Taxmann's Foreign Contribution Regulation Law Manual

Page 1


Foreign Contribution (Regulation) Amendment Act, 2020

APPENDIX : Foreign Contribution (Regulation) Act, 1976 1.41

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

Notifications issued under Foreign Contribution (Regulation) Act, 2010 3.3

Guidelines issued under section 36(1)(a) of the Banking Regulation Act, 1949 - Implementation of the provisions of Foreign Contribution (Regulation) Act, 2010 4.3

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 transaction code in

LAWS DIGEST

2

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

Association for Democratic Reforms . UOI

Electoral Bonds Scheme invalid - -

Association for Democratic Reforms UOI

State Bank of India Association for Democratic Reforms

Agencies not considered as ‘foreign source’ See Division 2

Foreign company

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

Meaning of ‘multi-national corporation’ Explanationg

2.6 Meaning of subsidiary

2.7 Persons who cannot accept, receive or deliver foreign contribution a b

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

Explanation 1

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

Panchayat k

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.

Para 2.9

2.10 Person

2.11 Organisation of political nature cannot accept foreign contribution

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

Para 2.11 I-22

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), iii iii iv v 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 : December 2024

EDITION : 2025 Edition

ISBN NO : 9789364550390

NO. OF PAGES : 336

BINDING TYPE : PAPERBACK

DESCRIPTION

The Foreign Contribution Regulation Law Manual is a comprehensive legal guide that provides in-depth coverage of the Foreign Contribution (Regulation) Act (FCRA) as amended by the Foreign Contribution (Regulation) Amendment Act, 2020, along with its associated rules, notifications, guidelines, and judicial interpretations. This manual is helpful for NGOs, legal practitioners, compliance professionals, and academicians seeking clarity and precision in the regulatory framework governing foreign contributions in India.

The Present Publication is the 2025 Edition & amended up to 21st November 2024. It covers amended & updated text of the Foreign Contribution Regulation Laws, including:

• Foreign Contribution (Regulation) Act

• Foreign Contribution (Regulation) Rules (FCRR)

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

• Guidelines and Circulars

• Case Laws Digest

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