The FATF Mutual Evaluation onsite visit for India is due to begin November 3. India's last FATF evaluation report dates back to June 2010.  

The operational context for civil society in India has deteriorated greatly in the last few years, with the sector in a state of deep fear and anxiety caused in large part by the government’s crackdown on dissent through the misuse of laws. These laws include those such as the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA), created or amended to allegedly comply with FATF Recommendations. Further, investigation agencies such as the National Investigation Agency (NIA) and the Enforcement Directorate (ED), also a part of the FATF architecture, have played a role in the suppression of legitimate nonprofit activity.  

As far as we are aware, NPOs were not involved in the (national or sectoral) Risk Assessment process, and have certainly not been consulted during the legislative amendment processes carried out in the past.

Within this context, representatives from Indian civil society have helped put together a series of reports for the FATF and its evaluation team to elucidate both the misuse of the financial integrity framework to target civil society, but also the money laundering and terrorism financing which the state could potentially be facilitating, and which the evaluators need to be made cognizant of so that this can be further interrogated. 

The Global NPO Coalition is facilitating the flow of information to the FATF Secretariat (and through them, to the evaluation team and the jurisdiction) - many of the reports do not have attributed authors due to the fear of reprisal. Please get in touch with npos@fatfplatform.org if you have any questions. 

Documents/Reports:

• Summary letter to FATF on India from Global NPO Coalition on FATF and Amnesty International
• Shadow Risk Assessment of the NPO Sector
• India's Electoral Bond Scheme and Money Laundering Risk
• Indian Government shields Hindutva Terror Groups in breach of FATF Standards
• Amnesty: Weaponizing Counterterrorism: India's Exploitation of Terrorism Financing Assessments to Target Civil Society 
• American Bar Association: The Adverse Impact of Counter Terrorism Laws on Human Rights Defenders and FATF Compliance in India
• UN Special Rapporteurs' communication on India, Oct 31, 2023 (specifically regarding AML/CFT laws/regulations/institutions and their impact on human rights, due process and fundamental freedoms