The Foreign Exchange Management Act, 1999: After Reading This Chapter, You Will Be Able To Understand

1
THE FOREIGN EXCHANGE

MANAGEMENT ACT, 1999
LEARNING OUTCOMES
After reading this chapter, you will be able to understand:
❑ Certain important terms and definition under the Foreign Exchange
Management Act, 1999
❑ The concept of Residential Status under the Foreign Exchange
Management Act, 1999
❑ The meaning of Current and Capital Account Transactions and the
Regulations and rules governing them
❑ The role of Authorised Persons under the Foreign Exchange Management
Act, 1999 and
❑ Regulations governing the transactions in relations to import and export
of goods and services
❑ Regulations governing Overseas Direct Investments (ODI)
❑ Process of loans made by non-resident lenders in foreign currency to
Indian borrowers
❑ The penalties imposed under the Act and the process of adjudication.
❑ The Appellate procedure under the Act
© The Institute of Chartered Accountants of India

1.2 CORPORATE AND ECONOMIC LAWS
1. INTRODUCTION
Need for the Act
The change in the economic scenario, globalization of capital,
free trade across the globe, necessitated the need for managing
foreign exchange in the country in an orderly manner. To
facilitate cross border trade and cross border capital flows,
exchange control law was required. Foreign exchange control led
to introduction of exchange control law through Defense of India
rules by the Britishers in 1939. Subsequently, Foreign Exchange
Regulation Act (FERA) was enacted in 1947 which was later
replaced with 'the Foreign Exchange Regulation Act, 1973' (FERA).
Government as part of its agenda of liberalisation of the Indian economy in 1991, permitted free
movement of foreign exchange in connection trade related receipts and payments as well as Foreign
Investment in various sectors. This increased the flow of foreign exchange to India and consequently
foreign exchange reserves increased substantially. The Act has been made effective from 1st June,
2000. This Act enables management of foreign exchange reserves for the country.
Salient Features of the Act: It provides for-
• Regulation of transactions between residents and non-residents
• Investments in India by non-residents and overseas investments by Indian residents
• Freely permissible transactions on current account subject to reasonable restrictions that may
be imposed
• RBI and Central Government control over capital account transactions
• Requirement for realisation of export proceeds and repatriation to India
• Dealing in foreign exchange through 'Authorised Persons' like Authorised Dealer/Money
Changer/Off-shore banking unit
• Adjudication and Compounding of Offences
• Investigation of offences by Directorate of Enforcement
• Appeal provisions including Special Director (Appeals) and Appellate Tribunal.
Enforcement of FEMA: Though RBI exercises overall control over foreign exchange transactions,
enforcement of FEMA has been entrusted to a separate 'Directorate of Enforcement' formed for this
purpose. [Section 36].

THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999 1.3
Broad Structure of FEMA

Now let us have a glance at the broad structure the Act. The Act consists of 7 Chapters dealing with
following areas:
Chapters Matters Sections

I Preliminary 1–2
II Regulation and Management of Foreign Exchange 3–9
III Authorised Person 10 – 12
IV Contravention and Penalties 13 – 15
V Adjudication and Appeal 16 – 35
VI Directorate of Enforcement 36 – 38
VII Miscellaneous 39 – 49
2. PREAMBLE, EXTENT, APPLICATION AND

COMMENCEMENT OF FEMA, 1999
(A) Preamble: This Act aims to consolidate and amend the law relating to foreign exchange with
the objective of —
(i) facilitating external trade and payments and
(ii) for promoting the orderly development and maintenance of foreign exchange market in India.
(B) Extent and Application [Sections 1]: FEMA, 1999 extends to the whole of India. In addition,
it shall also apply to all branches, offices and agencies outside India owned or controlled by a person
resident in India and also to any contravention thereunder committed outside India by any person to
whom this Act applies.
The scope of the Act has been extended to include branches, offices and agencies outside India.
The scope is thus wide enough because the emphasis is on the words “Owned or Controlled”.
Contravention of the FEMA committed outside India by a person to whom this Act applies will als o
be covered by FEMA.
(C) Commencement: The Act, 1999 came into force with effect from 1 stJune, 2000 vide
Notification G.S.R. 371(E), dated 1.5.2000.
3. DEFINITIONS [SECTION 2]
In this Act, unless the context otherwise requires:

(a) “Adjudicating Authority” means an officer authorised under sub-section (1) of section
16(1);[Section 2(a)]
(b) “Appellate Tribunal” means the Appellate Tribunal for Foreign Exchange established under
section 18; [Section 2(b)]
(c) “Authorised person” means an authorised dealer, money changer, off-shore banking unit or
any other person for the time being authorised under section 10(1) to deal in foreign exchange
or foreign securities; [Section 2(c)]
(d) “Capital Account Transaction” means a transaction, which alters the assets or liabilities,
including contingent liabilities, outside India of persons resident in India or assets or liability
in India of persons resident outside India, and includes transactions referred to in 1Section
6(3); [Section 2(e)]
(e) “Currency” includes all currency notes, postal notes, postal orders, money orders, cheques,
drafts, travelers cheques, letters of credit, bills of exchange and promissory notes, credit
cards or such other similar instruments, as may be notified by the Reserve Bank. [Section
2(h)]
(f) “Currency Notes” means and includes cash in the form of coins and bank notes; [Section 2(i)]
(g) “Current Account Transaction” means a transaction other than a capital account transaction
and without prejudice to the generality of the foregoing such transaction includes,
(i) payments due in connection with foreign trade, other current business, services, and
short-term banking and credit facilities in the ordinary course of business.
(ii) payments due as interest on loans and as net income from investments.
(iii) remittances for living expenses of parents, spouse and children residing abroad, and
(iv) expenses in connection with foreign travel, education and medical care of parents,
spouse and children; [Section 2(j)]
(h) “Export”, with its grammatical variations and cognate expressions means;
(i) the taking out of India to a place outside India any goods.
(ii) provision of services from India to any person outside India;[Section 2(l)]
(i) “Foreign Currency” means any currency other than Indian currency; [Section 2(m)]
(j) “Foreign Exchange” means foreign currency and includes:
(i) deposits, credits and balances payable in any foreign currency,
1 Section 6(3) has been deleted with effect from 15 th October 2019.

(ii) drafts, travelers cheques, letters of credit or bills of exchange, expressed or drawn in
Indian currency but payable in any foreign currency,
(iii) drafts, travelers cheques, letters of credit or bills of exchange drawn by banks,
institutions or persons outside India, but payable in Indian currency; [Section 2(n)]
(k) “Foreign Security” means any security, in the form of shares, stocks, bonds, debentures or
any other instrument denominated or expressed in foreign currency and includes securities
expressed in foreign currency, but where redemption or any form of return such as interest
or dividends is payable in Indian currency;[Section 2(o)]
(l) “Import”, with its grammatical variations and cognate expressions, means bringing into India
any goods or services; [Section 2(p)]
(m) “Person” includes:
(i) an individual,
(ii) a Hindu undivided family,
(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether incorporated or not,
(vi) every artificial juridical person, not falling within any of the preceding sub-clauses, and;
(vii) any agency, office or branch owned or controlled by such person;[Section 2(u)]
(n) “Person resident in India” means:
(i) a person residing in India for more than 182 days during the course of the preceding
financial year but does not include—
(A) a person who has gone out of India or who stays outside India, in either case—
(a) for or on taking up employment outside India, or
(b) for carrying on outside India a business or vocation outside India, or
(c) for any other purpose, in such circumstances as would indicate his
intention to stay outside India for an uncertain period;
(B) a person who has come to or stays in India, in either case, otherwise than:
(a) for or on taking up employment in India, or
(b) for carrying on in India a business or vocation in India, or
(c) for any other purpose, in such circumstances as would indicate his
intention to stay in India for an uncertain period;

(ii) any person or body corporate registered or incorporated in India,

(iii) an office, branch or agency in India owned or controlled by a person resident outside
India,
(iv) an office, branch or agency outside India owned or controlled by a person resident in
India; [Section 2(v)]
(o) “Person Resident Outside India” means a person who is not resident in India;[Section 2(w)]
(p) “Repatriate to India” means bringing into India the realised foreign exchange and
(i) the selling of such foreign exchange to an authorised person in India in exchange for
rupees, or
(ii) the holding of realised amount in an account with an authorised person in India to the
extent notified by the Reserve Bank.
It includes use of the realised amount for discharge of a debt or liability denominated in foreign
exchange and the expression “repatriation” shall be construed accordingly;[Section 2(y)]
(q) “Security” means shares, stocks, bonds and debentures, Government securities as defined
in the Public Debt Act, 1944, savings certificates to which the Government Saving Certificates
Act, 1959 applies, deposit receipts in respect of deposit of securities a nd units of the Unit
Trust of India established under sub-section (1) of section 3 of the Unit Trust of India Act,
1963 or of any mutual fund and includes certificates of title to securities, but does not include
bills of exchange or promissory notes other than Government promissory notes or any other
instruments which may be notified by the Reserve Bank as security for the purposes of this
Act; [Section 2(za)]
(r) “Service” means service of any description which is made available to potential users and
includes the provision of facilities in connection with banking, financing, insurance, medical
assistance, legal assistance, chit fund, real estate, transport, processing, supply of electrical
or other energy, boarding or lodging or both, entertainment, amusement or the purveying of
news or other information, but does not include the rendering of any service free of charge or
under a contract of personal service; [Section 2(zb)]
(s) “Transfer” includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form
of transfer of right, title, possession or lien. [Section 2(ze)]
4. RESIDENTIAL STATUS UNDER FEMA, 1999

The definition of “person” is similar to the definition contained in the Income-tax Act, 1961. The term
‘person’ includes entities such as companies, firms, individuals, HUF, Association of Persons
(AOP), artificial juridical persons agencies, as well as offices and branches. Agencies, offices and

branches do not have independent status separate from their owners. Yet these have been
considered as persons. Under FEMA such offices and branches are included in definition of Person
Resident in India. Therefore they have been included in the definition of “Person” .
The term ‘person resident in India’ means the following entities:
1. A person who resides in India for more than 182 days during the preceding financial
year;
The following persons are NOT persons resident, in India even though they may have resided in
India for more than 182 days.
A. A person who has gone out of India or stays outside India for any of the three purposes given
below,
B. A person who has come to or stays in India OTHERWISE THAN for any of the three purposes
given below;
Three Purposes
(i) For or on taking up Employment
(ii) For carrying on a business or Vacation
(iii) For any other purpose in such circumstances as would indicate stay for an uncertain
period.
Note: Please refer to the diagram 1.1 for a summary of the provisions relating to residential
status of Individuals under FEMA
A person who comes to India in a financial year, as a tourist or for other reasons where his
stay is for a period which is certain, will not be considered as resident even if his stay in India
is more than 182 days.
2. Any person or body corporate registered or incorporated in India;
3. An office, branch or agency in India owned or controlled by a person resident outside India;
4. An office, branch or agency outside India owned or controlled by a person reside nt in India.
Person resident outside India means a person who is not resident in India.

Diagram 1.1
As the definitions of Person Resident in India and Person Resident outside India are quite relevant
for determining the applicability of the Act on an entity, let us analyse and understand it better.

In the case of individuals, to be considered as “resident”, the person should have resided in India
in the preceding financial year for more than 182 days. Citizenship is not the criteria for
determining whether or not a person is resident in India.
There are three limbs in the definition. The first limb prescribes the number of days stay. Then there
are two limbs which are exceptions to the first limb.
First limb – It states that a person who is in India for more than 182 days in the “preceding year”
will be a Person Resident in India. Thus, at the threshold or basic level, one has to consider the
period of stay during the preceding year.
Example 4: If a person resides in India for more than 182 days during FY 2018-19, then for the FY
2019-20, the person will be an Indian resident. For FY 2018-19, one will have to consider residence
during FY 2017-18, and so on.
There are two exceptions provided in clauses (A) and (B). Clause (A) is for persons going out of
India. Clause (B) is for persons coming into India. Exceptions carve out situations that do not fall
under the main body of a section, even though they satisfy the criteria. This means that even if a
person is an Indian resident based on the test provided in the first limb, the person will be a “Person
Resident Outside India (PROI) if he falls within limb (A) or limb (B).
Clause (A) – second limb – It states that if a person leaves India in any of the THREE PURPOSES
we saw above, he will not be a PRII. He will be a PROI.
Thus, in the example given for the first limb above, if a person leaves India on 1 st November 2019,
he will be a non-resident from 2 nd November 2019 – even though his number of days in India was
more than 182 days in FY 2018-19. Similarly, if a person goes and stays out of India for carrying on
any business, he will be a PROI from that date. For FY 2019-20 the person will be a PRII till 1st
November 2019. He will then be a PROI. From 1st April 2020, the person will continue to be a PROI
as long as he stays out of India for employment.
An example for clause (iii) can be a person who has a green card in the USA. The green card
entitles a person to stay in the USA and eventually become a US citizen. If a person goes abroad
and starts staying in the USA, he will be a non-resident from that date as his stay abroad indicates
that he is going to stay there for an uncertain period.
Clause (B) – third limb – This is a complex clause as first limb read with third limb has two
exceptions. Limb one uses the phrase “but does not include”. Third limb uses the phrase “otherwise
than”. Use of two exceptions make it complex reading.
It states that if a person has come to India for any reason otherwise than for - employment,
business or circumstances which indicate his intention to stay for uncertain period – he will be a
non-resident. This will be so even if the person has stayed in India for more than 182 days in the
preceding year.
For example, if a person comes to India on 1 st June 2019 for visiting his parents. However, his
parents fall sick and he stays till 31 st March 2020. Thereafter he continues to stay in India. It is

however certain that he will leave India in next 6 months when his parents recover . His stay in India
is neither for employment, nor for business, nor for circumstances which show that he will stay in
India for an uncertain period. In such a case, even if he has resided in India for more than 182 days
in FY 2019-20, he will continue to be a non-resident from 1 st April 2020 also. In FY 2019-20, he is of
course a PROI as he did not reside in India for more than 182 in FY 2018-19.
If a person comes to India on 1st June 2019 for employment, business or circumstances which
indicate his intention to stay in India for an uncertain period, he will be a PRII from 1st June 2019.
Residential status is not for a year. It is from a particular date. This is different from income-tax law.
Under income-tax law, a person has to pay tax in respect of the income of the previous year.
Therefore, it is possible to look at a complete year for determining residential status under the
Income Tax Act, 1961. FEMA is a regulatory law. One has to know the person’s status at the time
of undertaking a transaction. If for example, a person comes to India for employment, and if his
status can be known only when the year is completed, how will he and other people enter into
commercial transactions with each other? If he is considered as a PROI till the year is over, then
people will not be able to enter into transactions with him. This is the reason why the residential
status is not for a year but from particular date.
It is understood that this condition applies only to individuals. It will not apply to HUF, AOP or artificial
juridical person as they cannot get employed, cannot go out of India or come to India. Hence, they
do not come within the ambit of the second and third limbs. These entities like HUF and AOP are
not required to be registered or incorporated like corporate entities nor the definition can b e far
stretched to cover by applying the criteria of ‘owned or controlled’. Hence legally the definition for
HUF, AOP, BOI fail. Practically if the HUF, AOP etc. are in India, they will be considered as Indian
residents.
Person or Body corporate: Any person or body corporate registered or incorporated in India, will
be considered a PRII. This definition too, does not apply to AOP, BOI etc.
Office, branch or agency: Any agency, branch or agency outside India but owned or controlled
by PRII will be considered as person resident in India (PRII). Thus, one cannot set up a branch
outside India and attempt to avoid FEMA provisions.
Any agency, branch or agency in India but owned or controlled by a person resident outside
India (PROI) will be considered as a person resident in India. This is relevant as Indian residents
can deal with such branch in India without considering FEMA. If such branch is considered as a
PROI then it will be difficult to undertake several transactions.
Example 5: Mr. A had resided in India during the financial year 2019-2020 for less than 182 days.
He had come to India again on April 1, 2020 for employment. Determine his residential status for
the financial year 2020-2021?
Answer: Mr. A had come to India for taking up employment. During the financial year 20 19-2020,
he was in India for less than 182 days. Since, he has not fulfilled the condition of staying in India for

more than 182 days, Mr. A will normally not be considered as a PRII for the financial year
2020-2021. But, in this case, as he has come to India on 1 stApril, 2020 for taking up employment he
will be covered by the second limb and therefore he is a PRII from 1st April 2020.
Example 6: Mr. X had resided in India during the financial year 2019-2020 for less than 182 days.
He had come to India on April 1, 2020 for carrying on business. He intends to leave the business on
April 30, 2021 and leave India on June 30, 2021. Determine his residential status for the financial
years 2020-2021 and 2021-2022 up to the date of his departure?
Answer: As explained in the above example, Mr. X will be considered as a person resident in India’
from 1st April 2020. As regards, financial year 2021-2022, Mr. X would continue to be an Indian
resident from 1 st April 2021.
If he leaves India for the purpose of taking up employment or for business/vocation outside India, or
for any other purpose as would indicate his intention to stay outside India for an uncertain period,
he would cease to be person resident in India from the date of his departure. It may be noted that
even if Mr. X is a foreign citizen, if he has not left India for any these purposes, he would be
considered, ‘person resident in India’ during the financial year 2021-2022. Thus, it is the purpose of
leaving India which will decide his status from 1 st July 2021.
Example 7: Mr. Z had resided in India during the financial year 2019-2020. He left India on 1st
August, 2020 for United States for pursuing higher studies for three years. What would be his
residential status during financial year 2020-2021 and during 2021-2022?
Answer: Mr. Z had resided in India during financial year 2019-2020 for more than 182 days. After
that he has gone to USA for higher studies. He has not gone out of, or stayed outside India for or on
taking up employment, or for carrying a business or for any other purpose, in circumstances as
would indicate his intention to stay outside India for an uncertain period. Accordingly, he would be
‘person resident in India’ during the financial year 2020-2021. RBI has however clarified in its AP
circular no. 45 dated 8 th December 2003, that students will be considered as non-residents. This is
because usually students start working there to take care of their stay and cost of studies.
For the financial year 2021-2022, he would not have been in India in the preceding financial year
(2020-2021) for a period exceeding 182 days. Accordingly, he would not be ‘person resident in India’
during the financial year 2021-2022.
Example 8: Toy Ltd. is a Japanese company having several business units all over the world. It
has a robotic unit with its head quarters in Mumbai and has a branch in Singapore. The Headquarters
at Mumbai controls the Singapore branch of the robotic unit. What would be the residential status of
the robotic unit in Mumbai and that of the Singapore branch?
Answer: Toy Ltd. being a Japanese company would be a person resident outside India. [Section
2(w)]. Section 2(u) defines ‘person’. Under clause (viii) thereof person would include any agency,
office or branch owned or controlled by such ‘person’. The term such ‘person’ appears to refer to a
person who is included in clauses (i) to (vi). Accordingly, robotic unit in Mumbai, being a branch of
a company, would be a ‘person’.

