Establishment of Liaison Offices (LO)/Branch Offices (BO)/Project Offices (PO) in India by Foreign Entities – Reporting requirement - FEMA - 35

RBI/2012-13/222 A. P. (DIR Series) Circular No. 35 September 25, 2012 To All Category - I Authorised Dealer Banks Madam/Sir, 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 Sl. No Name Parentage Nationality Age E-mail Mobile Particulars Passport Visa particulars Designation /Profession Date of entry into India and Place of stay Indians Sl. 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 Sl. 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. Yours faithfully, (Rudra Narayan Kar) Chief General Manager