The Reserve Bank pursued its efforts to impart liquidity to the G-sec market, while trying to diversify the
investor base. Measures were also taken to develop the corporate bond market with a view to encouraging wider
participation and to enhance liquidity in the repo market. The fluctuations in the foreign exchange market
prompted the Reserve Bank to take several measures to contain volatility and encourage stable foreign inflows.
V.1 Keeping in view the rapidly evolving global
developments, the Reserve Bank has focussed on
ensuring the development of financial markets.
Well-developed financial markets are not only
important for the critical role they play in the
transmission of monetary policy, but they also
facilitate price discovery. To ensure that markets
function in a non-disruptive manner while ensuring
that systemic risks are contained, the Reserve Bank
continued to play a key role in nurturing their growth
and development.
GOVERNMENT SECURITIES MARKET
V.2 Measures were taken to develop and
regulate the activities in the financial market,
particularly the Government securities market and
the corporate bond market. There has been a
concerted effort on the part of the Reserve Bank
in furthering the liquidity in Government securities
market and related interest rate derivatives. At the
same time, in view of the growing needs of the
infrastructure sector and also of the overall
development of financial markets, the development
of the corporate bond market has been high on the
agenda for Government of India and the regulators.
Several measures have been taken by Government
of India, RBI and SEBI to aid growth of corporate
bond market in India. Some important measures to
develop financial markets, inter alia, include
(i) implementation of some of the recommendations
of the Working Group on Enhancing Liquidity in
Government Securities Markets, (ii) phasing out
Tier-III capital for PDs, (iii) review of Commercial Paper (CP) and repo guidelines, (iv) ready forward
contracts in corporate debt securities - permitting
Scheduled Urban Cooperative Banks, (v) relaxation
of investment norms to encourage participation of
standalone PDs; and (vi) permission to standalone
PDs for membership in SEBI-approved Stock
Exchanges for trading in corporate bonds. (vii) review
of Credit Default Swap (CDS) and repo in corporate
bonds guidelines and (viii) standardisation of IRS
contracts.
Report of the Working Group on Enhancing
Liquidity in the Government Securities and
Interest Rate Derivatives Markets
V.3 As announced in the Second Quarter
Review of Monetary Policy of 2011-12, a Working
Group comprising of market experts, officials from
the Reserve Bank and other stakeholders was
constituted (Chairman: Shri R. Gandhi). Based on
its major recommendations, the following has been
implemented:
-
Reduction of the auction bid timing to 90
minutes (10:30 AM to 12:00 PM) from 120
minutes (10:30 AM to 12:30 PM);
-
Conduct of the G-sec auction as a mix of both
Uniform Price and Multiple Price formats;
-
Change of the settlement cycle of the primary
auction for T-bills from T+2 to T+1 basis;
-
Re-issuance of State Development Loans by
some of the State Governments;
-
Migration of the secondary market reporting of OTC trades in G-Sec (outright and repo) from PDO-NDS to NDS-OM and CROMS
(Clearcorp Repo Order Matching System) respectively;
-
Standardisation of OIS (Overnight Index Swap)
MIBOR (Mumbai Inter Bank Offer Rate)
benchmark in the IRS (Interest Rate Swap)
market;
-
Announcement of buy back/switching of
Government Securities for `500 billion in
Budget 2013-14 (Box V.1);
-
Gradual upward revision of investment limit for
FIIs in G-Sec to US$ 30 billion;
-
Launch of Inflation-Indexed Bonds;
-
Reduction of HTM portfolio progressively by
at least 50 bps every quarter, beginning with
the quarter ending June 2013, till it reaches a
level of 23% of DTL.
Money Market
Revised CP Guidelines
V.4 Existing guidelines on issuance of CP were
reviewed. The major changes incorporated have been the following:
-
FIIs have been directed to adherence to the
various provisions in force for investment in
the Indian market.
-
Call/put options are not permitted in CPs.
-
Eligible participants shall obtain credit rating
for issuance of CPs from any one of the SEBI registered
Credit Rating Agencies.
-
The minimum credit rating shall be A3
(investment grade).