Section 2(v) defines ‘person resident in India’. Under clause (iii) thereof ‘person re sident in India’
would include an office, branch or agency in India owned or controlled by a person resident outside
India. Robotic unit in Mumbai is owned or controlled by a person ‘resident outside India’. Hence, it
would be ‘person resident in India’.
The robotic unit headquartered in Mumbai, which is a person resident in India as discussed above,
controls the Singapore branch, Hence, the Singapore branch is a ‘person resident in India’.
Example 9: Miss Alia is an airhostess with the British Airways. She flies for 12 days in a month
and thereafter takes a break for 18 days. During the break, she is accommodated in ‘base’, which is
normally the city where the Airline is headquartered. However, for security considerations, she was
based at Mumbai. During the financial year, she was accommodated at Mumbai for more than 182
days. What would be her residential status under FEMA?
Answer: Miss Alia stayed in India at Mumbai ‘base’ for more than 182 days in the preceding financial
year. She is however employed in UK. She has not come to India for employment, business or
circumstances which indicate her intention to stay for uncertain period. Under section 2(v)(B), such
persons are not considered as Indian residents even if their stay exceeds 182 days in the precedi ng
year. Thus, while Miss Alia may have stayed in India for more than 182 days, she cannot be
considered to be a Person Resident in India.
If however she has been employed in Mumbai branch of British Airways, then she will be considered
a Person Resident in India.
5. REGULATION AND MANAGEMENT OF FOREIGN

EXCHANGE
❖ Dealing in foreign exchange, etc. [Section 3]
No person shall-
(a) deal in or transfer any foreign exchange or foreign security to any person not being an
authorised person;
(b) make any payment to or for the credit of any person resident outside India in any manner;
(c) receive otherwise than through an authorised person, any payment by order or on behalf of
any person resident outside India in any manner.
Explanation—For the purpose of this clause, where any person in, or resident in, India
receives any payment by order or on behalf of any person resident outside India through any
other person (including an authorised person) without a corresponding inward remittance
from any place outside India, then, such person shall be deemed to have received such
payment otherwise than through an authorised person;

(d) enter into any financial transaction in India as consideration for or in association with
acquisition or creation or transfer of a right to acquire, any asset outside India by any person.
The above transactions may carried on
a. as otherwise provided in this Act; or
b. with the general or special permission of the Reserve Bank.
Explanation.— For the purpose of this clause, “financial transaction” means making any payment to,
or for the credit of any person, or receiving any payment for, by order or on behalf of any person, or
drawing, issuing or negotiating any bill of exchange or promissory note, or transferring any security
or acknowledging any debt.
This section imposes blanket restrictions on the specified transactions. This section applies to PRIIs
and PROIs. The purpose of this section is to regulate inflow and outflow of Foreign Exchange through
Authorised dealers and in a permitted manner.
Consider following examples:
(i) Example pertaining to clause (a)- Dealing in foreign exchange – A PROI comes to India
and would like to sell US$ 1,000 to his friend who is resident in India. The friend offers him a
rate better than the banks. This cannot be done as it would amount to dealing in foreign
exchange.
(ii) Example pertaining to clause (b) – A PROI has an insurance policy in India. He requests
his brother in India to pay the insurance premium. This will amount to payment for the credit
of non-resident. This is not permitted.
(iii) Example pertaining to clause (c)– A foreign tourist comes to India and he takes food at a
restaurant. He would like to pay US$ 20 in cash to the restaurant. The restaurant cannot
accept cash as it will be a receipt otherwise than through Authorised Person. The restaurant
will have to take a money changers license to accept foreign currency.
(iv) Example pertaining to clause (d)–Transactions covered by this sub-section are known as
Hawala transactions. An Indian resident gives Rs` 70,000 in cash to an Indian dealer. For
this transaction, the brother in Dubai will get US$ 1,000 from a Dubai dealer. The two dealers
may settle the transactions later. However, transaction is not permitted.
❖ Holding of foreign exchange [Section 4]
Except as provided in this Act, no person resident in India shall acquire, hold, own, possess or
transfer any foreign exchange, foreign security or any immovable property situated outside India.
This section prevents Indian residents to acquire, hold, own, possess or transfer any foreign
exchange, foreign security or immovable property abroad. Then through separate notifications,
acquisition of these assets has been permitted subject to certain conditions and compliance rules.

Example 10: If an Indian resident receives bank balance of US$ 10,000 from his uncle in London,
the Indian resident cannot hold on to the foreign funds. He is supposed to bring back the funds as
provided in section 8.
❖ Current account transactions [Section 5]
The term ‘Current Account Transaction’ is defined negatively by Section 2(j) of the Act. It means a
transaction other than a capital account transaction and includes the following types of transactions:
(i) Payments in the course of ordinary course of foreign trade, other services such as short -term
banking and credit facilities in the ordinary course of business etc.
(ii) Payments in the form of interest on loans or income from investments.
(iii) Remittances for living expenses of parents, spouse, or children living abroad
(iv) Expenses in connection with foreign travel, education etc.
Example 11: An Indian resident imports machinery from a vendor in UK for installing in his factory.
As per accounts and income-tax law, machinery is a “capital expenditure”. However, under FEMA,
it does not alter (create) an asset in India for the UK vendor. It does not create any liability to a UK
vendor for the Indian importer. Once the payment is made, the Indian resident or the UK vendor
neither owns nor is owed anything in the other country. Hence it is a Current Account Transaction.
Example 12: An Indian resident imports machinery from a vendor in UK for installing in his factory
on a credit period of 3 months. As per accounts and income-tax law, for the credit period of 3 months,
there is a liability of the Indian importer to the UK vendor. Technically under FEMA also, it is a liability
outside India. However, under definition of Current Account Transaction [S. 2(j)(i)], “short -term
banking and credit facilities in the ordinary course of business” are considered as a Current Account
Transaction. Hence import of machinery on credit terms is Current Account Transaction.
What if the credit period is 12 months? Under Master Directions for imports, payment has to be made
within 6 months. If the credit period is in excess of 6 months, then it is a loan. There are separa te
rules for loan. If the transaction falls within the loan rules, then it is permitted. Short term loan by
and large means for 6 months. For exports, the period for realisation of proceeds, is 9 months.
Example 13: A Person Resident in India transfers US$ 1,000 to his NRI brother in New York as
“gift”. The funds are sent from the PRII’s Indian bank account to the NRI brother’s bank account in
New York. Under accounts and income-tax law, gift is a “capital receipt”. However, under FEMA,
once the gift is accepted by the NRI, no one owns or owes anything to anyone in India or USA. The
transaction is over. Hence it is a Current Account Transaction.
If gift is a current account transaction, why is there a restriction under Current Account regulations?
It is because while there is no restriction on Current Account transactions, some reasonable
restrictions can be imposed. Otherwise people may transfer funds abroad under the garb of current
account transactions.

If however the PRII gives a PROI a gift in India in Indian currency, for the PROI it will result in funds
lying in India (alteration of Indian asset). For PRII, there is no creation of asset or a liability. As this
transaction creates an asset in India for the PROI, it is a Capital Account transaction. (Unde r
separate rules, giving a gift in India to an NRI is permitted subject to certain rules.)
In a similar manner, if a PROI gives a gift to an PRII by remitting funds in India, there is no restriction.
However, if the PROI gives the funds abroad, the resident cannot keep it abroad. He has to bring it
to India.
Any person may sell or draw foreign exchange to or from an authorised person if such sale or drawal
is a current account transaction.
The Central Government may, in public interest and in consultation with the Reserve Bank, impose
such reasonable restrictions for current account transactions as prescribed under the FEM
(Current Account Transactions) Rules, 2000.
The general rule to be understood is that Current Account transactions are freely permitted unless
specifically prohibited and Capital Account transactions are prohibited unless specifically or
generally permitted.
Section 5 of the Act permits any person to sell or draw Foreign Exchange to or from an Authorised
person to undertake any current account transaction. The Central Government has the power to
impose reasonable restrictions, in consultation with the RBI and in public interest on current account
transactions. The Central Government has in exercise of this power issued the Foreign Exchang e
Management (Current Account Transactions) Rules, 2000.
Let us now see the various schedules to the Rules that lay down the restrictions:
I. SCHEDULE I
2 Transactions for which drawal of foreign exchange is prohibited:
(i) Remittance out of lottery winnings.
(ii) Remittance of income from racing/riding, etc., or any other hobby.
(iii) Remittance for purchase of lottery tickets, banned/prescribed magazines, football pools,
sweepstakes etc.
(iv) Payment of commission on exports made towards equity investment in Joint Ventures/Wholly
Owned Subsidiaries abroad of Indian companies.
(v) Remittance of dividend by any company to which the requirement of dividend ba lancing is
applicable.
2Schedule I (Transactions which are prohibited)-Foreign Exchange Management (Current Account

Transactions) Rules, 2000 as amended from time to time.

(vi) Payment of commission on exports under Rupee State Credit Route, except commission up
to 10% of invoice value of exports of tea and tobacco.
(vii) Payment related to “Call Back Services” of telephones.
(viii) Remittance of interest income on funds held in Non-resident Special Rupee Scheme a/c.
II. SCHEDULE II
3Transactions, which require prior approval of the Government of India for drawal of foreign
exchange:
Purpose of Remittance Ministry/Department of Govt. of India

whose approval is required
Cultural Tours Ministry of Human Resources Development
(Department of Education and Culture)
Advertisement in foreign print media for the Ministry of Finance, Department of Economic
purposes other than promotion of tourism, Affairs
foreign investments and international bidding
(exceeding US$ 10,000) by a State
Government and its Public Sector
Undertakings.
Remittance of freight of vessel charted by a Ministry of Surface Transport (Chartering
PSU Wing)
Payment of import through ocean transport by Ministry of Surface Transport (Chartering
a Govt. Department or a PSU on c.i.f. basis Wing)
(i.e., other than f.o.b. and f.a.s. basis)
Multi-modal transport operators making Registration Certificate from the Director
remittance to their agents abroad General of Shipping
Remittance of hiring charges of transponders Ministry of Information and Broadcasting
by Ministry of Communication and Information
(a) TV Channels Technology.
(b) Internet service providers
Remittance of container detention charges Ministry of Surface Transport (Director
exceeding the rate prescribed by Director General of Shipping)
General of Shipping
3Schedule
II (Transactions which require prior approval of the Central Government)- Foreign Exchange
Management (Current Account Transactions) Rules, 2000 as amended from time to time

Remittance of prize money/sponsorship of Ministry of Human Resource Development

sports activity abroad by a person other than (Department of Youth Affairs and Sports)
International/National/State Level sports
bodies, if the amount involved exceeds US $
100,000
Remittance for membership of P & I Club Ministry of Finance (Insurance Division)
4Transactions which require RBI’s prior approval for drawal of foreign exchange:
SCHEDULE III
1. Facilities for individuals—Individuals can avail of foreign exchange facility for the
following purposes within the limit of USD 250,000 only.:
(i) Private visits to any country (except Nepal and Bhutan)
(ii) Gift or donation.
(iii) Going abroad for employment
(iv) Emigration
(v) Maintenance of close relatives abroad
(vi) Travel for business, or attending a conference or specialised training or for meeting
expenses for meeting medical expenses, or check-up abroad, or for accompanying as
attendant to a patient going abroad for medical treatment/ check -up.
(vii) Expenses in connection with medical treatment abroad
(viii) Studies abroad
(ix) Any other current account transaction
Any additional remittance in excess of the said limit for the said purposes shall require prior
approval of the Reserve Bank of India.
However, for the purposes mentioned at item numbers (iv), (vii) and (viii) above, the individual
may avail of exchange facility for an amount in excess of the limit prescribed under the
Liberalised Remittance Scheme as provided in regulation 4 to FEMA Notification 1/2000-RB,
dated the 3rd May, 2000 (here in after referred to as the said Liberalised Remittance Scheme)
if it is so required by a country of emigration, medical institute offering treatment or the
university, respectively:
Further, if an individual remits any amount under the said Liberalised Remittance Scheme in
a financial year, then the applicable limit for such individual would be reduced from USD
250,000 (US Dollars Two Hundred and Fifty Thousand Only) by the amount so remitted:
4 Schedule III- Notification no G.S.R. 426(E) dated 26th May 2015

Further, that for a person who is resident but not permanently resident in India and -
(a) is a citizen of a foreign State other than Pakistan; or
(b) is a citizen of India, who is on deputation to the office or branch of a foreign company
or subsidiary or joint venture in India of such foreign company,
may make remittance up to his net salary (after deduction of taxes, contribution to provident
fund and other deductions).
Explanation: For the purpose of this item, a person resident in India on account of his
employment or deputation of a specified duration (irrespective of length thereof) or for a
specific job or assignments, the duration of which does not exceed three years, is a resident
but not permanently resident:
Further, a person other than an individual may also avail of foreign exchange facility, mutatis
mutandis, within the limit prescribed under the said Liberalised Remittance Scheme for the
purposes mentioned herein above.
2. Facilities for persons other than individual—The following remittances by persons
other than individuals shall require prior approval of the Reserve Bank of India :
(i) Donations exceeding one per cent. of their foreign exchange earnings during the
previous three financial years or USD 5,000,000, whichever is less, for-
a. creation of Chairs in reputed educational institutes,
b. contribution to funds (not being an investment fund) promoted by educational
institutes; and
c. contribution to a technical institution or body or association in the field of activity
of the donor Company.
(ii) Commission, per transaction, to agents abroad for sale of residential flats or
commercial plots in India exceeding USD 25,000 or five percent of the inward
remittance whichever is more.
(iii) Remittances exceeding USD 10,000,000 per project for any consultancy services in
respect of infrastructure projects and USD 1,000,000 per project, for other consultancy
services procured from outside India.
Explanation—For the purposes of this sub-paragraph, the expression “infrastructure’
shall mean as defined in explanation to para 1(iv)(A)(a) of Schedule I of FEMA
Notification 3/2000-RB, dated the May 3, 2000.
(iv) Remittances exceeding five per cent of investment brought into India or USD 100,000
whichever is higher, by an entity in India by way of reimbursement of pre-incorporation
expenses.

3. Procedure—The procedure for drawal or remittance of any foreign exchange under this
schedule shall be the same as applicable for remitting any amount under the said Liberalised
Remittance Scheme.
If the transaction is not listed in any of the above three schedules, it can be freely
undertaken.
Exemption for remittance from RFC Account – No approval is required where any
remittance has to be made for the transactions listed in Schedule II and Schedule III above
from an RFC account.
Exemption for remittance from EEFC Account – If any remittance has to be made for the
transactions listed in Schedule II and Schedule III above from EEFC account, then also no
approval is required. However, if payment has to be made for the following transactions,
approval is required even if payment is from EEFC account:
- Remittance for membership of P & I Club.
- Commission, per transaction, to agents abroad for sale of residential flats or
commercial plots in India exceeding USD 25,000 or five per cent of the inward
remittance whichever is more. Remittances exceeding five per cent of investment
brought into India or USD 100,000 whichever is higher, by an entity in India by way of
reimbursement of pre-incorporation expenses.
Exemption for payment by International Credit Card while on a visit abroad – If a person
is on a visit abroad, he can incur expenditure stated in Schedule III if he incurs it through
International credit card.
Note: Liberalised Remittance Scheme (LRS): Under the Liberalised Remittance Scheme (LRS), all
resident individuals, including minors, are allowed to freely remit up to USD 250,000 per financial
year (April – March) for any permissible current or capital account transaction or a combination of
both. This is inclusive of foreign exchange facility for the purposes mentioned in Para 1 of Schedule
III of Foreign Exchange Management (CAT) Amendment Rules 2015, dated May 26, 2015.
In case of remitter being a minor, the LRS declaration form must be countersigned by the minor’s
natural guardian. The Scheme is not available to corporates, partnership firms, HUF, Trus ts etc.
Import of Goods and Services: Import of Goods and Services into India is being allowed in terms
of Section 5 of the Foreign Exchange Management Act 1999, read with Notification No. G.S.R.
381(E) dated May 3, 2000 viz. Foreign Exchange Management (Current Account Transaction) Rules,
2000. There is no specific notification for imports. It is regulated by Master Direction No. 17 updated
from time to time.
As per the section I of the Master Direction 17, Import trade is regulated by the Directorate General
of Foreign Trade (DGFT) under the Ministry of Commerce & Industry, Department of Commerce,
Government of India. Authorised Dealer Category – I banks should ensure that the imports into India
are in conformity with the Foreign Trade Policy in force and Foreign Exchange Management (Current

Account Transactions) Rules, 2000 and the Directions issued by Reserve Bank under Foreign
Exchange Management Act, 1999 from time to time.
General Guidelines for Imports : These General Guidelines deals with the imports relating to
foreign exchange transactions.
(1) General Guidelines: Rules and regulations to be followed by the Authorised Dealer (AD)
from the foreign exchange angle while undertaking import payment transactions on behalf of their
clients are given in this para of the Section II of the Master direction. Where specific regulations do
not exist, AD may be governed by normal trade practices and it may particularly adhere to "Know
Your Customer" (KYC) guidelines (issued by Reserve Bank) in all their dealings.
(2) Remittances for Import Payments: AD may allow remittance for making payments for
imports into India, after ensuring that all the requisite details are made available by the importer and
the remittance is for bona fide trade transactions as per applicable laws in force.
(3) Obligation of Purchaser of Foreign Exchange: Following are the obligations to be complied
with by the purchaser:
(i) Utilization of acquired Foreign Exchange for the said purpose: In terms of Section 10(6)
of the Foreign Exchange Management Act, 1999 (FEMA), any person acquiring foreign
exchange is permitted to use it either for the purpose mentioned in the declaration m ade by
him to an Authorised Person or for any other purpose for which acquisition of foreign
exchange is permissible under the said Act or Rules or Regulations framed there under.
(ii) Evidence of import: Where foreign exchange acquired has been utilised for import of goods
into India, the AD should ensure that the importer furnishes evidence of import viz., as in
IDPMS, Postal Appraisal Form or Customs Assessment Certificate, etc., and satisfy himself
that goods equivalent to the value of remittance have been imported. AD should ensure that
all import remittances outstanding on the notified date of IDPMS are uploaded in IDPMS
(Import Data Processing and Monitoring System).
(iii) Mode of payment: A person resident in India may make payment for import of goods in
foreign exchange through-
• an international card held by him/in rupees from international credit card/ debit card
through the credit/debit card servicing bank in India against the charge slip signed by
the importer, or
• as prescribed by Reserve Bank from time to time,
provided that the transaction is in conformity with the extant provisions and the import is in
conformity with the Foreign Trade Policy in force.
In essence, payment has to be made through banking channels.

