Showing posts with label FDI in Defence Sector. Show all posts
Showing posts with label FDI in Defence Sector. Show all posts

Friday, July 24, 2015

Private Participation in Defence Production

Press Information Bureau 
Government of India
Ministry of Defence

Private Participation in Defence Production 

Since the opening of the private sector participation in defence sector, a total of 287 Industrial Licenses have been issued till date. Further, the FDI amounting to US$ 5.02 million has been received in the defence industry sector so far. The information relating to actual investment made in respect of Industrial Licenses is not available. 

Some of the major initiatives taken by the Government to attract investment from domestic private sector companies in defence production are given below:- 

o The Defence Products List for the purpose of issuing Industrial Licences (ILs) under IDR Act has been revised and most of the components, parts, sub-systems, testing equipment, production equipment have been removed from the List, so as to reduce the entry barriers for the industry, particularly small & medium segment. 

o Process of applying for Industrial License (IL) and Industrial Entrepreneur Memorandum (IEM) has been made completely online and this service is now available to entrepreneurs on 24X7 basis at eBiz website without human interface. 

o Guidelines have been issued to streamline the processing of applications for grant of extension of validity of Industrial License. 

o The initial validity of the Industrial Licence granted under the IDR Act has been increased from 3 years to 7 years with a provision to further extend it by 3 years on a case-to-case basis. 

o Partial commencement of production is treated as commencement of production of all the items included in the license. 

o The ‘Security Manual for Licensed Defence Industry’ has been issued. With the issue of the Security Manual, the requirement of affidavit from the applicants, has been done away with. 

o Restriction of annual capacity in the Industrial License for Defence Sector has been removed. 

o Licensee has been allowed to sell the defence items to the Government entities under the control of MHA, PSUs, State Governments and Other Defence Licensee companies without approval of Department of Defence production. 

o Application Forms for Industrial License & Industrial Entrepreneur Memorandum have been simplified. 

o The advanced version of NIC Code (NIC 2008) has been adopted, which is a highly contemporary industrial classification.

o To establish a level-playing field between Indian private sector and the public sector, the anomalies in excise duty/ custom duty have been removed. As per the revised policy, all Indian industries (public and private) are subjected to the same kind of excise and custom duty levies. 

o To promote the participation of private sector, particularly SMEs for defence manufacturing, Outsourcing and Vendor Development Guidelines for DPSUs and OFB have been formulated and circulated to them. The guidelines mandate that each DPSU and OFB to have a short-term and long-term outsourcing and vendor development plan to gradually increase the outsourcing from private sector including SMEs. The guidelines also include vendor development for import substitution. 

o The Standard Operating Procedure (SOP) for the issue of No Objection Certificate (NOC) for export of military stores has been revised and put on the website. Under the revised SOP, the requirement of End User Certificate (EUC) to be countersigned/ stamped by the Government authorities has been done away with for the export of parts, components, sub-systems etc. 

o The list of military stores has been finalised and has been put in the public domain to make the process transparent and unambiguous. The process of receiving applications for NOC for export of military stores and for issuing NOC has been made online to reduce the delay and to remove human interface in the process. 

o The FDI policy for the defence sector has been reviewed and as per the revised policy, the composite foreign investment upto 49% is allowed through Government route (FIPB) and beyond 49% with the approval of the Cabinet Committee on Security (CCS) on case-to-case basis wherever it is likely to result in access to modern and state-of-the art technology in the country. Besides, the restrictions such as single largest Indian shareholder to hold at least 51% equity and complete restriction on Foreign Institutional Investor (FII) existing in the earlier policy have also been removed to facilitate investment in the sector. 

o Recognising the need for promotion of defence exports to make the Indian defence industry economically sustainable, Defence Exports Strategy outlining the various steps to be taken, has been formulated and is put up in public domain. 

o Preference to ‘Buy (Indian)’, ‘Buy & Make (Indian)’ & ‘Make’ categories of acquisition over ‘Buy (Global)’ category, thereby giving preference to Indian industry in procurement. 

