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Untitled Document
Updated as on April 20, 2004 Reserve
Bank of India Exchange Control Department Central Office Mumbai -
400 001 Master Circular .No.5 To
All Authorised Dealers in Foreign Exchange Madam/Dear
Sir, Master Circular
– Miscellaneous Remittances from India As
your are aware, the Foreign Exchange Management Act, 1999 has been introduced
with effect from June 1, 2000. In terms of section 5 of the Act, any person may
sell or draw foreign exchange to and from an authorised person for a current account
transaction. However, Central Government has been empowered to impose certain
restrictions for current account transaction in public interest and in consultation
with Reserve Bank. Accordingly, Government of India issued Notification No.GSR
381(E) dated May 3, 2000 as amended vide its Notification No.S.O.301(E) dated
March 30, 2001 covering the remittance facilities for residents. 2.
Reserve Bank of India has also, in the recent past, announced a series of additional
remittance facilities to NRIs/PIO for various purposes in the context of on going
liberalisations under FEMA 1999. 3.
In order to enable the Authorised Dealers (ADs) and Full-Fledged Money Changers
(FFMCs) to have all the existing instructions on the subject of 'Miscellaneous
Remittances from India' as on July1, 2003, at one place, a Master Circular has
been prepared covering facilities for residents under Part A and for NRI/PIO and
other non residents at Part B. 4. This Master
Circular consolidates the directions contained in the undernoted circulars, as
on July 1, 2003: Circulars covered under
Part. A |
1. | A.P.(DIR
Series) Circular No.1/ A.P.(F.L. Series) Circular No.1 |
…. | June
1, 2000 | | 2. |
A.P.(DIR
Series) Circular No.19 | …. |
October 30, 2000 | |
3. | A.P.(DIR
Series) Circular No.20/ A.P.(F.L. Series) Circular No.2 |
…. | November
16, 2000 | | 4. |
A.P.(DIR
Series) Circular No.11/ A.P.(F.L. Series) Circular No.1 |
…. | November
13, 2001 | | 5. |
A.P.(DIR
Series) Circular No.12/ A.P.(F.L. Series) Circular No.2 |
…. | November
23, 2001 | | 6. |
EC.CO.FMD.599/18.08.01/2001-02 |
| January 21,2002 |
| 7. |
A.P.(DIR
Series) Circular No.16 | |
September 12,2002 | |
8. | AP
(DIR Series)Circular No.17 | …. |
September 12, 2002 | |
9. | AP
(DIR Series) Circular No.37 | |
November 1, 2002 | |
10. | A.P.(DIR
Series) Circular No.40 | …. |
November 5, 2002 | |
11. | A.P.(DIR
Series) Circular No.43 A.P.(F.L/R.L. Series) Circular No.1 |
…. | November
12, 2002 | | 12. |
A.P.(DIR
Series) Circular No.51 A.P.(F.L/R.L. Series) Circular No.2 |
…. | November
18, 2002 | | 13. |
AP
(DIR Series) Circular No.53 | …. |
November 23, 2002 | |
14. | AP
(DIR Series) Circular No.54 | …. |
November 25, 2002 | |
15. | AP
(DIR Series) Circular No.64 | …. |
December 24, 2002 | |
16. | AP
(DIR Series) Circular No.65 | …. |
January 6, 2003 | |
17. | AP
(DIR Series) Circular No.73 | …. |
January 24, 2003 | |
18. | AP
(DIR Series) Circular No.103 | …. |
May 21, 2003 | Circulars
covered under Part. B - AP
(DIR Series) Circular No.45…. May 14, 2002
- AP
(DIR Series) Circular No.1 ….July 2, 2002
- AP
(DIR Series) Circular No.5 . July 15, 2002
- AP
(DIR Series) Circular No.19… September 12, 2002
- AP
(DIR Series) Circular No.35 November 01, 2002
- AP
(DIR Series) Circular No.40 …November 5, 2002
- AP
(DIR Series) Circular No.46 …November 12, 2002
- AP
(DIR Series) Circular No.56 … November 26, 2002
- AP
(DIR Series) Circular No.59 … December 9, 2002
- AP
(DIR Series) Circular No.67 …January 13, 2003
- AP
(DIR Series) Circular No.101 May 5, 2003
- AP
(DIR Series) Circular No.104 May 31, 2003
Yours
faithfully, Grace Koshie Chief General
Manager Note: Reserve
Bank of India has, in a Press Release dated May 2, 2003, clarified that foreign
nationals, including Persons of Indian Origin, while in India, are free to pay
charges towards booking airline/train tickets, hotels, hospitals etc., either
in Indian Rupees or in equivalent foreign exchange. Updated
as on April 20, 2004 Part.