(iv) Other modes: For following transactions, a person resident in India may also make payment
as under :
(a) In rupees towards meeting expenses on account of boarding, lodging and services
related thereto or travel to and from and within India of a person resident outside India
who is on a visit to India;
(b) By means of a crossed cheque or a draft as consideration for purchase of gold or
silver in any form imported by such person in accordance with the terms and conditions
imposed under any order issued by the Central Government under the Foreign Trade
(Development and Regulations) Act, 1992 or under any other law, rules or regulations
for the time being in force;
(c) A company or resident in India may make payment in rupees to its non-whole time
director who is resident outside India and is on a visit to India for the company’s work
and is entitled to payment of sitting fees or commission or remuneration, and travel
expenses to and from and within India, in accordance with the provisions contained in
the company’s Memorandum of Association or Articles of Association or in any
agreement entered into it or in any resolution passed by the company in general
meeting or by its Board of Directors. This is also subject to compliance with
requirement of any law, rules, regulations, directions applicable for making such
payments..
(4) Time Limit for Settlement of Import Payments:
(i) Time limit for Normal Imports:
(a) In terms of the extant regulations, remittances against imports should be
completed not later than six months from the date of shipment, except in cases
where amounts are withheld towards guarantee of performance, etc.
(b) AD may permit settlement of import dues delayed due to disputes, financial
difficulties, etc. However, interest if any, on such delayed payments, usance
bills (a bill of exchange which allows the drawee to have period of credit or
term) or overdue interest is payable only for a period of up to three years from
the date of shipment at the rate prescribed for trade credit from time to time.
(ii) Time Limit for Deferred Payment Arrangements: Deferred payment arrangements
(including suppliers’ and buyers’ credit) upto five years, are treated as trade credits for
which the procedural guidelines as laid down in the Master Circular for External
Commercial Borrowings and Trade Credits may be followed.
(5) Extension of Time:
(i) limit of extension: AD Category – I banks can consider granting extension of time for
settlement of import dues up to a period of six months at a time (maximum up to the
period of three years) irrespective of the invoice value for delays on account of

disputes about quantity or quality or non-fulfilment of terms of contract; financial

difficulties and cases where importer has filed suit against the seller. In cases where
sector specific guidelines have been issued by Reserve Bank of India for extension of
time (i.e. rough, cut and polished diamonds), the same will be applicable.
(ii) Circumstances: While granting extension of time, AD must ensure that:
a. The import transactions covered by the invoices are not under
investigation by Directorate of Enforcement / Central Bureau of Investigation
or other investigating agencies;
b. While considering extension beyond one year from the date of remittance, the
total outstanding of the importer does not exceed USD one million or 10
per cent of the average import remittances during the preceding two financial
years, whichever is lower; and
c. Where extension of time has been granted by the AD, the date up to which
extension has been granted may be indicated in the ‘Remarks’ column.
(iii) In exceptional cases: Cases not covered by the above instructions / beyond the
above limits, may be referred to the concerned Regional Office of Reserve Bank of
India.
(iv) Noting of the extension: The above extension period shall be reported in IDPMS as
per message “Bill of Entry Extension” and the date up to which extension is granted
will be indicated in “Extension Date” column.
(6) Import of Foreign Exchange / Indian Rupees:
(i) Except as otherwise provided in the Regulations, no person shall, with out the general
or special permission of the Reserve Bank, import or bring into India, any foreign
currency. Import of foreign currency, including cheques, is governed by Section 6 (3)(g)
of the Foreign Exchange Management Act, 1999, and the Foreign Exchange
Management (Export and Import of Currency) Regulations 2000.
(ii) Reserve Bank may allow a person to bring into India currency notes of Government of
India and / or of Reserve Bank subject to such terms and conditions as the Reserve
Bank may stipulate.
(7) Import of Foreign Exchange into India: A person may–
(i) Send into India, without limit, foreign exchange in any form (other than currency
notes, bank notes and travelers cheques);
(ii) Bring into India from any place outside India, without limit, foreign exchange (other
than unissued notes), subject to the condition that such person makes, on arrival in

India, a declaration to the Custom Authorities at the Airport in the Currency Declaration
Form (CDF) annexed to these Regulations;
Provided further that it shall not be necessary to make such declaration where the aggregate
value of the foreign exchange in the form of currency notes, bank notes or travelers cheques
brought in by such person at any one time does not exceed USD 10,000 (US Dollars ten
thousand) or its equivalent and/or the aggregate value of foreign currency notes (cash
portion) alone brought in by such person at any one time does not exceed USD 5,000 (US
Dollars five thousand) or its equivalent.
(8) Import of Indian Currency and Currency Notes
(i) Any person resident in India who had gone out of India on a temporary visit, may bring
into India at the time of his return from any place outside India (other than from Nepal
and Bhutan), currency notes of Government of India and Reserve Bank of India notes
up to an amount not exceeding ` 25,000 (Rupees twenty five thousand only).
(ii) A person may bring into India from Nepal or Bhutan, currency notes of Government
of India and Reserve Bank of India for any amount in denominations up to `100/-.
(9) Issue of Guarantees by an Authorised Dealer:
(i) An authorised dealer may give a guarantee in respect of any debt, obligation or other
liability incurred by a person resident in India and owed to a person resident outside
India, as an importer, in respect of import on deferred payment terms in accordance
with the approval by the Reserve Bank of India for import on such terms.
(ii) An authorised dealer may give guarantee, Letter of Undertaking or Letter of Comfort
in respect of any debt, obligation or other liability incurred by a person resident in India
and owned to a person resident outside India (being an overseas supplier of goods,
bank or a financial institution), for import of goods, as permitted under the Foreign
Trade Policy announced by Government of India from time to time and subject to such
terms and conditions as may be specified by Reserve Bank of India from time to time.
(iii) An authorised dealer may, in the ordinary course of his business, give a guarantee
in favour of a non-resident service provider, on behalf of a resident customer who is a
service importer, subject to such terms and conditions as stipulated by Reserve Bank
of India from time to time:
Limit of providing guarantee:
Service importer Amount of guarantee

Where a service importer is other than a no guarantee for an amount
Public Sector Company or a Department / exceeding USD 500,000 or its
Undertaking of the Government of India / equivalent shall be issued
State Government:

Where the service importer is a Public Sector no guarantee for an amount

Company or a Department / Undertaking of exceeding USD 100,000 or its
the Government of India / State Government equivalent shall be issued without
the prior approval of the Ministry
of Finance, Government of India.
(iv) An authorised dealer may, subject to the directions issued by the Reserve Bank of
India in this behalf, permit a person resident in India to issue corporate guarantee in
favour of an overseas lessor for financing import through operating lease effected
in conformity with the Foreign Trade Policy in force and under the provisions of the
Foreign exchange Management (Current Account Transactions) Rules, 2000,and the
Directions issued by Reserve Bank of India under Foreign Exchange Management Act,
1999 from time to time.
❖ Capital account transactions [Section 6]
The definitions of “Capital Account Transactions” and its opposite “current ac count transactions are
contained in clauses (e) and (j) of Section 2. The regulations under FEMA apply to a transaction
based on whether the transaction is “Capital Account Transaction” or a “Current Account
Transaction”. These transactions broadly outline the basics and whole approach of the Act. Basically
these two transactions have to be understood as being similar to the concepts of items relating to
the profit and loss account or revenue items (with respect to current account transactions) and of
Balance Sheet or capital items (with respect to capital account transactions).
Capital Account Transactions means “A transaction which alters the assets or liabilities including
contingent liabilities outside India of persons resident in India or assets or lia bilities in India of
persons resident outside India would be a capital account transaction.”

Capital Accounts Transaction in India can be carried out only to the extent permitted because Indian
Rupee is not yet fully convertible. Capital and current account transactions are intended to be
mutually exclusive. A transaction which alters the asset or liabilities in India of non -residents falls
under the category of capital account. However, as far as residents are concerned transactions
which alter the contingent liabilities outside India are also capital account transactions. The Reserve
Bank of India may by regulations place restrictions on various specified capital account transactions.
In simple terms, cross border transactions pertaining to investments, loans, immovable property,
transfer of assets are Capital Account Transactions.
(1) Subject to the provisions of sub-section (2), any person may sell or draw foreign exchange to
or from an authorised person for a capital account transaction.
(2) Reserve Bank had the power to specify the Capital Account transactions which are permitted
and the relevant limits, terms and conditions. By Finance Act 2015, powers for regulation of
Capital Account Transactions for Non-debt instruments were transferred to Central
Government. RBI continued to have powers to regulate debt instruments. The amendments
have however been made effective from 15 th October 2019. Now the regulations are as under:
The Reserve Bank may, in consultation with the Central Government, specify:
(a) any class or classes of capital account transactions, 5involving debt instruments, which
are permissible;
(b) the limit up to which foreign exchange shall be admissible for such transactions;
6 [(c) any conditions which may be placed on such transactions;]
7[Provided that the Reserve Bank or the Central Government shall not impose any restrictions
on the drawal of foreign exchange for payment due on account of amortisation of loans or for
depreciation of direct investments in the ordinary course of business.]
RBI has issued notification for Debt instruments specifying the terms and conditions. These
regulations for foreign investment in debt instruments. For investment by Indian residents
outside India, RBI continues to have power to regulate the transactions for equity and debt.
8 [(2A) The Central Government may, in consultation with the Reserve Bank, prescribe— (a) any
class or classes of capital account transactions, not involving debt instruments, which are
permissible; (b) the limit up to which foreign exchange shall be admissible for such
transactions; and (c) any conditions which may be placed on such transactions.]
5 Amended w.e.f. 15-10-2019

6 Amended w.e.f. 15-10-2019
7 Amended w.e.f. 15.10.2019
8 Ins. w.e.f. 15-10-2019).

Central Government has issued notification for Non-debt instruments specifying the terms
and conditions. RBI has issued notification for mode of payment and reporting of Non-debt
instruments.
9 (3) Before 15 th October 2019, S. 6(3) specified a list of capital account transactions which could
be regulated by RBI [apart from the general powers which it had under S. 6(2)]. This list has
now been deleted from 15 th October 2019.
(4) A person resident in India may hold, own, transfer or invest in foreign currency, foreign
security or any immovable property situated outside India if such currency, security or
property was acquired, held or owned by such person when he was resident outside India or
inherited from a person who was resident outside India.
The RBI vide A.P. (DIR Series) Circular No. 90 dated 9 thJanuary, 2014 has issued a
clarification on section 6(4) of the Act. This circular clarifies that section 6(4) of the Act covers
the following transactions:
(i) Foreign currency accounts opened and maintained by such a person when he was
resident outside India;
(ii) Income earned through employment or business or vocation outside India taken up or
commenced which such person was resident outside India, or from investments made
while such person was resident outside India, or from gift or inheritance received while
such a person was resident outside India;
(iii) Foreign exchange including any income arising therefrom, and conversion or
replacement or accrual to the same, held outside India by a person resident in India
acquired by way of inheritance from a person resident outside India.
(iv) A person resident in India may freely utilize all their eligible assets abroad as well as
income on such assets or sale proceeds thereof received after their return to India for
making any payments or to make any fresh investments abroad without approval of
Reserve Bank, provided the cost of such investments and/or any subsequent
payments received therefor are met exclusively out of funds forming part of eligible
assets held by them and the transactions is not in contravention to extant FEMA
provisions.
(5) A person resident outside India may hold, own, transfer or invest in Indian currency, security
or any immovable property situated in India if such currency, security or property was
acquired, held or owned by a such person when he was resident in India or inherited from a
person who was resident in India.
9Sub-section (3) omitted w.e.f. 15-10-2019

(6) Without prejudice to the provisions of this section, the Reserve Bank may, by regulation,
prohibit, restrict, or regulate establishment in India of a branch, office or other place of
business by a person resident outside India, for carrying on any activity relating to such
branch, office or other place of business.
Capital Account Transactions [Sec. 6(5) & (6)]
PRII
PRII
[(7) For the purposes of this section, the term “debt instruments” shall mean, such instruments as
10
may be determined by the Central Government in consultation with the Reserve Bank.]
A capital account transaction as stated earlier is a transaction, which alters the assets or liabilities,
including contingent liabilities, outside India of persons resident in India or persons resident outside
India. The section gives a liberty by providing that any person may sell or draw foreign exchange to
or from an authorised person for capital account transactions. However, the liberty to do so is subject
to the provisions of sub-section (2) and (2A), which states that the Reserve Bank and the Central
Government may specify class or classes of capital account transactions, which are permissible limit
upto, which the foreign exchange shall be admissible for such transactions and the conditions which
may be placed on such transactions.
Capital account transaction is basically split into the following categories under Foreign Exchange
Management (Permissible capital account transactions) Regulations, 2000 11 -:
(I) transaction, which are permissible in respect of persons resident in India and outside India.
10Inserted .w.e.f. 15-10-2019

11Notification No. FEMA 1 /2000-RB dated 3rd May 2000

(II) transaction on which restrictions cannot be imposed; and

(III) transactions, which are prohibited.
I. Permissible Transactions
Under Sub-section (2) of Section 6, the RBI has issued the Foreign Exchange Management
(Permissible Capital Account Transactions) Regulations, 2000. The Regulations specify the list of
transaction, which are permissible in respect of persons resident in India in Schedule -I and the
classes of capital account transactions of persons resident outside India in Schedule -II.
Further, subject to the provisions of the Act or the rules or regulations or direction or orders made
or issued thereunder, any person may sell or draw foreign exchange to or from an authorised person
for a capital account transaction specified in the Schedules; provided that the transaction is within
the limit, if any, specified in the regulations relevant to the transaction.
SCHEDULE I
The list of permissible classes of transactions made by persons resident in India is:
(a) Investment by a person resident in India in foreign securities.
(b) Foreign currency loans raised in India and abroad by a person resident in India.
(c) Transfer of immovable property outside India by a person resident in India.
(d) Guarantees issued by a person resident in India in favour of a person resident outside India.
(e) Export, import and holding of currency/currency notes.
(f) Loans and overdrafts (borrowings) by a person resident in India from a person resident
outside India.
(g) Maintenance of foreign currency accounts in India and outside India by a person resident in
India.
(h) Taking out of insurance policy by a person resident in India from an insurance company
outside India.
(i) Loans and overdrafts by a person resident in India to a person resident outside India.
(j) Remittance outside India of capital assets of a person resident in India.
12 (k) Undertake derivative contracts
12Substituted by Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment)

Regulations, 2019, w.e.f.26-2-2019. Prior to its substitution clause (k) read as under:
"(k), Sale and purchase of foreign exchange derivatives in India and abroad and commodity derivatives abroad
by a person resident in India."

SCHEDULE II
The list of permissible classes of transactions made by persons resident outside India is:
(a) Investment in India by a person resident outside India, that is to say,
(i) issue of security by a body corporate or an entity in India and investment therein by a
person resident outside India; and
(ii) investment by way of contribution by a person resident outside India to the capital o f
a firm or a proprietorship concern or an association of a person in India.
(b) Acquisition and transfer of immovable property in India by a person resident outside India.
(c) Guarantee by a person resident outside India in favour of, or on behalf of, a p erson resident
in India.
(d) Import and export of currency/currency notes into/from India by a person resident outside
India.
(e) Deposits between a person resident in India and a person resident outside India.
(f) Foreign currency accounts in India of a person resident outside India.
(g) Remittance outside India of capital assets in India of a person resident outside India.
13 (h) Undertake derivative contracts
Transactions with no restriction
They are:
(1) For amortisation of loan and
(2) For depreciation of direct investments in ordinary course of business.
Also, restrictions cannot be imposed when drawal is of the purpose of repayments of loan
installments.
Prohibited Transactions
On certain transactions, the Reserve Bank of India imposes prohibition.
(a) no person shall undertake or sell or draw foreign exchange to or from an authorised person
for any capital account transaction,
13Insertedby Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment)

Regulations, 2019, w.e.f. 26-2-2019.

14provided that-
(i) subject to the provisions of the Act or the rules or regulations or directions or orders
made or issued thereunder, a resident individual may, draw from an authorized person
foreign exchange not exceeding USD 250,000 per financial year or such amount as
decided by Reserve Bank from time to time for a capital account transaction specified
in Schedule I.
Explanation: Drawal of foreign exchange as per item number 1 of Schedule III to
Foreign Exchange Management (Current Account Transactions) Rules, 2000 dated
3rd May 2000 as amended from time to time, shall be subsumed within the limit under
proviso (a) above.
(ii) Where the drawal of foreign exchange by a resident individual for any capital account
transaction specified in Schedule I exceeds USD 250,000 per financial year, or as
decided by Reserve Bank from time to time as the case may be, the limit specified in
the regulations relevant to the transaction shall apply with respect to such drawal.
Provided further that no part of the foreign exchange of USD 250,000, drawn under proviso
(a) shall be used for remittance directly or indirectly to countries notified as non-co-operative
countries and territories by Financial Action Task Force (FATF) from time to time and
communicated by the Reserve Bank of India to all concerned.
(b) The person resident outside India is prohibited from making investments in India in any form,
in any company, or partnership firm or proprietary concern or any entity whether incorporated
or not which is engaged or proposes to engage:
(i) In the business of chit fund; 15[Registrar of Chits or an officer authorised by the state
government in this behalf, may, in consultation with the State Government concerned,
permit any chit fund to accept subscription from Non-resident Indians. Non- resident
Indians shall be eligible to subscribe, through banking channel and on non- repatriation
basis, to such chit funds, without limit subject to the conditions stipulated by the
Reserve Bank of India from time to time]
(ii) As Nidhi company;
14The Foreign Exchange Management (Permissible Capital Account Transactions) (Third Amendment)
Regulations, 2015 vide Notification No. FEMA. 341/2015-RB dated May 26, 2015 substituted the existing
proviso contained in Regulation 4 sub-regulation (a) of the Foreign Exchange Management (Permissible
Capital Account Transactions) Regulations, 2000 with the above provisos in the principal regulations.
15Vide Notification No. FEMA. 337/2015-RB dated 2ndMarch, 2015, the Reserve Bank of India, in consultation
with the Central Government through the Foreign Exchange Management (Permissible Capital Account
Transactions) (Second Amendment) Regulations, 2015 added a explanation with respect to the business of
chit fund.