This information was given by Minister of State for Defence Rao Inderjit Singh in a written reply to Shrimati Rama Devi in Lok Sabha today. 
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Tuesday, February 24, 2015

FDI in Defence Sector

                                                     Press Information Bureau 
Government of India
Ministry of Defence 


The Government vide Press Note 7 of 2014 Series dated 26.08.2014 has notified revised FDI Policy in defence Sector, according to which FDI upto 49% is allowed in the sector through Government route and above 49% through approval of Cabinet Committee on Security (CCS) on case-to-case basis, wherever it is likely to result in access to modern and state-of-the-art technology in the country. Further, FDI in Defence Sector is subject to obtaining Industrial Licence under the IDR Act, 1951. 

The introduction of FDI in the defence sector will not pose any threat as some of the major conditions governing Licensing in Defence Sector are as follows: 

(a) The management of the company / partnership firm owning the Industrial Licence should be in Indian hands with majority representation on the Board as well as the Chief Executive of the Company / partnership firm being Resident Indians. This condition is, however, not applicable to cases of foreign investment above 49%.

(b) Adequate safety and security procedures would need to be put in place by the licensee. The Indian Licensed Defence Companies (ILDC) shall comply with the security guidelines applicable to them as per security instructions / architectures prescribed in “Security Manual for Licence Defence Industries” available at www.ddpmod.gov.in based on their categorization. Some of the important guidelines of the Security Manual includes External Security Audit of the ILDCs by Intelligence Agencies once in two years and Cyber Security Audit by CERT-IN empanelled Auditors once every year. 

(c) The licensable defence items as mentioned in the license, produced by the private manufacturers will be primarily sold to the Ministry of Defence. These items may also be sold to other Government entities under the control of the Ministry of Home Affairs, State Governments, Public Sector Undertakings (PSUs) and other valid Defence Licensed Companies without prior approval of Department of Defence Production (DDP). However, for sale of the items to any other entity, the licensee shall take prior permission from DDP, Ministry of Defence. 

This information was given by Minister of State for Defence Shri Rao Inderjit Singh in a written reply to Shri Naresh Agrawal in Rajya Sabha today. 

Source: PIB
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Friday, December 05, 2014

FDI in Defence Sector

Press Information Bureau 
Government of India
Ministry of Defence 

FDI in Defence Sector 


No agreement has been signed by the Government with other countries relating to FDI in Defence sector. However, in pursuance to the Inter-Governmental Agreement between India and Russia signed in February 1998, a Joint Venture Company, BrahMos Aerospace, between the Defence Research & Development Organisation (DRDO) of India and NPO Mashinostroyenia of Russia has been formed for design, development, production of a Supersonic Cruise Missile. 
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Tuesday, December 02, 2014

FDI in Defence Sector

Press Information Bureau 
Government of India
Ministry of Defence 

FDI in Defence Sector 

In May 2001, the Defence Industry sector, which was hitherto reserved for the public sector, was opened up to 100% for Indian private sector participation with FDI permissible up to 26%, both subject to licensing. Vide Press Note No.7 (2014 Series), Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce & Industry has raised the FDI limit in Defence Sector up to 49% through FIPB route and above 49% through Cabinet Committee on Security (CCS) on case-to-case basis, wherever it is likely to result in access to modern and state-of-the-art technology in the country. FDI limit of 49% is composite and includes all point of foreign investments i.e. Foreign Direct Investment (FDI), Foreign Institutional Investors (FII), Foreign Portfolio Investment (FPI), Non Resident Investments (NRIs), Foreign Venture Capital Investor (FVCI) and Qualified Foreign Investors (QFI). 
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Tuesday, July 22, 2014

FDI in the Defence Sector

Press Information Bureau 
Government of India
Ministry of Defence 

FDI in the Defence Sector 

In May 2001, the Defence Industry sector, which was hitherto reserved for the public sector, was opened upto 100% for Indian private sector participation with FDI permissible upto 26%, both subject to licensing to enable private sector industry to participate in defence production within the country. However, wherever FDI beyond 26% is likely to result in access to modern and state-of-the-art technology in the country, decisions can be taken to allow higher FDI on a case-to-case basis with the approval of Cabinet Committee on Security. In the Union Budget 2014-15, it has been announced that the composite cap of foreign exchange is being raised to 49% with full Indian management and control through the FIPB route for defence sector. FDI is one of the route through which the domestic industry can strengthen its capabilities required to produce within the country different equipment / weapon systems / platforms required for defence. 

