IIBF Foreign Exchange Operations Guide
IIBF Foreign Exchange Operations Guide
Only Points
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Preface
I have shared Notes related to Certificate Course in Foreign Exchange
Operations based on syllabus provided by IIBF, vide Book No 97 on
14th March, 2024.
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Certificate Course in
Foreign Exchange Operations
Syllabus 2024
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IV. Documentary Credits & Standby Credits
V. Export Finance
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Index
Chapter Topic Page No
No
01 FEDAI Role and Rules 006-014
02 Foreign Exchange Rates and Risk Management 015-019
03 Fx Global Code 020-020
04 Regulatory Requirements under FEMA for 021-024
Resident/ Non-resident Individuals
05 Liberalised Remittance Scheme (LRS) & Other 025-030
Remittance Schemes.
06 Foreign Currency Accounts in India/ Abroad 031-035
07 Acquisition of Assets & Securities Abroad 036-039
08 Facilities for Non-resident Indians – Deposits 040-041
Accounts, Investments, Borrowing etc.
09 Import of Goods & Services & non-import 042-047
remittance
10 External Commercial Borrowing 048-049
11 Export of goods and services 050-055
12 ODI 056-056
13 Offshore Investing 057-057
14 FDI, FPI and FII 058-061
15 Setting up LO;BO and PO by Foreign Entities 062-065
16 UCP 600 066-066
17 INCOTERMS 2010 & 2020 067-070
18 URC 071-071
19 ISBP 072-073
20 URBO 074-076
21 URDG 077-077
22 DOCDEX Rules 078-078
23 Export Credit 079-090
24 International Factoring & Forfaiting 091-092
25 ECGC 093-094
26 Foreign Trade Policy (FTP) 2015-20 095-096
27 Miscellaneous Concepts related to Forex 097-111
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01. FEDAI
01. Foreign Exchange Dealer’s Association of India (FEDAI) was set up
in 1958
09. The member banks of FEDAI are free to determine their own
charges for various types of forex transactions.
10. Banks should take care to ensure that customers with low volume
of activities are not penalised.
11. All members shall abide by FEDAI Code of Conduct 2017 and shall
submit their ‘Statement of Commitment’ in prescribed format.
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13. Authorised dealers may undertake customer (persons resident in
India and persons resident outside India) and inter-bank transactions
on all working days beyond normal market hours.
17. Spot date Roll over for FCY/INR transactions will take place at
12.00 midnight IST.
18. For the purpose of Foreign Exchange business, Saturday will not
be treated as a working day except for specified transactions.
22. For crystallisation into Rupee liability, the Authorised Dealer shall
apply its TT selling rate of exchange.
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24. In case of dishonour of a bill before crystallisation, the bank shall
recover Rupee equivalent amount of the bill and foreign currency
charges at TT selling rate.
25. In case of early realisation, interest for the unexpired period shall
be refunded to the customer.
26. The bank shall pay or recover notional swap cost as in the case of
early delivery under a forward contract.
28. In the case of export usance bills, where due dates are fixed or are
reckoned from date of shipment or date of bill of exchange etc., the
actual due date is known. Therefore, in such cases, normal transit
period is not applicable.
29. NTP if the Bill drawn on DP/At Sight Basis and not under Letter
of Credit (LC) - Bill in Foreign Currencies – 25 days
30. NTP if the Bill drawn on DP/At Sight Basis and not under Letter
of Credit (LC) - Bills in Rupees – 20 days
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35. If the Bills are drawn in Rupees under Letters of Credit(L/C) -
Reimbursement provided by banks abroad – 20 days
39. The conversion to Rupee equivalent shall be made only after the
foreign currency amount is credited to the Nostro account of the
bank.
42. For Crystallisation of Import bill Prevailing Bill Selling rate, in case
there is no hedge contract.
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46. The applicable exchange rate for conversion of the foreign
currency inward remittance shall be TT buying rate or the contracted
rate as the case may be.
47. Authorised Dealers shall pay or send intimation, as the case may
be, to the beneficiary in two working days from the date of receipt of
credit advice / Nostro statement. In case of delay, the bank shall pay
the beneficiary interest @ 2% over its savings bank interest rate. The
bank shall also pay compensation for adverse movement of exchange
rate, if any.
48. In case, the beneficiary does not respond within five working days
from receipt of credit intimation as above and the bank does not
return the remittance to the remitting bank, the bank shall initiate
action to crystallize the remittance;
49. In case of any dispute between the banks, the matter may be
referred to FEDAI. FEDAI will appoint a sub-committee of 3 members
from the Managing Committee and give directions to the parties
concerned.
51. Unless the date of delivery is fixed, option period may be specified
at the discretion of the customer subject to maximum not extend
beyond one month.
52. If the fixed date of delivery or the last date of delivery option is a
known holiday; the last date for delivery shall be the preceding
working day.
54. Contracts permitting option of delivery must state the first & last
dates of delivery.
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55. “Ready” or “Cash” merchant contract is deliverable on the same
day.
56. “Value next day” contract shall be deliverable on the working day
immediately succeeding the contract date.
59. Duration of the contract being computed from spot value date at
the time of transaction.
61. The exchange rate shall be quoted in direct terms i.e. so many
Rupees and Paise for 1 unit or 100 units of foreign currency.
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66. In case of cancellation of a contract at the request of a customer
(if the request is made on or before the maturity date) the Authorised
Dealer shall recover/ pay, as the case may be, the difference between
the contracted rate and the rate at which the cancellation is effected.
71. For contract is cancelled after the maturity date the customer
shall not be entitled to the exchange difference. Customer shall,
however, be liable to pay the exchange difference, against him.
73. Authorised Dealer shall recover interest on outlay of funds for the
purpose of arranging the swap, in addition to the swap cost in case
of early delivery of a contract.
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76. Exchange brokers, Multi Bank Portals (MBP), Electronic Order
Matching Systems (EOMS) are some of the commonly used
intermediaries in foreign exchange markets.
82. A bank must refuse to give delivery to or take delivery from any
party other than the declared principal – an authorised dealer.
84. The claim for the delay in receipt of funds by the buyer bank
should be made within 15 working days from the due date of the
contract. The seller bank in such a case shall be liable to pay interest
for the full period of delay.
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85. If the claim is not made within 15 working days, the interest will
be payable by the selling bank for the maximum period of 60 days
only.
86. The selling bank has to settle the claim (with interest for overdue
period) within 15 working days from the date of receipt of claim.
87. If a claim is not settled within 15 working days, the seller bank
will be required to pay interest at the rate mentioned in 8.2 above for
the entire overdue period. The cap of 60 days for interest payment
will not apply in such cases.
88. In case the claim is not settled within 60 days from the date of
lodgement of claim, the matter may be referred to FEDAI for final
decision, which shall be binding on both the banks concerned.
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02. Foreign Exchange Rates & Risk Management
01. A currency printed in another country is called Foreign currency.
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11. Under Managed floating exchange rate system the central banks
intervene or participate in the purchase or selling of the foreign
currencies.
13. Retail forex traders can avail 2 primary types of options – Call or
Put Option and Single Payment Options Currency Trading (SPOT)
14. When the buyer has the right to purchase a currency pair at a
given exchange rate in the future, then it is called the call option.
15. When the buyer has the right to sell a currency pair at a given
exchange rate in the future, then it is called the put option.
16. Single Payment Options Currency Trading (SPOT) are easier to set
and execute. They have higher premium costs compared to
traditional options.
19. The price of the currency option can be split into 2 components –
intrinsic value and time value.
21. European Style – Only the price is relevant at the expiration date.
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22. American Style – Can exercise any time on or before its expiry, the
option is more flexible and more expensive.
23. Currencies are bought and sold in the foreign exchange market.
24. India has two kinds of foreign exchange markets – Spot Market &
Forward Market.
25. Presently, India follows a floating exchange rate system where the
exchange rate of currencies depends much on the market forces.
However, the RBI intervenes in the system during times of volatility
by buying and selling the currencies to stabilize the rate.
27. The primary types of foreign exchange systems are – Spot Market,
Forward Market, and Futures Exchange, in reference to Exchange
Rate Management.
30. The three main types of exchange rate risk are : Transaction risk,
Translation risk and Economic risk,
31. Transaction risk, which is basically cash flow risk and deals with
the effect of exchange rate moves on transactional account exposure
related to receivables (export contracts), payables (import contracts)
or repatriation of dividends.