(iii) In agricultural or plantation activities;

(iv) In real estate business, or construction of farm houses or
Explanation: In “real estate business” the term shall not include development of
townships, construction of residential /commercial premises, roads or bridges and
Real Estate Investment Trusts (REITs) registered and regulated under the SEBI
(REITs) Regulations 2014.; or
(v) In trading in Transferable Development Rights (TDRs).
16 [(c) No person resident in India shall undertake any capital account transaction which is not
permissible in terms of Order S.O. 1549(E) dated April 21, 2017, as amended from time to
time, of the Government of India, Ministry of External Affairs, with any person who is, a citizen
of or a resident of Democratic People’s Republic of Korea, or an entity incorporated or
otherwise, in Democratic People’s Republic of Korea, until further orders, unless there is
specific approval from the Central Government to carry on any transaction.
(d) The existing investment transactions, with any person who is, a citizen of or resident of
Democratic People’s Republic of Korea, or an entity incorporated or otherwise in Democratic
People’s Republic of Korea, or any existing representative office or other assets possessed
in Democratic People’s Republic of Korea, by a person resident in India, which is not
permissible in terms of Order S.O. 1549(E) dated April 21, 2017, as amended from time to
time, of the Government of India, Ministry of External Affairs shall be closed/
liquidated/disposed/settled within a period of 180 days from the date of issue of this
Notification, unless there is specific approval from the Central Government to continue
beyond that period.”]
Thus, a capital account transaction is permitted only if it is specifically permitted under the
regulations. If the transaction is not stated as generally permitted, a prior specific approval
is required.
Repatriation of sale proceeds
A person referred to in sub-section (5) of section 6 of the Act, or his successor shall not, except with
the prior permission of the Reserve Bank, repatriate outside India the sale proceeds of any
immovable property referred to in that sub-section.
In the event of sale of immovable property other than agricultural land/farm house/plantation property
in India by a person resident outside India who is a citizen of India or a person of Indian origin, the
authorised dealer may allow repatriation of the sale proceeds outside India, provided the following
conditions are satisfied, namely :
(i) the immovable property was acquired by the seller in accordance with the provisions of the
16Vide Foreign Exchange Management (Permissible Capital Account Transaction) (First Amendment)
Regulations, 2019 w.e.f. 7th March, 2019

foreign exchange law in force at the time of acquisition by him or the provisions of these
Regulations;
(ii) the amount to be repatriated does not exceed (a) the amount paid for acquisition of the
immovable property in foreign exchange received through normal banking channels or out of
funds held in Foreign Currency Non-Resident Account, or (b) the foreign currency equivalent,
as on the date of payment, of the amount paid where such payment was made from the funds
held is Non-Resident External account for acquisition of the property; and
(iii) in the case of residential property, the repatriation of sale proceeds is restricted to not more
than two such properties.
In the event of failure in repayment of external commercial borrowing availed by a person resident
in India under the provisions of the Foreign Exchange Management (Borrowing or Lending in Foreign
Exchange) Regulations, 2000 (Notification No. FEMA 3/2000-RB, dated 3-5-2000) a bank which is
an authorised dealer may permit the overseas lender or the security trustee (in whose favour the
charge on immovable property has been created to secure the ECB) to sell the immovable property
on which the said loan has been secured only to a (by the) person resident in India and to repatriate
the sale proceeds towards outstanding dues in respect of the said loan and not any other loan.
Framework for raising loans through External Commercial Borrowings: Transactions on
account of External Commercial Borrowings (ECB) are governed by section 6(3)(d) of 17FEMA. ECBs
are commercial loans raised by eligible resident entities from recognised non-resident entities and
should conform to parameters such as minimum maturity, permitted and non -permitted end-uses,
maximum all-in-cost ceiling, etc. The para-meters apply in totality and not on a stand-alone basis.
The term ‘All-in-Cost’ includes rate of interest, other fees, expenses, charges, guarantee fees
whether paid in foreign currency or Indian Rupees (INR) but will not include commitment fees, pre -
payment fees / charges, withholding tax payable in INR.
In the case of fixed rate loans, the swap cost plus spread should not be more than the floating rate
plus the applicable spread. Additionally, for FCCBs, the issue related expenses should not exceed
4 per cent of the issue size and in case of private placement, these expenses should not exceed 2
per cent of the issue size, etc.
Approval route: Under the ECB framework, ECB can be raised either under the automatic route
or under the approval route. Under the approval route, the prospective borrowers are required to
send their requests to the Reserve Bank through their AD Banks for examination.
Automatic route: For the automatic route, the cases are examined by the Authorised Dealer
Category-I (AD Category-I) banks.
17FEMA Notification No. FEMA.3(R)/2018-RB dated 17 th December 2017 and AP circular 17 dated 16.1.2019

ECB Framework: The framework for raising loans through ECB (hereinafter referred to as the
ECB Framework) comprises the following two options:
Sr. No. Parameters 18FCY denominated ECB INR denominated ECB
i Currency of Any freely convertible Foreign Indian Rupee (INR)
borrowing Currency
ii Forms of Loans including bank loans; floating/ Loans including bank loans;
ECB fixed rate notes/ bonds/ debentures floating/ fixed rate
(other than fully and compulsorily notes/bonds/ debentures/
convertible instruments); Trade preference shares (other than
credits beyond 3 years; 19FCCBs; fully and compulsorily
20FCEBs and Financial Lease. convertible instruments);
Trade credits beyond 3 years;
and Financial Lease. Also,
plain vanilla Rupee
denominated bonds issued
overseas, which can be either
placed privately or listed on
exchanges as per host country
regulations.
iii Eligible All entities eligible to receive FDI. a) All entities eligible to raise
borrowers Further, the following entities are FCY ECB; and
also eligible to raise ECB: b) Registered entities engaged
in micro-finance activities, viz.,
i. Port Trusts;
registered Not for Profit
ii. Units in SEZ companies, registered
iii. SIDBI; and societies/trusts/ cooperatives
and Non-Government
iv. EXIM Bank of India. Organisations.
18Foreign Currency
19Foreign Currency Convertible Bond: It refers to foreign currency denominated instruments which are issued
in accordance with the Issue of Foreign Currency Convertible Bonds and Ordinary Shares (Through
Depositary Receipt Mechanism) Scheme, 1993, as amended from time to time. Issuance of FCCBs shall
also conform to other applicable regulations. Further, FCCBs should be without any warrants attached.
20Foreign Currency Exchangeable Bonds (FCEBs): It refers to foreign currency denominated instruments
which are issued in accordance with the Issue of Foreign Currency Exchangeable Bonds Scheme, 2008,
as amended from time to time. FCEBs are exchangeable into equity share of another company, to be called
the Offered Company, in any manner, either wholly, or partly or on the basis of any equity related warrants
attached to debt instruments. Issuance of FCEBs shall also conform to other applicable regulations

iv Recognised The lender should be resident of FATF or 21IOSCO compliant country,

lenders including on transfer of ECB. However,
a) Multilateral and Regional Financial Institutions where India is a
member country will also be considered as recognised lenders;
b) Individuals as lenders can only be permitted if they are foreign
equity holders or for subscription to bonds/debentures listed
abroad; and
c) Foreign branches / subsidiaries of Indian banks are permitted
as recognised lenders only for FCY ECB (except FCCBs and
FCEBs). Foreign branches / subsidiaries of Indian banks,
subject to applicable prudential norms, can participate as
arrangers/underwriters/market-makers/traders for Rupee
denominated Bonds issued overseas. However, underwriting by
foreign branches/subsidiaries of Indian banks for issuances by
Indian banks will not be allowed.
v Minimum MAMP for ECB will be 3 years. Call and put options, if any, shall not
Average be exercisable prior to completion of minimum average maturity.
Maturity However, for the specific categories mentioned below, the MAMP will
Period be as prescribed therein:
(MAMP) Sr.No. Category MAMP
ECB raised by manufacturing companies up to 1 year
(a)
USD 50 million or its equivalent per financial year.
ECB raised from foreign equity holder for working 5
(b) capital purposes, general corporate purposes or years
for repayment of Rupee loans
ECB raised for: 10
(i) working capital purposes or general years
(c) corporate purposes
(ii) on-lending by NBFCs for working capital
purposes or general corporate purposes
ECB raised for 7
(d)
(i) repayment of Rupee loans availed years
21IOSCO Compliant Country: A country whose securities market regulator is a signatory to the International
Organisation of Securities Commission's (IOSCO’s) Multilateral Memorandum of Understanding (Appendix
A Signatories) or a signatory to bilateral Memorandum of Understanding with the SEBI for information
sharing arrangements.

domestically for capital expenditure

(ii) on-lending by NBFCs for the same
purpose
(e) ECB raised for 10
(i) repayment of Rupee loans availed years
domestically for purposes other than
capital expenditure
(ii) on-lending by NBFCs for the same
purpose
for the categories mentioned at (b) to (e) –
(i) ECB cannot be raised from foreign branches / subsidiaries
of Indian banks
(ii) the prescribed MAMP will have to be strictly complied with
under all circumstances.
vi All-in-cost 22Benchmark rate plus 450 bps spread.
ceiling per
annum
vii Other costs Prepayment charge/ Penal interest, if any, for default or breach of
covenants, should not be more than 2 per cent over and above the
contracted rate of interest on the outstanding principal amount and will
be outside the all-in-cost ceiling.
viii End-uses The negative list, for which the ECB proceeds cannot be utilised, would
(Negative include the following:
list) a) Real estate activities.
b) Investment in capital market.
c) Equity investment.
d) 2Working capital purposes, except in case of ECB mentioned at
v(b) and v(c) above.
e) General corporate purposes, except in case of ECB mentioned
at v(b) and v(c) above.
f) Repayment of Rupee loans, except in case of ECB mentioned
at v(d) and v(e) above.
22Benchmark rate: Benchmark rate in case of FCY ECB/TC refers to 6-months LIBOR rate of different
currencies or any other 6-month interbank interest rate applicable to the currency of borrowing, for eg.,
EURIBOR. Benchmark rate in case of Rupee denominated ECB/TC will be prevailing yield of the Government
of India securities of corresponding maturity.

g) On-lending to entities for the above activities, except in case of

ECB raised by NBFCs as given at v(c), v(d) and v(e) above.
ix Exchange Change of currency of FCY ECB into For conversion to Rupee, the
rate INR ECB can be at the exchange exchange rate shall be the rate
rate prevailing on the date of the prevailing on the date of
agreement for such change between settlement.
the parties concerned or at an
exchange rate, which is less than the
rate prevailing on the date of the
agreement, if consented to by the
ECB lender.
x Hedging The entities raising ECB are required Overseas investors are eligible
provision to follow the guidelines for hedging to hedge their exposure in
issued, if any, by the concerned Rupee through permitted
sectoral or prudential regulator in derivative products with AD
respect of foreign currency Category I banks in India. The
exposure. Infrastructure space investors can also access the
companies shall have a Board domestic market through
approved risk management policy. branches / subsidiaries of
Further, such companies are Indian banks abroad or
required to mandatorily hedge 70 per branches of foreign banks with
cent of their ECB exposure in case Indian presence on a back to
the average maturity of the ECB is back basis.
less than 5 years. The designated
AD Category-I bank shall verify that
70 per cent hedging requirement is
complied with during the currency of
the ECB and report the position to
RBI through Form ECB 2. The
following operational aspects with
respect to hedging should be
ensured:
a. Coverage: The ECB borrower
will be required to cover the
principal as well as the
coupon through financial
hedges. The financial hedge
for all exposures on account
of ECB should start from the

time of each such exposure

(i.e. the day the liability is
created in the books of the
borrower).
b. Tenor and rollover: A
minimum tenor of one year for
the financial hedge would be
required with periodic
rollover, duly ensuring that
the exposure on account of
ECB is not unhedged at any
point during the currency of
the ECB.
c. Natural Hedge: Natural
hedge, in lieu of financial
hedge, will be considered
only to the extent of offsetting
projected cash flows /
revenues in matching
currency, net of all other
projected outflows. For this
purpose, an ECB may be
considered naturally hedged
if the offsetting exposure has
the maturity/cash flow within
the same accounting year.
Any other arrangements/
structures, where revenues
are indexed to foreign
currency will not be
considered as a natural
hedge.
xi Change of Change of currency of ECB from one Change of currency from INR
currency of freely convertible foreign currency to to any freely convertible
borrowing any other freely convertible foreign foreign currency is not
currency as well as to INR is freely permitted.
permitted.
Note: The ECB framework is not applicable in respect of investments in Non-Convertible
Debentures in India made by Registered Foreign Portfolio Investors. Lending and borrowing

under the ECB framework by Indian banks and their branches/subsidiaries outside India will be
subject to prudential guidelines issued by the Department of Banking Regulation of the Reserve
Bank. Further, other entities raising ECB are required to follow the guidelines issued, if any, by
the concerned sectoral or prudential regulator.
Limit and leverage: Under the aforesaid framework, all eligible borrowers can raise ECB up to USD
750 million or equivalent per financial year under the automatic route. Further, in case of FCY
denominated ECB raised from direct foreign equity holder, ECB liability-equity ratio for ECB raised
under the automatic route cannot exceed 7:1. However, this ratio will not be applicable if the
outstanding amount of all ECB, including the proposed one, is up to USD 5 million or its equivalent.
Further, the borrowing entities will also be governed by the guidelines on debt equity ratio, issued,
if any, by the sectoral or prudential regulator concerned.
Issuance of Guarantee, etc. by Indian banks and Financial Institutions: Issuance of any type of
guarantee by Indian banks, All India Financial Institutions and NBFCs relating to ECB is not
permitted. Further, financial intermediaries (viz., Indian banks, All India Financial Institutions, or
NBFCs) shall not invest in FCCBs/ FCEBs in any manner whatsoever.
Parking of ECB proceeds: ECB proceeds are permitted to be parked abroad as well as
domestically in the manner given below:
Parking of ECB proceeds abroad: Parking of ECB proceeds domestically:

ECB proceeds meant only for foreign currency ECB proceeds meant for Rupee expenditure
expenditure can be parked abroad pending should be repatriated immediately for credit to
utilisation. their Rupee accounts with AD Category I banks
in India.
Till utilisation, these funds can be invested in
the following liquid assets: ECB borrowers are also allowed to park ECB
proceeds in term deposits with AD Category I
(a) deposits or Certificate of Deposit or
banks in India for a maximum period of 12
other products offered by banks rated
months cumulatively. These term deposits
not less than AA (-) by Standard and
should be kept in unencumbered position.
Poor/Fitch IBCA or Aa3 by Moody’s;
(b) Treasury bills and other monetary
instruments of one-year maturity having
minimum rating as indicated above and
(c) deposits with foreign
branches/subsidiaries of Indian banks
abroad.
Procedure of raising ECB: All ECB can be raised under the automatic route if they conform to the
parameters prescribed under this framework. For approval route cases, the borrowers may approach

the RBI with an application in prescribed format (Form ECB) for examination through their AD
Category I bank. Such cases shall be considered keeping in view the overall guidelines,
macroeconomic situation and merits of the specific proposals. ECB proposals received in the
Reserve Bank above certain threshold limit (refixed from time to time) would be placed before t he
Empowered Committee set up by the Reserve Bank. The Empowered Committee will have external
as well as internal members and the Reserve Bank will take a final decision in the cases taking into
account recommendation of the Empowered Committee. Entities desirous to raise ECB under the
automatic route may approach an AD Category I bank with their proposal along with duly filled in
Form ECB.
Reporting Requirements: Borrowings under ECB Framework are subject to following reporting
requirements apart from any other specific reporting required under the framework:
1. Loan Registration Number (LRN): Any draw-down in respect of an ECB should happen only
after obtaining the LRN from the Reserve Bank. To obtain the LRN, borrowers are required to submit
duly certified Form ECB, which also contains terms and conditions of the ECB, in duplicate to the
designated AD Category I bank. In turn, the AD Category I bank will forward one copy to the Director,
Reserve Bank of India, Department of Statistics and Information Management, External Commercial
Borrowings Division, Bandra-Kurla Complex, Mumbai – 400 051 (Contact numbers 022-26572513
and 022-26573612). Copies of loan agreement for raising ECB are not required to be submitted to
the Reserve Bank.
2. Changes in terms and conditions of ECB: Changes in ECB parameters in consonance with
the ECB norms, including reduced repayment by mutual agreement between the lender and
borrower, should be reported to the DSIM through revised Form ECB at the earliest, in any case not
later than 7 days from the changes effected. While submitting revised Form ECB the changes should
be specifically mentioned in the communication.
3. Monthly Reporting of actual transactions: The borrowers are required to report actual ECB
transactions through Form ECB 2 Return through the AD Category I bank on monthly basis so as to
reach DSIM within seven working days from the close of month to which it relates. Changes, if any,
in ECB parameters should also be incorporated in Form ECB 2 Return.
4. Late Submission Fee (LSF) for delay in reporting:
(I) Any borrower, who is otherwise in compliance of ECB guidelines, can regularise the delay in
reporting of drawdown of ECB proceeds before obtaining LRN or delay in submission of Form
ECB 2 returns, by payment of late submission fees.
(II) The borrower, through its AD bank, may pay the LSF by way of demand draft in favour of
“Reserve Bank of India” or any other mode specified by the Reserve Bank. Such payment
should be accompanied with the requisite return(s). Form ECB and Form ECB 2 returns
reporting contraventions will be treated separately. Non-payment of LSF will be treated as
contravention of reporting provision and shall be subject to compounding or adjudication as
provided in FEMA 1999 or regulations/rules framed thereunder.