As per the FDI Policy, the FDI in defence sector is through FIPB route and / or with approval of Government. Further, there are adequate provisions in Government’s Policy to ensure that the role of DRDO and India’s indigenous defence production programme are not compromised and / or minimized. 

This information was given by Defence Minister Shri Arun Jaitley in a written reply to Shri Sukhendu Sekhar Roy in Rajya Sabha today. 
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Wednesday, July 16, 2014

Security Implications of FDI in Defence Sector

Press Information Bureau 
Government of India
Ministry of Defence 

Security Implications of FDI in Defence Sector 

No data relating to names of the countries which have allowed 100% FDI in their respective Defence sector is available / maintained in the Ministry of Defence. 

In the Union Budget 2014-15, it has been announced that the composite cap of foreign exchange is being revised to 49% with full Indian management and control through FIPB route for defence sector. 

Since defence companies having foreign investment will have Indian management and control and foreign investment in such companies will be approved through FIPB route, security concerns are duly taken care of. Besides, the Government has also finalized and put in public domain a Security Manual for private sector defence manufacturing units. 

This information was given by Defence Minister Shri Arun Jaitley in a written reply to Dr. Bhalchandra Mungekar in Rajya Sabha today. 

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Tuesday, June 17, 2014

Brief of meeting held with Hon’ble Fin. & Def. Minister

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)
New Delhi
Dated: 16.06.2014
To, 
The Office Bearers,
CEC Members, JCM (II, III) members,
Union’s President/Secretaries of B.P.M.S.

SUBJECT: – Brief of meeting held with Hon’ble Fin. & Def. Minister

Dear Brothers & Sisters,

Sadar Namaskar,

It is for your kind information that our delegates S/Sri V L Nawade , Sadhu Singh, Mukesh Singh & Virendar Sharma today had a meeting with Hon’ble Finance & Defence Minister, Shri Arun Jaitley at 1300 hrs. It was scheduled as a courtesy meeting but we invited his attention to the news articles on 100% FDI in defence sector because it was a great concern for all the stake holders. We reflected our concern vide a memorandum submitted by Shri Sadhu Singh (copy of the same is enclosed for ready reference).

Hon’ble Minister narrated how the Secretary, DIPP came to his office with the concerned minister on the same day of assuming the charge of ministry and shown the discussion paper prepared during the previous Government on 100% FDI in defence sector which he rejected at once. He has assured us that he is not in favour of 100% FDI in defence sector as neither it is required nor it is in the interest of the Nation. Not only that, he would take all the necessary steps to strengthen the existing Ordnance Factories & DPSUs but on the same time these defence installations require introspection.

Apart from above, some of the following issues were also brought to his notice which were considered by him very sympathetically and assured that appropriate action would be taken by concerned authorities:-

1. Defence installations should be exempted from 5% limit of Compassionate ground appointment and one time relaxation for all pending cases,

2. Re-draft the role of Defence (Finance) so that service matters like Recruitment Rules, Cadre Review, revival of sanctioned posts, payment of arrears, revision of allowances etc. may be settled at the earliest,

3. Judicial pronouncements may be extended to similarly placed non-petitioner employees,

4. The meeting of Departmental Council (JCM), MOD is not being convened regularly,

5. None of the Administrative Joint Secretaries of Departments of MOD has implemented the instruction {MOD I.D. No. 1(1)/2013/D(JCM), dated 22.10.2013} on the Mechanism to provide additional meeting opportunities to Staff Side to sort out their grievances,

6. The minimum benefit under Central Government Employees Groups Insurance Scheme should be enhanced to Rs. 10 lakh,

7. Dearness Allowance should be merged with Basic Pay, 

8. Scrap the New Pension Scheme and restore old Pension Scheme,

9. CSD Canteen facilities may be provided to the retired Defence Civilian Employees,

10. A separate meeting to discuss the issues related to Department of Defence Production (OFB, DGQA, DGAQA etc.).

After that we met Shri Navin Kumar Chaudhari, Joint Secretary (Establishment), Min of Defence and discussed following issues besides all the above issues;

1. Probable date of completion (PDC) on the pattern of citizen charters should be fixed for resolving the issues, for movement of file/paper from desk to desk/section in respect of issues raised by JCM/Federations and latest position should be updated in website,

2. A permanent cell of empowered officers from Min of Defence, Finance, Law, Labour, DoPT etc. should be constituted in MoD so that the Cadre Review & Recruitment Rules of Group ‘B’, ‘C’ & ‘D’ may be revised expeditely.

