FEDAIRules
FEDAIRules
FEDAIRules
FEDAI RULES
GENERAL GUIDELINES/INSTRUCTIONS
1. The directives issued by the Reserve Bank of India in respect of Interest rates on Export & Import Finance shall
be adhered to by the Authorised Dealers.
2. The member banks are totally free to determine their own charges for various types of forex transactions, keeping
in view the advice of RBI that such charges are not out of line with the average cost of providing services.
3. Authorised Dealers shall ordinarily not be parties to any guarantees for an unlimited amount and/or an unlimited
period. Authorised Dealers shall ensure to include a specific clause in all the guarantees stating the exact period
within which claims must be made under the guarantee besides the expiry date for the guarantee.
4. With a view to simplifying and liberalising import, authorised dealers are permitted to open standby letters of
credit on behalf of their importer constituents for importing goods into India permissible under Foreign Trade
Policy. RBI vide its AP (Dir Series) Circular No. 84 dated 3rd March 2003 advised the authorised dealers to open
standby letters of credit subject to adherence to the guidelines issued by FEDAI. The detailed guidelines were
issued by FEDAI vide Special Circular No. SPL-16/Standby LC/2003 dated 1st April 2003.
5. Guidelines for calculation of Merchant Rate have been deleted from the Rule Book as the procedure for
calculating the rate for Merchant transactions have been left for our member banks to decide.
6. Information regarding various forex related programmes, exchange related rates advised at various times,
important circulars issued by FEDAI etc. are available at our website. www.fedai.org.in. e-mail address of FEDAI
is [email protected].
RULE 1
HOURS OF BUSINESS
1.A-1 Each Authorised Dealer will establish its business hours for various types of foreign exchange transactions at
each centre where its branches undertake forex business.
1.A-2 It is upto the management of each Authorised Dealer to decide whether they would like to have uniform hours
of business for all categories or different business hours for different categories of forex business.
1.A-3 Heads of International Divisions/Forex Departments of Authorised Dealers shall advise their designated
branches regarding the establishment of business hours for various types of foreign exchange transactions.
1.A-4 In terms of paragraph 7.1 of Reserve Bank of India guidelines for Internal Control over Foreign Exchange
Business, Authorised dealers are permitted to undertake forex business on behalf of the bank during extended hours
subject to the condition that the Management in each bank lays down the working hours of the dealers.
Dealing Hours*
“The dealing hours will ordinarily be the recognised working hours of the banks at the respective centres. But
if dealers are required to work longer hours it is essential that the Managements lay down the extended
working hours” (para 7.1 of ICG).
1.A-5 Authorised Dealers are therefore required to decide on the business hours of their forex branches, dealing
rooms etc. particularly in regard to uniform hours of business for all categories of business or different business
hours for different categories of forex business. Head offices of member banks should advise all their designated
category “A”, “B” and “C” branches their bank’s policy in this regard so that their customers become aware of
business hours within which they could place the concerned transactions with their offices.
RULE 2
EXPORT TRANSACTIONS
2.A-1 General
Authorised Dealers will purchase only Approved Bills and the decision as to what is an approved bill lies solely
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with Authorised Dealers. This includes bills tendered under forward contracts, letters of credit, letters of guarantee,
letters of authority, orders to negotiate, orders for payment and any other type of document of similar nature.
Authorised Dealers will have the discretion to handle export bills on purchase/discount/negotiation or collection
basis.
1[2.A-2 Export Bills purchased/discounted/negotiated
i. Application of rates
Foreign currency bills will be purchased/negotiated/discounted at the Authorised Dealers’ current bill buying
rate or at the contracted rate. Interest for the normal transit period, and usance period shall be recovered
simultaneously.
ii. Crystallisation and Recovery
Exporters are liable for the repatriation of proceeds of the export bills negotiated/purchased/discounted or sent
for collection by the Authorised Dealers. Authorised Dealers should take into account the exchange risk
inherent in an unpaid export bill negotiated/purchased/discounted and transfer the exchange risk to the exporter
by crystallising the foreign currency liability into rupee liability.
Considering that authorised dealers are required to manage various risks, they are given freedom to decide on
the period for crystallisation which may be linked to risk factors like credit perception of different types of
exporter clients, operational aspects etc. Such norms devised by the banks in this regard should be transparent
and should be advised to their customers well in advance.