5. Standard Operating Procedure (SOP) for Untraceable Entities: The following SOP has to
be followed by designated AD Category-I banks in case of untraceable entities who are found to be
in contravention of reporting provisions for ECB by failing to submit prescribed return(s) under the
ECB framework, either physically or electronically, for past eight quarters or more.
i. Definition: Any borrower who has raised ECB will be treated as ‘untraceable entity’, if
entity/auditor(s)/director(s)/ promoter(s) of entity are not reachable/responsive/reply in
negative over email/letters/phone for a period of not less than two quarters wit h documented
communication/ reminders numbering 6 or more and it fulfills both of the following conditions:
(a) Entity not found to be operative at the registered office address as per records
available with the AD Bank or not found to be operative during the visit by the officials
of the AD Bank or any other agencies authorised by the AD bank for the purpose;
(b) Entities have not submitted Statutory Auditor’s Certificate for last two years or more;
ii. Action: The followings actions are to be undertaken in respect of ‘untraceable entities’:
(a) File Revised Form ECB, if required, and last Form ECB 2 Return without certification
from company with ‘UNTRACEABLE ENTITY’ written in bold on top. The outstanding
amount will be treated as written-off from external debt liability of the country but may
be retained by the lender in its books for recovery through judicial/ non-judicial means;
(b) No fresh ECB application by the entity should be examined/processed by the AD bank;
(c) Directorate of Enforcement should be informed whenever any entity is designated
‘UNTRACEABLE ENTITY’; and
(d) No inward remittance or debt servicing will be permitted under auto route.
6. Powers delegated to AD Category I banks to deal with ECB cases: The designated AD
Category I banks can approve any requests from the borrowers for changes in respect of ECB,
except for FCCBs/FCEBs, duly ensuring that the changed conditions, including change in name of
borrower/lender, transfer of ECB and any other parameters, comply with extant EC B norms and are
with the consent of lender(s). Further, the following can also be undertaken under the automatic
route:
(I) Change of the AD Category I bank: AD Category I bank can be changed subject to obtaining
no objection certificate from the existing AD Category I bank.
(II) Cancellation of LRN: The designated AD Category I banks may directly approach DSIM for
cancellation of LRN for ECB contracted, subject to ensuring that no draw down against the
said LRN has taken place and the monthly ECB-2 returns till date in respect of the allotted
LRN have been submitted to DSIM.
(III) Refinancing of existing ECB: Refinancing of existing ECB by fresh ECB provided the
outstanding maturity of the original borrowing (weighted outstanding maturity in case of
multiple borrowings) is not reduced and all-in-cost of fresh ECB is lower than the all-in-cost

(weighted average cost in case of multiple borrowings) of existing ECB. Further, refinancing
of ECB raised under the previous ECB frameworks may also be permitted, subject to
additionally ensuring that the borrower is eligible to raise ECB under the extant framework.
Raising of fresh ECB to part refinance the existing ECB is also permitted subject to same
conditions. Indian banks are permitted to participate in refinancing of existing ECB, only for
highly rated corporates (AAA) and for Maharatna/Navratna public sector undertakings.
(IV) Conversion of ECB into equity: Conversion of ECB, including those which are matured but
unpaid, into equity is permitted subject to the following conditions:
i. The activity of the borrowing company is covered under the automatic route for FDI or
Government approval is received, wherever applicable, for foreign equity participation
as per extant FDI policy.
ii. The conversion, which should be with the lender’s consent and without any additional
cost, should not result in contravention of eligibility and breach of applicable sector
cap on the foreign equity holding under FDI policy;
iii. Applicable pricing guidelines for shares are complied with;
iv. In case of partial or full conversion of ECB into equity, the reporting to the Reserve
Bank will be as under:
(a) For partial conversion, the converted portion is to be reported in Form FC-GPR
prescribed for reporting of FDI flows, while monthly reporting to DSIM in Form
ECB 2 Return will be with suitable remarks, viz., "ECB partially converted to
equity".
(b) For full conversion, the entire portion is to be reported in Form FC-GPR, while
reporting to DSIM in Form ECB 2 Return should be done with remarks “ECB
fully converted to equity”. Subsequent filing of Form ECB 2 Return is not
required.
(c) For conversion of ECB into equity in phases, reporting through Form FC-GPR
and Form ECB 2 Return will also be in phases.
v. If the borrower concerned has availed of other credit facilities from the Indian banking
system, including foreign branches/subsidiaries of Indian banks, the applicable
prudential guidelines issued by the Department of Banking Regulation of Reserve
Bank, including guidelines on restructuring are complied with;
vi. Consent of other lenders, if any, to the same borrower is available or atleast
information regarding conversions is exchanged with other lenders of the borrower.
vii. For conversion of ECB dues into equity, the exchange rate prevailing on the date of
the agreement between the parties concerned for such conversion or any lesser rate
can be applied with a mutual agreement with the ECB lender. It may be noted that the

fair value of the equity shares to be issued shall be worked out with reference to the
date of conversion only.
(V) Security for raising ECB: AD Category I banks are permitted to allow creation/cancellation
of charge on immovable assets, movable assets, financial securities and issue of corporate
and/or personal guarantees in favour of overseas lender / security trustee, to secure the ECB
to be raised/ raised by the borrower, subject to satisfying themselves that:
(i) the underlying ECB is in compliance with the extant ECB guidelines,
(ii) there exists a security clause in the Loan Agreement requiring the ECB borrower to
create/cancel charge, in favour of overseas lender/security trustee, on immovable
assets/movable assets/financial securities/issuance of corporate and/or personal
guarantee, and
(iii) No objection certificate, as applicable, from the existing lenders in India has been
obtained in case of creation of charge.
Once the aforesaid stipulations are met, the AD Category I bank may permit creation of
charge on immovable assets, movable assets, financial securities and issue of corporate
and/or personal guarantees, during the currency of the ECB with security co -terminating with
underlying ECB, subject to the following:
i. Creation of Charge on Immovable Assets: The arrangement shall be subject to the
following:
(a) Such security shall be subject to provisions contained in the Foreign Exchange
Management (Acquisition and Transfer of Immovable Property in India)
Regulations, 2017, as amended from time to time.
(b) The permission should not be construed as a permission to acquire immovable
asset (property) in India, by the overseas lender/ security trustee.
(c) In the event of enforcement / invocation of the charge, the immovable asset/
property will have to be sold only to a person resident in India and t he sale
proceeds shall be repatriated to liquidate the outstanding ECB.
ii. Creation of Charge on Movable Assets: In the event of enforcement/ invocation
of the charge, the claim of the lender, whether the lender takes over the movable asset
or otherwise, will be restricted to the outstanding claim against the ECB. Encumbered
movable assets may also be taken out of the country subject to getting ‘No Objection
Certificate’ from domestic lender/s, if any.
iii. Creation of Charge over Financial Securities: The arrangements may be permitted
subject to the following:

(a) Pledge of shares of the borrowing company held by the promoters as well as in
domestic associate companies of the borrower is permitted. Pledge on other
financial securities, viz. bonds and debentures, Government Securities,
Government Savings Certificates, deposit receipts of securities and units of the
Unit Trust of India or of any mutual funds, standing in the name of ECB
borrower/promoter, is also permitted.
(b) In addition, security interest over all current and future loan assets and all
current assets including cash and cash equivalents, including Rupee accounts
of the borrower with ADs in India, standing in the name of the
borrower/promoter, can be used as security for ECB. The Rupee accounts of
the borrower/promoter can also be in the form of escrow arrangement or debt
service reserve account.
(c) In case of invocation of pledge, transfer of financial securities shall be in
accordance with the extant FDI/FII policy including provisions relating to
sectoral cap and pricing as applicable read with the Foreign Exchange
Management (Transfer or Issue of Security by a Person Resident outside India)
Regulations, 2017, as amended from time to time.
iv. Issue of Corporate or Personal Guarantee: The arrangement shall be subject to the
following:
(a) A copy of Board Resolution for the issue of corporate guarantee for the
company issuing such guarantee, specifying name of the officials authorised to
execute such guarantees on behalf of the company or in individual capacity
should be obtained.
(b) Specific requests from individuals to issue personal guarantee indicating details
of the ECB should be obtained.
(c) Such security shall be subject to provisions contained in the Foreign Exchange
Management (Guarantees) Regulations, 2000, as amended from time to time.
(d) ECB can be credit enhanced / guaranteed / insured by overseas party/ parties
only if it/ they fulfil/s the criteria of recognised lender under extant ECB
guidelines.
7. Additional Requirements: While exercising the delegated powers, the AD Category I banks
should ensure that:
(i) The changes permitted are in conformity with the applicable ceilings / guidelines and the ECB
continues to be in compliance with applicable guidelines. It should also be ensured that if the
ECB borrower has availed of credit facilities from the Indian banking system, including foreign
branches/subsidiaries of Indian banks, any extension of tenure of ECB (whether matured or

not) shall be subject to applicable prudential guidelines issued by Department of Banking

Regulation of Reserve Bank including guidelines on restructuring.
(ii) The changes in the terms and conditions of ECB allowed by the ADs under the powers
delegated and / or changes approved by the Reserve Bank should be reported to the DSIM
as given at paragraph 6.2 above. Further, these changes should also get reflected in the
Form ECB 2 returns appropriately.
8. Special Dispensations under the ECB framework:
1. ECB facility for Oil Marketing Companies: Notwithstanding the provisions contained in
paragraph 2.1 (viii), 2.1 (x) and 2.2 above, Public Sector Oil Marketing Companies (OMCs)
can raise ECB for working capital purposes with minimum average maturity period of 3 years
from all recognised lenders under the automatic route without mandatory hedging and
individual limit requirements. The overall ceiling for such ECB shall be USD 10 billion or
equivalent. However, OMCs should have a Board approved forex mark to market procedure
and prudent risk management policy, for such ECB. All other provisions under the ECB
framework will be applicable to such ECB.
2. ECB facility for Startups: AD Category-I banks are permitted to allow Startups to raise ECB
under the automatic route as per the following framework:
(i) Eligibility: An entity recognised as a Startup by the Central Government as on date
of raising ECB.
(ii) Maturity: Minimum average maturity period will be 3 years.
(iii) Recognised lender: Lender / investor shall be a resident of a FATF compliant country.
However, foreign branches/subsidiaries of Indian banks and overseas entity in which
Indian entity has made overseas direct investment as per the extant Overseas Direct
Investment Policy will not be considered as recognised lenders under this framework.
(iv) Forms: The borrowing can be in form of loans or non-convertible, optionally
convertible or partially convertible preference shares.
(v) Currency: The borrowing should be denominated in any freely convertible currency
or in Indian Rupees (INR) or a combination thereof. In case of borrowing in INR, the
non-resident lender, should mobilise INR through swaps/outright sale undertaken
through an AD Category-I bank in India.
(vi) Amount: The borrowing per Startup will be limited to USD 3 million or equivalent per
financial year either in INR or any convertible foreign currency or a combination of
both.
(vii) All-in-cost: Shall be mutually agreed between the borrower and the lender.
(viii) End uses: For any expenditure in connection with the business of the borrower.

(ix) Conversion into equity: Conversion into equity is freely permitted subject to
Regulations applicable for foreign investment in Startups.
(x) Security: The choice of security to be provided to the lender is left to the borrowing
entity. Security can be in the nature of movable, immovable, intangible assets
(including patents, intellectual property rights), financial securities, etc. and shall
comply with foreign direct investment / foreign portfolio investment / or any other norms
applicable for foreign lenders / entities holding such securities. Further, issuance of
corporate or personal guarantee is allowed. Guarantee issued by a non -resident(s) is
allowed only if such parties qualify as lender under ECB for Startups. However,
issuance of guarantee, standby letter of credit, letter of undertaking or letter of comfort
by Indian banks, all India Financial Institutions and NBFCs is not permitted.
(xi) Hedging: The overseas lender, in case of INR denominated ECB, will be eligible to
hedge its INR exposure through permitted derivative products with AD Category – I
banks in India. The lender can also access the domestic market through branches/
subsidiaries of Indian banks abroad or branches of foreign bank with Indian prese nce
on a back to back basis.
Note: Startups raising ECB in foreign currency, whether having natural hedge or not,
are exposed to currency risk due to exchange rate movements and hence are advised
to ensure that they have an appropriate risk management policy to manage potential
risk arising out of ECB.
(xii) Conversion rate: In case of borrowing in INR, the foreign currency - INR conversion
will be at the market rate as on the date of agreement.
(xiii) Other Provisions: Other provisions like parking of ECB proceeds, reporting
arrangements, powers delegated to AD banks, borrowing by entities under
investigation, conversion of ECB into equity will be as included in the ECB framework.
However, provisions on leverage ratio and ECB liability: Equity ratio will not be
applicable. Further, the Start-ups as defined above [8.2. (i)] as well as other start-ups
which do not comply with the aforesaid definition but are eligible to receive FDI, can
also raise ECB under the general ECB route/framework.
9. Borrowing by Entities under Investigation: All entities against which investigation /
adjudication / appeal by the law enforcing agencies for violation of any of the provisions of the
Regulations under FEMA pending, may raise ECB as per the applicable norms, if they are otherwise
eligible, notwithstanding the pending investigations / adjudications / appeals, without prejudice to
the outcome of such investigations / adjudications / appeals. The borrowing entity shall inform about
pendency of such investigation / adjudication / appeal to the AD Category-I bank / RBI as the case
may be. Accordingly, in case of all applications where the borrowing entity has indicated about the
pending investigations / adjudications / appeals, the AD Category I Banks / Reserve Bank while
approving the proposal shall intimate the agencies concerned by endorsing a copy of the approval
letter.

10. ECB by entities under restructuring/ ECB facility for refinancing stressed assets:
1. An entity which is under a restructuring scheme/ corporate insolvency resolution process can
raise ECB only if specifically permitted under the resolution plan.
2. Eligible corporate borrowers who have availed Rupee loans domestically for capital
expenditure in manufacturing and infrastructure sector and which have been classified as
SMA-2 or NPA can avail ECB for repayment of these loans under any one time settlement
with lenders. Lender banks are also permitted to sell, through assignment, such loans to
eligible ECB lenders, provided, the resultant external commercial borrowing complies with
all-in-cost, minimum average maturity period and other relevant norms of the ECB framework.
Foreign branches/ overseas subsidiaries of Indian banks are not eligible to lend for the above
purposes. The applicable MAMP will have to be strictly complied with under all circumstances.
3. Eligible borrowers under the ECB framework, who are participating in the Corporate
Insolvency Resolution Process under Insolvency and Bankruptcy Code, 2016 as resolution
applicants, can raise ECB from all recognised lenders, except foreign branches/subsidiaries
of Indian banks, for repayment of Rupee term loans of the target company. Such ECB will be
considered under the approval route, procedure of which is given at paragraph No. 5 above.
11. Dissemination of information: For providing greater transparency, information with regard
to the name of the borrower, amount, purpose and maturity of ECB under both Automatic and
Approval routes are put on the RBI’s website, on a monthly basis, with a lag of o ne month to which
it relates.
12. Compliance with the guidelines: The primary responsibility for ensuring that the borrowing
is in compliance with the applicable guidelines is that of the borrower concerned. Any contravention
of the applicable provisions of ECB guidelines will invite penal action under the FEMA. The
designated AD Category I bank is also expected to ensure compliance with applicable ECB
guidelines by their constituents.
Overseas Direct Investments by resident individuals: Overseas investments (or financial
commitment) in Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS) have been recognised
as important avenues for promoting global business by Indian entrepreneurs. Joint Ventures are
perceived as a medium of economic and business co-operation between India and other countries.
In keeping with the spirit of liberalisation, which has become the hallmark of economic policy in
general, and Foreign Exchange regulations in particular, the Reserve Bank has been progressively
relaxing the rules and simplifying the procedures both for current account as well as capital account
transactions.
Relevant statutory provision: Section 6 of the Foreign Exchange Management Act, 1999 provides
powers to the Reserve Bank and Central Government to specify, the classes of permissible capital
account transactions and limits up to which foreign exchange is admissible for such transactions. In
exercise of the above powers conferred under the Act, the Reserve issued Foreign Exchange

Management (Transfer or Issue of any Foreign Security) Regulations, 2004 vide Notification No.
FEMA.120/RB-2004 dated July 7, 2004. The Notification seeks to regulate acquisition and transfer
of a foreign security by a person resident in India i.e. investment (or financial commitment) by Indian
entities in overseas joint ventures and wholly owned subsidiaries as also investment by a person
resident in India in shares and securities issued outside India.
Relevant definitions: “Direct investment outside India” means investments, either under the
Automatic Route or the Approval Route, by way of:
(i) contribution to the capital or subscription to the Memorandum of a foreign entity, or
(ii) purchase of existing shares of a foreign entity either by market purchase or private placement
or through stock exchange, signifying a long-term interest in the foreign entity (JV or WOS).
However, it does not include 23Portfolio investment.
A resident individual may make overseas direct investment in the equity shares and compu lsorily
convertible preference shares of a Joint Venture (JV) or Wholly Owned Subsidiary (WOS) outside
India. However, the limit of overseas direct investment by the resident individual is prescribed by
RBI.
"Financial Commitment" means the amount of direct investment by way of contribution to equity,
loan and 100 per cent of the amount of guarantees and 50 per cent of the performance guarantees
issued by an Indian Party to or on behalf of its overseas Joint Venture Company or Wholly Owned
Subsidiary. RBI has permitted total financial commitment of upto 400% of the Net worth of the Indian
entity which can be made in the overseas entity by way of equity, loan and guarantee. Net worth
means paid up capital and free reserves.
'Joint Venture' means a foreign entity formed, registered or incorporated in accordance with the
laws and regulations of the host country in which the Indian Party makes a direct investment.
"Wholly Owned Subsidiary (WOS)" means a foreign entity formed, registered or incorporated in
accordance with the laws and regulations of the host country, whose entire capital is held by the
Indian Party.
"Indian Party" means a company incorporated in India or a body created under an Act of Parliament
or a partnership firm registered under the Indian Partnership Act, 1932, or a Limited Liability
Partnership (LLP), registered under the Limited Liability Partnership Act, 2008, making investment
in a Joint Venture or Wholly Owned Subsidiary abroad, and includes any other entity in India as may
be notified by the Reserve Bank. When more than one such company, body or entity make an
investment in the foreign entity, all such companies or bodies or entities shall together constitute the
"Indian Party".
23Portfolio investments are investments in the form of a group (portfolio) of assets, including transactions
in equity, securities, such as common stock, and debt securities, such as banknotes, bonds, and
debentures