3. Remove the artificial restriction of 40 days PLB for AOC, Navy, Air Force, EME & Ordnance Factories. The PLB should not be less than the Adhoc Bonus of 30 days, and all ceilings on payment and eligibility of Bonus should be removed, JS (E) immediately called the DS (E) & DS (CP) and instructed to convene regular meetings of JCM and next meeting of Departmental Council (JCM), MOD may be convened on 24.06.2014 in Sena Bhawan.

With regards,
Sincerely yours

Sd/-
(MUKESH SINGH)
Secretary / BPMS &
Member JCM-II Level Council (MOD)

Source:http://www.bpms.org.in/documents/arun-jaitley-o8b9.pdf

Centre may hike Income Tax exemption limit from Rs 2 lakh to Rs 5 lakh

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Memorandum on FDI in Defence Sector - BPMS

GOVERNMENT EMPLOYEES NATIONAL CONFEDERATION
(A CONFEDERATION OF DEFENCE, RAILWAYS, POSTAL, AUTONOMOUS BODY, CENTRAL & STATE GOVT EMPLOYEES’ FEDERATIONS) 
(A UNIT OF BHARATIYA MAZDOOR SANGH)

Ref: GENC / FDI / 01
Dated: 16.06.2014
To,
Shri Arun Jaitley ji,
Union Minister for Finance & Defence,
Government of India,
South Block, DHQ PO,
New Delhi – 110011

Memorandum on FDI in Defence Sector

Respected Sir,

Government Employees National Confederation (GENC), an affiliate of Bharatiya Mazdoor Sangh, represents the 02 crores Government employees working in Central Government, State Government and Local Bodies. It has been working since last 45 yrs for the rights and welfare of employees besides taking into consideration the progress and interest of the Nation as well.

Vide this memorandum GENC is reflecting its concern over the news article published in Time of India on 30th May, 2014 that Govt has approved 100% FDI in Defence Sector. As usual TV Channels started debate on this issue and trade unions started opposing the Govt move. Naturally, this news also created a heated debate amongst BMS Cadres because BMS/ GENC/BPMS have strongly opposed the policy of FDI in Defence Sector.

It has to remind your good self that a meeting was held with the then Hon’ble Raksha Mantri Shri Jaswant Singh on 18.07.2001 wherein BPMS expressed its apprehension on the issue of 26% FDI in Defence Sector and explained the threats to National Security as well as the Public Sector Undertakings and Ordnance Factories. Hon’ble Raksha Mantri stated that the apprehension of BPMS on 26% FDI in defence sector would be brought to the notice of Government of India and assured that full utilization of OFB shall be strived. Later, another meeting held with the Hon’ble Raksha Mantri ji on 22.04.2002 wherein he assured that there was no proposal for privatization/corporatization of the Ordnance Factories or any other defence establishment. The same assurance was given by the Hon’ble Raksha Mantri Shri Pranab Mukherji in the meeting held on 18.09.2006. When we reflected our concern before Hon’ble Raksha Mantri Shri A K Antony in the meeting held on 26.06.2007 that 26% FDI allowed in the private sector (for defence equipments) was to bring technology but no foreign company had so far given technology and the Govt is going to clear for 50% FDI in defence sector, Hon’ble Raksha Mantri ji assured that this was only a proposal from the Ministry of Commerce and as far as MOD was concerned , it had not been agreed to the proposal and conveyed its disagreement to the Ministry of Commerce.

Last year (in the month of July, 2013), news articles published in print and electronic media that Government is considering the report of Arvind Mayaram Committee on removal of ceiling of FDI in Defence, Retail, Banking etc.. It agitated the defence civilians and BMS / GENC / BPMS activists burnt the effigy of committee’s recommendations countrywide.

