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Presently, corporates who are under investigation by any law enforcing agency like the Directorate of Enforcement (DoE), etc. can access ECB only under the Approval Route.
This circular permits, with immediate effect, all entities to avail of ECB under the Automatic Route notwithstanding any pending investigations/adjudications/ appeals by the law enforcing agencies, and also without prejudice to the outcome of such investigations/adjudications/appeals. Banks/RBI while approving the ECB proposal will have to intimate the concerned agencies by endorsing the copy of the approval letter to them.