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32. An exchange rate change in the currency of denomination of any
such contract will result in a direct transaction exchange rate risk to
the firm.
36. Value at Risk is defined as the maximum loss for a given exposure
over a given time horizon with z% confidence.
37. The two most commonly used cross-currency swaps are the Cross-
Currency Coupon Swap and The Cross-Currency Basis Swaps.
40. The most common type of option structure is the plain vanilla call,
which is defined as buying an upside strike in an exchange rate with
no obligation to exercise.
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42. Currency futures are similar to forward contracts in that they
allow a firm to fix the price to be paid for a given currency at a future
point in time.
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03. FX Global Code
01. The FX Global Code is a set of principles of good practice for
foreign exchange market participants.
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04. Regulatory Requirements under FEMA
for Resident/ Non-resident Individuals
05. While NRE and NRO Accounts are maintained in Indian Rupees,
the FCNR (B) Account stays denominated in the foreign currency
itself.
06. An NRI is free to open NRI Accounts with any authorised bank.
07. An NRI can remit foreign currency into India without any limit.
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09. Currency Declaration Form (CDF) is not required; if the foreign
currency notes are less than or equal to US$ 5,000, or total of
travellers’ cheques and banknotes are less than or equal to US$
10,000.
13. NRIs are allowed to invest in Indian securities, mutual funds, and
other financial instruments under FEMA, subject to certain limits and
conditions specified by RBI.
15. Under FEMA, the RBI allows NRIs to give gifts to residents in India,
subject to certain monetary limits and conditions.
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19. ROR individuals are taxed on their global income, i.e., income
earned in India as well as income earned abroad.
22. RNOR individuals are taxed on their income earned in India, and
income received or deemed to be received in India. However, income
earned abroad is not taxed in India.
26. NR individuals are required to file a tax return in India only if their
income in India exceeds the basic exemption limit, which is currently
Rs 2.5 lakhs per annum.
27. Non-Resident Indians (NRIs) who earn income in India but are
residents in another country may be eligible for tax benefits under
the Double Taxation Avoidance Agreement (DTAA) between India
and their country of residence.
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29. As per the IT laws, a person can either be a resident or a non-
resident in India. Individuals are treated as residents in India if they
fulfil any one of the two conditions: They were in India for 182 days
or more during the relevant financial year or were in India for 60 days
or more in the relevant FY and their cumulative stay in India is 365
days or more in the four preceding FYs.
35. Residency status under FEMA doesn’t affect tax liability because
in this case an individual’s residency changes from a particular date
and may not be the same for the full year.
36. Under FEMA, the residency status mainly impacts Cross Border
Payments and who can exercise the Liberalised Remittance Scheme
(LRS) as it is not allowed to non-residents.
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05. Liberalised Remittance Scheme (LRS) &
Other Remittance Schemes.
01. The legal framework for administration of foreign exchange
transactions in India is provided by the Foreign Exchange
Management Act, 1999, (FEMA), which came into force with effect
from June 1, 2000.
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10. The LRS scheme applies to the residents of India, and thus, the
remittance takes place through a savings account.
13. The limit of USD 2,50,000 per Financial Year (FY) under the
Scheme also includes/subsumes remittances for current account
transactions (viz. private visit; gift/donation; going abroad on
employment; emigration; maintenance of relatives abroad; business
trip; medical treatment abroad; studies abroad) available to resident
individuals.
15. Banks should not extend any kind of credit facilities to resident
individuals to facilitate capital account remittances under the
Scheme.
16. The Scheme is not available for remittances for any purpose
specifically prohibited.
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19. It is mandatory for the resident individual to provide his/her
Permanent Account Number (PAN) to make remittance under the LR
Scheme.
a) the loan is free of interest and the minimum maturity of the loan
is one year;
b) the loan amount should be within the overall limit under the
Liberalised Remittance Scheme of USD 2,50,000
d) the loan amount should be credited to the NRO a/c of the NRI /
PIO. Credit of such loan amount may be treated as an eligible credit
to NRO a/c;
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22. NRIs are permitted to transfer up to USD 10,000 from an NRO
account.
24. Profits gained from overseas investments made through LRS are
taxable in India depending on the investment’s holding period.
25. Investments (under LRS) over two years are considered long-term
capital gains and impose a tax of 20% on the total profit earned.
26. Profits earned from investments (under LRS) below two years are
taxed at normal income tax slab rates.
27. Under the LRS scheme, we are liable to pay a 5% TCS (Tax
Collected at Source) for remittances exceeding the limit of Rs.
7,00,000. However, we can claim a refund for the deducted TCS while
filing ITR (income tax return) using Form 26AS.
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32. Once a remittance is made for an amount up to USD 2,50,000
during the financial year, a resident individual would not be eligible
to make any further remittances under this scheme, even if the
proceeds of the investments have been brought back into the
country.
35. LRS does not envisage extension of fund and non-fund based
facilities by the AD banks to their resident individual customers to
facilitate remittances for capital account transactions under LRS.
39. If a sole proprietorship firm intends to remit the money under LRS
by debiting its current account then the eligibility of the proprietor
in his individual capacity has to be reckoned. If an individual in his
own capacity remits USD 250,000 in a financial year under LRS, he
cannot remit another USD 250,000 in the capacity of owner of the
sole proprietorship.
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41. Persons other than individuals can Donate up-to one per cent of
their foreign exchange earnings during the previous three financial
years or USD 5,000,000, whichever is less.
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06. Foreign Currency Accounts in India/ Abroad
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09. EEFC accounts cannot be opened wherever RBI has specifically
permitted exporters to maintain foreign currency accounts with
banks abroad.
15. Further no lien can be marked for the balance held in EEFC
accounts.
18. RFC allows for the free utilisation of foreign currency balances.
19. RFC accounts are especially useful for Non Resident Indians (NRI)
who return to India for good (permanently) and would like to bring
back/maintain the Foreign Currency from their overseas bank
accounts.
20. The funds in RFC account can be freely utilized by the Account
Holder for any bonafide remittance outside India through normal
banking channels including for investments abroad.
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21. Returning Indians, i.e. those Indians, who were Non-Residents
earlier and are returning now for permanent stay, are permitted to
open, hold and maintain with an Authorized Dealer in India a Foreign
Currency Account – RFC
23. Min. 100 units of any of the above Currency for opening of RFC
SB/RFC CA Accounts.
24. For RFC SB/ RFC CA, no Interest if balance below 1000 units in
each currency. However, Min Interest Payable USD 10 per Half Year
or in equivalent in other currencies.
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32. Resident Foreign Currency (Domestic) Account [RFC(D)] Account
can be opened from foreign exchange acquired in various forms,
including gifts, honorariums and unspent foreign exchange.
38. The balances in the RFC (D) account may be allowed to be credited
to NRE/FCNR account, at the option/request of the account holder,
consequent upon the change of the residential status of the account
holder from Resident to Non-resident.
39. Diamond Dollar Account (DDA) is maintained in US Dollars as a
current account without interest for Gems & Jewellery Exporters
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44. DDA account holders can access the forex market for purchasing
foreign exchange without utilizing the balances in their DDA
accounts.
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07. Acquisition & Remittance of Assets Abroad
01. According to section 6(4) of the FEMA, a person resident in India
can hold, own, transfer or invest in any immovable property situated
outside India if such property was acquired, held or owned by him/
her when he/ she was resident outside India or inherited from a
person resident outside India.
05. NRI can acquire as gift immovable property in India (other than
agricultural land/ farmhouse/ plantation etc) from Resident/ NRI/
OCI who is a relative
b. Resident
07. NRI/OCI can Sell (other than agricultural land/ farmhouse/
plantation etc) to Resident/ NRI/ OCI
09. NRI/OCI can Gift (other than agricultural land) to Resident/ NRI
/ OCI
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11. NRI/OCI can Gift residential/ commercial property to Resident/
NRI/ OCI
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17. If a foreign national leaves India after being in employment here,
his Indian bank account may be designated as NRO account.
22. NRIs/ PIOs can remit the sale proceeds of immovable property
(other than agricultural land/ farm house/ plantation property) in
India subject conditions.
