FOREIGN EXCHANGE REGIME

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- General The
Reserve Bank of India administers exchange controls in accordance
with the Government's policy designed to maintain general control
over the foreign exchange situation, particularly outgoing financial
flows. The Foreign Exchange Regulation Act (FERA), 1973 confers
powers to the Reserve Bank of India concerning foreign exchange
control. General or specific permission is required from the Reserve
Bank of India for all foreign exchange transactions.
Foreign companies operating in India are governed by the 1973
Foreign Exchange Regulation Act (FERA), which sets guidelines for
bank accounts, loans, foreign exchange trading and the remittance of
dividends and profits.
In March 1993, the government ended certain FERA restrictions on
domestic borrowing, trading and acquisition of immovable property by
companies with more than 40% foreign equity. Residents may use up to
25% of foreign exchange earnings to maintain a foreign currency bank
account in India. Foreign employees, liaison offices, project
offices and branches of foreign companies may open and use a
resident bank account in Indian currency provided that they have
approval by the Reserve Bank for operations in India.
Exporters who have net foreign exchange earnings of a certain level
can maintain a foreign currency account outside of India. The sale
of foreign exchange or rupee transfers to non-resident accounts in
payment for imports may be made by authorized dealers. Persons,
firms and banks (other than authorized banks) must apply to an
authorized dealer on form A1 "Application for remittance in
foreign currency" to pay for imported goods. In certain cases,
additional questionnaire forms or supporting letters may be required
along with form A1.
- Currency
convertibility In August 1994, the rupee was made fully convertible
on the current account. Rupee convertibility on the trade account is
restricted by the negative list of imports and exports and limited
to those involved in trade. All export and import transactions are
conducted at the market rate of exchange. This applies as well to
other transactions, such as inflow of foreign equity for investment,
outflows in the case of disinvestment, payments in respect of
repatriation of dividends, fees and royalties for technical know-how
and for foreign travel.
- Banking
The financial sector in India is controlled by the state. As a
result of past nationalizations, the government controls some 90% of
the assets of the banking and finance sectors. The Reserve Bank,
India's central banking institution, supervises all banking
operations in the country. Its tasks involve the following:
- regulation of the availability
of funds to the banking sector by adjusting bank rates, imposing
reserve requirements and engaging in open-market securities
operation;
- credit control through bank
lending to the commercial sector;
- approval for short-term loans and
overdrafts secured by guarantees from parent or affiliate
companies.
However, the Indian
government is expected to continue liberalization of the financial
sector. The Reserve Bank has permitted the establishment of new domestic
banks, and foreign banks are being encouraged to open new branches.
The Asian Clearing Union (ACU) was established in 1974 under the
auspices of the Economic and Social Commission for Asia and the Pacific
as a mechanism for settlement of payments among participating countries'
central banks. The Reserve Bank of India is one of the original
participants. The other participants are Bangladesh, the Islamic
Republic of Iran, Nepal, Pakistan, Sri Lanka and Myanmar.
All authorized banks in India can handle transactions cleared through
the Asian Clearing Union, and there is a specific A1 form to cover
remittances for imports through the Asian Clearing Union. It is
compulsory that all eligible payments among participants be settled
through the Asian Clearing Union. |