A Section
I NOTIFICATION New
Delhi, the 3rd May, 2000 (as
amended by Notification S.O.301(E) dated March 30,2001) G.S.R.381(E)---In
exercise of the powers conferred by Section 5 and sub-section (1) and clause (a)
of sub-section (2) of Section 46 of the Foreign Exchange Management Act, 1999,
and in consultation with the Reserve Bank, the Central Government having considered
it necessary in the public interest, makes the following rules, namely :-- 1.
Short title and commencement.---(1) These rules may be called the Foreign Exchange
Management (Current Account Transactions) Rules, 2000; (2) They shall come into
effect on the 1st day of June 2000. 2.
Definitions.---In these rules, unless the context otherwise requires :
- 'Act' means the Foreign Exchange
Management Act, 1999 (42 of 1999);
- 'Drawal'
means drawal of foreign exchange from an authorised person and includes opening
of Letter of Credit or use of International Credit Card or International Debit
Card or ATM Card or any other thing by whatever name called which has the effect
of creating foreign exchange liability;
- 'Schedule'
means a schedule appended to these rules;
- The
words and expressions not defined in these rules but defined in the Act shall
have the same meanings respectively assigned to them in the Act.
3.
Prohibition on drawal of Foreign Exchange.--- Drawal of foreign exchange by any
person for the following purpose is prohibited, namely:
a. a transaction specified in the Schedule I; or
b. a travel to Nepal and/or Bhutan; or
c. a transaction with a person resident in Nepal or Bhutan.
Provided
that the prohibition in clause (c) may be exempted by RBI subject to such terms
and conditions as it may consider necessary to stipulate by special or general
order. 4.
Prior approval of Govt. of India.---No person shall draw foreign exchange for
a transaction included in the Schedule II without prior approval of the Government
of India, Provided that
this Rule shall not apply where the payment is made out of funds held in Resident
Foreign Currency (RFC) and Resident Foreign Currency (Domestic) Account of the
remitter. 5.
Prior approval of Reserve Bank. - No person shall draw foreign exchange for a
transaction included in the Schedule III without prior approval of the Reserve
Bank; Provided
that this Rule shall not apply where the payment is made out of funds held in
Resident Foreign Currency (RFC) and Resident Foreign Currency (Domestic) Account
of the remitter. 6. (1) Nothing
contained in Rule 4 or Rule 5 shall apply to drawal made out of funds held in
Exchange Earners’ Foreign Currency (EEFC) account of the remitter. (2)
Notwithstanding anything contained in sub-rule (1), restrictions imposed under
rule 4 or rule 5 shall continue to apply where the drawal of foreign exchange
from the Exchange Earners Foreign Currency (EEFC) Account is for the purpose specified
in items 10 and 11 of Schedule II, or item 3, 4, 11, 16 & 17 of Schedule III as
the case may be. 7. Use of
International Credit Card while outside India- Nothing contained in Rule 5 shall
apply to the use of International Credit Card for making payment by a person towards
meeting expenses while such person is on a visit outside India. However,
the restrictions on the use of the card for prohibited items will continue.
Updated
as on April 20,2004 Schedule
I (See
Rule 3) - Remittance
out of lottery winnings.