23. In the case of residential property, the repatriation of sale
proceeds is restricted to not more than two such properties.
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26. Section 6(5) of FEMA states that a person resident outside India
may hold, own, transfer or invest in any immovable property situated
in India if such property was acquired, held or owned by such person
when he was resident in India or inherited from a person who was
resident in India.
27. An NRI/ PIO may remit proceeds from the following assets up to
USD 1 Million in a financial year
29. The sale proceeds of all the assets shall first be transferred to the
NRO account.
30. A Non – Resident Indian/ or a PIO may remit an amount of USD 1
million per financial year out of the balance lying in his NRO account.
However, this remittance facility is not available to the citizens of
Pakistan, Bhutan, Nepal and Bangladesh.
31. The current income like rent, interest, pension, dividend may be
credited directly to the NRE account of the PIO/NRI, if AD is satisfied
that applicable taxes have been paid/provided for.
32. Students can receive USD 100000 from close relatives towards
maintenance (this includes fees for education).
33. An Indian resident employed by a foreign company wherein the
Indian resident is working in the Indian branch/ joint venture/ rep
office of the foreign company is allowed to open, hold & maintain a
foreign currency account. However, the income tax payable on such
salary should be paid as per provisions of Income Tax Act, 1961. 34.
34. A Foreigner who is resident in India and is employed in an Indian
Company may transfer his Indian Salary to a foreign currency account
provided the relevant Indian Income Tax has been paid/ provided for.
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08. Facilities for Non-resident Indians
(Deposits, Investments, Borrowing etc.)
01. In India, there are three types of accounts that Non-Resident
Indians (NRIs) can open – NRE Account, NRO Account, and FCNR (B)
Account.
02. NRI accounts can only be opened by individuals who have been
residing out of the geographical territories of India for at least 120
days in a year and spent less than 365 days in India in four previous
years. It is because such individuals’ residential status would then
change to an NRI, as per the Income Tax Act 1961.
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10. The currencies in which deposits can be held in an FCNR (B)
Account are – US Dollars (USD), Canadian Dollar (CAD), Australian
Dollar (AUD), Euro (EUR), Great Britain Pound Sterling (GBP),
Singapore Dollar (SGD), Hong Kong Dollar (HKD), Japanese Yen (JPY)
and Swiss Franc (CHF).
11. NRE and FCNR accounts permit full repatriation, which means you
can transfer both the principal amount and the interest earned to
your foreign bank account without any restrictions. NRO accounts
have limitations on repatriation.
13. An NRI between the age of 18 years to 60 years can open an NPS
account with a POP (Point of Presence) in India.
14. One can continue with PPF account which he opened when he
was a resident Indian. However, he cannot extend the PPF account
after the maturity period of 15 years.
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09. Import of Goods/Services & Non-import remittance
01. Except for goods included in the negative list which require
licence under the Foreign Trade Policy in force, AD may freely open
letters of credit and allow remittances for import.
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08. AD may permit settlement of import dues delayed due to
disputes, financial difficulties, etc. Interest in respect of delayed
payments, usance bills or overdue interest for a period of less than
three years from the date of shipment.
13. A person may bring Into India from ”Nepal’ or Bhutan, currency
notes of G.O.I and Reserve Bank of India for any amount in
denominations up to Rs.100/-.
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14. An authorised dealer may give a guarantee in respect of any debt,
obligation or other liability incurred by a person resident in India and
owned to a person resident outside India, as an importer, in respect
of import on deferred payment terms in accordance with the
approval by the Reserve Bank of India for import on such terms.
17. Physical import of goods into India is made within six months
(three years in case of capital goods) from the date of remittance and
the importer gives an undertaking to furnish documentary evidence
of import within fifteen days from the close of the relevant period.
18. AD bank shall create Outward Remittance Message (ORM) for all
outward remittances in IDPMS.
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21. Import bills and documents should be received from the banker
of the supplier by the banker of the importer in India.
22. AD should not make remittances where import bills have been
received directly by the importers from the overseas supplier, except
in the following cases:
i) Where the value of import bill does not exceed USD 300,000.
ii) Import bills received by wholly-owned Indian subsidiaries of
foreign companies from their principals.
iii) Import bills received by Status Holder Exporters, 100% EOU / Units
in SEZ PSUs and All Limited Companies (viz. public limited, deemed
public limited and private limited companies.
23. ADs are permitted to allow remittance for imports up to USD
300,000 where the importer of rough diamonds, rough precious and
semi-precious stones has received the import bills / documents
directly from the overseas supplier and the documentary evidence for
import is submitted by the importer at the time of remittance.
(b) The Exg Control Copy of BoE for warehousing, in case of 100%
EOU, or
(c ) Customs Assessment Certificate or Postal Appraisal Form, as
declared by the importer to the Customs Authorities, where import
has been made by post, as evidence that the goods for which the
payment was made have actually been imported into India.
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25. In respect of imports on D/A basis, AD should insist on production
of evidence of import at the time of effecting remittance of import
bill.
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29. AD should submit a statement on half-yearly basis as at the end
of June & December of every year, in form BEF furnishing details of
import transactions, exceeding USD 100,000 in respect of which
importers have defaulted in submission of appropriate document
evidencing import within 6 months from the date of remittance using
eXtensible Business Reporting Language (XBRL) system online and
Bank-wise instead of the present system of branch-wise
submission, to the respective Regional Offices of the RBI.
32. Star and Premier Trading Houses (STH/PTH) can import gold on
Document against Payment (DP) basis as per entitlement without any
end use restrictions.
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10. External Commercial Borrowings (ECBs)
01. ECBs refer to the borrowing of funds by Indian companies from
foreign sources in the form of loans, bonds, or other financial
instruments.
02. External Commercial Borrowing (ECB) is an instrument used to
facilitate Indian companies or big corporations to raise money
outside the country in foreign currency.
05. ECB is subject to regulatory oversight by the RBI, which sets limits
on the amount of ECB that Indian companies can obtain and the
purposes for which it can be used.
06. ECB provides an opportunity to borrow a large volume of funds
for the long term.
08. ECBs are in the form of foreign currencies. Hence, they enable the
corporate to have foreign currency to meet the import of machineries
etc.
10. ECB in Approval route: For specific sectors, the borrowers have to
take the permission of the government before borrowing through
ECB.
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11. External commercial borrowings typically have a three-year
minimum maturity length.
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11. Export of Goods and Services
01. Export trade is regulated by the Directorate General of Foreign
Trade (DGFT) Department of Commerce, Government of India.
05. For status holder exporters, the limit (waiver of EDF) is Rs.10
lakhs or 2 per cent of the average annual export realization during
the preceding three licensing years (April-March), whichever is
higher.
06. Exports of goods not involving any foreign exchange transaction
directly or indirectly requires the waiver of EDF procedure from the
Reserve Bank.
07. “Financial Year” (April to March) is reckoned as the time base for
all transactions pertaining to trade related issues.
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10. For recurring expenses, remittances up to ten per cent of the
average annual sales/income or turnover during the last two financial
years may be sent for the purpose of normal business operations of
the office (trading/non-trading)/branch or representative office
outside India subject to certain terms and conditions.
15. Where the goods being exported for testing are destroyed during
testing, AD may obtain a certificate issued by the testing agency that
the goods have been destroyed during testing, in lieu of Bill of Entry
for import.
16. Special Notified Zone of Customs - SNZ
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19. AD may permit 'Status Holder Exporters’ and units in Special
Economic Zones (SEZ) to dispatch the export documents to the
consignees outside India subject to the certain conditions. In such
case, the duplicate copy of the EDF is submitted to the AD for
monitoring purposes, by the exporters within 21 days from the date
of shipment of export.
20. AD may dispatch shipping documents direct to the consignees or
their agents resident in the country of final destination of goods in
cases where Advance payment or an irrevocable letter of credit has
been received for the full value of the export shipment and the
underlying sale contract/letter of credit provides for dispatch of
documents direct to the consignee or his agent resident in the
country of final destination of goods.
21. Exporters intending to export goods on elongated credit terms
may submit their proposals giving full particulars through their banks
for consideration to the Regional Office concerned of the Reserve
Bank.
22. Export of engineering goods on deferred payment terms and
execution of turnkey projects and civil construction contracts abroad
are collectively referred to as ‘Project Exports’.