We know that the Department of Industrial Policy and Promotion under the Ministry of Commerce & Industry, Govt of India releases Discussion Papers on various aspects related to FDI and invites the views and suggestions on the observations made in the discussion papers. In the series of these Discussion Papers, this Paper is on ‘Foreign Direct Investment in Defence sector’.

We also keep in the mind that the views expressed in this discussion paper issued by department of Industrial Policy & Promotion under the Ministry of Commerce & Industry, Govt of India, should not be construed as the views of the Government. The Department hopes to generate informed discussion on the subject, so as to enable the Government to take an appropriate policy decision at an appropriate time.

But India is one of the largest users and importers of conventional defence equipment. It ranks among the top ten countries in the world in terms of military expenditure and most of the global defence equipment suppliers are only system integrators and they manufacture various equipment keeping in view the requirements of a particular order placed upon them. Since the companies keep on winding-up their operations and changing hands, it is virtually impossible to ensure maintenance and product support through their life cycle. This problem exists, in particular, with indigenous equipment manufactured with critical imported components. This raises the issue of the reliability of defence supplies in times of need. Contrary to above the Indian Ordnance Factories and other Defence Public Sector Undertakings are having the capabilities to repair, mordenize or upgrade the defence equipments which they are supplying through their life cycle.

Defence industry is highly technology driven and capital intensive. There is no doubt that it may take some time for domestic companies to acquire a technical edge, but we are against the accessing the technology through the modality of allowing foreign companies to set up production bases/ facilities within the country itself in the Defence sector. Manufacturing within the country, through India Inc. / Members of FICCI/CII/ASOCHEM in addition to OFB/DPSUs, with full transfer of state-of-the-art technology will be a better option than importing the equipment from abroad.

The major reason for reluctance in encouraging the Private Sector into defence production and welcome FDI in the sector is on account of concern for the Defence PSUs and the Ordnance Factories. However, it is clear that if the import continues at the present level, the role of the Defence PSUs and the Ordnance Factories would only be further marginalised. But this may be redressed by modernizing the Ordnance Factories & DPSUs and their capacities may be enhanced by removing the hindrances.

Another concern is that FDI could lead to ownership and control of firms operating in a critical and highly sensitive industry being passed on to foreign hands. Even if ownership or control does not pass on fully to the foreign investors, raising of the cap could lead to their enhanced influence and say in affairs of the company’s management. A related concern is that this could lead to an increased dependence on foreign investment, for meeting our defence needs. Taken to an extreme, this could lead to a situation where a clear relationship of dependency, in terms of foreign capital and technology, develops with regard to investment drawn from specific countries/ blocs. 

There can also be concern relating to availability or reliability of supplies in times of war. The availability of maintenance and repair capability, spare parts, material and other support to keep critical systems functioning in all circumstances is a vital concern. This is related to the vital question of whether the foreign investor would continue to serve India’s defence needs in the times of war. This concern cannot be met by imposing a condition that the Government has a right to expropriate a manufacturing facility in case there is a need to do so due to the exigencies of national security, by payment of suitable compensation.

The next concern is related to the issue of passing on of the critical equipment, design or source code to other players-particularly, countries inimical to Indian interests. There can be an issue of export of Defence equipment manufactured in India and exported to inimical countries. There is a general concern about the internal security aspect of manufacture of defence equipment especially small arms and ammunition. 

There are other reasons also due to which defence civilians are opposing the FDI in Defence Sector but due to shortage of time some of those are mentioned hereinabove. Hence, kindly consider the above view in correct perspective and convey the disagreement to the proposal of Ministry of Commerce on removal of ceiling of FDI in defence sector.

Thanking you.

Sincerely yours

SADHU SINGH
Secretary General

Source:http://www.bpms.org.in/documents/arun-jaitley-o8b9.pdf

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Monday, December 10, 2012

FDI in Defence Sector.

   As reported by the Department of Industrial Policy & Promotion (DIPP), Foreign Direct Investment (FDI) amounting to Rs.19.89 crores (US $ 4.12 millions) has been received in defence industry sector from January 2001 to September 2012.

   FDI upto 26% under the Government approval route is permitted in Defence Sector subject to specified conditions.

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