"Host country" means the country in which the foreign entity receiving the direct investment from
an Indian Party is registered or incorporated.
Mode of direct investment outside India:
(1) Automatic route for direct investment or financial commitment outside India: As per the
Regulation 6 of the Foreign Exchange Management (Transfer or Issue of Any Foreign Security)
(Amendment) Regulations, 2004, an Indian Party has been permitted to make investment/ undertake
financial commitment in overseas Joint Ventures (JV)/ Wholly Owned Subsidiaries (WOS), a s per
the ceiling prescribed by the Reserve Bank.
With effect from July 03, 2014, it has been decided that any financial commitment (FC) exceeding
USD 1 (one) billion (or its equivalent) in a financial year would require prior approval of the Reserve
Bank even when the total FC of the Indian Party is within the eligible limit under the automatic route
[i.e., within 400% of the net worth (Paid up capital + Free Reserves) as per the last audited balance
sheet].
Limit permissible: The total financial commitment of the Indian Party in all the Joint Ventures/
Wholly Owned Subsidiaries shall comprise of the following:
a. 100% of the amount of equity shares and/ or Compulsorily Convertible Preference Shares
(CCPS);
b. 100% of the amount of other preference shares;
c. 100% of the amount of loan;
d. 100% of the amount of guarantee (other than performance guarantee) issued by the Indian
Party;
e. 100% of the amount of bank guarantee issued by a resident bank on behalf of JV or WOS of
the Indian Party provided the bank guarantee is backed by a counter guarantee / collateral
by the Indian Party.
f. 50% of the amount of performance guarantee issued by the Indian Party provided that if the
outflow on account of invocation of performance guarantee results in the breach of the limit
of the financial commitment in force, prior permission of the Reserve Bank is to be obtained
before executing remittance beyond the limit prescribed for the financial commitment.
Requirements for investments/ financial commitments: The criteria for overseas direct
investment under the Automatic Route is as under:
i. The Indian Party can invest up to the prescribed limit of its net worth (as per the last audited
Balance Sheet) in JV / WOS for any bonafide activity permitted as per the law of the host
country. The prescribed limit vis-a-vis the net worth will not be applicable where the
investment is made out of balances held in the EEFC account of the Indian party or out of
funds raised through ADRs/GDRs;

ii. The Indian Party is not on the Reserve Bank’s exporters' caution list / list of defaulters to the
banking system published/ circulated by the Credit Information Bureau of India Ltd. (CIBIL)
/RBI or any other credit information company as approved by the Reserve Bank or under
investigation by the Directorate of Enforcement or any investigative agency or regulatory
authority; and
iii. The Indian Party routes all the transactions relating to the investment in a JV/WOS through
only one branch of an authorised dealer to be designated by the Indian Party.
Process: The Indian Party should approach an Authorized Dealer with an application in Form ODI
and the prescribed enclosures / documents for effecting the remittances towards such investments.
Investments (or financial commitment) in JV/WOS abroad by Indian Parties through the medium of
a Special Purpose Vehicle (SPV) are also permitted under the Automatic Route if the Indian Party
is not appearing in the Reserve Bank's caution list or is under investigation by the Directorate of
Enforcement or included in the list of defaulters to the banking system circulated by the Reserve
Bank/any other Credit Information company as approved by the Reserve Bank.
(2) Approval route for direct investment or financial commitment outside India
(i) Prior approval of the Reserve Bank would be required in all other cases of direct investment
(or financial commitment) abroad.
(ii) Reserve Bank would, inter alia, take into account the following factors while considering such
applications:
a) Prima facie viability of the JV / WOS outside India;
b) Contribution to external trade and other benefits which will accrue to India through
such investment (or financial commitment);
c) Financial position and business track record of the Indian Party and the foreig n entity;
and
d) Expertise and experience of the Indian Party in the same or related line of activity as
of the JV / WOS outside India.
Therefore, under the approval route (proposals not covered by the conditions under the automatic
route) prior approval of the Reserve Bank would be required. For which a specific application in
Form ODI with the documents prescribed therein is required to be made through the Authorized
Dealer Category – I banks.
With effect from August 05, 2013, a resident individual (single or in association with another resident
individual or with an ‘Indian Party’ as defined in the Notification) satisfying the criteria as per
Schedule V of the Notification, may make overseas direct investment in the equity shares and
compulsorily convertible preference shares of a Joint Venture (JV) or Wholly Owned Subsidiary
(WOS) outside India. The limit of overseas direct investment by the resident individual shall be within

the overall limit prescribed by the Reserve Bank of India under the provisions of Liberalised
Remittance Scheme, as prescribed by the Reserve Bank from time to time.
Prohibitions on direct investment abroad by an Indian party:
(a) Indian Parties are prohibited from making investment (or financial commitment) in foreign
entity engaged in real estate (meaning buying and selling of real estate or trading in
Transferable Development Rights (TDRs) but does not include development of town ships,
construction of residential/commercial premises, roads or bridges) or banking business,
without the prior approval of the Reserve Bank.
(b) An overseas entity, having direct or indirect equity participation by an Indian Party, shall not
offer financial products linked to Indian Rupee (e.g. non-deliverable trades involving foreign
currency, rupee exchange rates, stock indices linked to Indian market, etc.) without the
specific approval of the Reserve Bank.
General Permission: General permission has been granted to persons residents in India for
purchase / acquisition of securities in the following manner:
(a) out of the funds held in RFC account;
(b) as bonus shares on existing holding of foreign currency shares; and
(c) when not permanently resident in India, out of their foreign currency resources outside India.
General permission is also available to sell the shares so purchased or acquired.
❖ Export of goods and services (Section 7)
(1) Every exporter of goods shall-(a) furnish to the Reserve Bank or to such other authority a
declaration in such form and in such manner as may be specified, containing true and correct
material particulars, including the amount representing the full export value or, if the full export
value of the goods is not ascertainable at the time of export, the value which the exporter,
having regard to the prevailing market conditions, expects to receive on the sale o f the goods
in a market outside India, (b) furnish to the Reserve Bank such other information as may be
required by the Reserve Bank for the purpose of ensuring the realization of the export
proceeds by such exporter.
(2) The Reserve Bank may, for the purpose of ensuring that the full export value of the goods or
such reduced value of the goods as the Reserve Bank determines, having regard to the
prevailing market conditions, is received without any delay, direct any exporter to comply with
such requirements as it deems fit.
(3) Every exporter of services shall furnish to the Reserve Bank or to such other authorities a
declaration in such form and in such manner as may be specified, containing the true and
correct material particulars in relation to payment for such services.

Regulations:
1. Short title and commencement: These Regulations may be called the Foreign Exchange
Management (Export of Goods and Services) Regulations, 2015 w.e.f.12-1-2016.
2. Definitions:- Some definitions: In these Regulations, unless the context requires otherwise,
(i) 'export' includes the taking or sending out of goods by land, sea or air, on consignment
or by way of sale, lease, hire-purchase, or under any other arrangement by whatever
name called, and in the case of software, also includes transmission through any
electronic media;
(ii) 'export value' in relation to export by way of lease or hire-purchase or under any other
similar arrangement, includes the charges, by whatever name called, payable in
respect of such lease or hire-purchase or any other similar arrangement;
(iii) 'form' means form annexed to these Regulations;
(iv) 'software' means any computer programme, database, drawing, design, audio/video
signals, any information by whatever name called in or on any medium other than in
or on any physical medium;
(v) 'specified authority' means the person or the authority to whom the declaration as
specified in Regulation 3 is to be furnished;
3. Declaration of exports: In case of exports taking place through Customs manual ports:
every exporter of goods or software in physical or any other form, either directly or indirectly,
to any place outside India, other than Nepal and Bhutan, shall furnish to the specified
authority-
a declaration in the forms set out in the Schedule with the support of evidence containing true
and correct material particulars including the amount representing –

where export value is ascertainable
full export value of the goods or software
where export value is not ascertainable at the time of export
affirms in the said declaration that the full

value which the exporter, having regard to the
export value of goods (whether ascertainable
prevailing market conditions expects to receive
at the time of export or not) or the software
on the sale of the goods / the software in
has been or will within the specified period
overseas market, and
be, paid in the specified manner
In respect of export of services to which none of the Forms specified in these

Regulations apply: the exporter may export such services without furnishing any declaration,
but shall be liable to realise the amount of foreign exchange which becomes due /accrues on
account of such export, and to repatriate the same to India in accordance with the provisions
of the Act, and these Regulations, as also other rules and regulations made under the Act.
Realization of export proceeds in respect of export of goods / software from third party
should be duly declared by the exporter in the appropriate declaration form.
4. Exemptions: Export of goods / software may be made without furnishing the declaration in
the following cases, namely:
(a) trade samples of goods and publicity material supplied free of payment;
(b) personal effects of travellers, whether accompanied or unaccompanied;
(c) ship's stores, trans-shipment cargo and goods supplied under the orders of Central
Government or of such officers as may be appointed by the Central Government in
this behalf or of the military, naval or air force authorities in India for military, naval or
air force requirements;
(d) by way of gift of goods accompanied by a declaration by the exporter that they are not
more than five lakh rupees in value
(e) aircrafts or aircraft engines and spare parts for overhauling and/or repairs abroad
subject to their reimport into India after overhauling /repairs, within a period of six
months from the date of their export;

24 (ea) re-export of leased aircraft/ helicopter and/or engines/auxiliary power units (APUs) re -
possessed by overseas lessor and duly de-registered by the Directorate General of
Civil Aviation (DGCA) on the request of Irrevocable Deregistration and Export Request
Authorisation (IDERA) holder under ‘Cape Town Convention’ subject to permission by
DGCA/Ministry of Civil Aviation for such export/s.”
(f) goods imported free of cost on re-export basis;
(g) the following goods which are permitted by the Development Commissioner of the
Special Economic Zones, Electronic Hardware Technology Parks, Software
Technology Parks or Free Trade Zones to be re-exported, namely:
(1) imported goods found defective, for the purpose of their replacement by the
foreign suppliers/collaborators;
(2) goods imported from foreign suppliers/collaborators on loan basis;
(3) goods imported from foreign suppliers/collaborators free of cost, found surplus
after production operations.
(ga) goods listed at items (1), (2) and (3) of clause (i) to be re-exported by units in Special
Economic Zones, under intimation to the Development Commissioner of Special
Economic Zones / concerned Assistant Commissioner or Deputy Commissioner of
Customs
(h) replacement goods exported free of charge in accordance with the provisions of
Foreign Trade Policy in force, for the time being.
(i) goods sent outside India for testing subject to re-import into India;
(j) defective goods sent outside India for repair and re-import provided the goods are
accompanied by a certificate from an authorised dealer in India that the export is for
repair and re-import and that the export does not involve any transaction in foreign
exchange.
(k) exports permitted by the Reserve Bank, on application made to it, subject to the terms
and conditions, if any, as stipulated in the permission.
5. Indication of importer-exporter code number: The importer-exporter code number (allotted
by the Director General of Foreign Trade under Section 7 of the Foreign Trade (Development
& Regulation) Act, 1992) shall be indicated on all copies of the declaration forms submitted
by the exporter to the specified authority and shall be used in all correspondence of the
exporter with the authorised dealer or the Reserve Bank, as the case may be.
24Inserted vide Foreign Exchange Management (Export of Goods and Services) (Amendment) Regulations,
2019 dated 9 th December 2019

6. Authority to whom declaration is to be furnished and the manner of dealing with the
declaration:
Declaration in Form EDF (i) It shall be submitted in duplicate to the

Commissioner of Customs.
(ii) After verification and authentication of
the declaration form, the Commissioner
of Customs shall forward the original
declaration form/data to the nearest
office of the Reserve Bank, and
(iii) hand over the duplicate form to the
exporter for being submitted to the
authorised dealer.
Declaration in Form SOFTEX (i) It shall be, in respect of export of
computer software and audio/video/
television software, submitted in triplicate
to the designated official of Ministry of
Information Technology, Government of
India at the Software Technology Parks
of India (STPIs) or at the Free Trade
Zones (FTZs) or Special Economic
Zones (SEZs) in India.
(ii) After certifying all three copies of the
SOFTEX form, the designated official
shall forward the original directly to the
nearest office of the Reserve Bank and
return the duplicate to the exporter.
(iii) The triplicate shall be retained by the
designated official for record.
Duplicate Declaration Forms to be retained with Authorised Dealers: On the realisation

of the export proceeds, the duplicate copies of export declaration forms viz. EDF and
SOFTEX shall be retained by the Authorised Dealers.
7. Evidence in support of declaration:-The Commissioner of Customs/ the postal authority/
the official of Department of Electronics, to whom the declaration form is submitted, may, in
order to satisfy themselves of due compliance with Section 7 of the Act and these regulations,
require such evidence in support of the declaration as may establish that –
(a) the exporter is a person resident in India and has a place of business in India;

(b) the destination stated on the declaration is the final place of the destination of the
goods exported;
(c) the value stated in the declaration represents –
(i) the full export value of the goods or software; or
(ii) where the full export value of the goods or software is not ascertainable at the
time of export, the value which the exporter, having regard to the prevailing
market conditions expects to receive on the sale of the goods in the overseas
market.
Explanation—For the purpose of this regulation, 'final place of destination' means a place in
a country in which the goods are ultimately imported and cleared through Customs of that
country.
8. Manner of payment of export value of goods: Unless otherwise authorised by the Reserve
Bank, the amount representing the full export value of the goods exported shall be paid
through an authorised dealer in the manner specified in the Foreign Exchange Management
(Manner of Receipt and Payment) Regulations, 2000 as amended from time to time.
Explanation—For the purpose of this regulation, re-import into India, within the period
specified for realisation of the export value, of the exported goods in respect of which a
declaration was made under Regulation 3, shall be deemed to be realisation of full export
value of such goods.
9. Period within which export value of goods/software/ services to be realised: -
(1) In ordinary case: The amount representing the full export value of goods / software/
services exported shall be realised and repatriated to India 25within nine months or
within such period as may be specified by the Reserve Bank, in consultation with the
Government, from time to time, from the date of export, provided.
However, where the goods are exported to a warehouse established outside India
with the permission of the Reserve Bank, the amount representing the full export value
of goods exported shall be paid to the authorised dealer as soon as it is realised and
in any case within fifteen months or within such period as may be specified by the
Reserve Bank, in consultation with the Government, from time to time from the date of
shipment of goods;
Extension of period: Further the Reserve Bank, or subject to the directions issued
by that Bank in this behalf, the authorised dealer may, for a sufficient and reasonable
cause, extend the said period.
25 Inserted vide Notification No. FEMA 23(R)/(3)/2020-RB dated March 31, 2020 published in the Official
Gazette of India, Extra Ordinary, Part III, Section 4 dated March 31, 2020 .

(2) Where the export of goods / software / services has been made by Units in Spec ial
Economic Zones (SEZ) / Status Holder exporter / Export Oriented Units (EOUs) and
units in Electronics Hardware Technology Parks (EHTPs), Software Technology Parks
(STPs) and Bio-Technology Parks (BTPs) as defined in the Foreign Trade Policy in
force, the amount representing the full export value of goods or software shall be
realised and repatriated to India within nine months from the date of export.
Extension of period: Provided further that the Reserve Bank, or subject to the
directions issued by the Bank in this behalf, the authorised dealer may, for a sufficient
and reasonable cause shown, extend the said period.
The Reserve Bank may for reasonable and sufficient cause direct that the said
exporter/s shall cease to be governed by above sub-regulation (2). Such a direction
shall be given only when the unit has been given a reasonable opportunity to make a
representation in the matter.
On such direction, the said exporter/s shall be governed by the provisions of sub -
regulation (1), until directed otherwise by the Reserve Bank.
For the purpose of this regulation, the “date of export” in relation to the export of
software in other than physical form, shall be deemed to be the date of invoice covering
such export.
10. Submission of export documents: The documents pertaining to export shall be submitted
to the authorised dealer mentioned in the relevant export declaration form, within 21 days
from the date of export, or from the date of certification of the SOFTEX form:
Provided that, subject to the directions issued by the Reserve Bank from time to time, the
authorized dealer may accept the documents pertaining to export submitted after the expiry
of the specified period of 21 days, for reasons beyond the control of the exporter.
11. Transfer of documents: An authorised dealer may accept, for negotiation or collection,
shipping documents including invoice and bill of exchange covering exports, from his
constituent (not being a person who has signed the declaration in terms of Regulation 3):
Provided that before accepting such documents for negotiation or collection, the authorised
dealer shall –
(a) where the value declared in the declaration does not differ from the value shown in the
documents being negotiated or sent for collection, or
(b) where the value declared in the declaration is less than the value shown in the
documents being negotiated or sent for collection, require the constituent concerned
also to sign such declaration and thereupon such constituent shall be bound to comply
with such requisition and such constituent signing the declaration shall be considered
to be the exporter for the purposes of these Regulations to the extent of the full value

shown in the documents being negotiated or sent for collection and shall be governed
by these Regulations accordingly.
12. Payment for the Export: In respect of export of any goods / software for which a declaration
is required to be furnished, no person shall except with the permission of the Reserve Bank
or, subject to the directions of the Reserve Bank, permission of an authorised dealer, do or
refrain from doing anything or take or refrain from taking any action which has the effect of
securing –
(i) that the payment for the goods or software is made otherwise than in the specified
manner; or
(ii) that the payment is delayed beyond the period specified under these Regulations; or
(iii) that the proceeds of sale of the goods or software exported do not represent the full
export value of the goods or software subject to such deductions, if any, as may be
allowed by the Reserve Bank or, subject to the directions of the Reserve Bank, by an
authorised dealer;
Provided that no proceedings in respect of contravention of these provisions shall be
instituted unless the specified period has expired and payment for the goods or
software representing the full export value, or the value after deductions allowed under
clause (iii), has not been made in the specified manner within the specified period.
(iv) Export of services to which no Form specified in these Regulations apply, the exporter
may export such services without furnishing any declaration, (i), (ii) & (iii) above shall
apply.
13. Certain Exports requiring prior approval: Exports under trade agreement/rupee credit etc.
(i) Export of goods under special arrangement between the Central Government and
Government of a foreign state, or under rupee credits extended by the Central
Government to Govt. of a foreign state shall be governed by the terms and conditions
set out in the relative public notices issued by the Trade Control Authority in India and
the instructions issued from time to time by the Reserve Bank.
(ii) An export under the line of credit extended to a bank or a financial institution operating
in a foreign state by the Exim Bank for financing exports from India, shall be governed
by the terms and conditions advised by the Reserve Bank to the authorised dealers
from time to time.
14. Delay in Receipt of Payment: Where in relation to goods or software export of which is
required to be declared on the specified form and export of services, in respect of which no
declaration forms has been made applicable, the specified period has expired and the
payment therefor has not been made as aforesaid, the Reserve Bank may give to any person
who has sold the goods or software or who is entitled to sell the goods or software or procure
the sale thereof, such directions as appear to it to be expedient, for the purpose of securing,

(a) the payment therefor if the goods or software has been sold and
(b) the sale of goods and payment thereof, if goods or software has not been sold or
reimport thereof into India as the circumstances permit, within such period as the
Reserve Bank may specify in this behalf;
Provided that omission of the Reserve Bank to give directions shall not have the effect of
absolving the person committing the contravention from the consequences thereof.
15. Advance payment against exports:
(1) Where an exporter receives advance payment (with or without interest), from a
buyer / third party named in the export declaration made by the exporter, outside
India, the exporter shall be under an obligation to ensure that –
(i) the shipment of goods is made within one year from the date of receipt of
advance payment;
(ii) the rate of interest, if any, payable on the advance payment does not exceed
the rate of interest London Inter-Bank Offered Rate (LIBOR) + 100 basis points
and
(iii) the documents covering the shipment are routed through the authorised
dealer through whom the advance payment is received;
Provided that in the event of the exporter's inability to make the shipment, partly or
fully, within one year from the date of receipt of advance payment, no remittance
towards refund of unutilized portion of advance payment or towards payment of
interest, shall be made after the expiry of the period of one year, without the prior
approval of the Reserve Bank.
(2) Exemption: Notwithstanding anything contained in clause (i) of sub-regulation (1), an
exporter may receive advance payment where the export agreement itself duly
provides for shipment of goods extending beyond the period of one year from the date
of receipt of advance payment.
16. Issue of directions by Reserve Bank in certain cases:
(1) In relation to the export of goods or software which is required to be declared, the
Reserve Bank may, for the purpose of ensuring that the full export value of the goods
or the value which the exporter having regard to the prevailing market conditions
expects to receive on the sale of goods or software in the overseas market, is received
in proper time and without delay, by general or special order, direct from time to time
that in respect of export of goods or software to any destination or any class of export
transactions or any class of goods or software or class of exporters, the exporter shall,
prior to the export, comply with the conditions as may be specified in the order, namely;

(a) that the payment of the goods or software is covered by an irrevocable letter of
credit or by such other arrangement or document as may be indicated in the
order;
(b) that any declaration to be furnished to the specified authority shall be submitted
to the authorised dealer for its prior approval, which may, having regard to the
circumstances, be given or withheld or may be given subject to such conditions
as may be specified by the Reserve Bank by directions issued from time to time.
(c) that a copy of the declaration to be furnished to the specified authority shall be
submitted to such authority or organisation as may be indicated in the order for
certifying that the value of goods or software specified in the declaration
represents the proper value thereof.
(2) Exception: No direction under sub-regulation (1) shall be given by the Reserve Bank
and no approval under clause (b) of that sub-regulation shall be withheld by the
Authorised Dealer, unless the exporter has been given a reasonable opportunity to
make a representation in the matter.
17. Project exports:
(1) Where an export of goods or services is proposed to be made on deferred
payment terms or in execution of a turnkey project or a civil construction
contract, the exporter shall, before entering into any such export arrangement, submit
the proposal for prior approval of the approving authority, which shall consider the
proposal in accordance with the guidelines issued by the Reserve Bank of India from
time to time.
(2) In case a guarantee is required to be given prior to post award approval, the
same may be issued by an authorized dealer bank/ a person resident in India being
an exporting company, for performance of a project outside India, or for availing of
credit facilities, whether fund-based or non-fund based, from a bank or a financial
institution outside India in connection with the execution of such project, provided that
the contract / Letter of Award stipulates such requirements. Explanation:
For the purpose of this Regulation, 'approving authority' means the EXIM Bank of India or the
authorised dealer.
❖ Realisation and repatriation of foreign exchange [Section 8]
Foreign Exchange is a common resource and has a vital impact on interest rates and inflation.
The funds belong to the individual but the equivalent foreign exchange belongs to the
Government of India. Therefore all foreign exchange should be realized, repatriated and
surrendered to the Reserve Bank through Authorised Persons. Permitted amounts can be
held as foreign currency as per the guidelines issued from time to time.