-
The OTC trades in CP shall be settled through
the NSCCL (National Securities Clearing
Corporation Limited)/ ICCL (Indian Clearing
Corporation Limited)/ MCX-SX-CCL (MCX-SX
Clearing Corporation Limited).
-
The settlement cycle for OTC trades in CP
shall be either T+0 or T+1 basis.
-
Buyback of CPs by issuers shall be through
the secondary market and at prevailing market
price.
- The IPAs (Issuing and Paying Agents) shall
report the instances of buyback of CPs to the
Reserve Bank.
Box V.1
Buyback/ Switches for Liability Management
Buyback/switches of Government Securities (G-Sec) are used
for effective liability management by debt managers in several
countries. Besides liability management, buyback/ switch
operations provide flexibility for the debt management
strategy, enabling it to pursue active and passive consolidation
of G-Secs, and issue of G-Sec from annual maturity buckets
without upper limit constraint. The active consolidation takes
place when illiquid securities with small outstanding amount
are swapped with one or more liquid securities, while passive
consolidation occurs by reissuing securities. Switches
facilitate passive consolidation by enabling on-the-run
securities to be reissued with lesser upper limit constraint as
redemption of such securities could be managed through
swapping a part of their outstanding amount to another
security of different maturity.
Another way of making buybacks cash-neutral is by
undertaking such transactions intra-year (or even, inter-year),
i.e., buying back outstanding G-secs which are due for
redemption in the same year. If buybacks of G-Secs are not
backed by additional market borrowing of equivalent amount during the year, such transactions would involve net cash
outgo. Buybacks with net cash outgo could be possible if
either the government is running fiscal surplus or has built
cash balances for such transaction. On the other hand,
switches of G-secs by nature are always cash neutral as
G-Sec of particular maturity is swapped with G-Sec of another
maturity simultaneously.
The Reserve Bank has been pursuing a policy of passive
consolidation through reissuance/ reopening of existing
securities since April 1999 in order to benchmark the
securities across the yield curve and improve fungibility and
liquidity of securities. In 2003, a debt buyback scheme was
introduced on a purely voluntary basis for banks that were in
need of liquidity.
The Union Budget 2013-14 has announced buyback/ switches
of G-Sec for an amount up to `500 billion. The objective of
the proposed buyback/ switches is primarily to reduce the
redemption pressure from the maturity buckets from 2014-15
to 2018-19.
Review of repo guidelines
V.5 In order to further develop the repo in
corporate bond market, repo in corporate bond has
now been permitted on CP, CD and NCD of less
than one year of original maturity. The minimum
haircut requirement in corporate debt repo has also
been reduced from existing 10%/12%/15% to
7.5%/8.5%/10% for AAA/AA+/AA rated corporate
bonds.
Corporate Bond Market
Ready Forward Contracts in Corporate Debt
Securities- Permitting Scheduled Urban Cooperative
Banks
V.6 With a view to encouraging wider
participation and to enhance liquidity in repo in
corporate bond market, scheduled UCBs have been
permitted to participate from October 2012 in the
repo market subject to adherence to conditions
prescribed by the relevant department of the
Reserve Bank of India.
Relaxation of investment norms to encourage
participation of Standalone PDs in corporate bonds
V.7 With a view to enhancing the role of
standalone PDs in corporate debt market, the
following measures have been taken: (i) allow PDs
a sub-limit of 50 per cent of net owned funds (NOF)
for investment in corporate bonds within the overall
permitted average fortnightly limit of 225 per cent
of NOF as at the end of March of the preceding
financial year for call /notice money market
borrowing; (ii) permit PDs to invest in Tier-II bonds
issued by other PDs, banks and financial institutions
to the extent of 10 per cent of the investing PD’s
total capital funds; and (iii) permit PDs to borrow to
the extent of 150 per cent of NOF as at the end of
March of the preceding financial year through intercorporate
deposits.
Permission to standalone PDs for membership in
SEBI approved Stock Exchanges for trading in
corporate bonds
V.8 With a view to further developing the debt
market in India, SCBs and standalone PDs have
been allowed to become limited members of SEBI
approved stock exchanges for the purpose of
undertaking proprietary transactions in corporate
bonds.
