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What is the latest FCRA Amendment?
The Ministry of Home Affairs (“MHA”) on May 26, 2025 notified the Foreign Contribution (Regulation) Amendment Rules, 2025 (“Amendment”), amending Forms FC-3A (registration), FC-3B (prior permission), and FC-3C (renewal), among others.
The Amendment requires applicants engaged in publication-related activities or if publication activities are among their aims and objectives in their governing documents, to submit an undertaking from the Chief Functionary stating that they are compliant with section 3(1)(g) of the Foreign Contribution (Regulation) Act, 2010 (“FCRA”). Furthermore, if the publication of the association is registered with the Registrar of Newspaper for India, a “Not a Newspaper” certificate from the Registrar of the Newspaper for India needs to be submitted.
Furthermore, the Amendment requires an applicant seeking prior permission under FCRA to furnish the following documents:
“(a) commitment letter from the donor, with the amount committed in the letter matching the donation amount mentioned in this Form;
(b) project report including a detailed breakup of proposed expenses to be incurred from the foreign contribution to be received, along with a declaration that administrative expenses shall not exceed 20% of the foreign contribution;
(c) letter from Chief Functionary, in the format available on the website of Ministry of Home Affairs, providing point wise details in respect of each item of guidelines for prior permission issued by the Ministry of Home Affairs.
(d) undertaking to adhere to the Good Practice Guidelines of the Financial Action Task Force (FATF), in the format available on the website of Ministry of Home Affairs ”
While the amended forms have been uploaded (linked here), the supporting undertaking and letter formats are yet to be made available on the FCRA website, as on date of this note.
These amendments are consistent with the government’s broader objective of limiting foreign influence over domestic public discourse and reinforcing financial transparency within civil society operations.
In addition to the above, there are other reporting updates in the Amendment that we will examine in another issue.
What are the key takeaways and what should existing FCRA registration holders be mindful of?
This Amendment signals enhanced regulatory sensitivity to foreign-influenced publications, especially where such content may influence public opinion or policy discourse. While research or policy publishing entities may not view themselves as media outlets, the inclusion of such objectives or activities in governing documents could trigger heightened scrutiny or procedural delays under the revised framework.
For entities who already have FCRA registration and will need renewal, it is recommended that you are mindful of these renewed obligations, especially regarding the undertaking from the Chief Functionary. While the Amendment need not affect your current operations as they are, renewal may be slightly more complicated if you are engaged in publishing activities.
Non-profit organisations involved in knowledge dissemination, research, advocacy, and educational publication must adopt a proactive compliance posture, integrating legal review of their objectives, disclosures, and publication strategies into their FCRA risk management processes. Non-profit organisations should also review their Memorandum of Association or Trust Deed to assess how publication-related objectives are articulated. Language that closely resembles carrying our publication or news dissemination may warrant modification.
Who is affected by it?
The Amendment does not directly affect entities who already have FCRA approvals in place and are not seeking renewal.
The new compliance requirements with are applicable to:
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All new applicants for FCRA registration filing through Form FC-3A have to file an undertaking from the Chief Functionary stating that they are compliant with section 3(1)(g);
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Applicants seeking prior permission through Form FC-3B are required to furnish all the documents listed below:
a) commitment letter from the donor;
b) a project report with detailed break-up of proposed expenses;
c) a letter from the chief functionary; and
d) undertaking to adhere to the Good Practice Guidelines of the FATF.
- Entities applying for renewal of FCRA registration through Form FC-3C after the effective date need to file an affidavit regarding receipt and utilisation of foreign contribution after expiry of FCRA registration.
What is section 3(1)(g) of the FCRA? Were there existing publishing restrictions in FCRA?
Section 3 of the FCRA prohibited certain foreign contribution to be accepted by:
“3.(1) …
(b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper; …
(g) association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) or any other mode of mass communication;
(h) correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g).”
The restrictions with respect to publishing are limited to a registered newspaper or audio/visual broadcasting of news. There are no broad restrictions on publishing in general outside of these restricted activities.
How is publication defined?
FCRA or the Amendment does not define “publication” and has not provided any content based guidelines. The Press and Registration of Periodicals Act, 2023 defines publication as:
“publication means newspapers, magazines, journals or newsletters printed periodically and published in India, and shall include its reproduction in electronic form or any syndication, facsimile edition, for public distribution or access”
What is the effective date?
