Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) legislation, including the Foreign Contribution (Regulation) Act of 2010

Cases
Location of case in SG report
2024-116-001
Relevant SG report
Year of the report
2024
Country Geolocation

Latitude: 20.593684

Longitude: 78.96288

Country Geolocation (linked Cases)
India
From Region
UN body that raised the case prior to the SG report
  • UN Special Procedures: Thematic
Dates of prior UN action
October 2023
Type of record
General situation addressed
Type of rights defended
  • Unclear in SG Report
Reprisal information
  1. In October 2023, special procedures mandate holders provided a review of the acts and agencies118 that outline and enforce India’s Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) legislation. They expressed concerns over the use of the Foreign Contribution (Regulation) Act of 2010 to restrict the work of non-profit/non-governmental organizations. 119 Mandate holders observed heightened licensing requirements under the FCRA and its 2020 amendments noting that the FCRA seems to be used to arbitrarily target non-profit organizations, particularly those with diverse or critical views. Mandate-holders urged the Government to ensure that any procedures governing the licensing of non-profit organizations under the FCRA are transparent, accessible, non-discriminatory, expeditious, inexpensive, and allow for the possibility of appeal (IND 10/2023).
Types of reprisals suffered
  • Administrative reprisal
  • Unclear
Alleged/likely perpetrators
State actors
Was the reprisal based on new legislation?
No
Does the report make general comment about country’s environment for engagement with UN?
No
Government response dates
5 July 2024
Government response content
  1. Regarding the reference to the Foreign Contribution (Regulation) Act 2010, the Government noted that the Act was enacted to regulate the acceptance and use of foreign contributions by individuals or associations to ensure that funds are not used for purposes detrimental to national interests. Concerning the situation of the Centre for Social Development, the Government noted that its FCRA registration had been suspended (on 29 June 2024) as it had been found to be in violation of this Act.
Was the case raised by a State at the UN?
No
Is the country cited for a "pattern of reprisal" in the context of this case?
No
Is a pattern of reprisals mentioned otherwise in the context of this case?
No
Does the report cite "self-censorship" as an issue in the context of this case?
No