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A Budget that missed the opportunity for being bold on both Strategic Autonomy & Reform action

 iSPIRT Foundation, a technology think-and-do tank, believes India’s hard problems can be solved only by leveraging public technology for private innovation. iSPIRT, as a think-and-do-tank, pioneered the concept of Digital Public Infrastructure (DPI)

The Budget starts by acknowledging that India is facing “an external environment in which trade and multilateralism are imperilled and access to resources and supply chains are disrupted”. But the details aren’t in line with the idea. The Government also acknowledged AI and cutting-edge technologies as force multipliers for better governance. 

AI has been spoken about a few times at different places. However, there is no material proposal on AI, except as a tool for “Bharat-VISTAAR”—a multilingual AI tool in agriculture.

FM announced Manufacturing support to seven strategic and frontier sectors, including Bio-Pharma, Chemicals, Semiconductors, and Electronic Components. This will help the ecosystem build up in these sectors and, in a way, support the cause of “Product Nation” from a building capacity and infrastructure point of view. However, it does not address “strategic autonomy” and technological sovereignty as a thought process. 

The one that most closely links to “Aatmnirbhar Bharat” or strategic autonomy is the announcement on ISM 2.0, to produce equipment and materials, design full-stack Indian IP, and fortify supply chains, including skilling and training. Also, the mention of established dedicated Rare Earth Corridors is a welcome move to fill the gaps in the supply chain in these areas, given the geopolitical situations. 

Any Government announcement takes about 2 years to roll out in the field. The AI Mission, National Quantum Mission, Anusandhan National Research Fund, and Research and Development and Innovation Fund have been mentioned by the FM in speech. RDI is rolling out now. The government missed the bus to announce a “market access” scheme or a fund for the products developed after taking all the steps in R&D and frontier technology advancements. 

We have maintained that our Economic Policy will need to foreground Strategic Autonomy as a core pillar, which becomes all the more imperative in the current global geopolitical scenario. But Strategic Autonomy is not possible without technological sovereignty. While the government has taken steps to “reduce critical import dependencies,” at a time when “new technologies are transforming production systems”, incremental steps are not enough.

“A market access plan for Indian products designed and developed in India by resident Indian companies is the need of the hour for any fruitful outcome from R&D and product development. The Government must consider this with all seriousness in the future,” said Amit Agrahari, volunteer at iSPIRT Foundation.

Last year, Bharat Trade Net was announced as an integrated trading platform. This year’s announcement of “Customs Integrated System (CIS) as a single, integrated and scalable platform for all the customs processes and use of non-intrusive scanning with advanced imaging and AI technology for risk assessment, takes the thought to the next level.  This is very much in line with our National Regulatory Compliance Grid (NRCG) approach and use of advanced technology for data-driven governance. 

However, our proposal of building a NRCG for all regulatory systems is still waiting. “Unless we use a Grid approach for digital transformation and connect all regulators, it is going to be difficult to reduce the regulatory cholesterol”, said Sudhir Singh, an iSPIRT Volunteer looking after Ease of Doing Business, and Policy. 

Linking TreDS with the GeM portal is a welcome step towards unlocking true Digital potential in Ease of Doing Business for MSMEs. “This can further create a grid approach by connecting to the Open Credit Enablement Network (OCEN) and trade finances for SME exporters,” said Tanuvi Thakur, volunteer at iSPIRT Foundation. This will further aid EoDB through quicker and cheaper access to credit by MSMEs. 

The other major welcome step in this regard has been the in-principle movement from penalty and prosecution to fees. This has also been our core decriminalisation aim for achieving EoDB.

Overall, it’s a subdued Budget despite the challenging geopolitical environment rather than a bold Budget that speaks on both “strategic autonomy” and “reforms”.

About iSPIRT Foundation – We are a non-profit think-and-do tank that builds public goods for Indian product startups to thrive and grow. iSPIRT aims to do what DARPA or Stanford University did in Silicon Valley for startups. iSPIRT builds four types of public goods – technology building blocks (aka India Stack), startup-friendly policies, market access programs like M&A Connect, and Playbooks that codify scarce tacit knowledge for product entrepreneurs of India. For more, visit www.ispirt.in.

