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Government of India
                                    Ministry of Commerce & Industry
                               Department of Industrial Policy & Promotion
                                              (FC-I Section)

                                       Press Note No.1 (2012 Series)

Subject:       Review of the policy on Foreign Direct Investment- liberalization   of the policy in Single-
               Brand Retail Trading.

1.0        Present Position:

           Foreign Direct Investment (FDI), in retail trade, is prohibited except in single brand product
           retail trading, in which FDI, up to 51% is permitted, subject to conditions specified under
           paragraph 6.2.16.4 of 'Circular 2 of 2011- Consolidated FDI Policy'.

2.0        Revised Position:

           The Government of India has reviewed the extant policy on FDI and decided that FDI, up to
           100%, under the government approval route, would be permitted in Single-Brand Product
           Retail Trading, subject to specified conditions, as indicated in paragraph 3.0 below.

3.0        Accordingly, the following amendment is made in 'Circular 2 of 2011- Consolidated FDI
           Policy', dated 30.09.2011, issued by the Department of Industrial Policy & Promotion:

3.1        Paragraph 6.2.16.4 is substituted   with the following:

           6.2.16.4     Single Brand product retail trading    I 100%               I Government
                        (1) 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.

                        (2) 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 ofthe 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


                                                 Page 1 of2
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.

                      (3) Application seeking permission of the Government for FDI in retail trade
                      of 'Single Brand' products would be made to the Secretariat for Industrial
                      Assistance (SIA) in the Department of Industrial Policy & Promotion.      The
                      application would specifically indicate the product/ product categories which
                      are proposed to be sold under a 'Single Brand'. Any addition to the product/
                      product categories to be sold under 'Single Brand' would require a fresh
                      approval of the Government.
                      (4) Applications would be processed in the Department of Industrial Policy &
                      Promotion, to determine whether the products proposed to be sold satisfy
                      the notified guidelines, before being considered by the FIPB for Government
                      approval.


4.0      The above decision will take immediate effect.

5.0      The above provisions will be incorporated   in the next Circular on Consolidated FDI Policy to
         be issued on 31.3.2012.



                                                                                        (Anjali Prasad)
                                                           Joint Secretary to the Government of India
0/0 IPP File No.: 5/12/2010-FC-1 dated:    io" January,   2012

Copy forwarded to:
1. Press Information    Officer, Press Information   Bureau- for giving wide publicity to the above
   Press Note.
2. BE Section in the Department     of Industrial Policy and Promotion- for uploading the Press
      Note on DIPP's website.




                                              Page 2 of2

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Foreign direct investment

  • 1. Government of India Ministry of Commerce & Industry Department of Industrial Policy & Promotion (FC-I Section) Press Note No.1 (2012 Series) Subject: Review of the policy on Foreign Direct Investment- liberalization of the policy in Single- Brand Retail Trading. 1.0 Present Position: Foreign Direct Investment (FDI), in retail trade, is prohibited except in single brand product retail trading, in which FDI, up to 51% is permitted, subject to conditions specified under paragraph 6.2.16.4 of 'Circular 2 of 2011- Consolidated FDI Policy'. 2.0 Revised Position: The Government of India has reviewed the extant policy on FDI and decided that FDI, up to 100%, under the government approval route, would be permitted in Single-Brand Product Retail Trading, subject to specified conditions, as indicated in paragraph 3.0 below. 3.0 Accordingly, the following amendment is made in 'Circular 2 of 2011- Consolidated FDI Policy', dated 30.09.2011, issued by the Department of Industrial Policy & Promotion: 3.1 Paragraph 6.2.16.4 is substituted with the following: 6.2.16.4 Single Brand product retail trading I 100% I Government (1) 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. (2) 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 ofthe 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 Page 1 of2
  • 2. 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. (3) Application seeking permission of the Government for FDI in retail trade of 'Single Brand' products would be made to the Secretariat for Industrial Assistance (SIA) in the Department of Industrial Policy & Promotion. The application would specifically indicate the product/ product categories which are proposed to be sold under a 'Single Brand'. Any addition to the product/ product categories to be sold under 'Single Brand' would require a fresh approval of the Government. (4) Applications would be processed in the Department of Industrial Policy & Promotion, to determine whether the products proposed to be sold satisfy the notified guidelines, before being considered by the FIPB for Government approval. 4.0 The above decision will take immediate effect. 5.0 The above provisions will be incorporated in the next Circular on Consolidated FDI Policy to be issued on 31.3.2012. (Anjali Prasad) Joint Secretary to the Government of India 0/0 IPP File No.: 5/12/2010-FC-1 dated: io" January, 2012 Copy forwarded to: 1. Press Information Officer, Press Information Bureau- for giving wide publicity to the above Press Note. 2. BE Section in the Department of Industrial Policy and Promotion- for uploading the Press Note on DIPP's website. Page 2 of2