The Amendment comes into force from May 26, 2025. Applicants filing for FCRA registration, prior permission or renewal of their expired/cancelled FCRA registration after May 26, 2025 must conform to the amended compliance requirements.
My organisation carries out policy work including publishing white papers, think pieces, reports and other publications. How does this Amendment affect me?
Yes, the Amendment broadly refers to “publication-related activities”, which unless otherwise specified by MHA later, would include publications such as white papers, think pieces, reports and other publications. Our literal interpretation of the Amendment would require that entities engaging in these publications have to furnish an undertaking from the Chief Functionary as part of their FCRA application. An organisation working in policy may be benefitted by showing how the foreign funding does not affect the neutrality of their research advocacy.
As of the date of this briefing, no further clarifications or FAQs have been issued by the MHA. Future guidance may further delineate the scope of these provisions. We will update this note with developments, if any. Given the absence of an FCRA specific definition for publication, entities are advised to adopt a politically sensitive approach of ‘publication-related activities,’ especially where publications are public-facing and may contain commentary on public policy or current affairs.
My organisation regularly publishes newsletters to inform donors/public about my activities. How does this affect me?
The Amendment refers only to entities engaged in “publication-related activities” or if publication activities are among the entities’ aims and objectives. While it is not clear whether newsletters would be covered under this framing of the Amendment, a literal interpretation would restrict publishing of newsletters only if that were one of the main activities of the entity.
Our understanding is that publishing newsletters that only report periodic activities of the organisation and not predominantly involved in shaping policy narrative and discourse would not constitute “publication-related activities”.
I am a non-profit organisation mostly carrying out implementation work using FCRA funding. After completing my projects, I generally submit a report to the foreign funder about objectives completed. Post approval, I have been publishing these reports to benefit others working in the same sector, can I continue doing that?
It remains unclear whether occasional publishing triggers the requirement, since it would not even fall under the definition of publication as defined under the Press and Registration of Periodicals Act, 2023. Our understanding is that publishing a report that only records activities of the organisation and does not influence policy discourse should not face difficulties. Until clarified by FAQs or advisory notes, the prudent approach is to interpret the rule literally and comply if publishing is regular or institutionalised part of your affairs.
If you are an FCRA applicant and publishing is only incidental to your work, then we recommend pausing publications till there is further clarity from the MHA. If you already have an FCRA registration and have carried out publications already – please seek an undertaking from the Chief Functionary when applying for a renewal.
How are universities impacted by this Amendment?
Most universities carry out research and have the publication of their studies as part of their aims and objects. Universities will definitely be required to submit an undertaking when applying for their FCRA registrations or renewal with respect to their publications.
Given that universities frequently partner with international donors and publish collaborative research, institutions should consider developing internal protocols for disclosure and neutrality review. Universities may benefit if they can show how foreign funding is disbursed in a manner where their research and studies remain neutral and impartial.
I am an NGO who was about to apply for FCRA prior permission. How does this Amendment affect my application and potential funder?
The Amendment has made the process for obtaining prior permission more extensive. The authorities now additionally require a) commitment letter from the donor; b) a project report with detailed break-up of proposed expenses; c) a letter from the chief functionary; and d) undertaking to adhere to the Good Practice Guidelines of the FATF.
While these documentary requirements are more comprehensive, there is no substantive crackdown on obtaining prior permissions. The documentary requirements may, in fact, raise more comfort with the funders as well. Please inform your potential funder about the requirement of the commitment letter where the funds and objectives stated match the actual disbursement and project report. Please also be mindful of the publication related advisory above when applying for prior permission with FCRA.
Disclaimer: This note is intended for informational purposes only and is based on our interpretation of the Foreign Contribution (Regulation) Amendment Rules, 2025, along with our experience advising non-profit organisations. This note does not constitute a legal opinion or legal advice. Applicability of the Amendment may vary depending on the specific facts, nature of activities, and objectives of each organisation.
We recommend seeking tailored legal guidance prior to acting on any information contained herein. If you have questions or require further clarification, please feel free to reach out to our team at [hello@pacta.in].