FOREIGN EXCHANGE MARKET
V.9 Given the volatility in the forex market, the
Reserve Bank focused its attention on stemming
the volatility. The policy initiatives were directed at
rationalising and simplifying procedures and
providing incentives to encourage foreign inflows,
besides maintaining sustainability of the
liberalisation process.
Foreign Investment
Foreign Direct Investment (FDI)
V.10 In order to further liberalise the regulatory
framework to encourage foreign investors, the
Reserve Bank took the following steps during the
year 2012-13.
V.11 NBFCs (i) having foreign investment more
than 75 per cent and up to 100 per cent, and (ii)
with a minimum capitalisation of US$ 50 million,
were allowed to set up step-down subsidiaries for
specific NBFC activities, without any restriction on
the number of operating subsidiaries and without
bringing in additional capital. The regulation would
enable even the NBFC with foreign investment of
less than 100 per cent but more than 75 per cent
to set up step-down subsidiaries without bringing
in additional funds once minimum capitalisation
requirements are met.
V.12 To further liberalise the FDI policy, 100 per
cent FDI in single-brand retail, 51 per cent FDI in
multi-brand retail and 49 per cent FDI in power
exchanges have been permitted under the government route. Further, foreign airlines have
been allowed to invest in the capital of Indian
companies and operate scheduled and nonscheduled
air transport services up to the limit of
49 per cent of their paid-up capital under the
government route.
V.13 In cases where non-residents (including
NRIs) invest in an Indian company in compliance
with the provisions of the Companies Act, 1956 by
way of subscription to Memorandum of Association,
the investments may be made at face value subject
to their eligibility to invest under the FDI scheme.
The relaxation of pricing norms would facilitate the
setting up of a company as required by law.
V.14 A person who is a citizen of Pakistan or an
entity incorporated in Pakistan has been permitted,
with the prior approval of the Foreign Investment
Promotion Board, to purchase shares and
convertible debentures of an Indian company under
Foreign Direct Investment (FDI) Scheme provided
the Indian company receiving such FDI is not
engaged or shall not engage in sectors/activities
pertaining to defence, space and atomic energy
and sectors/activities prohibited for foreign
investment.
Foreign Portfolio Investment
V.15 The existing debt limits on investments by
FIIs and long-term investors in government
securities and corporate debt have been merged
into two categories, viz., (i) government debt limit
(government securities of US$ 25 billion) and (ii)
corporate debt limit (corporate debt securities of
US$ 51 billion). The requirements of minimum lockin
period and residual maturity have been removed.
The limit for foreign investment in Government
dated securities has been enhanced by US$ 5
billion to US$ 30 billion. The enhanced limit of US$
5 billion will be available only for investment in
Government dated securities by insurance/
Endowment Funds, Foreign Central Banks.
V.16 FIIs have been permitted to use their
investments in corporate bonds as collateral in the cash segment and use government securities and
corporate bonds as collateral in the F&O segment.
Thus, FIIs are eligible to offer government securities/
corporate bonds, cash and foreign sovereign
securities with AAA ratings in both the cash and
F&O segments.
V.17 FIIs have been allowed to approach any AD
Category I bank to hedge their currency risk on the
market value of the entire investment in equity and/
or debt in India as on a particular date, subject to
terms and conditions. An FII intending to hedge the
currency risk of one of its sub-account holders
needs to obtain a mandate from the sub-account
holder for this purpose. AD banks have been
advised to verify the same along with the eligibility
of the contract vis-à-vis the market value of the
securities held in the concerned sub-account.
Further, if an FII wishes to enter into a foreign
exchange hedge contract for the exposure relating
to that part of the securities held by it against which
it has issued any PN/ODI, it must also have a
mandate from the PN/ODI holder for the purpose.
V.18 It has been decided to allow limited two-way
fungibility for IDRs, which is similar to the limited
two-way fungibility facility available for ADRs/
GDRs.
Report of the Committee to Review the Facilities
for Individuals under the Foreign Exchange
Management Act (FEMA), 1999
V.19 Pursuant to the announcement in the
Annual Monetary Policy Statement for 2011-12 and
recognising the need to facilitate genuine foreign
exchange transactions by individuals—Residents/
Non-Resident Indians (NRIs) and Persons of Indian
Origin (PIOs)—under the current regulatory
framework of FEMA, the Reserve Bank constituted
a Committee (Chairperson: Smt. K.J. Udeshi).