- Remittance
of income from racing/riding etc. or any other hobby
- Remittance
for purchase of lottery tickets, banned/proscribed magazines, football pools,
sweepstakes, etc.
- Payment of commission
on exports made towards equity investment in Joint Ventures/ Wholly Owned Subsidiaries
abroad of Indian companies.
- Remittance
of dividend by any company to which the requirement of dividend balancing is applicable.
- Payment of commission on exports under
Rupee State Credit Route, except commission upto 10% of invoice value of exports
of tea and tobacco.
- Payment related
to 'Call Back Services' of telephones.
- Remittance
of interest income on funds held in Non-Resident Special Rupee (Account) Scheme.
Schedule
II (See Rule 4)
| Purpose of
Remittance | Ministry/Department
of Govt. of India whose approval is required | |
1. Cultural Tours |
Ministry of Human Resources Development, (Department
of Education and Culture) | |
2. Advertisement in foreign print media for the
purposes other than promotion of tourism, foreign investments and international
bidding (exceeding US $ 10,000) by a State Government and its Public Sector Undertakings
| Ministry of
Finance, (Department of Economic Affairs) | |
3. Remittance of freight of vessel chartered by
a PSU | Ministry
of Surface Transport, (Chartering Wing) | |
4. Payment of import by a Govt. Department or a
PSU on c.i.f. basis (i.e. other than f.o.b. and f.a.s. basis) |
Ministry of Surface Transport, (Chartering Wing)
| | 5.
Multi-modal transport operators making remittance to their agents abroad
| Registration
Certificate from the Director General of Shipping | |
6. Hiring of transponders by TV Channels and Internet
Service providers # | Ministry
of Information and Broadcasting | |
7. Remittance of container detention charges exceeding
the rate prescribed by Director General of Shipping |
Ministry of Surface Transport (Director General
of Shipping) | | 8.
Remittances under technical collaboration agreements where payment of royalty
exceeds 5% on local sales and 8% on exports and lump-sum payment exceeds US $
2 million | Ministry
of Industry and Commerce | | 9.
Remittance of prize money/sponsorship of sports activity abroad by a person other
than International / National / State Level sports bodies, if the amount involved
exceeds US $ 100,000. | Ministry
of Human Resources Development (Department of Youth Affairs and Sports)
| | 10.
Deleted # | | |
11. Remittance for membership of P& I Club
| Ministry of
Finance, (Insurance Division) |
#
Please refer to A.P.(DIR
Series) Circular No.76 dated Feb.24,2004. The related Notification will be
issued separately. Schedule
III (See Rule 5) 1.
Deleted ## 2.
Release of exchange exceeding US$ 10,000 or its equivalent in one calendar year,
for one or more private visits to any country (except Nepal and Bhutan).
3. Gift remittance
exceeding US$ 5,000 per remitter/donor per annum. 4.
Donation exceeding US$ 5000 per remitter/donor per annum. 5.
Exchange facilities exceeding US$ 100,000 for persons going abroad for employment.
6. Exchange
facilities for emigration exceeding US$ 100,000 or amount prescribed by country
of emigration. 7.
Remittance for maintenance of close relatives abroad,
- exceeding net salary (after
deduction of taxes, contribution to provident fund and other deductions) of a
person who is resident but not permanently resident in India and –
- is a citizen of a foreign State
other than Pakistan; or
- is
a citizen of India, who is on deputation to the office or branch or subsidiary
or joint venture in India of such foreign company.
- exceeding US$ 100,000 per year, per recipient,
in all other cases.
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 assignment; the duration of which does not exceed three years,
is a resident but not permanently resident. 8.
Release of foreign exchange, exceeding US$ 25,000 to a person, irrespective of
period of stay, for business travel, or attending a conference or specialised
training or for maintenance expenses of a patient going abroad for medical treatment
or check-up abroad, or for accompanying as attendant to a patient going abroad
for medical treatment/check-up. 9.
Release of exchange for meeting expenses for medical treatment abroad exceeding
the estimate from the doctor in India or hospital/doctor abroad. 10.
