP(DIR Series) Circular No. 67/RBI., Dated: January 13, 2012