For crystallisation into Rupee liability the Authorised Dealer shall apply the ready TT selling rate of exchange
ruling on the date of crystallisation.
Exchange difference arising out of crystallisation to be recovered from or passed on to the customer, as the
case may be.
Interest shall be recovered on the date of crystallisation for the period from the date of expiry of the normal
transit period/notional due date to the date of crystallisation at the appropriate rate of interest as per the
guidelines issued by RBI from time to time.
Export bills payable in countries with externalisation problems shall also be crystallised into rupee liability like
any other unpaid export bill notwithstanding receipt of advice of payment in local currency.
The unpaid export bills will be treated as outstanding under the sanctioned limit of the customer with the
exchange risk open against him.
iii. Realisation of Bills after crystallisation
After receipt of advice of realisation, the Authorised Dealers will adjust the Rupee liability on the bill
crystallised as above by applying the TT buying rate of exchange or the contracted rate in case a forward
contract has been booked by the customer after crystallisation. Any difference shall be recovered from/paid to
the customer. Interest for the period from the date of crystallisation to the date of realisation of the bill shall be
recovered from the customer at the appropriate rate of interest for overdue export bills as permitted by Reserve
Bank of India.
iv. Dishonour of Bills
In case of receipt of intimation of dishonour of an export bill before the estimated crystallisation date, the bank
shall recover from the customer :
a. The Rupee equivalent of the bill arrived at the current ready TT selling rate.
b. All foreign currency charges converted at the ruling ready TT selling rate.
c. Interest at appropriate rate as per the guidelines issued by Reserve Bank of India from time to time.
v. Refund of Negotiation Proceeds of unpaid bill
In case refund of negotiation proceeds of a foreign currency bill is required to be made to the negotiating bank
by the customer, the rate of exchange for conversion shall be the ready TT selling rate of the negotiating bank
ruling on the date of refund. In addition, the customer shall be required to pay interest as per the guidelines
issued by Reserve Bank of India from time of time.]
2.A-3 Application of interest
i. The rates of interest applicable for all export transactions shall be as prescribed by Reserve Bank of India from
time to time.
ii. Concept of Normal Transit Period and Notional Due Date
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Concessional rate of interest on export bills is linked to the concept of normal transit period and notional due
date. Normal transit period comprises the average period normally involved from the date of
negotiation/purchase/discount till the receipt of bill proceeds in the Nostro account of the bank. Normal Transit
Period is not to be confused with the time taken for the arrival of the goods at the destination.
In case of bills payable ‘at sight’ or ‘on demand’ basis concessional rate of interest as directed by the RBI on
export bill is applicable for the normal transit period.
In case of usance bills, rate of interest as directed by the RBI on export bills is applicable for the normal transit
period plus usance period. Thus an export bill payable for example at 60 days after sight will be eligible for
concessional interest rate for 60 days usance plus the normal transit period of 25 days i.e. a total number of 85
days.
iii. The above Rule is not applicable to export transactions on deferred payment basis.
2.A-4 Normal Transit Period
i. Normal Transit Period for purposes of all bills in Foreign Currencies ...... 25 days
ii. Exports to Iraq
In respect of Exports to Iraq under United Nations Guidelines where payment under letters of credit is made on
arrival of goods upon issuance of certificate by U.N. Agency to the effect that the exports conform to the
guidelines laid down by United Nations the applicable Normal Transit Period shall be for a maximum of 120
days from the date of shipment for which concessional interest shall be recovered as directed by RBI from time
to time.
iii. Normal Transit Period for purposes of bills drawn in Rupees :
a. In the case of bills drawn under letters of credit where reimbursement is : 3 days
provided at the centre of negotiation
If reimbursement for negotiation of Rupee bills drawn under a letter of credit
is obtained in the centre of negotiation by debit to the non-resident account of
the credit opening bank held, either with the negotiating bank itself or with
any of its branches in the same centre, interest for the transit period of 3 days
as allowed shall not be collected.
b. In the case of bills drawn under letter of credit where reimbursement is : 7 days
provided at a centre in India other than the centre of negotiation
c. In the case of bills drawn under letters of credit where reimbursement is
provided by banks situated outside India
and
Bills not under letter of credit : 20 days
d. Exports to Russia against letters of credit providing for reimbursement by : 20 days
Reserve Bank of India under State Credit arrangements.