Release of exchange for studies abroad exceeding the estimate from the institution
abroad or US$ 100,000, per academic year, whichever is higher. 11.
Commission to agents abroad for sale of residential flats/ commercial plots in
India, exceeding USD 25,000 or 5% of the inward remittance per transaction, whichever
is higher. ## 12. Deleted ## 13.
Deleted ## 14. Deleted ## 15.
Remittance exceeding US$ 1,000,000 per project, for any consultancy service procured
from outside India. 16. Remittances
for purchase of trade mark/franchise in India. ## 17.
Remittance exceeding US $ 100,000 by an entity in India by way of reimbursement
of pre-incorporation expenses. 18. Deleted
## ## Please refer to A.P.(DIR
Series) Circular No.76 dated Feb.24,2004. The related Notification will be
issued separately.
Section
II Release of Foreign
Exchange by Authorised Dealers A.1 General 1.1
For release of foreign exchange to persons resident in India for travel abroad,
authorised dealers should be guided by the Rules made by the Govt. of India under
Section 5 of Foreign Exchange Management Act, 1999. In terms of item (b) of Rule
3 of the Govt. Notification No. GSR. 381 (E) dated 3rd May 2000, no
release of foreign exchange is admissible for travel to Nepal and Bhutan. For
release of foreign exchange exceeding certain limits, as specified in Schedule
III to the Notification, prior approval of Reserve Bank should be obtained. All
applications for release of exchange exceeding the limits prescribed in Schedule
III to the Govt. Notification should be referred to the Regional Office of the
Exchange Control Department, under whose jurisdiction the applicant is functioning/
residing. 1.2 Applications
for release exchange for advertisement in overseas TV channels should, however,
be forwarded to the Central Office of the Exchange Control Department, with a
certificate by the authorised dealer on the export earnings of the applicant for
the preceding two years, as also a certificate from a Chartered Accountant certifying
that the advertisement for which foreign exchange is being sought, will be telecast
by the foreign TV company in foreign countries and not in India alone. 1.3
In terms of clause (b) of Rule (2) of the Government Notification No. GSR. 381(E)
dated 3rd May, 2000, 'Drawal' includes use of International Credit
Cards, International Debit Cards, ATM cards, etc. It is, therefore, clarified
that use of these instruments is also subject to the restrictions imposed under
the Notification. Further, in terms of clause (h) of Section 2 of Foreign Exchange
Management Act, 1999, 'currency', inter-alia, includes International Credit Cards.
The Reserve Bank has also, vide its Notification No FEMA 15/2000-RB dated 3rd
May 2000, notified ATM Cards and Debit Cards as 'Currency'. Accordingly, payments
made by Credit Cards, ATM Cards and Debit Cards, etc., being only different methods
of payment, all Rules, Regulations made and Directions issued under the Act apply
to Credit Cards, ATM Cards, Debit Cards, etc., also. 1.4
Resident individuals maintaining a foreign currency account with an authorised
dealer in India or a bank abroad, as permissible under extant Foreign Exchange
Regulations, are free to obtain International Credit Cards issued by overseas
banks and other reputed agencies. Authorised dealers may allow remittances by
their constituents maintaining foreign currency accounts with them to meet the
charges incurred against the ICCs issued by the foreign banks and other reputed
agencies. The remittance should, however, be made to the Card issuing bank/agency
and not to a third party. A.2
Sale of Exchange 2.1
Where approvals have been issued by the Reserve Bank/ Government of India, foreign
exchange may be sold within the period of validity stated in the approval and
the sale be endorsed on the reverse of the original approval. 2.2
On the basis of a declaration given by the traveller regarding the amount of foreign
exchange availed of during a calendar year, authorised dealers may release exchange
for tourism and private purposes. 2.3
Authorised dealers need not endorse on the traveller’s passport the foreign exchange
sold for travel abroad. However, if requested by the traveller, they may record
under their stamp, date and signature, details of the foreign exchange sold for
travel. 2.4
In case of issue of travellers cheques, the traveller should sign the cheques
in the presence of an authorized official and the purchaser’s acknowledgement
for receipt of the travellers cheques should be maintained. 2.5
Out of the overall foreign exchange being sold to a traveller, exchange in the
form of foreign currency notes and coins may be sold up to the limit indicated
below:
| (i) |
Travellers proceeding to countries other than Iraq,
Libya, Islamic Republic of Iran, Russian Federation and other Republics of Commonwealth
of Independent States | not
exceeding US $ 2000 or its equivalent | |
(ii) | Travellers
proceeding to Iraq or Libya, | Not
exceeding US $ 5000 or its equivalent | |
(iii) |
Travellers proceeding to Islamic Republic of Iran,
Russian Federation and other Republics of Commonwealth of Independent States. |
Full exchange may be released |
2.6 The
forms A2 relating to sale of foreign exchange for travel abroad, should be retained
for a period of one year by the authorised persons, together with the related
documents, for the purpose of verification by their Internal Auditors. A.3.
