Tuesday, December 15, 2009

POLICY ON PAYMENT FOR FOREIGN TECHNOLOGY COLLABORATION LIBERALIZED

The Union Cabinet, on November 5, 2009, approved a proposal of the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry to permit the following payments under automatic route and subject to FEMA (Current Account Transaction) Rules, 2000; without any restriction:

  • Payments for royalty / lumps sum fee for technology transfer
  • Payments for use of trademark/ brand name
Post Reporting Requirements


In order to get the information about the nature/details of technology and the amount paid for it, a suitable post reporting requirement would be devised within three months in consultation with Department of Economic Affairs and Reserve Bank of India.
 
Existing caps on royalty payments - Automatic Route
Under Foreign Technology Collaborations for foreign technology transfers

Nature of Payment                        Existing ceilings

Lump sum payment                     up to USD 2 Million

Recurring payment                      5% of domestic sales

                                                     8% of export sales

For use of Trademark/ Brand Name of foreign collaborator without technology transfer

Nature of Payment                         Existing ceilings

Recurring payment                       1% of domestic sales

                                                      2% of export sales

Beyond above limits, prior permission of the Government of India was required

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