2.A-5 Fixed Due Date
In case of export usance bills (foreign currency and rupee bills) where due dates are reckoned from date of shipment
or date of bill of exchange etc. no Normal Transit Period shall be applicable, since the actual due date is known.
2.A-6 TT Reimbursement under letter of credit
i. In case of negotiation of export bills where the letter of credit provides for reimbursement claim upon
negotiation by Cable/SWIFT/Telex or other electronic means, the Authorised Dealer shall recover at the time
of negotiation Normal Transit Period interest for five days.
ii. In case such reimbursement instructions stipulate claiming of reimbursement by Cable/SWIFT/Telex or other
electronic means after a certain number of days from date of negotiation/despatch of documents, this additional
period shall be added to the five days stipulated above for arriving at NTP for the purpose of recovery of
concessive rate of interest.
iii. Overdue interest shall be recovered at appropriate rate as advised by Reserve Bank of India from time to time,
in case the claim is not paid on or before the expiry date of NTP.
2.A-7 Overdue Interest
Overdue interest in all cases shall be recovered from the customer in case payment is not received on or before the
expiry date of Normal Transit Period in case of demand bills, and on or before the notional due date/actual due date
as the case may be in case of usance bills as per RBI directives.
2.A-8 Early realisation
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i. In case of early realisation of export bill proportionate interest shall be refunded from the date of realisation
i.e., by credit to nostro account in case of a foreign currency bill, and by debit to vostro account in case of a
Rupee bill, upto the last date of normal transit period in the case of demand bill and upto the notional due date
in case of usance bill. Such a refund shall become payable only on receipt of relative credit advice/statement of
account by bank.
ii. In case of early realisation of an export bill Authorised Dealers shall recover or pay swap cost as in case of
early deliveries under a forward contract.
2.A-9 Substitution/Change in Tenor etc.
i. In the case of change in the usance of a bill, concessive interest on post-shipment credit shall be charged to the
customers in accordance with the directives of the Reserve Bank of India in force at the material time. In
addition, the bank shall also recover/pay swap difference. Interest on outlay of funds, if any, for such swaps
shall also be recovered from the customer at the rate not below the prime lending rate of the respective bank.
ii. It is optional for a bank to accept delivery of bills under a contract made for the purchase of a clean TT. If a
bank accepts such bills, the swap difference for the relative cover (irrespective of whether an actual swap has
been done or not) shall be recovered from/paid to the merchant. Interest at the rate not below the prime lending
rate of the respective bank on outlay of funds, if any, shall also be recovered from the customer.
2.B Export bills sent for collection
2.B-1 Application of rates
For disposal of the proceeds of export bills sent for collection or of goods sent on consignment basis the TT buying
rate ruling on the date of payment of proceeds to the exporter or the forward contract rate as the case may be shall
be applied and the payment will be made in India only after the foreign currency amount is credited to the nostro
account of the bank.
2.B-2 Application of interest
On all Rupee loans granted against export bills sent on collection, interest shall be charged as prescribed by Reserve
Bank of India from time to time for export credit.
2.B-3 Payment of Interest to exporter
Authorised Dealers shall also pay interest for delay in payment to the exporters on export bills sent for collection
and realised.
On the assumption that the customer has complied with FEMA Guidelines and bank’s own requirements, the
following are time limits within which the transaction should be completed by an Authorised Dealer or his
Authorised Branch after the date of receipt of credit advices/statements :
Type of transactions Working day/s
Transfer of funds received from abroad against export bills to the exporters’ bank. Foreign Currency bills
i. Where payment is to be effected in the same branch 1
ii. Where payment is to be effected at the same centre but to another branch of the 2
same bank or another bank
iii. Where payment is to be effected to a branch of the same bank or another bank at 3
outstation centre
If transfers are not completed within the above time schedule fixed for execution of the payment orders the
compensation shall be payable from the expiry of the period for execution of payment order.
The rate of compensation shall be the minimum interest charged by banks on export credit as directed by Reserve
Bank of India from time to time.
In respect of exports to Russia, rupee settlements are made through Reserve Bank of India at present.