23. Any person resident in India may take outside India (other than
to Nepal and Bhutan) currency notes of Government of India and
Reserve Bank of India notes up to an amount not exceeding Rs.25,000
(Rupees twenty five thousand only); and
24. Any person resident outside India, not being a citizen of Pakistan
and Bangladesh and also not a traveller coming from and going to
Pakistan and Bangladesh, and visiting India may take outside India
currency notes of Government of India and Reserve Bank of India
notes up to an amount not exceeding Rs. 25,000 (Rupees twenty five
thousand only) while exiting only through an airport.
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25. After the documents have been negotiated / sent for collection,
the AD should report the transaction through Export Data Processing
and Monitoring System (EDPMS) to the RBI.
26. Postal Authorities will allow export of goods by post only if the
original copy of the form has been countersigned by an AD.
Therefore, EDF forms which involve sending goods by post should
be first presented by the exporter to an AD for countersignature.
29. AD may deliver one negotiable copy of the Bill of Lading to the
Master of the carrying vessel or trade representative for exports to
certain landlocked countries if the shipment is covered by an
irrevocable letter of credit and the documents conform strictly to the
terms of the LC which provides for such delivery.
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38. The documents pertaining to export shall be submitted to the
authorised dealer mentioned in the relevant export declaration form,
within 21 days from the date of export, or from the date of
certification of the SOFTEX form.
41. With effect from July 11, 2022 all exports and imports may be
denominated and invoiced in Rupee (INR).
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12. Outward Direct Investment (ODI)
01. Outward direct investment (ODI) is a business strategy in which a
domestic firm expands operations into a foreign country.
06. ODI can be achieved through two routes: Automatic route and
Approval route.
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13. Offshore Investing (Investing Globally)
01. The Indian exchange control rules govern the overseas
investment of Indian citizens.
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14. FDI ; FPI & FII
01. FDI implies investment by foreign investors directly in the
productive assets of another nation.
02. FPI means investing in financial assets , such as stocks and bonds
of entities located in another country.
05. FDI investors cannot easily liquidate their assets and depart from
a nation, since such assets may be very large and quite illiquid. FPI
investors can exit a nation literally with a few mouse clicks, as
financial assets are highly liquid and widely traded.
06. Foreign Investment means any investment made by a person
resident outside India on a repatriable basis in capital instruments of
an Indian company.
07. Foreign Direct Investment (FDI) is the investment through capital
instruments by a person resident outside India in an unlisted Indian
company; or in 10 % or more of the post issue paid-up equity capital
on a fully diluted basis of a listed Indian company.
14. Platform FDI - a business expands into a foreign country but the
output from the foreign operations is exported to a third country.
This is also referred to as export-platform FDI. Platform FDI
commonly happens in low-cost locations inside free-trade areas.
15. There are three routes through which FDI flows into India. They
are – Automatic Route; Government Route and Automatic +
Government Route.
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19. Firstly FDI is a direct investment made in one particular business
or company. The aim is to get a controlling interest in the business.
FII, on the other hand, are funds which are invested in the foreign
financial market.
25. FPI Category III includes those who are not eligible in the first two
categories. It includes endowments, charitable societies, charitable
trusts, foundations, corporate bodies, trusts, individuals.
26. Securities and Exchange Board of India (SEBI) operates the FPIs.
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28. FPIs also need to follow the Income-tax Act, 1961 and Foreign
Exchange Management Act, 1999.
30. There is no need for FPIs to directly register from SEBI. The
Registration can be granted by a designated depository participant
(DDP) instead of SEBI.
31. The purchase of equity shares of each company by a single FPI
must be below 10% of the total issued capital of the company.
32. Each FPI will be allowed to open only one depository account for
their FPI investments. Further, the purchase and sale of all eligible
securities must be transacted through that depository account only.
33. FPI can place orders directly with the broker.
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15. Setting up LO;BO and PO by Foreign Entities
01. BO stands for Branch Office
02. LO stands for Liaison Office
07. Any foreign entity except an entity from Pakistan who has been
awarded a contract for a project by the Government authority/Public
Sector Undertakings or are permitted by the AD to operate in India
may open a bank account without any prior approval of the Reserve
Bank.
08. An entity from Pakistan shall need prior approval of Reserve Bank
of India to open a bank account for its project office in India.
10. Each PO can open two foreign currency accounts, usually one
denominated in USD and other in home currency of the project
awardee, provided both are maintained with same AD Category–I
bank.
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11. The foreign currency accounts have to be closed at the completion
of the project.
17. BOs are permitted to remit outside India profit of the branch net
of applicable Indian taxes.
18. AD Category – I bank can permit intermittent remittances by POs
pending winding up / completion of the project provided they are
satisfied with the bonafides of the transaction.
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22. A BO/LO/PO or any other place of business by whatever name
called is required to register with the Registrar of Companies (ROCs)
once it establishes a place of business in India if such registration is
required under the Companies Act, 2013.
23. The BOs / LOs shall obtain Permanent Account Number (PAN)
from the Income Tax Authorities on setting up of their office in India
and report the same in the AACs.
24. The existing PAN and bank accounts can be continued when an
LO is permitted to upgrade into a BO.
25. Each BO/ LO/PO are required to transact through one designated
AD Category-I bank only.
26. BO/LO/PO can change their existing AD Category-I bank subject
to both the AD banks giving consent in writing for the transfer and
the transferring AD bank confirming submission of all AACs and
absence of any adverse features in conducting the account by the
BO/LO/PO.
27. Acquisition of property by BO/PO shall be governed by the
guidelines issued under Foreign Exchange Management (Acquisition
and transfer of immovable property outside India) Regulations.
28. As per section 6 (3) (h) of the Foreign Exchange Management Act,
1999, BOs/LOs/POs have general permission to carry out permitted/
incidental activities from leased property subject to lease period not
exceeding five years.
29. Change in the name of the existing LO/BO may be permitted by
the AD Category-I bank only if the non-resident entity changes its
name without change in ownership.
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31. The Corporate Identity Number (CIN) serves as a unique identifier
for an Indian company. It is assigned to each company registered in
India and helps in identifying and distinguishing it from other
companies. The CIN is a combination of alphanumeric characters and
is used for various regulatory and compliance purposes.
33. The FCRN helps in identifying and tracking the activities and
compliance of foreign companies operating in the Indian market.
34. While the CIN is a unique identifier for Indian companies, the
FCRN serves as a unique identifier for foreign companies operating
in India, and it is generated upon the approval of the eForm FC-1
during the registration process.
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16. UCP 600
(Uniform Customs & Practice for Documentary Credits)
01. The Uniform Customs & Practice for Documentary Credits (UCP
600) is a set of rules agreed by ICC (the International Chamber of
Commerce), which apply to finance institutions which issue Letters of
Credit – financial instruments helping companies finance trade.
02. The UCP 600 (“Uniform Customs & Practice for Documentary
Credits”) is the official publication which is issued by the
International Chamber of Commerce (ICC).
04. The UCP 600 replaced the UCP 500 on the 1st July 2007.
05. The first UCP was created in 1933 and has been revised by the ICC
up to the point of the UCP 600.
06. An accompaniment to the UCP 600 is the International Standard
Banking Practice for the Examination of Documents under
Documentary Credits (ISBP), ICC Publication 745.
07. ISBP assists with understanding whether a document complies
with the terms of Letters of Credit. The ISBP is used to clarify points.
08. Credits that are issued and governed by UCP 600 will be
interpreted in line with the entire set of 39 articles contained in UCP
600.
09. The ICC updated eUCP 600 rules (eRules), to accelerate the
digitilisation of trade finance.
10. Trade Finance Global have published the updates on the eRules
for ‘eUCP 600’, which are supplementary rules to these UCP 600 rules.
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17. INCOTERMS 2020
01. “Incoterms” is an acronym standing for international commercial
terms.
09. The incoterm Ex Works (EXW) means that the seller delivers the
goods at the buyer's disposal at the place of destination, such as a
factory, warehouse, or workplace.
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10. Ex-works delivery term determines the maximum obligation on
the buyer (the importer) and the minimum responsibility on the seller
(the exporter).
11. In the Free Carrier (FCA) delivery method, the seller delivers the
cargo at a point requested by the buyer.
