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The GIFT City Guide

FEMA and cross-border structuring

FEMA treats most IFSC entities as persons resident outside India. That single rule shapes how money moves between the IFSC, the rest of India and the world.

Further reading

How FEMA treats IFSC units; Resident individuals investing through GIFT; Indian groups setting up IFSC units.

Detailed guides

Guides in this section

How FEMA treats IFSC units

Regulation 3 of the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015 (FEMA 339/2015-RB, 2 March 2015) provides that a financial institution or branch of a financial institution set up in an IFSC and permitted or recognised by the Government of India or a regulatory authority shall be treated as a person resident outside India.

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Resident individuals investing through GIFT

Resident individuals can invest in GIFT IFSC through the Liberalised Remittance Scheme: in IFSC funds, IFSC-listed securities, foreign-currency accounts with IBUs and other permitted instruments.

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Indian groups setting up IFSC units

An Indian company setting up an IFSC entity makes an overseas direct investment for FEMA purposes, under the Overseas Investment Rules and Regulations, 2022.

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Foreign investment into IFSC entities

Foreign investment into an IFSC entity is not treated as foreign direct investment into India in the ordinary way, because the IFSC entity is itself a person resident outside India for FEMA. The entity remains subject to Indian company law and IFSCA ownership rules.

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Lending from the IFSC to India

Lending from an IFSC bank or finance company to an Indian borrower is external commercial borrowing for the borrower, subject to RBI's ECB framework.

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Where rupees can and cannot be used

IFSC units conduct business in foreign currency as IFSCA determines (FEMA IFSC Regulations 2015, regulation 4). Rupee accounts and rupee legs are possible only where IFSCA or RBI expressly permits them, for example rupee drawing arrangements for PSPs under IFSCA's circular of 10 April 2026.

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Sanctions and AML for cross-border structures

Cross-border structures through GIFT IFSC must clear IFSCA's AML/CFT rules, India's PMLA, and the sanctions laws of every jurisdiction connected to the transaction, including UN, US, UK and EU regimes where they apply.

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FATCA and CRS reporting

IFSC financial institutions that maintain financial accounts are generally within India's FATCA and CRS reporting rules. Confirm the entity's classification under the current Income-tax Rules.

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Primary sources

Authorities and further reading

The official instruments and pages this guide relies on. Check the current version on the issuer's site before acting.

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