The Committee comprised external experts,
representatives from select Authorised Dealer (AD)
banks, the Foreign Exchange Dealers Association
of India and the Indian Banks’ Association.
V.20 The Committee made 31 recommendations
and the Reserve Bank has implemented 20 of them;
eight recommendations have not been implemented
so far, and the remaining are being implemented
in consultation with the government.
V.21 Banks can now grant fund and non-fundbased
facilities (Rupee loans in India and foreign
currency loans in India/ outside India) against
NR(E)RA and FCNR(B) deposits to depositors or
to third parties without any ceiling, subject to the
usual margin requirements.
Opening of NRO accounts by individuals of
Bangladeshi nationality
V.22 Authorised banks have been permitted to
open NRO accounts for individual/s of Bangladeshi
nationality without the approval of the Reserve Bank
of India, subject to certain conditions.
Rationalisation of guidelines on position limits
of ADs
Guidelines on NOOPL and AGL
V.23 According to the new guidelines, the Net
Overnight Open Position Limit (NOOPL) may be
fixed by the bank’s Board and communicated to the
Reserve Bank immediately. However, such limits
should not exceed 25 per cent of the total capital
(Tier I and Tier II capital) of the bank.
V.24 Further, for the present, it has been decided
to withdraw the restrictions placed on open position
limit of the Authorised Dealers involving Rupee as
one of the currencies, (on both overnight and intraday
open positions).
V.25 The following instructions, however,
continue to be effective. The positions in the
exchanges (both futures and options) cannot be
netted/ offset by undertaking positions in the OTC
market and vice versa. The positions initiated in the
exchanges shall be liquidated/ closed in the
exchanges only.
V.26 The position limit for the trading member
AD Category I bank in the exchanges for trading currency futures and options shall be US$100
million or 15 per cent of the outstanding open
interest, whichever is lower. Further, AD Category
– I banks have now been advised not to carry out
any proprietary trading in the currency futures /
exchange traded currency options markets.
Transaction by the AD Category – I banks in the
Currency Futures markets will have to be necessarily
on behalf of their clients.
Off-shore exposures
V.27 For banks with overseas presence, the offshore
exposures should be calculated on a
standalone basis as per the above method and
should not be netted with onshore exposures. The
aggregate limit (on-shore plus off-shore) may be
termed the Net Overnight Open Position (NOOP)
and will be subject to capital charge. The accumulated
surplus of foreign branches need not be reckoned
for calculation of the open position.
Aggregate Gap Limit (AGL)
V.28 As per the new guidelines, the AGL may be
fixed by the Boards of the respective banks and
communicated to the Reserve Bank immediately.
However, such limits should not exceed 6 times the
total capital (Tier I and Tier II capital) of the bank.
V.29 Authorised Dealers that have instituted
superior measures such as tenor-wise PV01 limits
and VaR to aggregate foreign exchange gap risks
are allowed to fix their own PV01 and VaR limits
based on their capital, risk-bearing capacity, etc. in
place of the AGL and communicate the same to
the Reserve Bank. The procedure and calculation
of the limit should be clearly documented as an
internal policy and strictly adhered to.
V.30 Cost-reduction structures have been
allowed for hedging the exchange rate risk arising
out of foreign currency loans availed of domestically
against FCNR (B) deposits.
V.31 The facility of cancellation and rebooking is
not permitted for forward contracts, involving Rupee as one of the currencies, booked by residents to
hedge current and capital account transactions.
V.32 However, if forward contract(s) booked by
residents to hedge capital account transactions for
tenors greater than one year are cancelled with one
AD Category I bank, they can be rebooked with
another AD Category I bank, subject to the following
conditions:
i) the switch is warranted by competitive rates
on offer, termination of the banking relationship
with the AD Category I bank with whom the
contract was originally booked;
ii) the cancellation and rebooking are done
simultaneously on the maturity date of the
contract; and
iii) the responsibility for ensuring that the original
contract has been cancelled rests with the AD
Category I bank that undertakes rebooking of
the contract.
