Friday, May 30, 2008

Jaya condems FM on "economic terrorism"

Courtesy_
Dinamalar ePaper

Read in details about the P-notes:

What are P-notes


Also read the related stories in THE HINDU as follows:

Jayalalithaa slams Chidambaram


Special Correspondent

For “unchecked flow of foreign funds” into the country


Jayalalithaa

CHENNAI: All India Anna Dravida Munnetra Kazhagam general secretary Jayalalithaa on Thursday came down heavily on Union Finance Minister P. Chidambaram for not taking steps to curb “unchecked flow” of foreign funds into the country in the name of globalisation.

“The unchecked entry of funds from abroad is being used by foreign-based terrorists not only to fund terrorism but also to cripple the country economically,” she said in a statement.

Terming this “economic terrorism,” Ms. Jayalalithaa said foreign investors now had a convenient way of making investments through participatory notes (P-notes) without revealing their identity. P-notes are instruments used by registered Foreign Institutional Investors (FIIs) for overseas investors who wished to invest in the Indian stock market without registering themselves with the market regulator, the Securities and Exchange Board of India (SEBI).

Investments through the P-notes routes are believed to be largely responsible for the sudden and unexplained fluctuations in the stock market indices. Though SEBI has asked FIIs to disclose the identities of holders of these notes, there has been no compliance, she alleged. The AIADMK leader said as per the Indo-Mauritius double taxation avoidance treaty signed in 1983, investments through Mauritius FIIs would not come under tax bracket. After the UPA came to power, Mauritius had emerged as the largest foreign investor in India. Tax losses to India as a result of the treaty were estimated at Rs.4,000 crore.

The RBI had stated that Indian “slush funds,” were going out of the country and being ploughed back as legitimate funds via Mauritius. Despite all this, the Finance Minister had not taken any step. What prevented Mr. Chidambaram from making sure that no Indian was re-routing investments through P-notes? What steps had he taken to ensure that slush funds from India and terrorist funds from abroad were not entering the Indian market through P-notes or the Mauritius route, she asked.

© Copyright 2000 - 2008 The Hindu

Courtesy_
http://www.thehindu.com

Also read the Finance Ministry’s rejoinder as follows:

Finance Ministry refutes Jayalalithaa’s allegations

Special Correspondent

“They betray her lack of understanding of the FII regime in force”

NEW DELHI: The Finance Ministry on Monday refuted the allegations made by AIADMK general secretary Jayalalithaa on the functioning of foreign institutional investors as “totally baseless besides betraying a complete lack of understanding on the FII regime that is in force.”

Referring to a news report captioned ‘Jayalalithaa slams Chidambaram’ (appearing in The Hindu dated May 30, 2008), the Ministry’s rejoinder said:

“FIIs are regulated entities, SEBI being the regulator. In terms of the SEBI (FII) Regulations, 1995, an FII may issue Participatory Notes (PNs) with Indian Instruments as the underlying securities, subject to the subscriber being a regulated entity. Further downstream issue of PNs, if any, may also be done only to regulated entities. Besides, FIIs are required to report at the end of every month, in a prescribed format, all information relating to PNs issued by them including the names of subscribers to the said PNs. FIIs are also required to give an undertaking that the FII or its associates have not issued, subscribed or purchased any PNs to/From Indian residents or NRIs or PIOs or OCBs during the reporting period.

“We may also point out that PNs are market instruments that are created and traded overseas. Hence, the Government of India cannot ban or control the issue of PNs; they can only be regulated, and they are indeed being regulated by SEBI. When a PN is traded on an overseas exchange, the regulator in that jurisdiction would be the authority to regulate that trade. Your readers will also recall that, in October, 2007, SEBI took certain measures to further regulate the issue of PNs.

“Ms. Jayalalithaa’s allegation that investments through PNs are ‘believed to be largely responsible for the sudden and unexplained fluctuations in the stock market indices,’ betrays a total lack of understanding of both PNs and the movement in the stock market.

“The movement in stock market indices is a function of the investor’s perception of the economy or of a sector or of index stocks. The movement is also influenced by domestic and international events, market sentiments, level of floating stocks available, corporate performance and prospects of future economic growth.

“On the issue of terrorist funds finding their way into the stock markets, the matter has been clarified in Parliament. Information available with the government and the regulators does not indicate any surreptitious entry of terrorist outfits into the stock market. Besides, there are adequate provisions in the laws such as FEMA and PMLA to deal with unauthorised or suspicious transactions involving currency or foreign exchange.

“This clarification issued with the approval of the Finance Minister, who wishes to add that the statement of the general secretary of the AIADMK appears to have been made not after gathering information or a careful study of the subject but purely out of a malicious design to spread misinformation.”

© Copyright 2000 - 2008 The Hindu

Courtesy_
http://www.thehindu.com


Also read the Clarification made by Press Information Bureau:


Clarification on Regulation of Fiis and PNs

16:14 IST

Attention of the Government has been drawn to a news item appearing in a section of press on the allegations made by Ms. Jayalalithaa, General Secretary, AIADMK regarding FII regime, movement of stock market indices, Participatory Notes etc.

The allegations made by Ms. Jayalalithaa, General Secretary of the AIADMK, are totally baseless besides betraying a complete lack of understanding of the FII regime that is in force.

