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| HIRING
OF FOREIGN TECHNICIANS |
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The Indian
company can engage the services of foreign national
including non-resident Indians on a short-term assignment.
(Remittances for engagement upto 3 months time can be
allowed by the authorized dealers provided the foreigner
holds any type of visa tourist, business or employment,
etc. For periods more than 3 months and upto 12 months,
authorized dealers can allow remittances provided the
foreigner holds a valid business visa. Such engagement
for a short term does not require approval of the Reserve
Bank, Before engaging foreign technicians or any foreign
national, for such short-term engagements, the following
essential points are required to be noted :
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a. Clearance
from the Ministry of Home Affairs has to be obtained
if the period of engagement
of any single foreign national exceeds one year at
one time.
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b. The
total duration of engagement of foreign nationals
by the Indian company should not exceed
twelve man months in a calendar year
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c. The
amount of remittance sought for is in accordance with
the terms of contract entered into
by the applicant firm / company with the foreign national
/ company.
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d. The
services of the foreign national are not covered by
any foreign collaboration agreement entered
into by the Indian firm / company or under any warranty
/ guarantee obtained providing
for deputation of the foreign national without any
remuneration or any payment during
the warranty / guarantee period.
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If the
above conditions are fulfilled, the Indian company can
engage the services of a foreign national including
a foreign technician and make remittances of the remuneration
payable to such foreign national or technician by submitting
to the authorized dealer in foreign exchange a statement
in Form EFT and a No objection Certificate from the
income-tax authorities indicating the remittable amount.
Before allowing the remittance, the authorized dealers
would verify the statement made in Form EFT and other
documents and the information submitted by the Indian
company and satisfy himself of the fulfillment of the
aforesaid four conditions.
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After making
the remittances, one copy of the EFT and original No
Objection Certificate received from income-tax authorities
will be forwarded by the authorized dealer to the Reserve
Bank of India.
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It should
be remembered that any remuneration paid to the foreign
national / technician including payment made towards
their passage fare, local living expenses, etc., are
liable for levy of cess under the Research & Development
Cess Act, 1986. Such cess should be deposited before
making an application for remittance to the foreign
national / technician.
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