V.33 On review, it was decided to extend the
flexibility to switch AD Category banks in regard of
rollover of contracts to all hedge transactions
undertaken by residents.
Money Transfer Service Scheme (MTSS) -
Revised Guidelines
V.34 The Reserve Bank has recently issued
revised MTSS guidelines including the necessary
KYC/ AML/ CFT measures, which will help new
Indian agents to operate under MTSS. This will
ensure increased competition with the objective of
bringing down both the cost of remittance and time.
Exchange Earners Foreign Currency (EEFC)
accounts
V.35 EEFC account holders have been permitted
to retain 100 per cent of their forex earnings subject
to the condition that the sum total of accruals in the
account during a calendar month are converted
into Rupees on or before the last day of the
succeeding calendar month after adjusting for
utilisation of the balances for approved purposes
or forward commitments.
Technical Committee on Services/ Facilities
for the Exporters
V.36 Given the importance of export sector,
especially in the current scenario, the Reserve Bank
constituted a Technical Committee on Services/
Facilities for the Exporters (Chairman: Shri G.
Padmanabhan). The terms of reference of the
Committee included, among others, reviewing the
existing policies/procedures relating to bank finance
for exports and suggest measures to ensure timely,
adequate and hassle-free flow of credit towards
working capital, capital expenditure and other
requirements of the sector, and, in particular SME
units. In addition, measures to simplify and
rationalise the existing procedures including the
documentation, matters relating to transaction cost/
transition period, to examine specifically the special
needs of exporting units located in SEZ were also
part of the Committee’s terms of reference.
V.37 In its Report submitted in April 2013, the
Committee, among others, made recommendations
relating to (i) reviewing of Gold Card Scheme for
extension of export credit to exporters, (ii) inclusion
of export finance under the priority sector advances
for scheduled commercial banks, as appropriate;
(iii) raising of foreign currency loans on pool basis
for extension of export credit to exporters; (iv)
allowing factoring on non-recourse basis; (v)
financing to units in Domestic Tariff Area (DTA) /
Special Economic Zone (SEZ); (vi) denomination
of export credit limit in foreign currency; and, (vii)
simplification of hedging procedure.
ECB Policy
V.38 In the case of corporates under investigation,
it has been decided to permit all entities to avail of
ECBs under the automatic route as per the current
norms, despite the pending investigations/
adjudications/ appeals by the law-enforcing
agencies, without prejudice to the outcome of such
investigations/ adjudications/ appeals. Accordingly,
in the case of applications where the borrowing
entity has indicated the pending investigations/ adjudications/ appeals, Authorised Dealers while
approving the proposal should intimate the
concerned agencies by endorsing a copy of the
approval letter. The same procedure will be followed
by the Reserve Bank while approving such
proposals.
V.39 Companies in the infrastructure and
manufacturing sectors were allowed to avail of
ECBs to repay outstanding Rupee loan(s) availed
of from the domestic banking system and/ or for
fresh Rupee capital expenditure, under the approval
route. The overall ceiling for such ECBs is US$10
billion. The maximum limit of ECBs that can be
availed of is 75 per cent of the average foreign
exchange earnings realised during the immediate
past three financial years or 50 per cent of the
highest foreign exchange earnings realised in any
of the immediate past three financial years,
whichever is higher. The maximum ECB that can
be availed by an individual company or group, as
a whole, under this scheme is limited to US$3
billion.
V.40 Special Purpose Vehicles (SPVs) that have
completed at least one year from the date of
incorporation were also brought within the ambit of
the above scheme. The maximum permissible ECB
that can be availed of was fixed at 50 per cent of
the annual export earnings realised during the
previous financial year.
V.41 Companies in the infrastructure sector were
allowed to avail of trade credit up to a maximum of
five years to import capital goods, subject to certain
conditions.
V.42 Refinancing of bridge finance (if it is buyers’/
suppliers’ credit) to import capital goods with a
long-term ECB was allowed to companies in the
infrastructure sector under the automatic route.
V.43 It was decided to include Indian companies
in the hotel sector (with a total project cost of
`250 crore or more), irrespective of geographic
location, as eligible borrowers under this scheme.