FIIs are regulated entities, SEBI being the regulator. In terms of the SEBI (FII) Regulations, 1995, an FII may issue Participatory Notes (PNs) with Indian instruments as the underlying securities, subject to the subscriber being a regulated entity. Further downstream issue of PNs, if any, may also be done only to regulated entities. Besides, FIIs are required to report at the end of every month, in a prescribed format, all information relating to PNs issued by them including the names of subscribers to the said PNs. FIIs are also required to give an undertaking that the FII or its associates have not issued, subscribed or purchased any PNs to/from Indian residents or NRIs or PIOs or OCBs during the reporting period.

It is also pointed out that PNs are market instruments that are created and traded overseas. Hence, the Government of India cannot ban or control the issue of PNs; they can only be regulated, and they are indeed being regulated by SEBI. When a PN is traded on an overseas exchange, the regulator in that jurisdiction would be the authority to regulate that trade.

It may be recalled that, in October, 2007, SEBI took certain measures to further regulate the issue of PNs.

Ms. Jayalalithaa’s allegation that investments through PNs are “believed to be largely responsible for the sudden and unexplained fluctuations in the stock market indices” betrays a total lack of understanding of both PNs and the movements in the stock market. The movement in stock market indices is a function of the investor’s perception of the economy or of a sector or of index stocks. The movement is also influenced by domestic and international events, market sentiments, level of floating stock available, corporate performance and prospects of future economic growth.

On the issue of terrorist funds finding their way into the stock markets, the matter has been clarified in Parliament. Information available with the Government and the regulators does not indicate any surreptitious entry of terrorist outfits into the stock market. Besides, there are adequate provisions in the laws such as FEMA and PMLA to deal with unauthorised or suspicious transactions involving currency or foreign exchange.

This clarification issues with the approval of the Finance Minister who wishes to add that the statement of the General Secretary of the AIADMK appears to have been made not after gathering information or a careful study of the subject but purely out of a malicious design to spread misinformation.

BSC/SS/GN-136/08

Courtesy_
http://pib.nic.in

Also read the reply by Jayalalithaa for the rejoinder of FM:

FM should demit office for "misleading" the nation: Jaya

Chennai (PTI): Lashing out at the Union Finance Ministry, AIADMK chief Jayalalithaa on Thursday said the ministry, at the behest of Finance Minister Chidambaram, had launched a personsal 'diatribe' against her instead of replying to her charges that investments through participatory notes were responsible for the fluctuations in the stock market indices.

Reacting to the Finance Ministry describing her charges as baseless, she said "the rebuttal is an exercise in obfuscation. It simply seeks to beat around the bush without answering the core of the issues raised by me', she said in a statement.

She said if Chidambaram was unable to answer her charges on the issue, particularly on revealing the names of participatory note holders within the next 24 hours, he should demit office for "misleading" the nation. "Will the union finance ministry publish the complete list of P-note holders along with their details and the amount of investment on its website or on the website of SEBI? What prevented the ministry from doing so?," she asked.

Jayalalithaa had earlier accused Finance Minister P Chidambaram of having jeopardised India's security by turning a "blind eye" towards the inflow of terror funds through participatory notes.

Courtesy_
http://www.hinduonnet.com

Also read the related developments on this issues as follows:

Jayalalitha again blasts Chidambaram over foreign funding


June 12th, 2008 - 9:14 pm ICT by IANS

Chennai, June 12 (IANS): AIADMK general secretary J. Jayalalitha Thursday renewed her criticism of Finance Minister P. Chidambaram’s economic policies and demanded his resignation for "falsely" claiming that foreign investments into India were being monitored by the market watchdog. Jayalalitha in a statement here Thursday pointed out that the Securities Exchange Board of India (SEBI) had slapped a fine of Rs.10 million on Goldman Sachs Investment (Mauritius) for its failure to report the issuance of participatory notes (P-notes) to the Mauritius-based Magnus Capital Corporation Ltd.

"However, the Securities Appellate Tribunal (SAT) has set aside SEBI’s order and asked the market regulator to pay Rs.100,000 to Goldman Sachs instead," Jayalalitha noted.

"The case is not only a loss of face for SEBI, it is also a clear indication that the finance minister’s claim that investments from abroad are being adequately monitored is a lie," said Jayalalitha, Tamil Nadu’s leader of opposition.

"Are we to infer that he has certain vested interests in doing so? Now that his lie has been publicly nailed, will he quit office?"

"If he refuses to do so on his own, will the prime minister (Manmohan Singh), an economist himself, throw him out and ask the CBI (Central Bureau of Investigation) to investigate what is happening?" she asked.

After Jayalalitha’s criticism earlier, the finance ministry had clarified that P-notes were market instruments created and traded overseas and the government of India could not ban or control the issue of P-notes, only "regulate" them.

On May 29, she had criticised Chidambaram, saying: "A spectre called ‘economic terrorism’ was being encouraged by the UPA (United Progressive Alliance) government which let foreign investors hide their identity under a sub-account by making use of p-notes to route their investments, often running into hundreds of crores."

Courtesy_
http://www.thaindian.com

Read the related stories in Dinamalar ePaper

Courtesy_
Dinamalar ePaper

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