2.C Letter of Credit
Forwarding letters of credit/amendments by VP Post is prohibited.
RULE 3
IMPORT TRANSACTIONS
3.A-1 General
i. “Bills” shall include all documentary/clean bills received under letter/s of credit, standby letter/s of credit,
letter/s of guarantee, letter/s of authority, order/s to negotiate, order/s for payment and other document/s or
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RULE 4
CLEAN INSTRUMENTS
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RULE 5
FOREIGN EXCHANGE CONTRACTS
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The merchant purchase contract should state the tenor of the bills/documents. Acceptance of delivery of
bills/documents drawn for a different tenor will be at the discretion of the bank.
5.A-7 Merchant quotations
The exchange rate shall be quoted in direct terms i.e., so many Rupees and Paise for 1 unit of foreign currency or
100 units of foreign currencies.
5.A-8 Rounding off Rupee equivalent of the foreign currency at the agreed merchant rate
Settlement of all merchant transactions shall be effected on the principle of rounding off the Rupee amounts to the
nearest whole Rupee i.e., without paise.
5.A-9 Common Currencies
A list of common currencies and the unit of rate quotations are as detailed below :
Currencies to be quoted against one unit of foreign currency :
1. Australian Dollar
2. Bahraini Dinar
3. Canadian Dollar
4. Danish Kroner
5. Egyptian Pound
6. Hongkong Dollar
7. Kuwaiti Dinar
8. Malaysian Ringgit
9. New Zealand Dollar
10. Norwegian Kroner
11. Oman Rial
12. Qatar Riyal
13. Saudi Riyal
14. Singapore Dollar
15. Sterling Pound
16. Swedish Kroner
17. Swiss Franc
18. Thai Baht
19. UAE Dirham
20. US Dollar
21. Euro
Currencies to be quoted against 100 units of foreign currencies :
1. Indonesian Rupiahs
2. Japanese Yen
3. Kenyan Schilling
RULE 6
EARLY DELIVERY, EXTENSION AND CANCELLATION
OF FOREIGN EXCHANGE CONTRACTS
6.A-1 General
i. At the request of the customer, unless stated to the contrary in the provisions of FEMA, 1999, it is optional for
a bank to :
a. Accept or give early delivery.
b. Extend the contract.
ii. It is the responsibility of the customer to effect delivery or to request the bank for extension/cancellation as the
case may be on or before the maturity date of the contract.
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RULE 7
BUSINESS THROUGH EXCHANGE BROKERS
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RULE 8
INTERBANK TT-SETTLEMENT OF INTERBANK TTs AND DESPATCH
8.A-1 Preamble
i. Dealing in the interbank market is generally for large value items and it is in the interest of the banking system
that claims are made promptly, if funds are not received in time, and settlements effected. Every care must be
taken by member banks to keep their monitoring system for execution of contracts and for watching receipts of
countervalue funds in top gear. It is, therefore, absolutely necessary for Authorised Dealers to reconcile all
dealing items and other large value items within a period of 24/48 hours by demanding cable/telex/SWIFT
confirmation regarding receipt of expected credits in “Nostro” accounts from the correspondents maintaining
those accounts but in any event not later than a maximum period of 15 days. Authorised Dealers should not
lose sight of the credit risk aspects emphasised in para 3.3.1 of the RBI Confidential booklet “Guidelines for
Internal Control over Foreign Exchange Business”. The requisite monitoring system, therefore, applies for not
only dealings with overseas banks but also to Authorised Dealers in India whose correspondent banking
arrangements are varied.
ii. It is very necessary that discrepant/default items should be quickly identified and effectively settled between
Authorised Dealers within a reasonable time. This is considered necessary also for toning up the reconciliation
system of Authorised Dealers. Notices of non-receipt of funds in the Nostro account must be followed up by
cable, telex, SWIFT etc. with defaulting counterparty banks who should immediately take up the matter with
their correspondents. Authorised Dealers should not wait for receipt of statements of ‘nostro’ accounts for
reconciliation of such items because in that event corrective action will take a much longer time.
Reconciliation may be treated as a final cross-check and not a primary investigation step.
iii. All kinds of defaults in the delivery of countervalue currencies in cross currency deals i.e. dealing in a foreign
currency against another foreign currency between Authorised Dealers in India, fall within the ambit of the
provisions of this Rule.
iv. Banks should make proper enquiries into their books before meeting interest claims thereby resulting in the
toning up of general efficiency in banks.