12. In the form of Free Alongside Ship (FAS) delivery, the seller is
obliged to deliver the goods at the port of shipment where the ship
is located to the vessel's side. From this point onwards, the seller's
obligation ends and the buyer must take care of all costs and risks
associated with the transportation of the goods.
13. In the form of Free on Board (FOB) delivery, the seller, the
exporter, must deliver the cargo to the port requested by the buyer,
i.e., the importer, according to the ship loading date.
14. Cost and Freight (CFR) is when the supplier assumes all the risk
for the shipment until the consignee collects the cargo at its final
destination. The supplier must arrange and pay for the freight costs
up to the port of delivery.
16. In the form of Cost Insurance Freight (CIF) delivery, the seller
organizes the international shipment process by undertaking the
freight and insurance costs to be delivered to the buyer at a port in
the importer's country. It is commonly used for containerized and
bulk cargo.
20. DDP (Delivered Duty Paid) is the only Incoterms that require the
seller covers all duties and taxes at the time of delivery. Therefore,
the seller must bear all the costs and risks associated with delivering
the goods. DDP means that the seller bears all of the risk and costs to
deliver cargo to a pre-decided location. The seller's obligation is also
to unload the goods from the arriving means of transport.
21. The main benefits of using Incoterms are that they provide a
common language across borders, make it easy to compare prices
from different suppliers, and enable you to calculate your freight
charges.
22. The disadvantages of using Incoterms are that they may not cover
every possible scenario, and sellers and buyers may have different
preferences for their business.
23. Most B2B sales contracts will be either EXW, CPT, or CIF, while
most B2C sales will be CPT or CIF. However, some B2C sales may be
made using DDP instead of CPT or CIF.
24. Seven Incoterms may be used for air freight: EXW, FCA, CPT, CIP,
DAT, DPU, and DDP.
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26. The Incoterms that are most successful with letters of credit are
CIF, CIP, CFR, or CPT. With all of these rules, delivery occurs before
the primary carriage.
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18. URC 522 and eURC
01. The ICC Uniform Rules for Collections (URC) are a set of Rules
helping all the counterparties in a collection process of debt, owned
money or assets.
02. The latest revision of the URC, drafted in the mid-1990s,
03. The last draft of the Uniform Rules for Collections, otherwise
known as URC 522, sets out the need for the primary or remitting
bank to draw up and attach a sheet that explicitly explains the
purpose of, and the process that should be followed when, collecting
debts.
04. In essence, the URC 522 rules outline what banks should do with
documents against acceptance (D/A) and documents against
payment (D/P).
05. Documents against acceptance are an arrangement between the
importer and the exporter, specifying that the importer is not to be
given documentation that confirms their ownership of the imported
goods until the Bill of Exchange/ Bill of Lading has been paid for, or
an agreement to pay has been made.
06. The URC 522 states that the buyer (importer) should make full
payment on the goods once they are delivered, after which the
documents confirming ownership can be handed over by the bank.
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19. The International Standard Banking Practice
(ISBP 745)
01. The International Standard Banking Practice (ISBP) is a
publication of the International Chamber of Commerce (ICC).
03. ISBP does not change UCP 600 rules when it comes to letters of
credit. However, it is a valuable guide to Uniform Customs and
Practice (UCP).
05. ISBP 745 has some crucial elements with regards to air waybills.
To start, a carrier should not only use their IATA code. This means
airlines such as Singapore Airlines and British Airways need more
than SQ and BA respectively. With this in mind, airports such as Los
Angeles and London Heathrow can use LAX and LHR respectively.
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08. The description of goods in the letter of credit and the description
of the same in the invoice is one of the areas that creates a lot of
debate among documentary credit practitioners.
09. The UCP 600 article 18 uses “correspond” when talking about how
goods should be described on a letter of credit and on an invoice.
This is reinforced in ISBP 745.
10. ISBP clarifies any misunderstandings by stating that invoices may
include additional data when in regards to performance, services or
goods. Take note this should work only if the additional information
does not refer to a different category, classification, performance or
services provided and nature of goods.
11. ISBP 745 clearly states that a bill of lading should explicitly
stipulate the port of lading presented in the credit. For example,
when “Felixstowe” was stated on the port of loading, and
“Felixstowe, UK” was stated on the credit, there was a discrepancy
that ensued. The same case applies for air waybills.
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20. URBPO
Uniform Rules for Bank Payment Obligation
01. Bank Payment Obligation (BPO) is a framework which is
endorsed by the ICC (International Chamber of Commerce) and
SWIFT ( The Society for Worldwide Interbank Financial
Telecommunication, which stands as a middle ground between
traditional Letters of Credit (LCs) and Open Account Trade.
05. The BPO and Letter of Credit (LC) are quite similar for the
following reasons:
a)The end result is the same; payment is normally advanced to the
seller/supplier if certain conditions are met
b)The bank stands as the intermediary or independent third party
guaranteeing the payment is undertaken under a traditional
documentary letter of credit, a bank is obligated to pay subject to
the physical presentation of compliant documents.
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Therefore, a BPO offers assurance of payment, risk mitigation for
all parties, and possible use as collateral for finance. A BPO can
be seen as an alternative instrument for trade settlement.
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18. The Bank Payment Obligation is an instrument designed to
provide risk mitigation and the basis for financing of transactions
between buyers and Seller who chose not to use documentary
instruments but rely upon the exchange and validation of data to
effect payment.
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21. URDG The Uniform Rules for Demand Guarantees
01. The Uniform Rules for Demand Guarantees (URDG) are the rules
underpinning the commonly used trade finance instruments, demand
guarantees.
02. URDG (Uniform Rules for Demand Guarantees) Rules are
internationally recognised guidelines established by the International
Chamber of Commerce (ICC).
04. By adhering to URDG Rules, all parties can minimise disputes and
conflicts that may arise during the process of demand guarantee
issuance and utilisation.
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22. DOCDEX Rules
01. The International Chamber of Commerce ("ICC") sets out
Amicable Dispute Resolution (ADR) Rules. These ADR Rules are
known as DOCDEX Rules.
02. In the absence of an agreement of the parties on a settlement
technique, mediation shall be the settlement technique used under
the Rules.
07. The 2015 revision DOCDEX Rules further extends their scope to a
wider range of trade finance instruments such as trade loans,
syndications, negotiable instruments, risk purchase agreements,
conflicts of priority and fraud in letters of credit.
08. DOCDEX process is digitalised to facilitate electronic submissions
according to standard templates available online.
09. To ensure transparency, the parties are not informed of the
identity of the experts and only liaise with the Centre.
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23. Export Credit
01. Pre-shipment finance is a working capital finance (mainly
inventory finance) extended to exporters at pre-shipment stage
enabling them to procure / process / produce /manufacture / pack
the goods meant for export. This facility is commonly referred to as
Packing Credit.
02. Pre-shipment credit is governed by the regulations stipulated by
the Reserve Bank of India and is per Reserve Bank of India extended
at concessional interest rates as directives, which are subject to
modifications.
03. Pre-shipment credit may be extended either in Indian Rupees or
in designated currencies (presently USD, GBP and EURO) at the
option of the exporter. Packing Credit extended in designated
currencies, other than Indian Rupee, is known as PCFC.
04. Goods and services going into SEZ from Domestic Tariff Area
(DTA) shall be treated as Deemed Exports. Supply of goods and
services from domestic tariff area to special economic zone would
therefore be eligible for export credit facilities.
05. Normally, the packing credit is to be cleared from the proceeds
of the related Bill only. However, in case of PC where Running
Account Facility (RAF) is permitted, the export proceeds will be
marked against the earliest outstanding in the account on ‘First-in-
First-Out’ (FIFO) basis.
08. Clean Packing Credit (CPCs) are granted where the exporter is
unable to procure the material immediately on making payment or
within a short transit period as he has to procure the goods from the
outstation market.
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09. The CPCs are to be granted only in those cases where advance
payments are to be made by the buyer to the seller in terms of the
contractual arrangement and there is a time gap between the date of
payment of advance and the date of delivery of the material.
10. The scheme of Duty Draw Back allows the refund of Excise /
Customs Duty paid on indigenous / imported raw materials,
components etc., used in exported products.
