ethical business practises: entry strategies and legal obligations for foreign companies entering...

London, 25th June, 2013 Sanjay Sen, Senior Advocate

Business or investment specific strategy sector norms government involvement

at policy level regulatory approvals as stakeholder others (consumer / procurer etc.)

Federal Polity Market Local Partner Confidentiality & IPR Issues Judicial remedies

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Sector norms Foreign Direct Investment Policy, 2013 (w.e.f. 5.04.13) Foreign Trade Policy, 2012 Reserve Bank of India Guidelines Sector specific Guidelines and Procedures – DPP, 2013

Government Involvement at policy level

negotiating change of policy & risk mitigation regulatory approvals

process & timeline – extent of support from local partner as a stakeholder

PPP projects – investment approval others (consumer / procurer etc.)

government procurement policy, CVC guidelines, procurement terms linked to source of funds – domestic, multi / bilateral sources.

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Federal Polity Constitution: Federal & State subjects State regulations & taxes Policy initiatives - support to investment (e.g.

FDI in Multi Brand retail) Political & legal risks – 2G (telecom),

Vodafone Market

market regulator analysis & intelligence rules of competition (CCI) anti –dumping & WTO compliances

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Local Partner financial & legal due diligence accounting norms & practices business ethics culture mapping

Confidentiality & IPR Issues legal framework & contracts enforceability

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Judicial remedies common law arbitration delays legal resource

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Thank you

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