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    External Commercial Borrowings (ECBs)
    External Commercial Borrowings (ECBs) - Prepayment
    Disposal of duplicate copies of Export Declaration Forms
    FEMA, 1999 – Current Account Transactions – Remittances towards Consultancy Services
    Remittance of assets in India acquired by way of inheritance/legacy/Foreign Nationals
    Foreign Exchange Management (Insurance)Regulations, 2000
    Liberalisation of Release of Foreign Exchange for Medical Treatment Abroad
    Release of Foreign Exchange for Small Value Remittances
    Evidence of Import
    R-Return and Guide to Authorised Dealers for compilation of R-Returns – Submission of A1 and A2 forms –Discontinuation of
    Export of goods and services against repayment of State Credits granted by erstwhile Soviet Union
    Export of Goods and Services
    Exchange Earners’ Foreign Currency (EEFC) Account Scheme – Amendment
    Export of Goods and Services – Facilities to units in Special Economic Zones (SEZs)
    Assured Spare Parts Supply Agreements – Opening of stand-by Letters of Credit by Independent Power Producers
    External Commercial Borrowings – Prepayment
    Exim Bank’s Line of Credit of US$ 10 million to Banco Bradesco S.A., Brazil
    Exim Bank’s Line of Credit of US$ 10 million to Banco Industrial de Venezuela (BIV), Venezuela
    Credits to Non-Resident External Rupee (NRE) Accounts
    Deferred Payments Protocols dated 30th April 1981 and 23rd December 1985 between the Government of India and erstwhile USSR
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External Commercial Borrowings (ECBs)
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External Commercial Borrowings eligibility clarified: Automatic route confined to registered legal entities; individuals, trusts and non profits excluded.
Only legal entities registered under corporate, societies or cooperative statutes, including proprietorships and partnerships, are eligible to raise ECBs under the Automatic Route; individuals, trusts and non profit organisations are excluded. Authorised dealers must notify affected constituents of this clarification, issued under the regulatory powers of the foreign exchange statute.
External Commercial Borrowings (ECBs) - Prepayment
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Prepayment of external commercial borrowings allowed under automatic route with simplified compliance; larger prepayments require central bank approval.
Any borrower who raised ECBs in accordance with applicable rules may prepay outstanding ECBs up to USD 100 million without prior Reserve Bank permission via the automatic route, subject to a certificate from the company secretary/auditors confirming lawful utilisation and submission of ECB-2 Returns; authorised dealers must file the revised ECB-PAR within seven days. Prepayments above USD 100 million require Reserve Bank approval or in-principle clearance (valid 15 days), while prepayment from EEFC balances or fresh equity inflows requires no prior permission even if exceeding the threshold.
Disposal of duplicate copies of Export Declaration Forms
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Retention of duplicate export declaration forms: authorised dealers to retain certified duplicates and conduct internal audit checks after realisation.
Authorised dealers must retain, after due certification following realisation of export proceeds, duplicate copies of export declaration forms (GR, PP, SOFTEX), Exchange Control copies of shipping bills and related SDF instead of submitting them to the Reserve Bank; they must continue to submit Schedules 3-6 with R-Returns and perform random internal/concurrent audit checks to ensure any non-realisation or short realisation is within delegated powers or has required approval.
FEMA, 1999 – Current Account Transactions – Remittances towards Consultancy Services
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Remittance exemption for consultancy payments: no prior RBI approval if paid from EEFC accounts under government notification.
Where remittances for consultancy services are made out of funds held in Exchange Earners' Foreign Currency (EEFC) accounts, prior approval of the Reserve Bank is not required under the government notification (Rule 6(2)), thereby exempting such EEFC-sourced consultancy payments from the departmental prior-approval requirement.
Remittance of assets in India acquired by way of inheritance/legacy/Foreign Nationals
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Remittance of inherited assets: permitted for eligible foreign nationals and NRIs subject to annual limit and tax clearance.
Authorised dealers may permit remittance out of assets in India acquired by inheritance or legacy by foreign citizens (excluding Nepal and Bhutan), Non Resident Indians and Persons of Indian Origin up to the enhanced ceiling per calendar year on production of documentary evidence of acquisition and a tax clearance/No Objection Certificate from the Income Tax authority; where remittance is in instalments, all instalments must be routed through the same authorised dealer.