13. Packing Credit is basically a short term finance. The period for
which Pcs should be granted depends upon shipping schedule,
production cycle etc. Period depends on time required for procuring,
manufacturing or processing, and shipping; and, if not adjusted by
submission of export documents within 360 days of advance, the
advance will cease to qualify for concessional rate of interest ab-initio
14. RBI will provide refinance only for a period up-to 180 days.
15. The maximum period for which PC can be granted at concessional
rate of interest as per Reserve Bank of India directives is 180 days.
This period can be extended further by additional 90 days i.e. up-to
an aggregate period of 270 days at a higher concessional rate of
interest as per Reserve Bank of India directive.
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18. A unique identification code number has been allotted for each
item known as 'ITC (HS) Code Number' and the relevant information
regarding the exportability of the goods will be specified against this
number.
21. A common form called “Export Declaration Form” (EDF) has been
devised to declare all types of export of goods from NON-EDI PORTS.
22. The EDF has replaced the GR/PP form used for declaration of
Export of Goods.
23. Softex Form is meant for declaration of export of computer
software and audio /video/ television software otherwise than in
physical form i.e., magnetic tapes/discs and paper media. A common
“Softex Form” has been devised to declare single as well as bulk
software exports.
25. EDF and SOFTEX forms will bear specific identification numbers.
In all applications / correspondence with the Reserve Bank, this
identification number should invariably be cited. Export of goods not
involving any foreign exchange transaction directly or indirectly
requires the waiver of EDF procedure from RBI.
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26. ADs are permitted to consider requests for grant of EDF (GR)
waiver from exporters for export of goods free of cost, for export
promotion upto 2 percent of average annual exports of the applicant
during the preceding three years subject to a ceiling of Rs.5 lakhs. For
Status Holder Exporters, the limit as per the present Foreign Trade
Policy is Rs.10 lakhs or 2% of average annual exports realization
during the preceding 3 licensing years whichever is lower.
27. Postal Authorities shall allow export of goods by post only if the
original copy of the EDF has been countersigned by an AD Bank.
Therefore, EDF which involve sending goods by post should be first
presented by the exporter to an AD Bank for counter-signature.
28. As per Foreign Exchange Regulations, the exporters should
submit the documents pertaining to export to the Authorised Dealer
mentioned in the relevant declaration form, within 21 days from the
date of export or from the date of certification of Softex Form, as
the case may be. The 'on board' date of Bill of Lading, the date of
issue of Air Consignment Note, the date of Cross Border Certificate
and the date of Post Parcel Receipt are to be construed as date of
export.
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32. As per Foreign Exchange Regulations, unless otherwise authorised
by Reserve Bank of India, the amount representing the full export
value of the goods exported should be received through an
Authorised Dealer, whether by way of remittance from a foreign
country (other than Nepal and Bhutan) or by way of reimbursement
from his branch or correspondent outside India in the following
manner: -
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38. Providing finance against export documents covered by drafts
drawn "on usance" basis. The foreign currency amount of the bill is
purchased at the long rate (usance bill buying rate) corresponding to
the maturity of the bill and the resultant Rupee equivalent is
financed.
43. While purchasing an export bill already sent for collection, NTP
should be reckoned from the date of forwarding the documents on
collection basis and not from the date of purchase/ discount/
negotiation.
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45. Before extending any type of post-shipment finance facility to the
customers, branches should obtain General Power of Attorney duly
executed by an authorised signatory of the exporter firm/company
in appropriate stamp paper of requisite value. This should be
obtained afresh as and when customer’s limits are renewed.
48. where the proceeds of any export bill is not realised within 15
days within 15 days from the expiry of Notional Due Date or actual
due date, as the case may be, the foreign currency element of the
transaction is delinked and customer's liability is crystallized in Indian
Rupees.
50. The bill may be crystallized before the above said period of 15th
day with specific understanding and written request from the
customer.
51. Bill of Lading (BL or BoL) is a legal document issued by a carrier
to a shipper (Exporter) that details the type, quantity, and destination
of the goods being carried.
52. A bill of lading also serves as a shipment receipt when the carrier
delivers the goods at a predetermined destination.
53. A bill of lading is a document of title, a receipt for shipped goods,
and a contract between a carrier and shipper.
54. Clean On Board Bills of Lading: Bills of lading which are issued by
Shipping companies evidencing shipment of goods on board the
vessel and do not contain any clauses expressly declaring the
defective conditions of the goods and/or packing.
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55. Conference Vessels Bill of Lading: Bills of Lading covering goods
shipped on a vessel that belongs to a conference line or having a
regular voyage route or schedule.
56. Bills of Lading covering shipment per a vessel, which does not
have a regular route/schedule. Normally shipment of large quantity
of merchandise like coal, ore, etc., may not be accommodated in
conference line vessel but only in Tramp Vessel.
57. Short form Bills of Lading: Bills of Lading, which do not contain
all the conditions of the carriage of goods. They require the shippers
to refer to rules and regulations available at the office of the Shipping
Company.
58. Through Bills of Lading: Bills of Lading covering the entire voyage
of the goods in more than one vessel from the port of loading to the
port of ultimate destination despite transhipment.
60. Direct (Straight) Bills of Lading: Bills of Lading made out in the
name of the consignee. In such cases, title to the goods passes
directly to the consignee from the consignor.
61. Country Craft Bills of Lading: Bills of Lading issued by Tindal or a
Country Craft, generally involving shipments to neighbouring
countries like Sri Lanka, Pakistan, Bangladesh etc.,
62. Sailing Vessel Bills of Lading: Bills of Lading covering goods
shipped per vessel sailing with the aid of sails.
63. Charter Party Bills of Lading: Bills of Lading issued by the parties
who charter (hire) the vessels. The vessel may belong to a regular
liner; but if it is chartered, the Bills of Lading will be issued by the
`charter party' and the liner i.e., the shipping company does not
accept any liability for non-delivery of merchandise by the charter
party.
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64. Received for Shipment Bills of Lading: Bills of Lading which are
issued by the Shipping Companies or their Agents prior to loading of
the goods `on board' of the vessel. However, after actual shipment of
the goods on board of the vessel, `Received for shipment' Bills of
Lading will be affixed with `on board' endorsement, which should
bear a date and signature of the official of the Shipping Company.
After affixing such `on board' endorsement, the `received for
Shipment' Bills of Lading are deemed as `On Board' Bills of Lading.
67. LASH BL will be given immediately after the containers are loaded
on the barges. However after actual shipment of containers on board
the inter-lighter vessel, shipping company will affix endorsement to
that effect under their stamp and signature. After affixing such
endorsement LASH BL shall be deemed as regular "On Board Bill of
Lading" as stated in (a) above.
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68. Offshore Bills of Lading: Bills of Lading covering shipments to be
unloaded at a place other than the regular ports. At an agreed place
the consignee will arrange to receive the goods. Such types of
shipment are in vogue due to port congestion.
69. Stale Bills of Lading: If the carrying vessel reaches the port of
destination prior to the date of receipt of the Bills of Lading by the
consignee, the B/L is considered as stale. While handling the bills the
staleness of a B/L is to be decided on the basis of estimated time
taken for the voyage. The unreasonable delay in submitting the
documents to the Bank renders the B/L stale.
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73. Airway Bill (AWB)
76. There are two different types of airway bills based upon the party
that is arranging the freight of the shipment. These are called Master
airway bill (MAWB) and House airway bill ( HAWB).
78. In turn, the freight forwarder books same cargo with main airline
carrier and he obtains MAWB under the said shipment.
79. A Master Airway Bill – MAWB is always issued by the main carrier
of goods on receipt of goods from a freight forwarder to deliver as
per agreed terms. Whereas a House Airway Bill – HAWB is issued by
a freight forwarder on receipt of goods from shipper agreeing to
deliver goods at a destination.
80. There are two types of AWBs—an airline-specific one and a
neutral one. Each airline AWB must include the carrier’s name, head
office address, logo, and air waybill number.
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81. The Neutral Air Waybill (NAWB) does not bear the name of a
specific airline.
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24. International Factoring & Forfaiting
01. Factoring is a vital financial arrangement that allows businesses
to accelerate their cash flow by receiving immediate payment for
their accounts receivable. Rather than waiting for customers to make
the payment, businesses can sell their pending invoices to a third
party, known as a factor, at a discounted rate. In return, the factor
assumes or takes over the risk of non-payment and provides an
upfront payment to the business, ensuring a steady cash flow.