Medical Treatment 3.1
A person who has fallen sick after proceeding abroad may also be released foreign
exchange by an authorized dealer for medical treatment outside India in accordance
with Rule 5 of Government Notification No GSR 381(E) dated 3rd May
2000. 3.2 With a view to
enable residents to avail of foreign exchange for medical treatment abroad without
any hassles and any loss of time, authorised dealers may release foreign exchange
upto an amount of US $ 50,000 or its equivalent, on the basis of a self certification,
without insisting on any estimate from a hospital/doctor. 3.3
For amount exceeding the above limit, estimate from the doctor in India or hospital/doctor
abroad, is required to be submitted to the authorised dealers (as provided in
the Gazette Notification).
A.4
Small Value Remittances With
a view to provide hassle free release of foreign exchange to resident individuals
for various purposes, authorized dealers may release foreign exchange not exceeding
US$ 500 or its equivalent, for all permissible transactions on the basis of a
simple letter from the applicant containing the basic information viz., name and
address of the applicant/beneficiary, amount to be remitted and the purpose of
remittance, without insisting on submission of Form A 2.
A.5
Cultural Tours Dance
troupes, artistes, etc., who wish to undertake tours abroad for cultural purposes
should apply to the Ministry of Human Resources Development (Department of Education
and Culture), Government of India, for recommendation regarding their foreign
exchange requirements. Authorised dealers may release foreign exchange, on the
strength of the sanction from the Ministry, to the extent and subject to conditions
indicated therein. A.6
Private visits Foreign
exchange for private visit can also be released to a person who is availing of
foreign exchange for travel outside India for any purpose. A.7
Period of surrender of foreign exchange In
case the foreign exchange purchased for any purpose is not used for the purpose
or for any other purpose for which purchase or acquisition of foreign exchange
is permitted under the provisions of FEMA, 1999 or Rules or Regulations made thereunder
and the evidence submitted to the satisfaction to the authorised dealer, the same
or the unused portion thereof is required to be surrendered to an authorised person
within a period of 60 (sixty) days from the date of its purchase (cf. Notification
No. FEMA 9/2000-RB Dated 3rd. May 2000). Note:
In cases where a person approaches an authorised person for surrendering foreign
exchange after 60 days, the authorised person should not refuse to purchase the
foreign exchange on the ground that the prescribed period of 60 days has expired. A.8
Unspent Foreign Exchange 8.1
Unspent foreign exchange brought back to India by a traveller should be surrendered
to an authorised person within 90 days from the date of return of the traveler,
if the unspent foreign exchange is in the form of currency notes. If such foreign
exchange is in the form of travellers cheques, the same should be surrendered
to an authorised person within 180 days from the date of return. Exchange so brought
back can be utilised by the traveller for his subsequent visit abroad during the
period specified above. 8.2
However, a returning traveller is also permitted to retain with him, foreign currency
travellers cheques and currency notes upto an aggregate amount of US $ 2000 and
foreign coins without any ceiling (cf. Notification No. FEMA 11/2000-RB dated
3rd May 2000). Foreign exchange so retained, can be utilised by the
traveller for his subsequent visit abroad. 8.3
A person resident in India can open, hold and maintain with an authorized dealer
in India, a Resident Foreign Currency (Domestic) Account, out of foreign exchange
acquired in the form of currency notes, Bank notes and travellers cheques from
any of the sources like, payment for services rendered abroad, as honorarium,
gift, services rendered or in settlement of any lawful obligation from any person
not resident in India. The
account may also be credited with/opened out of foreign exchange earned like proceeds
of export of goods and/or services, royalty, honorarium, etc., and/or gifts received
from close relatives (as defined in the Companies Act) and repatriated to India
through normal banking channels by resident individuals. 8.4
The eligible credits to the Resident Foreign Currency (Domestic) Account, out
of foreign exchange acquired in the form of currency notes, Bank notes and travellers
cheques, are as under :- -
acquired by him from an authorised person for travel abroad and represents the
unspent amount thereof.
