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New procurement guidelines: Hong Kong stopover leaves MNCs in India stranded

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NEW DELHI: Multinationals utilizing regional headquarters in Hong Kong to arrange operations in India or do enterprise in the nation have gotten caught in the crosshairs of latest authorities procurement guidelines ostensibly focused at Chinese language firms.

The federal government is trying into the difficulty after business flagged it to the finance ministry, stated individuals aware of the matter. They stated possession might be taken into consideration in the course of the registration course of.

The finance ministry had issued an order on July 23 amending the Basic Monetary Guidelines 2017 “to allow imposition of restrictions on bidders from international locations which share a land border with India on grounds of defence and nationwide safety”. The transfer was largely seen as focused in opposition to China, coming in the wake of border tensions.

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By extension, the foundations apply to Hong Kong since China controls the territory. Firms from such international locations are required to register with a authorities physique involving prior safety clearance earlier than bidding for contracts. A number of German firms in the expertise area have been impacted by the transfer. Business has sought clarification on whether or not these provisions utilized even to entities that haven’t any funding from both Hong Kong or China, however merely have an workplace in the territory via which enterprise or funding is routed to India. Business has sought an exemption or a carve out for them.

“Quite a few these firms should not Hong Kong based mostly as every of those firms in flip is a 100% owned subsidiary of UK, Europe or US-based firms. Thus, Hong Kong is only a pass-through nation,” stated Ved Jain, previous president of the Institute of Chartered Accountants, making a case for some type of aid.

Beneath the amended guidelines, bidders from the impacted international locations might want to register with a committee arrange by the Division for Promotion of Business and Inner Commerce (DPIIT) and require political and safety clearance from the house and exterior affairs ministries.

Hong Kong, which was administered till 1997 by the UK and is a worldwide monetary centre, was utilized by traders from the US and Europe to route their Asian investments. Many continued to function from there even after the administration was handed over to China.

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