02. Factoring applies to both domestic and international trade. It
offers flexibility in contract negotiation, enabling parties to
determine terms of the agreement, including costs, timeframes,
legalities, and more.
06. Factoring deals with short-term receivables that fall due within a
period of 90 days. In contrast, forfaiting focuses on medium to long-
term accounts receivables.
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07. Factoring primarily involves the sale of receivables related to
ordinary goods and services. Conversely, forfaiting is specifically
concerned with the sale of receivables on capital goods.
15. Factoring does not involve a secondary market for the receivables,
meaning that the transaction is complete once the receivables are
sold to the factor.
16. Forfaiting has a secondary market where the receivables can be
traded, enhancing liquidity and providing additional opportunities
for investors.
17. A confirmed LC is a payment guarantee that assures the exporter
of payment upon meeting specified conditions.
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25. ECGC
01. ECGC is an export promotion organization, seeking to improve
the competitiveness of the Indian exporters by providing them with
credit insurance covers.
02. Based on T C Kapur Committee recommendations Government of
India established Export Risk Insurance Corporation (ERIC) on 30th
July 1957, a Pvt Ltd Company wholly owned by Govt of India.
c)Special Schemes.
06. Export Credit Insurance for Banks : (ECIB) - Products are available
from ECGC Ltd to Banks
ECGC offers 14 different Covers to Banks. The Products offered by
ECGC Ltd to Banks may be grouped under 4 categories as under:
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07. Features of (Export Credit Insurance for Banks Packing Credit
(ECIB-WTPC)
Percentage of Cover: For banks taking the cover for the first time it is
75% up to certain Limit and 65% beyond the said Limit. (For others
varies from 55% to 75% depending on claim premium ratio of the
bank). For Small Scale Exporters (SSE)/ Small Scale Industrial Units
(SSI), it is 90%.
Premium: For a fresh cover it is 9 paise for Rs 100 p.m. (For others,
varies from 6 to 13.5 paise per Rs. 100 p.m. depending on claim
premium ratio.)
08. Features of ECGC’s Cover for Guarantees issued by Banks (ECIB-
Surety Cover (ECIB – SC)
The ECIB (SC) which is in the nature of indemnity to the bank is issued
to protect the bank against losses that it may suffer on account of
guarantees given by it on behalf of exporters. This protection is
intended to encourage banks to give guarantees on a liberal basis for
export purposes.
09. National Export Insurance Account (NEIA) has been set up by the
Government of India to facilitate medium and long-term exports,
which are commercially viable, considering the limitations of the
ECGC Limited in providing adequate cover on its own and non-
availability of reinsurance cover to such exporters.
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26. Foreign Trade Policy (FTP) 2023-28
01. The Foreign Trade Policy (FTP) also known as The EXIM Policy is
regulated by the Foreign Trade Development and Regulation Act,
1992.
02. In 2004, the EXIM Policy was renamed the Foreign Trade Policy to
provide a comprehensive approach to foreign trade in India.
08. The Ministry of Commerce announced the recent FTP, which came
into effect on 1 April 2023.
09. FTP 2023-2028 seeks to make India an export hub and to integrate
India further into global value chains. It creates an enabling
ecosystem for exporters, which aligns with India’s vision of becoming
‘Atmanirbhar’.
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11. The TEEs have priority access to export promotion funds under
the MAI (Market Access Initiative) scheme.
12. The TEES can avail of the Common Service Provider (CSP) benefits
under the EPCG scheme for export fulfilment, which boosts the
exports of handicrafts, handlooms, and carpets.
13. SCOMET stands for Special Chemicals, Organisms, Materials,
Equipment and Technologies.
15. The EPCG scheme allows capital goods imports at zero customs
duty for export productions.
16. PM MITRA stands for Prime Minister Mega Integrated Textile
Region and Apparel Parks scheme is added as an additional scheme
to claim benefits under the CSP (Common Service Provider) scheme
of EPCG.
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27. Miscellaneous Concepts related to Forex
01. SWIFT (Society for Worldwide Interbank Financial
Telecommunications) is a global member-owned cooperative that
functions as a huge messaging system.
02. SWIFT is a messaging system that sets up the transfer of money
between member banks and other member financial institutions.
07. The central banks formed a cooperative utility called the Society
for Worldwide Interbank Financial Telecommunication (SWIFT),
headquartered in Belgium.
08. SWIFT went live with its messaging services in 1977, replacing the
cumbersome Telex technology. It rapidly became a reliable global
partner for institutions worldwide.
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13. Current Account of SBI with Citi Bank, New York in USD is a
Nostro Account to SBI.
16. An account which is Nostro for one bank is Vostro for another.
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25. The largest foreign exchange market is London followed by New
York, Tokyo, Zurich and Frankfurt. The markets are situated
throughout the different time zones of the globe in such a way that
when one market is closing the other is beginning its operations. Thus
at any point of time one market or the other is open. Therefore, it is
stated that foreign exchange market is functioning throughout 24
hours of the day. However, a specific market will function only during
the business hours.
27. In few centers like Paris and Brussels, foreign exchange business
takes place at a fixed place, such as the local stock exchange
buildings. At these physical markets, the banks meet and in the
presence of the representative of the central bank and on the basis
of bargains, fix rates for a number of major currencies. This practice
is called fixing.
USD 1 = Rs 48.1525/1650
More often, the rate would be quoted as 1525/1650 since the players
in the market are expected to know the “Big Number‘ i.e., Rs 48. In
the given quotation, one rate is Rs.48.1525 per dollar and the other
rate is Rs.48.1650 per dollar.
In above case the Bank is willing to buy dollars at Rs 48.1525 and sell
dollars at Rs 48.1650. If one dollar bought and sold, the bank makes
a gross profit of Rs. 0.0125.
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29. Direct Quotation - In a foreign exchange quotation, the foreign
currency is the commodity that is being bought and sold.
The exchange quotation which gives the price for the foreign
currency in terms of the domestic currency is known as direct
quotation.
In a direct quotation, bank will apply the rule: ― Buy Low; Sell High.
30. Indirect Quotation
The Mumbai bank quotes the rate for dollar as: Rs. 100 = USD
2.0762/0767
In this case, the quoting bank will receive USD 2.0767 per Rs.100
while buying dollars and give away USD 2.0762 per Rs.100 while
selling dollars.
In other world, he will apply the rule: ―Buy High: Sell Low.
31. The Buying Rate is also known as the Bid Rate and Selling Rate
as the “Offer Rate. The difference between these rates is the gross
profit for the bank and is known as the “Spread”.
32. The transactions in the interbank market may place for settlement
(a) on the same day; or (b) two days later; or (c) some day late; say
after a month
33. Where the agreement to buy and sell is agreed upon and executed
on the same date, the transaction is known as Cash or Ready
Transaction. It is also known as Value Today.
34. The transaction where the exchange of currencies takes place two
days after the date of the contact is known as the Spot Transaction.
For instance, if the contract is made on Monday, the delivery should
take place on Wednesday. If Wednesday is a holiday, the delivery
will take place on the next day, i.e. Thursday. Rupee payment is also
made on the same day the foreign currency is received.
Page 100 of 116
35. The transaction in which the exchange of currencies takes places
at a specified future date, subsequent to the spot date, is known as
a Forward Transaction.
36. The forward transaction can be for delivery one month or two
months or three months etc. A forward contract for delivery one
month means the exchange of currencies will take place after one
month from the date of contract. A forward contract for delivery two
months means the exchange of currencies will take place after two
months and so on.
37. Forward rate may be the same as the spot rate for the currency.
Then it is said to be “At Par‘ with the spot rate. But this rarely
happens. More often the forward rate for a currency may be costlier
or chapter tan its spot rate.
38. The rate for a currency may be costlier or cheaper than it’s spot
rate.
39. The difference between the forward rate and the spot rate is
known as the “Forward Margin‘ or swap points.
44. Important differences between inland and foreign bills. The date
on which an inland bill is due for payment is calculated from the date
on which it was drawn, but the period of a foreign bill runs from the
date on which the bill was accepted. The reason for this is that the
interval between a foreign bill being drawn and its acceptance may
be considerable, since it may depend on the time taken for the bill
to pass fro m the drawers country to that of the acceptor.