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8.A-2 General
i. Authorised Dealers should ensure smooth settlement of their interbank transactions. The buyer-bank shall
arrange payment of the Rupee equivalent on the settlement day (i.e., date of delivery) and the seller bank shall
lay down foreign currency funds simultaneously on the same day. Seller-bank shall arrange delivery of the
foreign currency funds at the contracted foreign centre by telex, cable, SWIFT or other expeditious means of
communication without any additional cost to the buyer-bank and the buyer-bank shall advise their Head
Offices/Branches/Correspondents to receive the concerned amounts on their account on the contracted dates. In
their own interest Authorised Dealers shall mention in their telexes or cables the “Value-dates” for
receipt/delivery of the foreign currency funds in terms of their TT Sale/Purchase contracts.
ii. In case the seller-bank is unable to substantiate to the buyer-bank that it had intended to effect proper delivery
on the settlement day, thereby amounting to ‘deliberate’ non-delivery of funds, the seller-bank shall pay to the
buyer-bank a penalty as decided by the Managing Committee of the FEDAI or any other Sub-Committee
specially appointed for the purpose by the Managing Committee. The penalty as stated above shall be in
addition to the interest claim of the buyer-bank.
iii. In case claims are not settled within 2 months from the date of lodgement of claim, the matter shall be referred
to the FEDAI for a final decision which shall be binding upon the banks concerned.
8.A-3 Bilateral Settlement Netting between Authorised Dealers
Authorised Dealers may in their discretion arrange for Bilateral Settlement Netting of Interbank contracts subject to
the prevailing laws and the agreement between the counterparty banks concerned.
8.A-4 Use of incorrectly paid funds (undue enrichment)
In line with the international practice, Authorised Dealer which has received foreign currency funds, not intended
for its accounts, shall be liable to compensate the concerned Authorised Dealer which has been out of funds by
returning the funds with proper value provided the remitting bank bears the back valuation charges.
8.A-5 Timings
i. Written instructions of buyer-banks, regarding their take-up of interbank TT transactions in the permitted
foreign currencies must be in the hands of the seller-banks not later than one hour before the close of the
general banking hours of the latter. Seller-banks have the option of refusing to deal with applications for TT
sales or applications for take-up of the forward fixed date sale contracts received after such banking hours.
ii. In the case of interbank forward contracts which specifically allow option of delivery, the buyer-bank shall
take up such forward contracts after giving two clear days notice to the seller-bank and shall deliver cheques on
the date of take-up as stated in the advance notice to ensure that the Rupee as well as the foreign currency
funds get transferred on the same day.
Banks shall take effective steps to avoid ‘Cash’ transactions in their interbank dealings and establish the practice of
dealing among themselves on ‘spot’, ‘value next day’ or ‘forward’ basis.
On Saturdays, no interbank TT shall be despatched.
Delivery under a ‘spot’, ‘value next day’ or ‘forward’ contract shall be effected on the stated delivery date. In the
case the stated delivery date is later declared a holiday at the overseas centre, the delivery shall be effected on the
next business day.
*8.A-6 Known Holiday/Subsequently declared holiday
Known holiday is defined as one which is known at least seven days before the due date.
If at the time of conclusion of a forward contract, the fixed date of delivery or the last date of option is a Saturday or
a known holiday either at the centre in India where the Rupee funds are to be settled or at the centre where the
foreign exchange funds are to be delivered, the contract shall be deliverable on the day immediately preceding the
Saturday or the holiday provided that day is open for business at both the centres.
Holidays which are not known at least seven days before the due date are to be treated as subsequently or suddenly
declared holidays. In such cases the contract shall be deliverable on the next working day when all the centres are
open for business.
8.A-7 Settlement of interest claims on the delayed delivery of Foreign Currency Funds
i. In the event of late delivery of foreign currency amount of an interbank TT at the stated overseas centre, inter-
est for the number of days of the delay, regardless of the cause of the delay, shall be payable by the seller-bank
as per sub-rules (ii) and (iii) below, as the case may be.
ii. In the event of late delivery in London, interest for the overdue period is to be paid by the seller-bank in India
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at 2% over the “Barclays Bank’s Base Rate” ruling on the day the remittance should have been received in London
in the buyer-bank’s nostro account provided the buyer-bank lodges the interest claim within 30 days from the
day on which the amount should have been received at the overseas centre.
