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

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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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

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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Wednesday, August 07, 2013

Impact of FDI in Defence Sector on National Security


   FDI up to 26% is permissible in the defence sector, subject to licensing. However, wherever FDI beyond 26% is likely to result in access to modern and state-of-the-art technology into the country, decisions can be taken to allow higher FDI on a case-to-case basis with approval of the Cabinet Committee on Security.

   All such concerns shall be addressed while taking approval from Cabinet Committee on Security on a case-to-case basis.

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