45. Swap means simultaneous sale of spot currency for the forward
purchase of the same currency or the purchase of spot for the forward
sale of the same currency. The spot is swapped against forward.
49. The term “Ready‘ and “Spot‘ are used synonymously to refer to
transactions concluded and executed on the same day.
This is the rate applied when the transaction does not involve any
delay in realization of the foreign exchange by the bank.
However, the proceeds will be realized by the bank after the bill is
presented to the drawee at the overseas centre. In case pf a usance
bill, the proceeds will be realized on the due date of the bill which
includes the transit period and the usance period of the bill.
59. Two types of selling rates are quoted in India, they are
1. TT selling rate
2. Bills selling rate
64. FBIL – Financial Benchmark India Pvt Ltd was formed in December
2014 as per direction from RBI jointly by FIMMDA, FEDAI and IBA as
Benchmark Administrators.
65. NOP stands for Net Open Position
69. Spot Buying (Cash) is the rate at which the bank buys one unit
foreign currency and gives INR.
AD would transfer the exchange risk to the exporter (in case of Export
Bills) by crystallizing, the foreign currency liability into Rupee liability
on the 30th day after the transit period in case of unpaid demand
bills. In case of unpaid usance bills crystallization will take place on
the 30th day after notional due date or actual due date.
In case 30 th day happens to be a holiday or Saturday, the export bill
will be crystallized on the next working day. For crystallization into
rupee liability the bank will apply the TT selling rate on the date of
crystallization or the original buying rate whichever is higher.
In case the 10th day or due date falls on a holiday or Saturday the
importers liability should be crystallized, into Rupee liability on the
next working day.
75. If a bank buys more foreign exchange than what it sells, it is said
to be in “Overbought/Plus/Long Position‟.
76. In India, Entities / Persons (mostly banks) who are given a license
by RBI to deal in foreign exchange are called Authorised Dealers
(ADs).
80. MBP and EOMS are known as ETPs (Electronic Trading Platforms)
and they require permission from RBI to operate.
81. LEI Code : Legal Entity Identifier is a reference code used across
markets to identify a legal distinct entity and would be a key
measure to improve the quality and accuracy of financial data system.
82. Overnight Limit is the maximum amount an AD is willing to put
at risk at a time that the forex market is closed in the time zone where
the AD is operating.
87. The Bretton Woods Sisters : The IMF and the World Bank were
called the Bretton Woods sister organizations. One more
organization (International Trade Organization) was also planned
but not created at that time. Instead, the General Agreement on
Tariffs and Trade (GATT), a non-organizational entity, played the role
of promoting free trade for four decades. GATT became
institutionalized as WTO (World Trade Organization) in 1995. So we
now have three sisters.
96. Except for goods included in the negative list which require
licence under the Foreign Trade Policy in force, AD Category - I banks
may freely open letters of credit and allow remittances for import.
98. Where foreign exchange acquired has been utilised for import of
goods into India, the AD Category – I bank should ensure that the
importer furnishes evidence of import viz., Exchange Control Copy
of the Bill of Entry, Postal Appraisal Form or Customs Assessment
Certificate, etc., and satisfy himself that goods equivalent to the value
of remittance have been imported.
99. Cambist is an expert trader who rapidly buys and sells currency
throughout the day. The term comes from the Latin word "cambiere"
which means "to exchange".
Exotics are not considered major currencies because they are not
easily traded in a standard brokerage account. Major currencies
include the U.S. dollar, Euro, Canadian dollar and Swiss franc.
Examples of exotic currencies include the Thai baht, Uruguay peso or
Iraqi dinari.
108. Soft Currency is another name for "weak currency". The values
of soft currencies fluctuate often, and other countries do not want to
hold these currencies due to political or economic uncertainty within
the country with the soft currency.
109. Xenocurrency is a currency that trades in markets outside of its
domestic borders. "Xeno" is a prefix meaning foreign or strange. An
example of a xenocurrency is the Chinese yuan when it is traded in
the United States.
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Book No Name
01 Banking Jargon - Vol 01
02 Alerts - Vol 01
03 Forex - Vol 01
04 Banker and Legal Enactments - Vol 01
05 Banker and Financial Statements
06 Confusables – Vol 01
07 Banking Jargon - Vol 02
08 ABC (Awareness of Basics of Credit)
09 The Can Support_2020
10 The Core Support_2020
11 The Sundries_2020
12 The Soft Support
13 Management of W C Limits
14 The Notes_2021 (for Promotion Test)
15 Confusables - Vol 02
16 Banking Information
17 Banking Jargon - Vol 03
18 Bankers and Court Verdicts - Vol 01
19 Inland Bank Guarantees
20 The Dirty Dozen
21 SPA (Not related to Banking)
22 Banks - Supporting Agencies - Vol 01
23 Banking Jargon - Volume 4
24 Banks - Supporting Agencies - Vol 2
25 Banks - Supporting Agencies - Vol 3
26 JAIIB Notes - PPB
27 JAIIB Notes - LRB
28 JAIIB Notes – AFB
29 CAIIB Notes – ABM
30 CAIIB Notes – BFM
My mail id – paritiss@[Link]
WhatsApp +91 94406 41014
Under the Indian Income Tax Act, the residential status of an individual determines their tax liability on global income. An individual is classified as a Resident and Ordinarily Resident (ROR) if they meet certain presence criteria in India. In contrast, under FEMA, residential status affects cross-border transactions rather than income tax. FEMA does not directly impact the tax liability but determines eligibility for schemes like LRS, emphasizing the need for understanding both frameworks for effective financial planning .
If the bank fails to credit foreign currency proceeds to an exporter’s account within the stipulated two-working-day limit after receiving credit advice or a Nostro statement, the bank must pay compensation for the delayed period at the minimum interest rate charged on export credit .
FEMA's provisions enable NRIs to purchase residential and commercial properties in India without restrictions, while prohibiting the acquisition of agricultural land or plantations, except through inheritance. NRIs can inherit immovable properties but cannot acquire certain types through direct purchase, which affects investment strategies and estate planning for NRIs .
For export bills, crystallization into Rupee liability is done at the TT selling rate on the date of crystallization or the original buying rate, whichever is higher, if no hedge is in place. For import bills, the exchange rate is as per the hedge contract; if unavailable, the prevailing Bill Selling rate is used. This dynamic ensures flexibility and risk management depending on hedge existence .
FEMA regulations permit LRS only for individuals classified as residents under the Act, impacting those who can perform cross-border transactions under the scheme. Non-residents, including NRIs, are excluded. This classification underlines the regulatory boundary between permissible financial transactions for residents and non-residents, providing a legal framework for international remittances .
The Liberalised Remittance Scheme allows resident individuals to remit up to USD 250,000 per financial year for any permitted capital or current account transaction. This scheme is not available to corporates, partnership firms, and trusts, and requires resident status as per FEMA for eligibility. In case of remittances for minors, the Form A2 must be countersigned by the natural guardian .
FEMA allows NRIs to open specific types of bank accounts in India, namely NRE, NRO, and FCNR (B) accounts. NRE and NRO accounts are maintained in Indian Rupees, while the FCNR (B) stays in foreign currency. The act allows the opening of these accounts through any authorized dealer, facilitating NRIs to manage their finances within the regulatory framework .
Under FEMA, an NRI or PIO may remit proceeds from the sale of immovable assets up to USD 1 million per financial year. However, the sale proceeds must first be transferred to the NRO account, and any amount exceeding USD 1 million requires RBI approval. This remittance facility is not available to citizens of Pakistan, Bhutan, Nepal, and Bangladesh .
Crystallization of export bills involves transferring the exchange risk to the exporter by converting the foreign currency liability into Rupee liability. This is done on the 30th day after the transit period in case of unpaid demand bills, and on the 30th day after the notional or actual due date for unpaid usance bills. If this day is a holiday or Saturday, crystallization occurs on the next working day. The TT selling rate on the date of crystallization or the original buying rate, whichever is higher, is applied .
Normal Transit Period (NTP) does not apply to export bills with fixed due dates, such as usance bills where due dates are from shipment or date of bill of exchange. It applies to bills drawn on DP/At Sight Basis not under Letter of Credit, with 25 days for foreign currencies and 20 days for Rupees as NTP. Extending finance beyond NTP is limited to a maximum of 90 days from shipment .