For further queries, please reach out via email:  [email protected], [email protected] 

Please note: The blog post is authored by our volunteers, Sudhir Singh, Tanuvi Thakur and Amit Agrahari

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RBI Rationalized Reporting Process for Foreign Direct Investment (FDI)

iSPIRT is pursuing the Stay-in-India Checklist 2.0 with Department for Promotion of Industry and Internal Trade (DPIIT), Government of India, targeted to bring Ease of Doing Business for start-ups.

Our efforts gained momentum with DPIIT’s Regulatory Roundtables since August 2022. Reserve Bank of India has further eased the reporting of FDI on the FIRMS portal.  The item was on the list of issues that were taken up with RBI through DPIIT.

The new announcement called “Foreign Investment in India – Rationalisation of Reporting” has been announced vide circular no. RBI/2022-23/160 A.P. (DIR Series) Circular No. 22 Dated January 04, 2023. Please visit the RBI site on linked here.

The announcement is expected to further ease the reporting of the foreign direct investment received.

Details of the Reform Measure

In its effort to tout India as an attractive investment destination, the Reserve Bank of India (RBI) has released the RBI/2022-23/160 A.P. (DIR Series) Circular No. 22 on 4 January 2023, which brings about certain reforms in the reporting process in the Single Master Form (SMF) on the FIRMS portal. The SMF is a form which integrates the reporting structure of various types of foreign investment in India. It has implemented the following changes with respect to reporting in the SMF on the FIRMS portal:

  • The forms submitted on the portal will now be auto-acknowledged with a time stamp and an auto-generated email will be sent to the applicant. The AD banks will have to verify the same within 5 (five) working days based on the documents uploaded.
  • The system would automatically identify a delay in reporting if any.
  • For forms filed with a delay of less than or equal to 3 (three) years, the AD bank will approve the same, subject to the payment of LSF.
  • The LSF will be computed by the system, and an e-mail will be sent to the applicant and the concerned Regional Office (RO) of the RBI, specifying the amount and the timeline within which the LSF is to be paid to the concerned RO.
  • Once the LSF amount is realised, the concerned RO will update the status in the FIRMS portal, and the updated status will be communicated to the applicant through a system-generated e-mail, which can also be viewed in the FIRMS portal.
  • The AD bank will approve the forms filed with a delay greater than three years, subject to the compounding of the contravention. The applicant may thereafter approach the RBI with their application for compounding.
  • The remarks of the AD Bank for rejection of forms, if any, will be communicated to the applicant through a system-generated e-mail and the same can also be viewed in the FIRMS portal.

The resulting effects of the RBI circular

1.   Auto acknowledgement of SMF

While the rationalisation of the reporting process is a welcome move, and the auto acknowledgement of forms will bring comfort to the applicants after filing the form, we are receiving mixed reactions from stakeholders with regard to the verification of the forms submitted by the applicants within the 5 (five) working day window. Given that there are no overarching guidelines on the format of documents required for filing Form FC-GPR and Form FC-TRS, and the format differs from bank to bank, it may be helpful if banks were to consider offering pre-vetting services in relation to reporting for cross-border transactions.

The likely result of an AD bank not approving the form within 5 days will be auto-approval of the form.

The circular is silent on what happens in the event an authorised dealer (Bank) isn’t satisfied with the details. It seems, in such an event, what could have been approved with a few follow-up queries will have to be rejected within the 5-day window, if the queries remain unanswered.

Separately, we also believe that a 5-day window is very short given the complexity that can arise with some filings. Banks and their regulatory teams also usually work only till 5:00 PM (and cannot, in any case, be expected to work 24×7), so if a form is submitted close to or after 5:00 PM, an applicant may already have lost close to a day.

2.   Online calculation of late submission fee.

Auto-identification of a delay in reporting and calculation of the late submission fee (LSF) by the system will likely be greatly appreciated by stakeholders. Prior to this reform, if an applicant received an email from the RBI regarding the LSF, the applicant would have to draw a demand draft in favour of the RBI, which would have to be acknowledged by the RBI through email. While the process was efficient and hasn’t changed post the amendment, there have been multiple instances of applicants not having a record of the acknowledgement with them after a few years, either due to: (a) IT policies of the organisation which delete older emails; or (b) due to a change in employees. Now that the concerned RO of the RBI will update the status on the FIRM’s portal (along with the standard email process), the amount will be reconciled and the LSF can be viewed on the portal.

Disclaimer: This blog post is co-written by Tanuvi Thakur of iSPIRT and Sanjay Khan of Khaitan & Co and is meant to inform about a new announcement by the regulator. It should not be considered as advice.