Remittance of Surplus Passage/Freight Collections by Foreign Airline
Companies
8B.1 (i) Foreign airline companies operating in or through India are required
to submit to Reserve Bank through their bankers monthly statement (in duplicate)
of their passage and freight collections and disbursements made therefrom
in form SPM 1 duly signed by the Chief Executive in India of the airline in
terms of paragraph 22 of the Guidelines (Annexure III). Applications for remittance
of surplus passage fare and freight collections to the non-resident owners
and operators of the foreign airline companies, as and when desired, should
be made by their offices or agents in India to their bankers on form A2 along
with the statement in form SPM 1 indicating, inter alia, the amount to be
remitted. The concerned authorised dealer may allow the remittance of surplus
funds provided the company has produced the necessary undertaking/certificate
regarding payment of income-tax (cf. paragraph 3B.10). Before allowing the
remittance, the bank should verify that the concerned airline has obtained
the necessary permission from Reserve Bank under Section 29 of FERA 1973 for
carrying on their commercial activity in India and also advise the concerned
airline company that discrepant amounts noticed during the scrutiny of the
statements by Reserve Bank or the amount remitted in excess of its entitlement
should be brought to India immediately by the airline company concerned by
inward remittance and no adjustment from other surplus funds held/future accretions,
etc. would be permitted.
(ii) Likewise, foreign off-line carriers i.e. those airline companies which
are not operating their services in or through India but are issuing their
tickets and/or airway bills in India are required to submit to Reserve Bank
through their bankers monthly statements (in duplicate) of their passage fare
and freight collections and disbursements made therefrom in form SPM 1 duly
signed by the Chief Executive in India of the airline or their General Sale
Agents in India in terms of paragraph 22 of the Guidelines (Annexure III).
Applications for remittance of surplus passage fare and freight collections
should be made by their Offices or their Agents in India to their bankers
on form A2 alongwith the statement in form SPM 1, indicating, inter alia,
the amount to be remitted. The authorised dealer may allow the remittance
of passage fare/freight collections subject to the terms and conditions/documents
prescribed in sub-paragraph (i) and after obtaining the following additional
documents:
a) A certified copy of Reserve Bank's permission under
Section 29 of FERA 1973.
b) Approval granted by the Director General of Civil Aviation, in original,
for the flight/s (i.e. YA signals) concerned, if the collections reported
are in respect of flight/s to/from India.
c) Undertaking/certificate regarding payment of income-tax (cf. paragraph
3B.10).
(iii) Authorised dealers may, on request, allow remittance
upto 75% of remittable surplus (subject to availability of balance in the account)
on ad-hoc basis as per quick estimates made by the foreign airline company/its
agent, pending submission of statement form SPM 1 any time after the 20th of
the month to which it relates. The balance amount of net remittable surplus
may be allowed after scrutiny of the form SPM 1 statement. No further remittance
should be allowed on ad-hoc basis till the relative form SPM 1 statement is
submitted.
(iv) One copy of the statement in form SPM 1 should be forwarded
by the authorised dealer to Reserve Bank after completing the certificate mentioned
therein immediately after making the remittance along with the undertaking/certificate
regarding payment of income-tax (cf. paragraph 3B.10). The statement should
be submitted irrespective of whether remittance of surplus funds out of India
is intended to be applied for or not.Authorised dealer should also specifically
confirm on form A2 that the remittance has been made on the basis of airline's
statement in form SPM 1 for the relevant month.
(v) Authorised dealers should watch the regular receipt of the monthly statements
from the airlines concerned who are maintaining rupee accounts with them and
bring to the notice of Reserve Bank cases where the statements are not received
by them for any particular month.
(vi) Authorised dealers may ensure that foreign airline companies
or their agents do not keep the surplus collections of passage fare and freight
in term deposits.
