c18 Flashcards
The British Government imposed exchange control in India under the ______________-, as part of their war efforts with a view to directing foreign exchange to nationally important objectives
Defence of India Rules on September 3, 1939
Subsequently, the _______________ was introduced after World War II, to ration the scarce Foreign Exchange for all external payments
Foreign Exchange Regulation Act (FERA), 1947
FERA, 1947 was replaced by
Foreign Exchange Regulation Act, 1973
Foreign Exchange Regulation Act, 1973 the purpose of which (as stated in the preamble to Act) was
“…. for the conservation of the foreign exchange resources of the country and the proper utilization thereof….”
The reform process also included the introduction of flexible exchange rate, starting with exchange rate adjustments in
July 1991.
introduction of Liberalised Exchange Rate Management System in
March 1992.
implementation of completely market determined exchange rate system by
March 1993.
To ensure that the foreign exchange laws or regulations are responding to the evolving economic situation, the Foreign Exchange Management Act (FEMA) was enacted in 1999 to replace FERA, 1973 with effect from
June 1, 2000.
FEMA, 1999 classifies all foreign exchange transactions into two broad categories viz
Current Account and Capital Account Transactions
A “current account transaction” is transaction other than a capital account transaction i.e., mostly of a revenue nature. Example
Exports, Imports, Personal remittances, Gift, Income etc
The definition of a resident as per FEMA, 1999 broadly includes a person residing in India for more than ____________ days in the preceding financial year;
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In terms of _______________ Reserve Bank authorises entities designated as Authorised Persons to deal in foreign exchange which inter alia includes an Authorised Dealer or a Money Changer.
Section 10(1) of the FEMA, 1999
Authorised Dealer Category-I
Commercial Banks, State Cooperative Banks, Urban Cooperative Banks All current account transactions (unless restricted by Government in consultation with RBI) and permissible capital account transactions
Authorised Dealer Category-II
Existing FFMCs, Urban Cooperative Banks, Regional Rural Banks, Small Finance Banks, Payments Banks, Systemically Important Non-Deposit taking Non- Banking Financial Company -Investment and Credit Companies (NDSI-NBFC- ICCs) Specified non-trade related current account transactions as also all the activities permitted to Full Fledged Money Changers.
Authorised Dealer Category-III
Select financial and other institutions To carry out specific foreign exchange transactions incidental to their business / activities
Full Fledged Money Changers (FFMC)
Select registered companies Purchase of foreign exchange and sale of foreign exchange for private and business visits abroad
Reserve Bank also permits _______________to enter into franchisee (also referred as agency) agreements at their option for carrying on Restricted Money Changing business i.e., conversion of foreign currency notes, coins or travellers’ cheques into Indian Rupees
AD Cat – I Banks, AD Cat – II entities and FFMCs
In terms of _______________ any person contravening the provisions of FEMA, 1999 upon adjudication, be liable to a monetary penalty.
section 13 of FEMA, 1999
Compounding is a mechanism wherein
a contravention is regularized by way of voluntary admission and payment of amount imposed, by the person committing such contravention.