To,
All
Category - I Authorised Dealer banks / Authorised banks
Madam
/ Sir,
Foreign
Exchange Management (Deposit) Regulations, 2000-
Operation
of NRO account by Power of Attorney Holder
Attention
of Authorised Dealer Category I (AD Category – I) banks and authorised banks (the
banks) is invited to paragraph No.7 of Schedule 3 to Notification
No. FEMA 5/2000-RB dated May 3, 2000 viz., Foreign Exchange Management (Deposit)
Regulations, 2000 (the Notification), as amended from time to time, in terms of
which a person resident outside India may open with an AD Category – I / authorised
bank, a Non-Resident Ordinary Rupee (NRO) account, jointly with residents.
2. As announced in the Annual
Policy Statement for the year 2007-08 [para 146(ii) (ii)], it has been decided
to extend the facility of operation of NRO account by Power of Attorney granted
in favour of a resident by the non-resident individual account holder. Accordingly,
the banks may allow operations on an NRO account in terms of such a Power of Attorney,
provided such operations are restricted to (i) all local payments in rupees including
payments for eligible investments subject to compliance with relevant regulations
made by the Reserve Bank; and (ii) remittance outside India of current income
in India of the non-resident individual account holder, net of applicable taxes.
3.
The resident Power of Attorney holder is not permitted to repatriate outside India
funds held in the account other than to the non-resident individual account holder
nor to make payment by way of gift to a resident on behalf of the non-resident
account holder or transfer funds from the account to another NRO account.
4.
Necessary amendments to Notification No. FEMA 5/2000-RB dated May 3, 2000 [Foreign
Exchange Management (Deposit) Regulations, 2000] are being notified separately.
5.
AD Category - I banks and authorised banks may bring the contents of the circular
to the notice of their constituents and customers concerned.
6.The
directions contained in this circular have been issued under Sections 10(4) and
11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without
prejudice to permissions / approvals, if any, required under any other law.
Yours
faithfully,
(Salim
Gangadharan)
Chief
General Manager