or
- acquired by him, while on a visit to any place
outside India, by way of payment for services not arising from any business in
anything done in India.
or - acquired
by him, from any person not resident in India, and who is on a visit to India,
as honorarium, gift, for services rendered or in settlement of any lawful obligation.
or
- acquired by him by way of
honorarium, or gift, while on a visit to any place outside India.
Note:
Where a person approaches an authorised person for surrender of foreign exchange
after the prescribed period, authorised person should not refuse to purchase the
foreign exchange on the ground that the prescribed period has expired.
A.9
Remittances for Tour Arrangements, etc. 9.1
Authorised dealers may remit foreign exchange upto a reasonable limit, at the
request of a traveller towards his hotel accommodation, tour arrangements, etc.,
in the countries proposed to be visited by him, provided it is out of the foreign
exchange purchased by the traveller from an authorized person (including exchange
drawn for private travel abroad) in accordance with the Rules, Regulations and
Directions in force. 9.2
Authorised dealers may effect remittances at the request of agents in India who
have tie up arrangements with hotels/agents, etc., abroad for providing hotel
accommodation or making other tour arrangements for travellers from India, provided
the authorised dealer is satisfied that the remittance is being made out of the
foreign exchange purchased by the concerned traveller from an authorised person
(including exchange drawn for private travel abroad) in accordance with the Rules,
Regulations and Directions in force. 9.3
Authorised dealer may open foreign currency accounts in the name of agents in
India who have tie up arrangements with hotels/agents, etc., abroad for providing
hotel accommodation or making other tour arrangements for travellers from India
provided:- - the credits to
the account are by way of depositing
-
collections made in foreign exchange from travellers and
-
refunds received from outside India on account of cancellation of bookings/tour
arrangements, etc., and
-
the debits in foreign exchange are for making payments towards hotel accommodation,
tour arrangements, etc., outside India, in accordance with 9.2 above.
9.4
Authorised dealer may allow tour operators to remit the cost of rail/road/water
transportation charges outside India without any prior approval from the Reserve
Bank, net of commission/mark up, due to the agent. The sale of passes/ticket in
India can be made either against the payment in Indian Rupees or in foreign exchange
released for visits abroad. The cost of passes/tickets collected in Indian Rupees
need not be adjusted in the travellers’ entitlement of foreign exchange for private
visit. 9.5 In respect of
consolidated tours arranged by travel agents in India for foreign tourists visiting
India and neighbouring countries like Nepal, Bangla Desh, Sri Lanka, etc., against
advance payments/ reimbursement through an authorised dealer, part of the foreign
exchange received in India against such consolidated tour arrangement, may require
to be remitted from India to these countries for services rendered by travel agents
and hoteliers in the neighbouring countries. Authorised dealers may allow such
remittances after verifying that the amount being remitted to the neighbouring
countries (inclusive of remittances, if any, already made against the tour) does
not exceed the amount actually remitted to India; and the country of residence
of beneficiary is not Pakistan.A.10 Payment in Rupees Authorised
dealers may accept payment in cash upto Rs. 50,000 (Rupees fifty thousand only)
against sale of foreign exchange for travel abroad (for private visit or for any
other purpose). Wherever the sale of foreign exchange exceeds the amount equivalent
to Rs.50,000, the payment must be received only by a (i)
crossed cheque drawn on the applicant’s bank account, or (ii)
crossed cheque drawn on the bank account of the firm/company sponsoring the visit
of the applicant, or (iii) Banker’s Cheque/Pay
Order/ Demand Draft. Note:
Where the rupee equivalent of foreign exchange drawn exceeds Rs 50,000 either
for any single drawal or more than one drawal reckoned together for a single journey/visit,
it should be paid by cheque or draft, as explained above.