ADs may certify the project cost at the time of forwarding the ECB application to the Reserve
Bank.
V.44 It was decided to enhance the ECB limit for
NBFC-IFCs under the automatic route from 50 per
cent of their owned funds to 75 per cent of their
owned funds, including the outstanding ECBs.
NBFC-IFCs desirous of availing of ECBs beyond
75 per cent of their owned funds require the
approval of the Reserve Bank and will, therefore,
be considered under the approval route. It was also
decided to reduce the hedging requirement for
currency risk from 100 per cent of their exposure
to 75 per cent of their exposure.
V.45 MFIs have been permitted to raise ECBs
up to US$10 million or equivalent during a financial
year for permitted end-uses, under the automatic
route. ECBs by MFIs/NGOs should be fully hedged.
The designated AD has to ensure at the time of
drawdown that the forex exposure of the borrower
is fully hedged.
Scheme for FCCBs
V.46 The FCCB buyback procedure was
simplified. Buy-back of FCCBs has been allowed
under the approval route at a minimum discount of
5 per cent on the accreted value. The buyback/
prepayment of FCCBs which expired on March 31,
2013 will be continued till December 31, 2013 and
shall stand discontinued thereafter. This is in
addition to the existing measures that allow fresh
ECB/FCCB under the automatic route for redemption
of FCCBs and the restructuring of FCCBs under
the approval route.
Low-cost affordable housing
V.47 ECBs have been allowed for low-cost
affordable housing projects as a permissible enduse,
under the approval route. ECBs can be availed
of by reputed developers/ builders (with minimum
3 years experience) for low-cost affordable housing
projects, as well as Housing Finance Companies
(HFCs) with minimum NOF of ` 3 billion and the
National Housing Bank (NHB) to finance prospective owners of low-cost affordable housing units. An
overall limit of US$ one billion each has been
prescribed for such ECBs for the financial years
2013-14 and 2014-15.
Bridge finance / long-term ECB facility for 2G
spectrum
V.48 The successful bidders of the upcoming 2G
spectrum allocation can avail of bridge finance for
making upfront payment to the Government for
spectrum allocation and replace the same with a
long term ECB, both under the automatic route. The
successful bidders making the upfront payment for
the award of 2G spectrum initially out of Rupee
loans availed of from the domestic lenders would
be eligible to refinance such Rupee loans with a
long-term ECB, under the automatic route. The
successful bidders in the 2G auction will be allowed
to avail of ECB under the ‘automatic route’ from
their ultimate parent company without any maximum
ECB liability-equity ratio subject to the condition
that the lender holds minimum paid-up equity of 25
per cent in the borrower company, either directly or
indirectly.
Period of realisation and repatriation to India
V.49 The period of realisation and repatriation to
India of the amount representing the full export
value of goods or software had been enhanced
from 6 months to 12 months from the date of export
up to March 31, 2013. The issue has been reviewed
and it has been decided, in consultation with the
government, to bring down the realisation period
from 12 months to 9 months from the date of export,
with immediate effect, valid until September 30,
2013.
V.50 A software exporter either under STPIs or
SEZs/ EPZs/ 100 per cent EOU/ DTA, whose
annual turnover is at least `10 billion or who files
at least 600 SOFTEX forms annually on an all-India
basis, will be eligible to submit statements in the
revised format from January 1, 2013.
Import of Gold by nominated banks/agencies
V.51 The Working Group on Gold (Chairman:
Shri K.U.B. Rao) had recommended aligning gold
import regulations with the rest of the imports. The
bulk of the gold imported by nominated banks is on
consignment basis, whereby nominated banks do
not have to fund these stocks. To moderate the
demand for gold for domestic use, it was decided
to limit the import of gold on consignment basis by
banks for meeting the genuine needs of exporters
of gold jewellery. Accordingly, gold imports on
Documents against Acceptance (DA) basis were
not permitted. All Letters of Credit (LC) opened by
nominated banks/ agencies for import of gold under
all categories was only on 100 per cent cash margin
basis. This was followed up on July 8 with further
measures, which restricted banks to trade only on
behalf of their clients in currency futures/ options
market. Thereafter, on July 22, the Reserve Bank
rationalised the import of gold by making it
incumbent for nominated banks/ nominated
agencies to ensure that at least one-fifth of every
lot of import of gold is made available for the
purpose of export.
