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        Customs, DGFT & SEZ

        Risk Management and Inter Bank Dealings

        December 15, 2011

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        Keeping in view the developments in the foreign exchange market, it has been decided to implement the following measures with immediate effect until further review.

        i. Under contracted exposures, forward contracts, involving the Rupee as one of the currencies, booked by residents to hedge current account transactions, regardless of the tenor, and to hedge capital account transactions, falling due within one year, were allowed to be cancelled and rebooked.

        It has now been decided to withdraw the above facility. Forward contracts booked by residents irrespective of the type and tenor of the underlying exposure, once cancelled, cannot be rebooked.

        ii. Under probable exposures based on past performance residents were allowed to hedge currency risk on the basis of a declaration of an exposure and based on past performance up to the average of the previous three financial years’ (April to March) actual import/export turnover or the previous year’s actual import/export turnover, whichever is higher. Further, contracts booked in excess of 75 per cent of the eligible limit were to be on deliverable basis and could not be cancelled.

        It has now been decided that

        a. For importers availing of the above past performance facility, the facility stands reduced to 25 percent of the limit as computed above, i.e., 25 percent of the average of the previous three financial years’ (April to March) actual import/export turnover or the previous year’s actual import/export turnover, whichever is higher. In case of importers who have already utilised in excess of the revised / reduced limit, no further bookings may be allowed under this facility.

        b. All forward contracts booked under this facility by both exporters and importers hence forth will be on fully deliverable basis. In case of cancellations, exchange gain, if any, should not be passed on to the customer.

        iii. All cash/tom/spot transactions by the Authorised Dealers on behalf of clients will be undertaken for actual remittances / delivery only and cannot be cancelled / cash settled.

        iv. Foreign Institutional Investors (FIIs) are currently allowed to hedge currency risk on the market value of entire investment in equity and/or debt in India as on a particular date. The contracts once cancelled cannot be rebooked except to the extent of 10 per cent of the market value of the portfolio as at the beginning of the financial year. The forward contracts may, however, be rolled over on or before maturity.

        It has now been decided that henceforth forward contracts booked by the FIIs, once cancelled, cannot be rebooked. The forward contracts may, however, be rolled over on or before maturity.

        v. The Board of Directors of Authorised Dealers were allowed to fix suitable limits for various Treasury functions with net overnight open exchange position and aggregate gap limits required to be approved by the Reserve Bank.

        It has now been decided that

        a. Net Overnight Open Position Limit (NOOPL) of Authorised Dealers would be reduced across the board. Revised limits in respect of individual banks are being advised to the Authorised Dealers separately.

        b. Intra-day open position / daylight limit of Authorised Dealers should not exceed the existing NOOPL approved by the Reserve Bank.

        c. The above arrangement would be reviewed on an ongoing basis keeping in view the evolving market conditions.

        Other details are available in A.P. (Dir Series) Circular No.58 dated December 15, 2011.

        Ajit Prasad

        Assistant General Manager

        Foreign exchange hedging restrictions: cancellation of forward contracts barred and deliverable-only hedges tightened for importers and dealers. Forward contracts booked by residents and by Foreign Institutional Investors, once cancelled, cannot be rebooked though rollovers remain permitted; past-performance hedging for importers is reduced to 25 percent of the computed limit and all such contracts must be fully deliverable with exchange gains on cancellations not passed to customers. Cash/tom/spot client transactions must be for actual remittance/delivery only and cannot be cancelled or cash-settled. Authorised Dealers face reduced Net Overnight Open Position limits and intra-day positions must not exceed approved NOOPL, with ongoing Reserve Bank review.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Foreign exchange hedging restrictions: cancellation of forward contracts barred and deliverable-only hedges tightened for importers and dealers.

                              Forward contracts booked by residents and by Foreign Institutional Investors, once cancelled, cannot be rebooked though rollovers remain permitted; past-performance hedging for importers is reduced to 25 percent of the computed limit and all such contracts must be fully deliverable with exchange gains on cancellations not passed to customers. Cash/tom/spot client transactions must be for actual remittance/delivery only and cannot be cancelled or cash-settled. Authorised Dealers face reduced Net Overnight Open Position limits and intra-day positions must not exceed approved NOOPL, with ongoing Reserve Bank review.





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                              ActsIncome Tax
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