In case the buyer-bank lodges the claim after expiry of the said period of 30 days, interest at the applicable rate
shall be paid for a maximum period of 60 days only or for the actual overdue period whichever is less.
iii. a. In the event of late delivery at centres other than London, interest for the number of days of the delay shall
be paid in India at two per cent over the prime rate of the banks specified below at the respective centres,
ruling on the day the delivery should have been made provided the buyer-bank lodges the claim for
interest within 30 days from the day the delivery should have been received abroad :
Countries Specified Banks
U.S.A. Citibank N.A.
Canada Bank of Nova Scotia
Japan Bank of Tokyo-Mitsubishi Ltd.
Switzerland Swiss Bank Corporation
EURO ABN Amro Bank
b. In case of transactions in currencies of countries not mentioned above, the seller-bank shall pay interest at
2% over the notional overdraft rate payable to the buyer-bank.
c. In case the buyer-bank lodges the claim for interest after expiry of the aforesaid period of 30 days, interest
at the applicable rate shall be paid for a maximum period of 60 days only or the actual period, whichever
is less.
d. No interest claims shall be entertained if claims are preferred after 90 days from the date on which the
foreign currency funds should have been received by the buyer bank.
8.A-8 Acceptance of back valued credits by buyer-bank in the event of late payment
In case where the seller-bank has delayed payment and is willing to rectify the situation by offering to deliver funds
on a value dated basis, the buyer-bank shall accept such funds on a value dated basis provided that such funds are
delivered within two working days abroad from the value date of the contract. The buyer bank shall have no right to
claim interest in India in terms of Rule 8.A-7 (ii) and (iii) above.
For funds which are delivered to the buyer-bank beyond two working days abroad from value date of the contract,
the buyer-bank may either accept (a) Value dated funds or (b) Claim interest as per Rule 8.A.7(ii) and (iii) above.
8.A-9 Wrong delivery of Foreign Currency Funds
In case the seller bank delivers the foreign currency funds to the Nostro account other than the notified account of
the buyer bank, it shall compensate the buyer bank in terms of Rule 8.A-7.
8.A-10 Non-delivery of Foreign Currency Funds
In the case of non-delivery of foreign currency funds, the seller-bank shall deliver foreign currency funds within 48
hours of the receipt of the notification from the buyer-bank. Such notification shall be sent by the buyer-bank not
later than 15 days from the contracted date of delivery.
The seller-bank in such a case shall be liable to pay interest for the full period of delay. In case the foreign currency
funds are delivered after a delay of 45 days from date of demand, the seller-bank shall also become subject to the
provisions of Rule 8.A-2 ii as above.
8.A-11 Delay in payment of Rupee equivalent of interbank TTs in foreign currencies
i. In the event of late payment of the equivalent Rupee funds by the buyer-bank in respect of interbank contracts,
the buyer-bank shall pay interest for each day of delay at 2% over the NSE-MIBOR rate ruling on each such
day of delay.
Interest shall be paid for the period from the date the Rupee funds should have been paid by the buyer-bank to
the date the amount was actually paid, Provided the seller-bank lodges the relative interest claim with the
buyer-bank within 15 days from the date the Rupee amount should have been paid to the seller-bank. In case
the seller-bank fails to lodge the claim within the said period of 15 days, the seller-bank shall be entitled to
receive interest for the maximum period of 30 days only notwithstanding the fact that the actual delay period
might have been much higher than the said 30 days.
ii. No interest claims shall be entertained if claims are preferred after 90 days from the date on which the rupee
funds should have been received by the seller bank.
8.A-12 Period for settlement of interest claims in Rupees
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When a bank is served with the notice of interest claim, it must settle the claim within 21 days of receipt thereof by
making proper enquiry into its books and investigating its records.
Payment of interest claim cannot be withheld for more than 21 days on the plea that enquiries are being made in the
matter of the interest claim.
LIST OF AUTHORISED DEALERS IN FOREIGN EXCHANGE
(as on 1st September 2004)
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