Foreign Exchange Management (Insurance)Regulations, 2000
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Foreign exchange regulation for insurance: permitted foreign currency accounts, reinsurance remittances and conditional claim settlements under prescribed documentation.
The memorandum sets exchange control rules under FEMA for general insurance covering issuance of policies, premium receipt and claims settlement in rupees or foreign currency; it permits IRDA registered and public sector insurers to decide annual reinsurance programmes (with Board approval) and allows designated authorised dealers to make remittances under those approved arrangements, subject to specified documentary requirements, residency rules, limitations on foreign currency payments, maintenance of foreign currency accounts abroad with minimal balances, and RBI approval where exceptions arise.
Liberalisation of Release of Foreign Exchange for Medical Treatment Abroad
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Release of foreign exchange for medical treatment allowed on applicant declaration, subject to payment by cheque, debit, or demand draft.
Authorised dealers may release foreign exchange for medical treatment abroad on the applicant's declaration without requiring a hospital/doctor estimate, subject to the circular's specified limit, and provided payment is made by cheque, debit to the applicant account, or demand draft.
Release of Foreign Exchange for Small Value Remittances
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Small value remittances: simplified declaration allows authorised dealers to release foreign exchange for permissible purposes.
Authorised dealers may effect small-value remittances for permissible purposes on the basis of a simple signed letter containing remitter and beneficiary details, amount and purpose; submission of the A2 Form need not be insisted upon. No supporting documents are required where payment is by cheque on the remitter's account or by demand draft, provided the authorised dealer reasonably satisfies himself that the transaction is not designed to contravene FEMA.
Evidence of Import
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Evidence of import requirements: authorised dealers must secure documentary proof and submit half yearly import reports.
Authorised dealers must obtain prescribed documentary evidence for import-related foreign exchange remittances above the revised threshold and rigorously follow up on non-submission, forwarding a half-yearly Form BEF to the Reserve Bank with details of such transactions. For remittances below the higher secondary threshold, dealers may accept the Exchange Control copy of Bill of Entry or a CEO/Auditor certificate confirming import where the importer is a listed company meeting a net worth criterion or a Public Sector/Government undertaking.
R-Return and Guide to Authorised Dealers for compilation of R-Returns – Submission of A1 and A2 forms –Discontinuation of
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Foreign exchange reporting: Submission of low value A1/A2 forms discontinued, altering authorised dealers' R return obligations effective immediately.
Submission of A1 and A2 forms with R Returns for payments below the equivalent of Rs.5,00,000 for all types of foreign exchange transactions may be discontinued; authorised dealers are to submit R Returns in the revised manner for the fortnight ending August 31, 2002 onwards. The directions are issued under the Foreign Exchange Management Act, 1999, under Section 10(4) and Section 11(1).
Export of goods and services against repayment of State Credits granted by erstwhile Soviet Union
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Reimbursement claim deadline for exports against State Credits shortened; late claims accepted only on fresh foreign confirmation.
Authorised dealers must lodge reimbursement claims for exports against repayment of State Credits so that documents negotiated within LC validity reach the Reserve Bank of India, Deposit Accounts Department, Mumbai, within the newly prescribed 27 working day lodging period from the date of expiry of the LC, excluding days when the Mumbai office is closed; claims received after that period will be processed only on receipt of fresh confirmation from the Bank for Foreign Economic Affairs.
Export of Goods and Services
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Export realisation timeline extended for specified jurisdictions; exporters must thereafter realise full proceeds within the prescribed period.
The Reserve Bank authorised a one year extension of the temporary facility permitting exporters to the listed jurisdictions to realise and repatriate full export proceeds within 360 days of shipment; authorised dealers must inform constituents. After the extension period, exporters must realise full proceeds within the standard six month period. The directions are issued under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999, and the annexure lists the jurisdictions covered by the temporary facility.
Exchange Earners’ Foreign Currency (EEFC) Account Scheme – Amendment
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EEFC account eligibility restricted: inward remittances for meeting specific obligations cannot be credited to EEFC accounts.
Amendment to the EEFC Account Scheme substitutes a Schedule provision to provide that inward remittances received through normal banking channels to meet specific obligations of account holders are not eligible for credit to their EEFC accounts; authorised dealers are to notify constituents and implement the directional change under statutory powers.
