As per media Reports , the MOD on 02 Apr 2012 eased its defence offsets norms with the value of technology transferred under a deal could be written off against the offset The offsets clause is expected to bring in investments of $30 billion in ‘cash or kind’ over the next decade. The revised provisions also make a distinction between equity and non-equity route, that is investment in "kind" made by the OEM for discharge of offset obligations.
"Investment in kind in terms of TOT must cover all documentation, training and consultancy required for full TOT (civil infrastructure and equipment excluded)", the Report said.
The TOT should be provided without license fee and there should be no restriction on domestic production, sale or export. The offset credit for TOT shall be 10 per cent of the value of buy back by the OEM during the period of the offset contract, to the extent of value addition in India.
The guidelines also noted that the technology acquisition by Defence Research and Development Organisation (DRDO) for a list of specified technologies will be treated as an eligible offset with a multiplier up to three.
It has already been decided to allow the tier-I sub-vendors under the main procurement contract to discharge part of the offset obligations on behalf of the main vendor. However, the overall responsibility for discharge of the offset obligations shall rest solely on the main vendor. The agreement between the OEM, vendor and tier-I sub-vendor and the Indian offset partner will mandatorily be subject to Indian laws.
The revised guidelines are said allow offset obligations to be discharged within a time frame that can extend beyond the period of main procurement contract by a maximum period of two years. The overall cap on penalty will be 20 per cent of the total offset obligations during the period of the main procurement contract. There will be no cap on penalty for failure to implement offset obligations during the period beyond the main procurement contract, which may extend to a maximum period of two years.
The period of validity for banked offsets has been increased to seven years.
In the discharge of offset obligations relating to direct export, foreign direct investment and technology transfer or investment in 'kind' in Indian enterprises through non-equity route, a multiplier of 1.50 will be permitted where micro, small, and medium enterprises (MSME) are the Indian offset partners. The monetary limits specified by the Indian government's department of MSME shall be applicable for identification of the MSME.
"In exceptional cases, the competent authority may permit change in offset partners or offset components provided the value of offset obligations remains unchanged. This will provide greater flexibility in implementation", the Report said.
Formal Govt. Guidelines are Awaited.
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