Remittance of Surplus Passage/Freight Collections
by Foreign Shipping companies
8B.2 (i) Foreign shipping companies/their agents in India are required to submit
to Reserve Bank through their bankers voyage-wise statements (in duplicate)
in form SPM 2 within 35 days from the date of sailing of the vessel, vide paragraph
23 of the Guidelines (Annexure III) irrespective of whether remittance of surplus
funds out of India is intended to be applied for or not. Applications for remittance
of surplus freight and passage fare collections due to non-resident ship owners
and shipping companies operating to/from India may be made by their offices
or local agents in India to their bankers on form A2 together with a copy of
the statement in form SPM 2 and the documents mentioned therein. The concerned
authorised dealer may allow the remittance after scrutinising the application
in accordance with the Guidelines given in Annexure V and after satisfying that
the remittable amount has been correctly arrived at with reference to the documents
produced and provided that the company has submitted the necessary undertaking/certificate
regarding payment of income-tax (cf. paragraph 3 B.10). Detailed guidelines
for scrutiny of applications received in form SPM 2 are given separately in
Annexure V at the end of this Chapter. While permitting the remittance, the
authorised dealer should also advise the agent that the discrepant amounts noticed
during the scrutiny of the statements by Reserve Bank or the amount remitted
in excess of its entitlement should be brought to India immediately by inward
remittance from the overseas company concerned.
(ii) Authorised dealers should watch the receipt of the statements from the
shipping companies/their agents concerned who are maintaining bank accounts
with them for crediting the freight/passage collections. They should maintain
a register for recording the particulars of SPM 2 statements received and remittances
of surplus passage/freight collections allowed in form SRM.
(iii) Authorised dealers should also forward to Reserve Bank a monthly statement
of remittances allowed in form SRM i.e. the form in which a register is maintained
by them, after completing the certificate mentioned therein, alongwith copies
of statements in form SPM 2 without its enclosures. The statement should be
sent to Reserve Bank on or before 10th day of the succeeding month. The documents
submitted by the applicants alongwith SPM 2 should be preserved for a period
of one year from the date of remittance or till the date of acceptance of the
transaction/s as in order by their internal auditors, whichever is later.
(iv) The local agents of the overseas Non Vessel Operating Common Carriers (NVOCCs)
operating to/from India may approach the concerned Regional Office of Reserve
Bank under whose jurisdiction the port of their activity falls for grant of
general permission for remittance of surplus freight collections to their overseas
principals, through a designated branch i.e. a branch of an authorised dealer
with whom they are maintaining bank accounts styled as_________________________________________.A/c.__________________________
(Name of the Agent)
(Name of the principal)
alongwith the following documents -
(i) Certificate of Incorporation, Memorandum and Articles of Association of
the overseas company i.e. NVOCC.
(ii) Details of its membership of any P & I Club or any other organisation
for marine cargo insurance and a copy of the receipt in respect of last premium/subscription
paid to such club/organisation or copy of membership certificate.
(iii) Financial status certificate from the bankers of NVOCC.
Reserve Bank will grant general permission to the local agent
to make the remittances through the designated branch. After the general permission
has been granted by the Reserve Bank for the purpose, the designated branch
of authorised dealer may allow the remittances of surplus freight collection
to the principal NVOCC in accordance with the instructions contained in sub-paragraphs
(i) to (iii) above.
(v) Authorised dealers may, on request, allow remittance upto 75% of remittable
surplus (subject to availability of balance in the account) on ad-hoc basis
as per estimates made by the agent of a foreign shipping company, pending submission
of SPM2 statement, after sailing of the vessel. The balance amount of net remittable
surplus may be allowed only after scrutiny of the SPM2 statement (cf. Annexure
V to this Chapter). No further remittance should be allowed if the relative
SPM 2 statement is not submitted within 20 days from the date of ad-hoc remittance.
(vi) Foreign shipping companies operating feeder services
to/from India or their agents in India and collecting freight/slot hire charges
from Main Line Operators, Multimodal Transport Operators, NVOCCs or their agents
should submit to Reserve Bank a voyagewise statement in form SPM 4 vide item
(23A) of the Guidelines (Annexure III ). Applications for remittance of surplus
collections due to non-resident owners and operators of feeder services operating
in or through India should be made by their local offices or agents in India
to their bankers on form A 2, citing a reference to the statement submitted
directly to Reserve Bank. Such applications should be referred to Reserve Bank
for approval.
(vii) Authorised dealers may ensure that the foreign shipping
companies or their agents do not keep the surplus collections of passage fare
and freight in term deposits.
Remittance of Surplus Passage/Freight Collections by
Foreign Airline/Shipping Companies
11C.3 Regulations governing remittance of surplus freight and
passage collections by foreign airline/shipping companies operating in or through
India are laid down in Part B of Chapter 8.
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