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Amway India chief likely to appear before ED today

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HYDERABAD: Amway India chairman and managing director William Scott Pinckney would 
appear before Enforcement Directorate (ED) authorities in Hyderabad on May 31 to 
answer alleged violations of the Foreign Exchange Management Act (FEMA) by his 
company. 

Though the Amway India chief had appeared before the ED authorities in Hyderabad a 
few months ago, as they were not satisfied with his replies, he was summoned 
again. Though Pinckney along with two other Amway directors was arrested in Kerala 
on Monday, he was later released on bail and the ED expects him to appear before 
them next Friday

The Kerala police had arrested Pinckney on charges of cheating and violation of 
the Prize Chits and Money Circulation Schemes (Banning) Act 1978. The AP high 
court had earlier held as illegal the multi-level marketing methods (MLM) of 
Amway. The Reserve Bank of India (RBI) too issued guidelines which clearly put the 
activities of Amway under the purview of banned activities like lottery and 
gambling. Foreign Exchange Management (Current Account) Rules 2000 issued by the 
RBI brings multi-level marketing techniques and methods under the schedule of 
banned activities. Amway India has been accused of repatriating crores of rupees 
from India to the US, where its headquarters is located. Rules do not permit such 
repatriations particularly in respect of monies that were made out of gambling and 
lotteries. 

In his first deposition before the ED earlier, Pinckney told them that Amway had 
obtained the necessary approvals from the Foreign Investment Promotion Board 
(FIPB) before setting foot in India in 1999. But, later several courts in India 
including the Supreme Court had held that the kind of activities being promoted by 
Amway and other multi-level marketing firms were nothing but gambling and hence, 
cannot be permitted. 

In fact, RBI came out more clearly in this regard wherein it said that multi-level 
marketing is akin to lottery and gambling. Earnings from such activities made here 
by foreign firms should not be repatriated to foreign shores. But Amway has been 
doing this for one-and-a-half decades and it has already sent out several hundred 
crores of rupees to the US, official records say. 

The Times of India (M Sagar Kumar, TNN | May 30, 2013, 02.19AM IST)


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