Dear Members
Warm greetings from New Delhi!
As per the new FC-4 Return, following is to be shown:
“Total number of foreigners working (salaried/honorary capacity)”
Who all are to be included in the term “foreigners”?
NRI or PIO holding Foreign Passport to be included in the term “foreigners”?
NRI or PIO holding dual Citizenship/Passport to be included in the term “foreigners”?
You are requested to guide us with the acceptable definition of foreigners for the purpose of FC-4 Return with reference to any circulars, if any.
Warm Regards
Anutam
Regarding foreigners on Board:
Some time ago a prominent person in Vani was in informal contact with the department. We were told that there is no bar but in practice FCRA will probably be refused. If we insist on having a foreigner on the Board – then expect a refusal and challenge it in court!
According to my understanding of the latest amendments in FCRA Rules, a foreign national can also be included in the Indian NGO Board, because in the online renewal application filed, their details are asked separately. They may have separate formalities to become a Board member, like permission from MHA or RBI.
Further, FCRA governs any fund of foreign origin. So, it can be interpreted as funds given by a foreign national either in foreign currency or Indian currency (when he visits India) and also the funds sent by an NRI ( a person living abroad, but holding Indian passport as an Indian national) from a foreign country. That is why, most of the NGOs receiving donation from an NRI request that the same may be given from his account in India, so that it can be categorised as local donation. If an NRI sends the donation in foreign currency, that is also construed as foreign contribution.
Those holding PIO or OCI are persons of Indian origin who have renounced their Indian citizenship and have become foreign nationals. For their convenience in their transactions with India, visa status etc. they obtain PIO or OCI.
please give answer yes or not
Question : can be foreigner make an India NGO board member
Dear members,
New year greetings!
Just want to share a clarification here:
We all know that an NRI is a ‘Non resident Indian’. The term is used for an existing Indian citizen holding Indian passport but who is not residing in India for more than 182 days in a financial year. This term is mainly for Taxation purposes when we look at the residential status.
For FCRA purposes, however, funds received from an NRI is Indian money even if it is from abroad (provided that the person is not being a conduit for sending foreign money through his bank account i.e., he/she is sending his own earned money!). Funds received from NRI’s are not to be shown in the FCRA returns as they are Indian money OR money earned by Indian citizens….
On the other hand, in my understanding, OCI’s (overseas citizenship of India..) and PIO’s (persons of Indian origin) are terms applicable to foreign nationals of mostly Indian origin or having Indian parents/grandparents/spouse etc. However, they need to seek registrations to qualify as OCI’s and/or PIO’s (both are more or less merged since 2015). Such registrations entitle them to certain privileges of NRI’s when they travel to India like, lifelong visa, setting up businesses, buying property, education facilities etc.. Govt. is constantly adding to this list….. but they are not Indian Citizens and remain as foreign nationals (due to foreign passport) for FCRA purposes!
Hence, reg. the query, under s.no. 2(v) in FC-4, all persons who are not NRI’s (as stated above) need to be shown as foreigners, which also includes OCI’s and PIO’s. An OCI is not the same as a citizenship of India but more like a PIO!
Pls. do correct me if my understanding is wrong..
Best
Bharat
Dear Anutam,
Since FC4 is under FCRA 2010 Act,definition of foreign source should apply here. In my view under the Foreign Source, a foreign citizen should be considered as Foreigner. Therefore anyone holding foreign passport would be treated as foreigner. NRIs (even if holding PIO or OCI card) could be treated as foreigner, if they have foreign passport.