ED issues notice to Amnesty India, Aakar Patel; imposes Rs 61.72 cr penalty under FEMA

New Delhi: The Enforcement Directorate (ED) issued a show-cause notice to Amnesty India International Pvt Ltd (AIIPL) and its CEO Aakar Patel for contravention of the provisions of the Foreign Exchange Management Act, 1999 (FEMA) and imposed a penalty of Rs 51.72 crore and Rs 10 crore respectively, the agency said on Friday.

The adjudicating authority of ED issued the notice. The federal agency had initiated an investigation under FEMA on the basis of information that Amnesty International, UK had been remitting huge amounts of foreign contributions through its Indian entities (non-FCRA companies) following the FDI route, in order to evade the Foreign Contribution Regulation Act (FCRA) to expand its NGO activities in India, despite of denial of prior registration or permissions to Amnesty International India Foundation Trust (AIIFT) and other trusts under FCRA by Ministry of Home Affairs.

“The show cause notice issued by ED had charged that during the period between November 2013 and June 2018, remittance which was received by AIIPL and claimed as a receipt for Business and Management Consultancy and Public Relation Services for export of services to the foreign beneficiary is nothing but the amount borrowed from overseas remitter, thereby violating the FEMA provisions,” an ED statement mentioned.

After getting a detailed reply from AIIPL and following the principle of natural justice, the Adjudicating Authority of ED has held that AIIPL is an umbrella entity under Amnesty International Ltd, UK, which was declared to be set up for the cause of social activities in India.

However, the statement said, AIIPL has been involved in many activities which are not relevant to their declared commercial business, and circumventing model has been applied by them to route the foreign funds in the guise of business activities to escape FCRA scrutiny.

“All contentions and submission from AIIPL regarding the claim of the remittance towards the export of services to Amnesty International have been dismissed, in the absence of concrete evidence,” it said.

Consequently, the statement stated, funds that have arrived to the hands of AIIPL through inward remittances to the tune of Rs 51,72,78,111.87 is nothing but the fund lent by Amnesty International to AIIPL to ensure its objectives in the territorial jurisdiction of India, which is not accordance with the provisions of Regulation 3 of Foreign Exchange Management (borrowing and lending in Foreign Exchange) Regulations, 2000.

Accordingly, penalty to the tune of Rs 51.72 crore on AIIPL and Rs 10 crore on Aakar Patel have been imposed under the provisions of FEMA.