FEMA & International Trade.
Cross-border payments and investment, market entry, FTAs and origin
FEMA 1999 · NDI Rules 2019 · OI Rules 2022 · RBI Master Directions · CAROTAR 2020
Engagement models: Annual retainership · Project-based mandates · One-time representations & opinions

Structure
Positions settled before the transaction
<1 day
Senior advisor first response
01 / 03 · BEFORE THE TRANSACTION
Structure — getting in, on the right terms
Entry model — liaison / branch / project office, subsidiary, zone unit, direct sale
Liaison, branch, project office, subsidiary, FTWZ stock, GIFT City unit or direct import — each mapped for regulatory cost, tax footprint, permanent-establishment risk and time to first invoice.
FDI structuring and approvals
Sectoral caps and conditions under the Non-debt Instruments Rules, government-route applications where needed, downstream-investment rules and the pricing guidelines that govern the first share issue.
Overseas investment (ODI) by Indian companies
ODI under the 2022 Rules — the financial-commitment ceiling, the UIN, permitted structures and the annual reporting the investment carries for its life.
Non-resident banking (SNRR)
SNRR accounts and other rupee arrangements for non-residents with business in India, and the January 2025 changes that widened them (see our SNRR article in Insights).
FTA strategy at design stage
Which agreement your product qualifies under, the product-specific rule of origin, and how sourcing and processing should be arranged so the preferential rate is actually available — for exports and for imports.
02 / 03 · DURING OPERATIONS
Operate — keeping the benefit
Export realisation and EDPMS hygiene
Realisation within nine months, extensions and self write-off within the limits the Master Direction allows, and clearing EDPMS entries before they trigger caution-listing — which blocks the next shipping bill.
Import remittances and IDPMS
Six-month payment discipline, evidence-of-import submission, advance remittance rules and the closure of IDPMS entries against Bills of Entry.
FDI / ODI / ECB reporting — FC-GPR, FLA, APR
FC-GPR, FC-TRS, FLA, ODI APRs and ECB-2 filed on time — and Late Submission Fees or compounding avoided by calendaring rather than remembering.
FTA origin management — certificates of origin, CAROTAR records
Certificates of origin on DGFT's platform for exports; for imports, CAROTAR Form I knowledge, certificate validity, supplier declarations and the five-year record; handling an origin verification request without losing the preferential rate.
Transfer pricing meets customs value
Related-party pricing that satisfies both the income-tax transfer-pricing rules and Customs valuation and the SVB — because a year-end TP adjustment can become a customs demand.
03 / 03 · WHEN CHALLENGED
Defend — when the department disagrees
Compounding with the RBI
Identifying the contravention precisely, regularising the underlying transaction first, and presenting the compounding application so it is compounded at the lower end of the framework rather than referred onward.
ED adjudication and appeals
Show-cause notices under s.16, the adjudication hearing, and appeals under ss.17 and 19 — with the record built to show the transaction's genuineness and the absence of the elements that aggravate penalty.
Late Submission Fee and regularisation
Where a filing was merely late, using the LSF route rather than compounding, and getting FC-GPR, FLA, APR and ECB reporting back on the rails without a proceeding.
Caution-list removal
Clearing or extending the EDPMS bills that caused the listing and taking the exporter off the RBI's caution list so shipping bills stop being refused.
CAROTAR and origin disputes
Where a preferential rate is denied, the Customs demand is defended on the origin evidence and the procedure the officer followed under s.28DA — on the Customs ladder.
Growing across borders with clear guidance on FDI, overseas investment, trade agreements and FEMA compliance.
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