Where any amount of foreign exchange is due or has accrued to any person resident in India,
such person shall take all reasonable steps to realise and repatriate to India such foreign
exchange within such period and in such manner as may be specified by the Reserve Bank.
Exemption from realisation and repatriation in certain cases [Section 9]
The provisions of sections 4 and 8 shall not apply to the following, namely: —
(a) possession of foreign currency or foreign coins by any person up to such limit as the
Reserve Bank may specify
(b) foreign currency account held or operated by such person or class of persons and the
limit up to which the Reserve Bank may specify
(c) foreign exchange acquired or received before the 8th day of July, 1947 or any income
arising or accruing thereon which is held outside India by any person in pursuance of
a general or special permission granted by the Reserve Bank;
(d) foreign exchange held by a person resident in India up to such limit as the Reserve
Bank may specify, if such foreign exchange was acquired by way of gift or inheritance
from a person referred to in clause (c), including any income arising there from;
(e) foreign exchange acquired from employment, business, trade, vocation, services,
honorarium, gifts, inheritance or any other legitimate means up to such limit as the
Reserve Bank may specify; and
(f) such other receipts in foreign exchange as the Reserve Bank may specify.
6 AUTHORISED PERSON [SECTION 10]

The term authorised person is defined under Section 2(c) of the Act to mean an authorised dealer,
money changer, off-shore banking unit or any other person authorised to deal in foreign exchange
or foreign securities.
Off Shore Banking Unit
An Off Shore Banking Unit means a branch of a bank in India, located in the Special Economic Zone.
Although such an Off Shore Banking Unit may have a licence to operate as an Authorised Dealer, it
shall not be regarded as an Authorised Dealer under Foreign Exchange Management Act, 1999.
An Off Shore Banking Unit shall NOT conduct any activity or undertake any transaction with
residents in India. An Off Shore Banking Unit may undertake any transaction with any Authorised
Dealer in India on Principal-to-Principal basis. Off Shore Banking Units are meant to facilitate units
in Special Economic Zones and may undertake transactions in Foreign Exchange with a unit in the
Special Economic Zone to the extent the latter is eligible to enter into or undertake such transactions.

The RBI has the power to appoint authorised person under Section 10 of the Act.
Any person may be authorised by the Reserve Bank of India, on an application made to it in this
behalf, to deal in Foreign exchange or in foreign securities. Such an authorised person may function
as an authorised dealer, money changer or offshore banking unit or in any other manner as he
deems fit.
Any such authorisation made by the RBI shall be in writing and shall be subject to the conditions laid
down in the authorisation.
An authorized person must, in all his dealings in foreign exchange or foreign security, comply with
such general or special directions or orders as the Reserve Bank may, from time to time, think fit to
give. Also, except with the previous permission of the Reserve Bank, an authorized person may not
engage in any transaction involving any foreign exchange or foreign security, which is not in
conformity with the terms of his authorization.
Before commencement of any transactions in Foreign exchange on behalf of any person, an
authorised person must insist that such person should make a declaration and give whatever
information is required in order to satisfy him that the transaction will not involve and is not designed
to contravene or evade the provisions of this Act or any Rule, Regulation, Notification, Direction , or
order made under this Act. If such person refuses to abide by such requirement or his compliance
is not good enough, the authorised person shall refuse in writing to undertake the transaction. If the
authorised person has reason to believe that any such contravention or evasion (as aforesaid) is
contemplated by the other person, the authorised person shall report the matter to the Reserve Bank
of India.
If any person, other than an authorized person, who has acquired or purchased foreign exchange
for any purpose mentioned in the declaration made by him to authorized person
• Does not use it for such purpose or
• Does not surrender it to the authorized person within the specified period or
• Uses the foreign exchange so acquired or purchased for any other purpose for which
purchase or acquisition of foreign exchange is not permissible under the provisions of the Act
or the rules or regulations or direction or order made there under
Such person shall be deemed to have committed contravention of the provisions of the Act.
Any authorisation given by the Reserve Bank of India may be revoked by it, at any time, if it is
satisfied that: -
1. It is in public interest so to do, or
2. The authorised person has failed to comply with the conditions laid down in the auth orisation.
3. The authorised person has contravened any of the provisions of this Act or any Rule,
Regulation, Notification, Direction, or order made under this Act.

An authorisation shall not be revoked on grounds mentioned in 2 and 3 above, unless the au thorised
person has been given a reasonable opportunity of making a representation in
❖ Reserve Bank’s powers to issue directions to authorised person [Section 11]
In order to secure strict compliance with the provisions of this Act and of any Rules, Regulat ions,
Notifications, or directions, the Reserve Bank may direct the authorised persons with regard to
1. Matters pertaining to
(i) Making of payment; or
(ii) The doing or desisting from doing of any act relating to Foreign Exchange or foreign
security.
2. Furnishing such information, in such manner, as it deems fit.
Penalty for Contravention of Directions by an Authorised Person
Where any authorised person contravenes any direction given by the Reserve Bank under this Act
or fails to file any return as directed by the Reserve Bank, the Reserve Bank may, after giving
reasonable opportunity of being heard, impose on the authorised person a penalty which may extend
to ten thousand rupees and in the case of continuing contravention with an addi tional penalty which
may extend to two thousand rupees for every day during which such contravention continues.
Note: The Authorized person shall be given a reasonable opportunity of being heard before imposing
penalty.
Power of Reserve Bank to inspect authorised person [Section 12]
It shall appear to the Reserve Bank that it is necessary and expedient to cause an inspection of the
business of any Authorised person. There upon, it may at any time specially authorize any officer,
in writing to inspect such business, Such an inspection may be made for the following purpose:-
1. Verification of the correctness of any statement, information, or particulars furnished to the
Reserve Bank.
2. Obtaining any information or particulars, which such authorised person, has failed to furnish,
on being called upon to do so.
3. Securing compliance with the provisions of this Act or of any Rules, Regulations, Directions,
or orders made under the Act.
Every authorised person is duty-bound
(i) to produce such books, accounts and other documents in his custody or power to the officer
making the inspection, and
(ii) to furnish any statement relating to the affairs of such person, company or firm.

In the case of company or firm it shall be the duty of every director, partner or o ther officer of such
company or firm.
7. CONTRAVENTIONS AND PENALTIES IN BRIEF

Section No. Contravention Quantum of Penalty
Section 11 By Authorised person any direction by ➢ UptoRs.10,000.
RBI or failure to file any return as ➢ If continuing offence additional
directed by RBI penalty uptoRs2,000 per day.
Section 13 Of any provision of the Act, or any ➢ Upto three times, the sum
rule, regulation, notification, direction involved, if it is quantifiable.
or order or of any condition subject to ➢ If not quantifiable upto ` 2 lacs.
which an authorisation issued
➢ If continuing offence, further
penalty upto ` 5,000 per day after
first day.
Section Acquisition of any foreign exchange, ➢ Upto three times, the sum
13(1A) and foreign security or immovable involved.
13(1C) property, situated outside India, of the ➢ confiscation of the value
aggregate value exceeding the equivalent of foreign assets
threshold prescribed under the involved in contravention,
proviso to sub-section (1) of section situated in India.
37A
➢ Imprisonment upto 5 years with a
fine if the amount of
contravention exceeds the
threshold prescribed under the
proviso to sub-section (1) of
section 37A.
Section 14 Failure to pay penalty as above Civil imprisonment.
– where demand is of an amount ➢ Upto 3 years
exceeding ` 1 crore. ➢ Upto 6 months.
– in any other case
Any Adjudicating Authority adjudging any contravention under section 13(1), may, if he thinks fit in
addition to any penalty which he may impose for such contravention direct that any currency, security
or any other money or property in respect of which the contravention has taken place shall be
confiscated to the Central Government and further direct that the foreign exchange holdings, if any
of the person committing the contraventions or any part thereof, shall be brought back into India or
shall be retained outside India in accordance with directions made in this behalf.

Explanation: For the purposes of this sub-section, “property” in respect of which contravention has
taken place, shall include:
(a) deposits in a bank, where the said property is converted into such deposits;
(b) Indian currency, where the said property is converted into that currency; and
(c) any other property, which has resulted out of the conversion of that property.
❖ Enforcement of the orders of Adjudicating Authority [Section 14]
(1) In case of failure to make full payment of the penalty: if any person fails to make full
payment of the penalty imposed on him under section 13 within a period of ninety days from
the date on which the notice for payment of such penalty is served on him, he shall be liable
to civil imprisonment under this section.
(2) Order of arrest and detention in civil prison: No order for the arrest and detention in civil
prison of a defaulter shall be made unless the Adjudicating Authority has issued and served
a notice upon the defaulter calling upon him to appear before him on the date specified in the
notice and to show cause why he should not be committed to the civil prison, and unless the
Adjudicating Authority, for reasons in writing, is satisfied:
(a) that the defaulter, with the object or effect of obstructing the recovery of penalty, has
after the issue of notice by the Adjudicating Authority, dishonestly transferred
concealed, or removed may part of his property, or
(b) that the defaulter has, or has had since the issuing of notice by the Adjudicating
Authority, the means to pay the arrears or some substantial part thereof and refuses
or neglects or has refused or neglected to the same.
(3) Issue of warrant for the arrest of the defaulter: a warrant for the arrest of the defaulter
may be issued by the Adjudicating Authority if the Adjudicating authority is satisfied, by
affidavit or otherwise, that with the object or effect of delaying the execution of the certificate
the defaulter is likely to abscond or leave the local limits of the jurisdiction of the Adjudicating
Authority.
(4) In case of absence pursuant to the notice served: Where appearance is not made
pursuant to a notice issued and served, the Adjudicating Authority may issue a warrant for
the arrest of the defaulter.
(5) Every person arrested in pursuance of a warrant of arrest shall be brought before the
Adjudicating Authority issuing the warrant as soon as practicable and in any event within
twenty-four hours of his arrest (exclusive of the time required for the journey);
Provided that, if the defaulter pays the amount entered in the warrant of arrest as due and
the costs of the arrest to the officer arresting him, such officer shall at once release him.

Default by HUF: Where the defaulter is a Hindu undivided family, the karta thereof shall be
deemed to be the defaulter.
(6) Where a defaulter appears before the Adjudicating Authority pursuant to a notice ,the
Adjudicating Authority shall give the defaulter an opportunity showing cause when he should
not be committed to the civil prison.
(7) In case of pending of an inquiry: the adjudicating Authority may, in his discretion, order the
defaulter to be detained in the custody of such officer as the Adjudicating Authority may think
fit or release him on his furnishing the security to the satisfaction of the Adjudicating Authority
for his appearance as and when required.
(8) Upon the conclusion of the inquiry: the Adjudicating Authority may make an order for the
detention of the defaulter in the civil prison and shall in that event cause him to be arrested if
he is not already under arrest:
(9) Upon satisfaction of arrears: Provided that in order to give a defaulter an opportunity of
satisfying the arrears, the Adjudicating Authority may, before making the order of detention,
leave the defaulter in the custody of the officer arresting him or of any other officer for a
specified period not exceeding fifteen days, or release him on his furnishing security to the
satisfaction of the adjudicating authority for his appearance at the expiration of the specified
period if the arrears are not satisfied.
(10) Order of release: When the Adjudicating Authority does not make an order of detention, he
shall, if the defaulter is under arrest, direct his release.
(11) Every person detained in the civil prison in execution of the certificate may be so detained:
(a) where the certificate is for a demand of an amount exceeding rupees one crore, up to
three years, and
(b) in any other case, up to six months:
Provided that he shall be released from such detention on the amount mentioned in the
warrant for his detention being paid to the officer-in-charge of the civil prison.
(12) Defaulter liable for payment of arrears: A defaulter released from detention under this
section shall not, merely by reason of his release, be discharged from his liability for the
arrears, but he shall not be liable to be arrested under the certificate in execution of which he
was detained in the civil prison.
(13) Execution of detention order: A detention order may be executed at any place in India in
the manner provided for the execution of warrant of arrest under the Code of Criminal
Procedure, 1973.
❖ Power to recover arrears of penalty [Section 14A]
(1) The Adjudicating Authority may, by order in writing, authorise an officer of Enforcement (not
below the rank of Assistant Director) to recover any arrears of penalty from any person who

fails to make full payment of penalty imposed on him under section 13 within the period of
ninety days from the date on which the notice for payment of such penalty is served on him.
(2) The officer of Enforcement, shall exercise all the like powers which are conferred on the
income-tax authority in relation to recovery of tax under the Income-tax Act, 1961 and the
procedure laid down under the Second Schedule to the said Act shall mutatis mutandis apply
in relation to recovery of arrears of penalty under this Act.
8. COMPOUNDING OF OFFENCES
Compounding Authority: Persons authorized by Central Government under section 15 i.e. classes
of officers of the Enforcement Directorate and classes of officers of the RBI can act as Compounding
Authority.
According to section 15:
(1) Period of compounding of an offence: Any contravention under section 13 may, on an
application made by the person committing such contravention, be compounded within one
hundred and eighty days from the date of receipt of application by the Director of Enforcement
or such other officers of the Directorate of Enforcement and Officers of the Reserve Bank as
may be authorised in this behalf by the Central Government in such manner as prescribed
under the Foreign Exchange (Compounding Proceedings) Rules, 2000.
(2) In case of compounding, no proceeding may be initiated: Where a contravention has
been compounded, no proceeding or further proceeding, as the case may be, shall be initiated
or continued, as the case may be, against the person committing such contravention under
that section, in respect of the contravention so compounded.
9. ADJUDICATION AND APPEAL

Time limits
Section No. Obligation Time Limit
Section 14 Full penalty to be paid Within 90 days from the date on which
notice for payment of penalty is
served.
Section 15 Compounding of Contravention Within 180 days of receipt of
under section 13 application by Directorate of
Enforcement or RBI
Section 16 Complaint under section 16(1) to Within 1 year of receipt of complaint.
be dealt by Adjudicated Authority

Section 17 Appeal to Special Director Within 45 days from receipt of order.

(Appeals)
Section 19 Appeal to Appellate Tribunal Within 45 days from receipt of order.
Section 19(5) Appeal to be dealt with by Will try to dispose off the appeal within
Appellate Tribunal 180 days from receipt of appeal.
Section 35 Appeal to High Court Within 60 days of communication of
order or decision.
❖ Appointment of Adjudicating Authority

For the purpose of adjudication under section 13, the Central Government may, by an order
published in the Official Gazette, appoint as many officers of the Central Government as it may think
fit, as the Adjudicating Authorities for holding an inquiry in the manner prescribed after giving the
person alleged to have committed contravention under section 13, against whom a complaint has
been made under sub-section (3) (hereinafter in this section referred to as the said person) a
reasonable opportunity of being heard for the purpose of imposing any penalty:
Provided that where the Adjudicating Authority is of opinion that the said person is likely to abscond
or is likely to evade in any manner, the payment of penalty, if levied, it may direct the said person to
furnish a bond or guarantee for such amount and subject to such conditions as it may deem fit.
[Section 16 (1)]
Every Adjudicating Authority shall deal with the complaint as expeditiously as possible and
endeavour shall be made to dispose of the complaint finally within one year from the date of receipt
of the complaint:
Provided that where the complaint cannot be disposed of within the said period, the Adjudicating
Authority shall record periodically the reasons in writing for not disposing of the complaint within the
said period. [Section 16 (6)]
❖ Appeal to Special Director (Appeals)
(1) The Central Government shall, by notification, appoint one or more Special Directors
(Appeals) to hear appeals against the orders of the Adjudicating Authorities under this section
and shall also specify in the said notification the matter and places in relation to which the
Special Director (Appeals) may exercise jurisdiction. [Section 17(1)]
(2) Any person aggrieved by an order made by the Adjudicating Authority, being an Assistant
Director of Enforcement or a Deputy Director of Enforcement, may prefer an appeal of the
Special Director (Appeals). [Section 17(2)]
(3) Every appeal shall be filed within forty-five days from the date on which the copy of the order
made by the Adjudicating Authority is received by the aggrieved person. [Section 17(3)]

(4) The Special Director (Appeals) may entertain an appeal after the expiry of the said period of
forty-five days, if he is satisfied that there was sufficient cause for not filing it within that
period.
❖ Appeal to Appellate Tribunal [Section 18]
The Appellate Tribunal constituted under section 12(1) of the Smugglers and Foreign Exchange
Manipulators (Forfeiture of Property) Act, 1976, (SAFEMA) shall be the Appellate Tribunal for the
purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and
authority conferred on it by or under this Act.[Section 18].
The Central Government or any person aggrieved by an order made by an Adjudicating Authority,
other than those referred to in sub-section (1) of section 17, or the Special Director (Appeals), may
prefer an appeal to the Appellate Tribunal[Section 19(1)]. Every appeal shall be filed within a period
of forty-five days from the date on which a copy of the order made by the Adjudicating Authority or
the Special Director (Appeals) is received by the aggrieved person or by the Central Government.
[Section 19(2)].Where any appeal could not be disposed of within the said period of one hundred
and eighty days, the Appellate Tribunal shall record its reasons in writin g for not disposing of the
appeal within the said period.[Section 19(5)]
❖ Appeal to High Court (Section 35)
Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the
High Court within sixty days from the date of communication of the decision or order of the Appellate
Tribunal on any question of law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient
cause from filing the appeal within the said period, allow it to be filed within a further period not
exceeding sixty days.
Explanation: In this section “High Court” means:
(a) the High Court within the jurisdiction of which the aggrieved party ordinarily resides or carries
on business or personally works for gain; and
(b) where the Central Government is the aggrieved party, the High Court within the jurisdiction
of which the respondent, or in a case where there are more than one respondent, any of the
respondents, ordinarily resides or carries on business or personally works for gain.
10. DIRECTORATE OF ENFORCEMENT

❖ Directorate of Enforcement (Section 36)
(1) The Central Government shall establish a Directorate of Enforcement with a Director and
such other officers or class of officers as it thinks fit, who shall be called officers of
Enforcement, for the purposes of this Act.

