20th September, 2002
Ministry of Commerce & Industry  


COCA-COLA ISSUE RESOLVED AS PER ENTRY TERMS


As per the approval granted on 17/07/1997, Hindustan Coca-Cola Holdings Private Limited was required to fulfil the divestment conditions by way of Indian participation of upto 49% in Hindustan Coca-Cola Beverages Private Limited, its wholly owned subsidiary, over a period of five years, i.e., by 16/07/2002. As per this condition, Indian participation can be in the form of participation by individuals/ joint venture partners or general public or both.

Representations made by the company for deletion of the divestment condition were considered twice by the government in 1997 and rejected and also twice by FIPB at its meetings held on 21/12/2000 and 4/10/2001. The company again represented for waiver of divestment condition on 9/4/2002, which was also rejected by the Department. The company submitted yet another representation on 12/6/2002 for reconsideration of their prayer for waiver of divestment condition in response to which the Department granted one month’s extension with a clear direction that the divestment condition should be fulfilled by 16/8/2002.

In response, the company submitted a detailed representation outlining the steps set in motion and giving its firm commitment to comply with the divestment condition by not later than 28/2/2003. In view of the fact that Hindustan Coca-Cola Holdings Private Limited has agreed to comply with the divestment condition, the government, after taking into consideration the steps taken and proposed to be taken by the company to implement the divestment condition, extended the time for fulfillment of the divestment condition from 16/8/2002 to 28/2/2003. The company has proposed to divest around 39% of its equity holdings in Hindustan Coca-Cola Beverages Private Limited to private investors and business partners and the balance 10% in favour of local resident Indian employee welfare and stock option trusts. The divestment in favour of employees and business partners is proposed to be completed by 17 October 2002 and the balance by 17 to 28 February, 2003.