“Write-off” of unrealised export bills
V.52 Earlier, exporters were given limited powers
of write-off, and AD Category I banks were
permitted to accede to the requests for “write-off”
made by the exporters, subject to the condition,
inter alia, that the exporter had to surrender
proportionate export incentives, if availed of, in
respect of the relative shipments. To simplify and
liberalise the procedure and to provide greater
flexibility to exporters as well as Authorised Dealer
banks, the instructions have been reviewed and the
following liberalisation made in the limits of “write-offs”
of unrealised export bills with certain terms
and conditions.
Overseas Direct Investment
V.53 Overseas Direct Investment in Pakistan by
Indian parties has been permitted under the
approval route from September 7, 2012.
V.54 Earlier, Navratna Public Sector Undertakings
(PSUs), ONGC Videsh Ltd (OVL) and Oil India Ltd
(OIL) were allowed to invest in overseas
unincorporated entities in the oil sector (for
exploration and drilling for oil and natural gas, etc.),
which was approved by the government without
any limits under the automatic route. On review, it
has been decided that the facility should be
extended to overseas investments in incorporated
joint ventures and wholly-owned subsidiaries in the
oil sector (for exploration and drilling for oil and
natural gas, etc.) by the Navratna PSUs, OVL and
OIL, to be approved by the government, under the
automatic route.
V.55 It has been observed that eligible Indian
parties are using the overseas direct investments
(ODI) automatic route to set up structures that
facilitate trading in currencies, securities and
commodities. Further, the Reserve Bank found that
such structures have started offering financial
products linked to the Indian Rupee (e.g., nondeliverable
trades involving foreign currency, rupee
exchange rates, stock indices linked to Indian
market, etc.).
V.56 It has been clarified that any overseas entity
that has equity participation directly/ indirectly
should not offer such products without the specific
approval of the Reserve Bank given that currently
the Rupee is not fully convertible and such products
could have implications for the exchange rate
management of the country. Any incidence of such
product facilitation would be treated as a
contravention of FEMA regulations and would
attract action under the relevant provisions of
FEMA, 1999.
DERIVATIVES MARKET
Review of Credit Default Swap (CDS) guidelines
V.57 To encourage participation in CDS, the
existing guidelines were reviewed. Some of the
measures taken are: (i) in addition to listed
corporate bonds, CDS has also been permitted on
unlisted but rated corporate bonds even for issues
other than infrastructure companies; (ii) users have been permitted to unwind their CDS bought position
with original protection seller at mutually agreeable
or FIMMDA price. If no agreement is reached, then
unwinding has to be done with the original
protection seller at FIMMDA price; and (iii)
permitting CDS on securities with original maturity
up to one year like Commercial Papers, Certificates
of Deposit and Non-Convertible Debentures with
original maturity less than one year as reference /
deliverable obligations.
Standardisation of IRS contracts
V.58 To improve tradability and facilitate
centralised clearing and settlement of IRS contracts
in future, IRS contracts have been standardised.
The standardisation of IRS contracts has been
achieved in terms of minimum notional principal
amount, tenors, trading hours, settlement
calculations, etc. To begin with, standardisation has
been made mandatory for INR Mumbai Inter Bank
Offer Rate (MIBOR)-Overnight Index Swap (OIS)
contracts which are most liquid. The standardisation
requirement is mandatory for all IRS contracts other
than client trades.
Reserve Bank synergising development and
regulation agenda
V.59 The Reserve Bank has been adopting a
synergetic approach to push forward both the
development of the financial markets and their
regulation. As part of this approach, structural
rigidities are being removed for better price
discovery and for increasing both the depth and
width of the financial markets. Effort has been made
to develop and strengthen inter-linkages between
market segments, fostering competition, increasing
menu choices through innovations in products and
market practices. Regulatory, legal, institutional and
technological infrastructure are also being
strengthened for orderly market activity. With
increasing sophistication and probabilities of
spillovers across markets and geographies,
strengthening market regulation assumes
importance so that balance sheet impact of financial
volatilities are limited.
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