Taxmann's Foreign Contribution Regulation Law Manual

Page 1


Foreign Contribution (Regulation) Amendment Act, 2020

APPENDIX : Foreign Contribution (Regulation) Act, 1976

Foreign Contribution (Regulation) Rules, 2011 as amended by the Foreign Contribution (Regulation) Amendment Rules, 2023

Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012

Guidelines issued under section 36(1)(a) of the Banking Regulation Act, 1949 - Implementation of the provisions of Foreign Contribution (Regulation) Act, 2010

Guidelines for consideration of proposals for acceptance of foreign hospitality under Foreign Contribution (Regulation) Act, 2010 4.11

Standard Operating Procedure (SOP) to open and operate the “FCRA Account” as provided under section 17(1) of the amended Foreign Contribution (Regulation) Act, 2010 with SBI, New Delhi Main Branch in terms of FCRA (Amendment) Act, 2020

Advisory for Compliance by FCRA NGOs/Associations with the amended provisions in FCRA, 2010 and FCRR, 2011 4.26

Submission of Applications for Revision of Orders under section 32 of the Foreign Contribution (Regulation) Act, 2010, read with rule 20 of

(Regulation) Rules,

Introduction of Foreign Contribution (Regulation) Act (FCRA) related

FOREIGN CONTRIBUTION

2.1 Foreign Contribution

Explanation 2.1

Explanation 3.— -

2.2 Meaning of ‘security’

2.3 Public disclosure of receipt of foreign contribution on websitea

Not necessary to put information about foreign contribution on websiteb

2.4 Foreign Source

j j Association for Democratic Reforms . UOI

Agencies not considered as ‘foreign source’

See 2.5 Foreign company

Indian company having more than 50% foreign shareholding is ‘foreign source’

Meaning of ‘multi-national corporation’ Explanationg Para 2.5 I-18

2.6 Meaning of subsidiary

2.7 Persons who cannot accept, receive or deliver foreign contribution

c public servant, Judge, Government servant or employee of any corporation or any other body controlled or owned by the Governmentc vide

Prohibition in accepting and delivering foreign contribution -

Who cannot accept foreign contribution on behalf of other person

Who cannot deliver any currency to other person

Who cannot deliver any currency accepted from foreign source

Who cannot deliver currency to other person

2.8 Meaning of various words used in section 3(1)

Political party

Association

2.9 Candidate for election

Intimation by candidate for election receiving foreign contribution before nomination -in electronic form

‘Electronic form’ shall have the same meaning assigned to it in section 2(1)(r) of the Information Technology Act, 2000 - rule 2(ba) of FC (Regulation) Rules.

2.10 Person

2.11 Organisation of political nature cannot accept foreign contribution

Panchayat k
I-21
Para 2.11

-

Application for revision to Central Government if adverse order passed - -

Application shall be accompanied by a fee of rupees three thousand only, which shall be paid through the payment gateway specified by the Central Government-

Appeal against order

2.12 Guidelines for declaration of an organisation to be of a political nature

As per rule 3(1) of FC(R) Rules (re-numbered w.e.f. 10-11-2020),

Para 2.12 I-22

vi The organisations specified under clauses ( ) and ( ) of rule 3(1) shall be considered to be of political nature, if they participate in active politics or party politics, as the case may be - Rule 3(2) of FC(R) Rules as inserted w.e.f. 10-11-2020.

Indian Social Action Forum (INSAF) UOI

Intimation about such organisationsor in electronic form I-23

Para 2.12

FOREIGN CONTRIBUTION REGULATION LAW MANUAL

AUTHOR : TAXMANN'S EDITORIAL BOARD

PUBLISHER : TAXMANN

DATE OF PUBLICATION : JULY 2024

EDITION : 2024 EDITION

ISBN NO : 9789357789691

NO. OF PAGES : 385

BINDING TYPE : PAPERBACK

DESCRIPTION

This detailed guide provides extensive coverage of the Foreign Contribution (Regulation) Act (FCRA) as amended by the Foreign Contribution (Regulation) Amendment Act, 2020.

This book is helpful for NGOs, legal practitioners, and scholars interested in FCRA compliance and regulations.

The Present Publication is the July 2024 Edition & amended up to 10th June 2024. It covers amended & updated text of the Foreign Contribution Regulation Laws, including:

• Foreign Contribution (Regulation) Act

o Text of Foreign Contribution (Regulation) Act, 2010, as amended by Foreign Contribution (Regulation) Amendment Act, 2020

o Foreign Contribution (Regulation) Amendment Act, 2020

• Foreign Contribution (Regulation) Rules (FCRR)

o Foreign Contribution (Regulation) Rules, 2011, as amended by the Foreign Contribution (Regulation) (Amendment) Rules, 2023

o Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012

• Notifications issued under the Foreign Contribution (Regulation) Act 2010

• Guidelines and Circulars

o Guidelines issued under section 36(1)(a) of the Banking Regulation Act, 1949 – Implementation of the provisions of Foreign Contribution (Regulation) Act, 2010

o Guidelines for consideration of proposals for acceptance of foreign hospitality under the Foreign Contribution (Regulation) Act, 2010

o Standard Operating Procedures ('SOP') to open and operate the 'FCRA Account' as provided under section 17(1) of the amended Foreign Contribution (Regulation) Act, 2010 with SBI, New Delhi Main Branch in terms of FCRA Amendment Act, 2020

o Advisory for Compliance by FCRA NGOs/Associations with the amended provisions in FCRA, 2010 and FCRR, 2011

o FAQs on FCRA, 2010

o Advisory to NGOs on Foreign Funding

o FCRA Account

o Unique ID of NGOs Receiving Foreign Contributions

o Charters

o Submission of Applications for Revision of Orders under section 32 of the Foreign Contribution (Regulation) Act, 2010, read with rule 20 of the Foreign Contribution (Regulation) Rules, 2011

o Introduction to Foreign Contribution (Regulation) Act (FCRA) related transaction code in NEFT and RTGS systems

o Extension of the validity of FCRA registration certificates

• Case Laws Digest

The book also covers a Guide/Short Commentary on FCRA (35+ Pages), including:

• Foreign Contribution

• Exemptions from Restrictions on Accepting Foreign Contributions

• Restrictions on Acceptance of Foreign Hospitality

• Restrictions on Social or Cultural Organisations

• Registration for Accepting Foreign Contributions

• Other Provisions of FCRA

• Offences & Penalties

• Powers of Central Government

• Procedures under FCRA

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.