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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 recent authorities procurement guidelines ostensibly focused at Chinese language corporations.

The federal government is wanting into the problem after business flagged it to the finance ministry, mentioned individuals acquainted with the matter. They mentioned possession could possibly be taken under consideration throughout the registration course of.

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

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By extension, the principles apply to Hong Kong since China controls the territory. Corporations from such nations are required to register with a authorities physique involving prior safety clearance earlier than bidding for contracts. A number of German corporations in the know-how house have been impacted by the transfer. Business has sought clarification on whether or not these provisions utilized even to entities that don’t have any funding from both Hong Kong or China, however merely have an workplace in the territory by means of which enterprise or funding is routed to India. Business has sought an exemption or a carve out for them.

“Plenty of these corporations aren’t Hong Kong based mostly as every of those corporations in flip is a 100% owned subsidiary of UK, Europe or US-based corporations. Thus, Hong Kong is only a pass-through nation,” mentioned Ved Jain, previous president of the Institute of Chartered Accountants, making a case for some kind of reduction.

Underneath the amended guidelines, bidders from the impacted nations 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 buyers 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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