(2) the Central Government may authorise the Director of Enforcement or an Additional Director
of Enforcement or a Special Director of Enforcement or a Deputy Director of Enforcement to
appoint officers of Enforcement below the rank of an Assistant Director of Enforcement.
(3) Subject to such conditions and limitations as the Central Government may impose, an officer
of Enforcement may exercise the powers and discharge the duties conferred or imposed on
him under this Act.
Power of search and seizure: The Director of Enforcement and other officers of Enforcement, not
below the rank of an Assistant Director, shall take up for investigation the contravention r eferred to
in section 13. [Section 37(1)]
❖ Empowering other officers (Section 38)
(1) The Central Government may, by order and subject to such conditions and limitations as it
thinks fit to impose, authorise any officer of customs or any central excise officer or any police
officer or any other officer of the Central Government or a State Government to exercise such
of the powers and discharge such of the duties of the Director of Enforcement or any other
officer of Enforcement under this Act as may be stated in the order.
(2) The officers referred to in sub-section (1) shall exercise the like powers which are conferred
on the income-tax authorities under the Income-tax Act, 1961, subject to such conditions and
limitations as the Central Government may impose.
11. MISCELLANEOUS
❖ Presentation as to documents in certain cases [Section 39]
Where any document:
(i) is produced or furnished by any person or has been seized from the custody or control of any
person, in either case, under this Act or under any other law; or
(ii) has been received from any place outside India (duly authenticated by such authority or
person and in such manner as may be prescribed) in the course of investigation of any
contravention under this Act alleged to have been committed by any pe rson, such document
is tendered in any proceeding under this Act in evidence against him, or against him and any
other person who is proceeded against jointly with him, the court or the Adjudicating Authority,
as the case may be, shall:
(a) presume, unless the contrary is proved, that the signature and every other part of such
document which purports to be in the handwriting of any particular person or which the
court may reasonably assume to have been signed by, or to be in the handwriting of
any particular person, is in that person’s handwriting and in the case of a document
executed or attested, that it was executed or attested by the person by whom it
purports to have been so executed or attested;

(b) admit the document in evidence notwithstanding that it is not duly stamped, if such
document is otherwise admissible in evidence;
(c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth
of the contents of such document.
❖ Suspension of operation of this Act [Section 40]
(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary
that any permission granted or restriction imposed by this Act should cease to be granted or
imposed, or if it considers necessary or expending so to do in public interest, the Central
Government may, by notification, suspend or relax to such extent either indefinitely or for
such period as may be notified, the operation of all or any of the provisions of this Act.
(2) Where the operation of any provision of this Act has under sub-section (1) been suspended
or relaxed indefinitely, such suspension or relaxation may, at any time while this Act remains
in force, be removed by the Central Government by notification.
(3) Every notification issued under this section shall be laid, as soon as may be after it issued,
before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the notification or both Houses agree that
the notification should not be issued, the notification shall thereaft er have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done under that
notification.
❖ Power of Central Government to give directions [Section 41]
For the purposes of this Act, the Central Government may, from time to time, give to the Reserve
bank such general or special directions as it thinks fit, and the Reserve bank shall, in the discharge
of its functions under this Act, comply with any such directions.
❖ Contravention by companies [Section 42]
(1) Where a person committing a contravention any of the provisions of this Act or of any
rule, direction or order made thereunder is a company, every person who, at the time the
contravention was committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company as well as the company, shall be deemed to be guilty
of the contravention and shall be liable to be proceeded against and punished accordingly
[Sub-section (1)].
Provided that nothing contained in this sub-section shall render any such person liable to
punishment if he proves that the contravention took place without his knowledge or that he
exercised due diligence to prevent such contravention.

(2) Where contravention of any of the provisions of this Act or of any rule, direction or
order made thereunder has been committed by a company and it is proved that the
contravention has taken place with the consent or connivance of, or is attributable to any
neglect on the part of, any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer of the company shall also be deemed to be guilty
of the contravention and shall be liable to be proceed against and punished accordingly.
Explanation: For the purpose of this Section—
(i) “Company” means anybody corporate and includes a firm or other association of
individuals; and
(ii) “Director” in relation to a firm, means a partner in the firm.
❖ Death or insolvency in certain cases [Section 43]
Any right, obligation, liability, proceedings or appeal arising in relation to the provision of section 13
shall not abate by reason of death or insolvency of the person liable un der that section and upon
such death or insolvency such rights and obligations shall devolve on the legal representative of
such person or the official receiver or the official assignee, as the case may be:
Provided that a legal representative of the deceased shall be liable only to the extent of the
inheritance or estate of the deceased.
❖ Bar Legal proceedings [Section 44]
No suit, prosecution or other legal proceeding shall lie against the Central Government or the
Reserve Bank or any officer of that Government or of the Reserve Bank or other person exercising
any power or discharging any functions or performing any duties under this Act, for anything in good
faith done or intended to be done under this Act or any rule, regulation, notification, direction o r order
made thereunder.
Students may note that though they are not expected to know the details of all the Rules/
Regulations/Clarifications/Notifications issued by various authorities from time to time.
However, they should familiarise with such Notifications and other significant
rules/regulations having a bearing on such provisions of the Act and which are covered
as part of the Study Material and Revision Test Papers published from time to time.

TEST YOUR KNOWLEDGE

Questions
1. ‘Printex Computer’ is a Singapore based company having several business units all over the
world. It has a unit for manufacturing computer printers with its Headquarters in Pune. It has
a Branch in Dubai which is controlled by the Headquarters in Pune. What would be the
residential status under the FEMA, 1999 of printer units in Pune and that of Dubai branch?
2. Mr. Sane, an Indian National desires to obtain Foreign Exchange for the following purposes:
(i) Remittance of US Dollar 50,000 out of winnings on a lottery ticket.
(ii) US Dollar 100,000 for sending a cultural troupe on a tour of U.S.A.
Advise him whether he can get Foreign Exchange and if so, under what conditions?
3. State which kind of approval is required for the following transactions under the Foreign
Exchange Management Act, 1999:
(i) X, a Film Star, wants to perform along with associates in New York on the occasion of
Diwali for Indians residing at New York. Foreign Exchange drawal to the extent of US
dollars 20,000 is required for this purpose.
(ii) R wants to get his heart surgery done at United Kingdom. Up to what limit Foreign
Exchange can be drawn by him and what are the approvals required?
4. Referring to the provisions of the Foreign Exchange Management Act, 1999, exami ne
whether V, an exporter is bound to make declaration of a gift of Jewellery valued at ` 20,000
exported from India to United Kingdom.
5. Referring to the provisions of the Foreign Exchange Management Act, 1999, state the kind of
approval required for the following transactions:
(i) M requires U.S. $ 5,000 for remittance towards hiring charges of transponders.
(ii) P requires U.S. $ 2,000 for payment related to call back services of telephones.
6. Suresh resided in India during the Financial Year 2013-14. He left India on 15th July, 2014
for Switzerland for pursuing higher studies in Biotechnology for 2 years. What would be his
residential status under the Foreign Exchange Management Act, 1999 during the Financial
Years 2014-15 and 2015-16?
Mr. Suresh requires every year USD 25,000 towards tuition fees and USD 30,000 for
incidental and stay expenses for studying abroad. Is it possible for Mr. Suresh to get the
required Foreign Exchange and, if so, under what conditions?
7. (i) Mr. P has won a big lottery and wants to remit US Dollar 20,000 out of his winnings to
his son who is in USA. Advise whether such remittance is possible under the Foreign
Exchange Management Act, 1999.

(ii) Mr. Z is unwell and would like to have a kidney transplant done in USA. He would like
to know the formalities required and the amount that can be drawn as foreign exchange
for the medical treatment abroad.
8. Mr. Rohan, an Indian Resident individual desires to obtain Foreign Exchange for the following
purposes:
(A) US$ 120,000 for studies abroad on the basis of estimates given by the foreign
university.
(B) Gift Remittance amounting US$ 10,000.
Advise him whether he can get Foreign Exchange and if so, under what condition(s)?
Answer to Questions
1. Printex Computer being a Singapore based company would be person resident outside India
[(Section 2(w)]. Section 2 (u) defines ‘person’ under clause (viii) thereof, as person would
include any agency, office or branch owned or controlled by such person. The term such
person appears to refer to a person who is included in clause (i) to (vi). Accordingly , Printex
unit in Pune, being a branch of a company would be a ‘person’.
Section 2(v) defines a person resident in India. Under clause (iii) thereof person resident in
India would include an office, branch or agency in India owned or controlled by a person
resident outside India. Printex unit in Pune is owned or controlled by a person resident outside
India, and hence it, would be a ‘person resident in India.’
However, Dubai Branch though not owned is controlled by the Printer unit in Pune which is a
person resident in India. Hence, the Dubai Branch is a person resident in India.
2. Under provisions of section 5 of the Foreign Exchange Management Act, 1999 certain Rules
have been made for drawal of Foreign Exchange for Current Account transactions. As per
these Rules, Foreign Exchange for some of the Current Account transactions is prohibited.
As regards some other Current Account transactions, Foreign Exchange can be drawn with
prior permission of the Central Government while in case of some Current Account
transactions, prior permission of Reserve Bank of India is required.
(i) In respect of item No.(i), i.e., remittance out of lottery winnings, such remittance is
prohibited and the same is included in First Schedule to the Foreign Exchange
Management (Current Account Transactions) Rules, 2000. Hence, Mr. Sane can not
withdraw Foreign Exchange for this purpose.
(ii) Foreign Exchange for meeting expenses of cultural tour can be withdrawn by any
person after obtaining permission from Government of India, Ministry of Human
Resources Development, (Department of Education and Culture) as prescribed in
Second Schedule to the Foreign Exchange Management (Current Account
Transactions) Rules, 2000. Hence, in respect of item (ii), Mr. Sane can withdraw the
Foreign Exchange after obtaining such permission.

In all the cases, where remittance of Foreign Exchange is allowed, either by general or
specific permission, the remitter has to obtain the Foreign Exchange from an Authorised
Person as defined in Section 2(c) read with section 10 of the Foreign Exchange Management
Act, 1999.
3. Approval to the following transactions under FEMA, 1999:
(i) Foreign Exchange drawals for cultural tours require prior permission/approval of the
Ministry of Human Resources Development (Department of Education and Culture)
irrespective of the amount of foreign exchange required. Therefore, in the given case
X, the Film Star is required to seek permission of the said Ministry of the Government
of India.
(ii) Individuals can avail of foreign exchange facility within the limit of USD 2,50,000 only.
Any additional remittance in excess of the said limit for the expenses requires an
approval from RBI. However in connection with medical treatment abroad, no approval
of the Reserve Bank of India is required. Therefore, R can draw foreign exchange up
to amount estimated by a medical institute offering treatment.
4. In accordance with provisions of the FEMA, 1999 as contained in section 7 read with section
8, an exporter shall make appropriate declaration of the value of the goods being exported
and he is also required to repatriate the foreign exchange due to India in respec t of such
exports to India in the manner within the time as may be prescribed. Under section 8, the
exporter is under an obligation to realise and repatriate to India such foreign. However, if
there is an delay in the receipt of export, it will not be a violation which shall be punishable.
Section 8 applies to a resident who shall take all the reasonable steps, depending upon the
individual case.
There are certain categories of export for which declaration need not be made. These are
given under the Regulation 4 of the Foreign Exchange Management (Export of Goods &
Services) Regulations, 2015. According to the regulation, export of goods by way of gift shall
be accompanied by a declaration by the exporter that they are not more than five lakh rupees
in value. Taking into consideration the above, since the value of gift of jewellery to V’s friend
in the United Kingdom is less than ` 5 lac in value, the gift does not need any declaration to
be furnished by exporter to the specified authority.
5. Under section 5 of the Foreign Exchange Management Act, 1999, and Rules relating thereto,
some current account transactions require prior approval of the Central Government, some
others require the prior approval of the Reserve Bank of India, some are free ly permitted
transactions and some others are prohibited transactions. Accordingly,
(i) It is a current account transaction, where M is required to take approval of the Central
Government for drawal of foreign exchange for remittance of hire charges of
transponders.

(ii) Withdrawal of foreign exchange for payment related to call back services of telephone
is a prohibited transaction. Hence, Mr. P cannot obtain US $ 2,000 for the said
purpose.
6. Residential Status: According to section 2(v) of the Foreign Exchange Management
Act, 1999, ‘Person resident in India’ means a person residing in India for more than 182 days
during the course of preceding financial year [Section 2(v)(i)]. However, it does not include
a person who has gone out of India or who stays outside India for employment outside India
or for any other purpose in such circumstances as would indicate his intention to stay outside
India for an uncertain period.
Generally, a student goes out of India for a certain period. In this case, Mr. Suresh who
resided in India during the financial year 2013-14 left on 15.7.2014 for Switzerland for
pursuing higher studies in Biotechnology for 2 years, he will be resident as he has gone to
stay outside India for a ‘certain period’ RBI has however clarified in its AP circular no. 45
dated 8th December 2003, that students will be considered as non-residents. This is because
usually students start working there to take care of their stay and cost of studies.
Mr. Suresh will not be resident during the Financial Year 2015-2016 as he did not stay in
India during the relevant previous financial year i.e. 2014-15.
Foreign Exchange for studies abroad: According to Para I of Schedule III to Foreign Exchange
Management (Current Account Transactions), Amendment Rule, 2015 dated 26th May ,
2015, individuals can avail of foreign exchange facility for the studies abroad within the limit
of USD 2,50,000 only. Any additional remittance in excess of the said limit shall require prior
approval of the RBI. Further proviso to Para I of Schedule III states that individual may be
allowed remittances (without seeking prior approval of the RBI) exceeding USD 2,50,000
based on the estimate received from the institution abroad. In this case the foreign exchange
required is only USD 55,000 per academic year and hence approval of RBI is not required .
7. Remittance of Foreign Exchange (Section 5 of the Foreign Exchange Management Act,
1999): According to section 5 of the FEMA, 1999, any person may sell or draw foreign
exchange to or from an authorized person if such a sale or drawal is a current account
transaction. Provided that Central Government may, in public interest and in consultation with
the reserve bank, impose such reasonable restrictions for current account transactions as
may be prescribed.
As per the rules, drawal of foreign exchange for current account transactions are categorized
under three headings-
1. Transactions for which drawal of foreign exchange is prohibited,
2. Transactions which need prior approval of appropriate government of India for drawal
of foreign exchange, and
3. Transactions which require RBI's prior approval for drawl of foreign exchange.

(i) Mr. P wanted to remit US Dollar 20,000 out of his lottery winnings t o his son
residing in USA. Such remittance is prohibited and the same is included in the
Foreign Exchange Management (Current Account Transactions) Rules, 2000.
Hence Mr. P cannot withdraw foreign exchange for this purpose.
(ii) “Remittance of foreign exchange for medical treatment abroad” requires prior
permission or approval of RBI where the individual requires withdrawal of
foreign exchange exceeding USD 250,000. The Schedule also prescribes that
for the purpose of expenses in connection with medical treatment, the individual
may avail of exchange facility for an amount in excess of the limit prescribed
under the Liberalized Remittance Scheme, if so required by a medical institute
offering treatment.
Therefore, Mr. Z can draw foreign exchange up to the USD 250,000 and no prior permission/
approval of RBI will be required. For amount exceeding the above limit, authorised dealers
may release foreign exchange based on the estimate from the doctor in India or hospital or
doctor abroad.
8 (A) Remittance of Foreign Exchange for studies abroad: Foreign exchange may be
released for studies abroad up to a limit of US $ 250,000 for the studies abroad without
any permission from the RBI. Above this limit, RBI’s prior approval is required. Further
proviso to Para I of Schedule III states that individual may be allowed remittances
exceeding USD 250,000 based on the estimate received from the institution abroad.
In this case since US $ 120,000 is the drawal of foreign exchange, so permission of
the RBI is not required.
(B) Gift remittance exceeding US $ 10,000: Under the provisions of Section 5 of FEMA
1999, certain Rules have been made for drawal of foreign exchange for current
account transactions. Gift remittance is a current account transaction. Gift remittance
exceeding US $ 250,000 can be made after obtaining prior approval of the RBI. In the
present case, since the amount to be gifted by an individual, Mr. Rohan is USD 10,000,
there is no need for any permission from the RBI.

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1

THE FOREIGN EXCHANGE

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Broad Structure of FEMA

Chapters Matters Sections

2. PREAMBLE, EXTENT, APPLICATION AND

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(ii) any person or body corporate registered or incorporated in India,

4. RESIDENTIAL STATUS UNDER FEMA, 1999

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5. REGULATION AND MANAGEMENT OF FOREIGN

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2Schedule I (Transactions which are prohibited)-Foreign Exchange Management (Current Account

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Purpose of Remittance Ministry/Department of Govt. of India

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Remittance of prize money/sponsorship of Ministry of Human Resource Development

4 Schedule III- Notification no G.S.R. 426(E) dated 26th May 2015

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disputes about quantity or quality or non-fulfilment of terms of contract; financial

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Service importer Amount of guarantee

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Where the service importer is a Public Sector no guarantee for an amount

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5 Amended w.e.f. 15-10-2019

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9Sub-section (3) omitted w.e.f. 15-10-2019

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10Inserted .w.e.f. 15-10-2019

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(II) transaction on which restrictions cannot be imposed; and

12Substituted by Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment)

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13Insertedby Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment)

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(iii) In agricultural or plantation activities;

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iv Recognised The lender should be resident of FATF or 21IOSCO compliant country,

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domestically for capital expenditure

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