- Any person, if it is not registered with the Central Government, can accept foreign contribution only after obtaining the prior permission of the Central Government and such prior permission shall be valid for the specific purpose for which it is obtained and from the specific source.
- Any association registered with the Central Government or granted prior permission under that section of the Foreign Contribution (Regulation) Act, 1976, as it stood immediately before the commencement of this Act, shall be deemed to have been registered or granted prior permission, as the case may be, under this Act and such registration shall be valid for a period of five years from the date on which this section comes into force.
- For this purpose, the association should meet following criteria:
- Be registered under an existing statute like the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or section 8 of the Companies Act, 2013 etc.
- Submit a specific commitment letter from the donor indicating the amount of foreign contribution and the purpose for which it is proposed to be given.
Procedure for FCRA Prior Permission
- Go to Ministry of home affairs website by typing in address of web browser, http://fcraonline.nic.in
- Create a Login ID
- Fill Form FC-3B which is an application for FCRA Prior Permission
- Upload required documents for Prior Permission
- Pay Fees @ 3000 and print the Application
Documents Required for the FCRA Prior Permission
Following documents are necessary for FCRA prior permission
- Signature of the chief functionary
- Self-certified copy of registration certificate/Trust deed etc., of the association.
- Duly signed Commitment Letter from Donor.
- Project Report for which FC will be received.
- Associations has to upload affidavit of each key functionary.
- Images of Chief Functionary signature and Seal of the Association which are saved in JPG/JPEG format.
- Details of the designated bank account in SBI, Sansad Marg, New Delhi
- Applicant seeking prior permission for foreign contribution for more than Rs.50, 00,000/- (Fifty Lakh rupees) shall enclose audited statements of accounts and activity report of the association for the last three years from the date of submission of application.
- Aadhar of the Board members in case of Indian members and copy of passport or overseas citizen card (OCI) in case of foreign members.
RESTRICTION ON USE OF FUNDS UNDER PRIOR PERMISSION
Section 11 of the FCRA 2010 states that if a person registered or granted prior permission, is found “guilty” of any contravention under this act, then the central government may impose restrictions on receipt and utilization of the foreign contribution.
However, FCRA Amendment Act, 2020 dated 29th September 2020 states that, in case of prior permission, specified restrictions can be imposed on the basis of any information or report after holding a summary inquiry and the FCRA department has reasons to believe that a person who has been granted prior permission contravened any of the provisions of this Act. In other words, such restrictions can be imposed even if violations are suspected. It is not necessary that the contravention has been proved or attained finality to impose such restrictions.
Sample copy of form FC-3B find here