Roving Periscope: Even the US, others, have FCRA-type laws, says Kwatra

New Delhi: Amid the foreign-sponsored brouhaha and the shortsighted opposition by some parties in India to the proposed amendment to the Foreign Contribution (Regulation) Act, New Delhi’s envoy to Washington has asserted that regulating foreign financial flows in public and political spaces is a sovereign step driven by national security concerns and cited similar laws enacted by the US and other countries for this purpose.

The amendments to the FCRA Act were aimed at bringing in more transparency and expected organisations to receive money through a laid-down process, India’s Ambassador to the US Vinay Mohan Kwatra said, according to media reports.

In a series of posts on X, he said on Sunday that: “The US has had FARA (Foreign Agents Registration Act) since 1938 and FATCA (Foreign Account Tax Compliance Act) since 2010. Australia legislated in 2018, Canada in 2024. The UK’s scheme came into force in July 2025. The EU is legislating now,” he said.

Kwatra’s post on X came days after a US lawmaker, Republican Congressman Riley M. Moore, voiced concern over the FCRA amendments, claiming that it would allow the Indian government to take control of churches and charities and that it was against the Christian community.

The envoy said when a registration is cancelled or surrendered, foreign contributions and the assets created from them already vest in a State Government authority under a provision that has been in force since 2010.

“What the 2026 Bill adds is a designated authority to safeguard those assets – and a way back. If the organisation restores its registration, all assets and unused funds are returned in full,” he said.

“Places of worship carry their own protection. Where a cancelled association has created property connected to a place of worship, that property goes to another FCRA-registered association of the same faith to ensure continuity of worship,” he said.

The envoy also dismissed apprehensions that the new law aimed at cutting off foreign aid to civil society.

“Tens of thousands of associations are registered under FCRA and routinely receive foreign funds for health, education, disaster relief, research and humanitarian work,” Kwatra said.

He said India has over three million NGOs, and only a bare fraction of these, 14,450, hold the FCRA registration.

“Thus, the overwhelming majority of civil society organisations are entirely outside the Act,” Kwatra said.

He said India first enacted FCRA in 1976 and brought in a more modern framework through amendments in 2010. The law was further strengthened by amendments in 2016, 2018 and 2020.

“The 2026 Bill and Rules are the next step in the same direction: more transparency, better governance, clearer rules,” he said.

Kwatra asserted that regulating foreign financial flows in public and political spaces is a sovereign step driven by national security concerns.

“It is an accepted feature of modern governance in many democracies around the world,” he said.

Kwatra also dismissed suggestions that the FCRA amendments targeted a particular community.

“Nothing could be farther from it. The Act applies uniformly to all organisations regardless of religion, community or ideology. Faith-based welfare activities, including religious education, maintenance of places of worship, and charitable work by organisations of every faith, continue to be eligible for foreign funding,” he said.

The FCRA (Amendment) Bill, 2026, seeks to empower the government to create a “Designated Authority” to take over the management of foreign contributions and assets created using foreign contributions when an organisation’s FCRA registration is cancelled, surrendered or ceases because it is not renewed.

The bill also states that in case of assets that are a place of worship, the Authority must ensure that its religious character is maintained.

 

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