A.11 Advance Remittance Authorised
dealers may allow advance remittance for any current account transaction for which
the release of foreign exchange is admissible. However, where the amount exceeds
US $ 100,000 or its equivalent, a guarantee from a bank of International repute
situated outside India or a guarantee from an authorised dealer in India, if such
a guarantee is issued against the counter-guarantee of a bank of International
repute situated outside India, should be obtained from the overseas beneficiary.
The authorised dealer should also follow up to ensure that the beneficiary of
the advance remittance has fulfilled his obligations under the contract or agreement
with the remitter in India. Section
III Release of Foreign Exchange
by Full Fledged Money Changers (FFMCs) B.1
General Attention of
the Full Fledged Money Changers (FFMCs) is invited to para 4 of A.D.(MA Series)
Circular No.11 dated 16th May 2000, wherein it has been indicated that
the directions contained therein shall be applicable, mutatis-mutandis to money
changers and they shall continue to be governed by the provisions of FLM/RLM,
as amended from time to time. In terms of FEMA, 1999, the current regulations
stand modified as under : B.2Quantum of exchange
permitted to be released for the approved purposes 2.1
Exchange not exceeding US $ 10,000 or its equivalent, per person, in one calendar
year for one or more private visits to any country (except Nepal and Bhutan). 2.2
Exchange not exceeding US $ 25,000 to a person, irrespective of period of stay,
for business travel or for attending conference or specialised training. B.3
Documentation
The Reserve Bank will not,
henceforth, prescribe the documents which should be verified by the Money Changers
while releasing foreign exchange. In this connection, attention of Money Changers
is drawn to sub-section (5) of Section 10 of the Foreign Exchange Management Act,
1999 (42 of 1999) which provides that an authorised person shall, before undertaking
any transaction in foreign exchange on behalf of any person, require that person
to make such a declaration and to give such information as will reasonably satisfy
him that the transaction will not involve and is not designed for the purpose
of any contravention or evasion of the provisions of the Act or any rule, regulation,
notification, direction or order issued thereunder. Money Changers are advised
to keep on record any information/documentation, on the basis of which the transaction
was undertaken, for verification by the Reserve Bank/franchiser. The said clause
further provides that where the said person (applicant) refuses to comply with
any such requirement or makes unsatisfactory compliance therewith, the authorised
person shall refuse in writing to undertake the transaction and shall, if he has
reasons to believe that any contravention/evasion is contemplated by the person,
report the matter to Reserve Bank.B. 4 Endorsement on Passport It
is not mandatory for authorised persons to endorse the amount of foreign exchange
sold for travel abroad. However, if requested by the traveller, they may record
under their stamp, date and signature, details of foreign exchange sold for travel.B.5
FLM Provisions 5.1 Consequent
to issue of A.P.(DIR Series) Circular No.43/A.P.(F.L./R.L.Series) Circular No.
1 dated November 12, 2002, the Memorandum FLM and the Memorandum RLM stand superceded
by the Memorandum AMC. 5.2
FFMCs and RMCs ie. Authorised Money Changers (AMCs) shall continue to be governed
by all the other provisions of the Memorandum AMC.
