Reporting Requirements of Foreign Project Offices in India

[RBI Circular No. 35 dated 25th September 2012]

Sub: Establishment of Liaison Offices (LO) /Branch Offices (BO) / Project Offices (PO) in India by Foreign Entities – Reporting requirement

Attention of Authorised Dealer Category – I banks is invited to A.P. (DIR Series) Circular No. 6 dated August 9, 2010 read with paragraph 5 (i) of A.P. (DIR Series) Circular No.24 dated December 30, 2009 regarding submission of Annual Activity Report. Their attention is also drawn to reporting requirements in respect of Project Offices prescribed in A.P. (DIR Series) Circular No. 44 dated May 17, 2005 in the matter.

2.   It has now been decided that in addition to the reporting prescribed in terms of aforesaid circulars, all the new entities setting up LO/BO/PO shall also:

i)    submit a report containing information as per Annex within five working days of the LO/BO/PO becoming functional to the DGP of the state concerned in which LO/BO/PO has established its office; if there are more than one office of such a foreign entity, in such cases to each of the DGP concerned of the state where it has established office in India;

ii)    a copy of the report as per Annex shall also be filed with the DGP concerned on annual basis along with a copy of the Annual Activity Certificate/Annual report required to be submitted by LO/BO/PO concerned, as the case may be.

iii)   A copy of report thus filed as above shall also be filed with AD by LO/BO/PO concerned.

3.   The existing LO/BO/PO shall henceforth report the information as per Annex along with the copy of Annual Activity Certificate/Annual report to DGP of state concerned and also file a copy of the same with AD bank.

4.   The instructions come into force with immediate effect. AD Category – I banks may bring the contents of this circular to the notice of their constituents and customers concerned.

5.   The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permission/approval, required under any other law.

Annex Sr. No

Particulars

Details

1.

Details of the Foreign Entity

a. Name

b. Address

c. Date and Place of Incorporation

d. E-mail ID or Web address

 

2.

Details of Office in India

a. Type of Office – Liaison Office / Branch Office / Project Office or for others indicate type

b. Address

c. Contact Number

d. Date of opening of Office

 

3.

Head of Office in India

a. Name

b. Nationality

c. Designation

d. Address

e. Passport Particulars

i. Passport Number

ii. Place of Issue

iii. Date of Issue

iv. Date of Expiry

v. Any other relevant information

f. E-mail address

g. Land line number

h. Mobile number

 

4.

Whether all foreign nationals employed at Liaison/Branch/Project Offices are on E Visas.

If not, indicate details of such foreign nationals.

 

5.

Whether the foreign nationals on E visas have reported to mandatory authorities i.e. Police Station etc.

If not, name of such nationals / nationality along with relevant details and reasons for not complying with requirement

 

6.

List of Personnel employed, including foreigners in India Office

Foreigners

SI. No

Name

Parentage

Nationality

Age

E-mail & Mobile Particulars

Passport & Visa particular

Designation /Profession

Date of entry into India and Place of stay

 

 

 

 

 

 

 

 

 

Indians

SI. No

Name

Parentage

Age

E-mail & Mobile Particulars

Designation /Profession

 

 

 

 

 

 

7.

List of foreigners other than employees who visited Indian Office in connection with the activities of the company with details

SI. No

Name

Parentage

Nationality

Age

Purpose of visit

Designation /Profession

Date of visit / Place of stay in India

 

 

 

 

 

 

 

 

8.

Projects/ Contracts/Collaborations worked upon or initiated during the year along with details

Sl.No.

Name of Project / Contract/ Collaboration

Name of Indian Partner

Nature of Business Activity

Approx. Value of Project/ Work

Place / Area of Project / Work

Period of Project / Work

Approx number of foreign work force required in India

 

 

 

 

 

 

 

 

9.

List of equipment imported for business activities in India

Sl. No

Name / Technical Details

Purpose

Date of Import into India / Place of Installation in India

 

 

 

 

10.

Details of suppliers or services rendered to the Government Sector.

Sl. No

Name of the Supply / Service

Name of Government Organisation/ Agency

Approx value of supplies / services

 

 

 

 

11.

Details of places / states visited along with dates, accommodation used.

 

 

12.

Details of contact with Government Departments / PSUs including names of officials

 

 

13.

Details of contact with Civil Society Bodies / Trusts / Non-Government Organisation.