The Enforcement Directorate has filed a prosecution complaint (charge sheet) against Amnesty International India Private Limited (AIIPL), Indians for Amnesty International Trust (IAIT) and others in a #moneylaundering case.
The money laundering case is based on the First Information Report (FIR) registered by the #CentralBureauofInvestigation (CBI) against the accused entities for alleged violation of the Foreign Contribution (Regulation) Act (#FCRA).
AIIPL is an umbrella entity under Amnesty International Ltd, UK, which was declared to be set up for the cause of social activities in India.
According to the #EnforcementDirectorate, in 2011-12, Amnesty International India Foundation Trust (AIIFT) had been granted permission under the FCRA for receiving foreign contribution from Amnesty International-United Kingdom. However, the permission was subsequently revoked on the basis of adverse inputs received from security agencies. Then, two new entities — Amnesty International India Private Limited (AIIPL), Indians for Amnesty International Trust (IAIT) — were formed in 2013-14 and 2012-13 allegedly to escape the FCRA route and receive overseas funds in the guise of service export and #ForeignDirectInvestment (FDI).
The Enforcement Directorate issued a show-cause notice to #AmnestyIndia International Pvt Ltd (AIIPL) and it’s CEO for contravention of the provisions of the Foreign Exchange Management Act (#FEMA), 1999 and imposed a penalty of Rs 51.72 crore and Rs 10 crore respectively in 2019.
The show cause notice issued by ED:
📌 1) Charged that during the period between November 2013 and June 2018, remittance which was received by AIIPL and claimed as a receipt for Business and Management Consultancy and Public Relation Services for export of services to the foreign beneficiary is nothing but the amount borrowed from overseas remitter, thereby violating the FEMA provisions.
📌 2) All contentions and submission from AIIPL regarding the claim of the remittance towards the export of services to Amnesty International have been dismissed, in the absence of concrete evidence.
📌 3) Funds that have arrived to the hands of AIIPL through inward remittances to the tune of Rs 51,72,78,111.87 is nothing but the fund lent by Amnesty International to AIIPL to ensure its objectives in the territorial jurisdiction of India, which is not accordance with the provisions of Regulation 3 of Foreign Exchange Management (borrowing and lending in Foreign Exchange) Regulations, 2000.
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