Part.
B Remittance facilities for NRIs/PIO
and foreign nationals 1.Remittance
of assets (i) NRIs/PIO/Foreign
Nationals (including retired employees or non-resident widows of Indian citizens)
can remit, through the Authorised Dealer, upto US $ 1.00 mn. per calendar year,
out of the balances held by them in the Non-Resident Ordinary Rupee (NRO) account/
sale proceeds of assets, for all bonafide purposes, to the satisfaction of the
authorised dealer, on production of an undertaking and certificate by the person
making the remittance in the format as prescribed in the Central Board of Direct
Taxes Circular No.10/2002 dated October 9,2002. (ii)
NRIs/PIO are allowed to remit through the AD, within the overall limit of US$
1.00 mn. as stated at (i) above, the sale proceeds of immovable property, held
by them for a period of not less than 10 years, subject to payment of applicable
taxes. (iii)
NRIs/PIO are allowed to remit through the AD, within the overall limit of US$
1.00 mn. per calendar year, as stated at (i) above, the amount representing the
sale proceeds of assets in India, acquired by way of inheritance/legacy. (iv)
The above facility is not available to the citizens of Pakistan, Bangladesh, Sri
Lanka, China, Afghanistan, Iran, Nepal and Bhutan. 2.
Repatriation of sale proceeds of Property acquired by NRIs/PIO (i)
Authorised dealers may permit repatriation of sale proceeds of immovable property
(other than agricultural land/farm house/plantation property) acquired in India
by NRIs/PIO, in accordance with the provisions of the foreign exchange law in
force at the time of acquisition or the provisions of FEM Regulations, irrespective
of the period for which the property was held (lock-in period of 3 years removed).
The sale proceeds, allowed to be repatriated, however, should not exceed the foreign
exchange brought in, to acquire the property or the foreign currency equivalent,
as on the date of payment, of the amount paid where such payment was made from
the funds held in Non-Resident External account for acquisition of the property. (ii)
In case of residential property, the repatriation of sale proceeds is restricted
to not more than two such properties. (iii)
Authorised dealers may permit repatriation of amounts representing the refund
of application/earnest money/purchase consideration made by the housing building
agencies/seller on account of non-allotment of flat/plot/cancellation of bookings/deals
for purchase of residential/ commercial property, together with interest, if any
(net of income tax payable thereon), provided the original payment was made out
of NRE/FCNR account of the account holder, or remittance from outside India through
normal banking channels and the authorised dealer is satisfied about the genuineness
of the transaction. Such funds may also be credited to the NRE/FCNR account of
the NRIs/PIO, if they so desire. (iv) Authorised
dealers may allow repatriation of sale proceeds of residential accommodation purchased
by NRIs/PIO out of funds raised by them by way of loans from the authorized dealers/housing
finance institutions to the extent of such loan/s repaid by them out of foreign
inward remittances received through normal banking channel or by debit to their
NRE/FCNR accounts. 3.
Remittance of current income (i)
NRIs/PIO have the option to credit the current income to their Non-Resident (External)
Rupee account, provided the authorised dealer is satisfied that the credit represents
current income of the non-resident account holder and income tax thereon has been
deducted/provided for. 4.
Income- tax clearance The
remittances will be allowed to be made by the authorized dealers without insisting
upon a No- Objection-Certificate from the Income- tax Department, on production
of an undertaking by the remitter and a Certificate from a Chartered Accountant
in the formats prescribed by the Central Board of Direct Taxes, Ministry of Finance,
Government of India in their Circular No.10/2002 dated October 9,2002.[cf. Our
AP(DIR Series) Circular No.56 dated November 26,2002].
5. International Credit Cards Authorised
dealers have been permitted to issue International Credit Cards to NRIs/PIO, without
prior approval of RBI. Such transactions may be settled by inward remittance or
out of balances held in the cardholder’s FCNR/NRE/Non-Resident (Ordinary) Rupee
accounts.
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