Export of Goods and Services – Facilities to units in Special Economic Zones (SEZs)
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Direct dispatch of export documents by SEZ units permitted where proceeds are repatriated through the named authorised dealer.
Units in Special Economic Zones may despatch export documents directly to consignees abroad provided export proceeds are repatriated through the authorised dealer named in the GR/SDF/PP/SOFTEX form and a duplicate copy of the respective declaration form is submitted to the authorised dealer for monitoring within 21 days of shipment.
Assured Spare Parts Supply Agreements – Opening of stand-by Letters of Credit by Independent Power Producers
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Independent Power Producers may obtain stand-by letters of credit for assured spare parts supply via authorised dealers.
Authorised Dealers may open stand-by Letters of Credit on behalf of Independent Power Producers in cases involving assured supply of spare parts; this permission supplements the previously narrow, exceptional-case allowance for stand-by letters of credit and is issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999.
External Commercial Borrowings – Prepayment
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Prepayment of External Commercial Borrowings allowed under an automatic route subject to compliance and reporting requirements.
The Reserve Bank permits time bound prepayment of External Commercial Borrowings under an Automatic Route until March 31, 2003 for borrowers compliant with all applicable Acts, Rules, Regulations and RBI/Government guidelines. The Automatic Route allows unrestricted prepayment where matched by foreign equity inflow or from EEFC balances, and limited prepayments for once during loan 10% withdrawals and loans with residual maturity up to one year, each subject to an aggregate USD 50 million ceiling for the scheme; amounts beyond this ceiling and other prepayments require prior RBI approval. Authorised dealers must obtain a company secretary/auditor certificate and submit an ECB PAR within seven days.
Exim Bank’s Line of Credit of US$ 10 million to Banco Bradesco S.A., Brazil
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Line of credit for export finance enabling preapproved contracts, 90% financing and UCP-based letters of credit.
A foreign currency line of credit to a foreign bank finances specified Indian exports and related services listed in the Annexure, subject to laws of both countries. Each contract requires prior approval, finances up to 90% of the f.o.b./c.&f. price with contract prices in U.S. dollars and a minimum contract size, requires a 10% buyer advance and the balance under an irrevocable letter of credit, and mandates pre-shipment inspection with an inspection certificate. Letters of credit are advised through designated negotiating bank offices, governed by UCP (1994), and negotiating banks are reimbursed in U.S. dollars subject to documentary compliance and reserve conditions.
Exim Bank’s Line of Credit of US$ 10 million to Banco Industrial de Venezuela (BIV), Venezuela
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Line of Credit financing governs export payments under irrevocable letters of credit with advance payment and bank reimbursement.
Exim Bank's line of credit to Banco Industrial de Venezuela finances approved Indian export contracts denominated in U.S. dollars, requiring Exim Bank approval and an advance by the buyer with the balance payable under an irrevocable letter of credit. Negotiating banks may pay beneficiaries in Indian rupees against compliant documents and Exim Bank reimburses negotiating banks in U.S. dollars for negotiations without reserve; reimbursements for negotiations under reserve require confirmation of document acceptance. Letters of credit must follow UCP rules and shipments must include inspection certificates and prescribed GR/SDF declarations.
Credits to Non-Resident External Rupee (NRE) Accounts
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Credits to NRE accounts allowed for current income where tax is deducted, paid or provided and eligibility certified.
Authorised dealers may credit current income such as rent, dividend, pension or interest to Non-Resident (External) Rupee Accounts where they are satisfied the receipts represent current income and income-tax on such amounts has been deducted, paid or provided for; authorised dealers may rely on an appropriate Chartered Accountant certification asserting remittance eligibility and tax compliance.
Deferred Payments Protocols dated 30th April 1981 and 23rd December 1985 between the Government of India and erstwhile USSR
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Special currency basket value adjusted; authorised dealers must apply the new rupee valuation and notify constituents accordingly.
The Reserve Bank notified an updated rupee valuation for the special currency basket effective 27 June 2002, following a further change on 24 June 2002, and directed Authorised Dealers to apply the revised valuation and notify their constituents. The circular is issued under Section 10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999 and addresses operative exchange control obligations arising from the Deferred Payments Protocols.

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