MISCELLANEOUS REMITTANCES FROM INDIA
RELEASE OF FOREIGN EXCHANGE BY AUTHORISED DEALERS
A.1 General
1.1 For release of foreign exchange to persons resident in India for various current account transactions, authorized dealers are to be guided by the Rules made by the Government of India under Section 5 of Foreign Exchange Management Act, 1999 which are detailed in the Foreign Exchange Management (Current Account Transactions) Rules, 2000 (Annexure I) notifed by the Government of India vide Notifcation No. G.S.R.381 (E) dated 3rd May 2000 (Rules). In terms of the said Rules, drawal of exchange for certain categories of transactions as listed in Schedule I is expressly prohibited. Exchange facilities for transactions included in Schedule II to the Rules may be permitted by the authorised dealers provided the applicant has secured the approval from the Ministry/Department of Government of India as specifed therein. In respect of transactions included in Schedule III, prior approval of the Reserve Bank would be required for remittance exceeding specifed values. The release of foreign exchange up to the threshold values specifed in Schedule III stands delegated to Authorised Dealers. All applications for release of exchange exceeding the limit as prescribed in
Schedule III to the Rules should be referred to the Regional offce of the Foreign Exchange Department of the Reserve Bank, under whose jurisdiction the applicant is functioning/residing.
1.2 “Drawal” of foreign exchange includes
use of International Credit Cards (ICC),
includes International Debit Cards
(IDC), ATM cards, etc. “Currency”,
inter alia, includes ICC, IDC, and ATM
Cards. Accordingly, all Rules, Regulation
made and directions issued under the
Act apply to the use of ICC, IDC, and
ATM Cards.
1.3 In order to provide adequate foreign
exchange facilities and effcient customer
service, the Reserve Bank has decided
to grant licences to certain entities by
authorizing them as Authorised Dealer-
Category – II to undertake a range of
miscellaneous non-trade current account
transactions. Accordingly, Authorised
Dealer-Category – II are authorised to
release/ remit foreign exchange for the
following non trade current account
transactions:
a) Private visits,
b) Remittance by tour operators/
travel agents to overseas agents/
principals/hotels,
c) Business travel,
d) Fee for participation in global
conferences and specialized
training,
e) Remittance for participation in
international events / competitions
(towards training, sponsorship and
prize money),
f) Film shooting,
g) Medical treatment abroad,
h) Disbursement of crew wages,
i) Overseas Education,
j) Remittance under educational tie up arrangements with universities abroad,
k) Remittance towards fees for examinations held in India and abroad and additional score sheets for GRE, TOEFL etc.
l) Employment and processing,assessment fees for overseas job applications,
m) Emigration and emigration Consultancy Fees,
n) Skills /credential assessment fees for intending migrants,
o) visa fees,
p) Processing fees for registration of documents as required by the Portuguese /other Governments, Registration/Subscription/ Membership fees to International Organisations.
1.4 Release of foreign exchange is not admissible for travel to and transaction with residents of Nepal and Bhutan. (cf. Clause (b) of rule 3 of the Rules.)
A.2 Sale of Exchange
2.1 Where approvals have been granted
by the Reserve Bank /Government of
India, foreign exchange may be sold
within the period of validity stated in
the approval and the details of the sale
should be endorsed on the reverse of
the original approval.
2.2 Authorised Dealers may release foreign
exchange for travel puporse on the
basis of a declaration given by the
traveler regarding the amount of foreign
exchange availed of during the fnancial
year.
2.3 In case of issue of travelers cheques, the
traveler should sign the cheques in the
presence of an authorised offcial and
the purchaser’s acknowledgement for
receipt of the travelers cheques should
be held on record.
2.4 Out of the overall foreign exchange being
sold to a traveler, exchange in the form
of foreign currency notes and coins may
be sold upto the limit indicated below:
a) Travelers proceeding to countries
other than Iraq, Libya, Islamic
Republic of Iran, Russian
Federation and other Republics of
Commonwealth of Independent
States not exceeding USD 2000 or
its equivalent.
b) Travelers proceeding to Iraq or
Libya, not exceeding USD 5000 or
its equivalent.
c) Travelers proceeding to Islamic
Republic of Iran, Russian
Federation and other Republics of
Commonwealth of Independent
States, Full exchange may be
released.
2.5 The form A2 relating to sale of foreign
exchange should be retained for a period
of one year by the authorised dealers,
together with the related documents,
for the purpose of verifcation by
their Internal Auditors. However, in
respect of remittance applications for
miscellaneous non-trade current account
transactions of value not exceeding USD
5,000, Authorised Dealers may obtain
simplifed Application cum Declaration
Form (Form A2).
2.6 In cases where the remittances are
allowed on the basis of self-declaration,
the onus of furnishing the correct
details in the application will remain
with the applicant who has certifed the details relating to the purpose of such remittance.
A.3 Medical Treatment
3.1 With a view to enable residents to avail of
foreign exchange for medical treatment
abroad without any hassles and any loss
of time, Authorised Dealers may release
foreign exchange upto an amount of
USD 1,00,000 or its equivalent, on
the basis of self declaration that the
applicant is buying exchange for medical
treatment outside India, without insisting
on any estimate from a hospital/doctor.
3.2 For amount exceeding the above limit,
estimate from the doctor in India or
hospital/ doctor abroad, is required to
be submitted to the Authorised Dealers.
3.3 A person who has fallen sick after
proceeding abroad may also be released
foreign exchange by an Authorised
Dealer for medical treatment outside
India.
A.4 Cultural Tours
Dance troupes, artistes, etc., who wish to undertake tours abroad for cultural purposes should apply to the Ministry of Human Resources Development (Department of Education and Culture), Government of India, for their foreign exchange requirements. Authorised Dealers may release foreign exchange, on the strength of the sanction from the concerned Ministry, to the extent and subject to conditions indicated therein.
A.5 Private Visits
Foreign exchange for private visit can also be released to a person who is availing of foreign exchange for travel outside India for any purpose upto the limits specifed in Schedule III to the Rules.
A.6 Business Visits
Foreign exchange for undertaking business travel or attending a conference or specialised training or for maintenance expenses of a patient going abroad for medical treatment or check up abroad or for accompanying as attendant to a patient going abroad for medical treatment / check up to the limits specifed in Specifed in Schedule III to the Rules.
A.7 Period of surrender of foreign exchange
In case foreign exchange purchased for a specifc purpose is not utilized for that purpose, it could be utilized for any other eligible purpose for which drawal of foreign exchange is permitted under the relevant Regulation.
General permission is available to any resident individual to surrender received / realized / unspent / unused foreign exchange to an authorised person within a period of 180 days from the date of receipt /realization /purchase /acquisition / date of return of the traveler, as the case may be.
The liberalized uniform limit of 180 days is applicable only to resident individuals and that too in areas other than export of goods and services.
In all other cases, the regulations /directions on surrender requirement shall remain unchanged. (cf Notifcation No. FEMA 9/ 2000-RB dated May 3rd 2000, as amended from time to time).
A.8 Unspent Foreign Exchange
8.1 As stated above, unspent foreign exchange brought back to India by a resident individual should be surrendered to an authorised person within 180 days from the date of return of the traveler. Exchange so brought back can be utilised
by the individual for his /her subsequent visit abroad.
8.2 However, a returning traveler is also
permitted to retain with him, foreign
currency travelers cheques and currency
notes upto an aggregate amount of USD
2000 and foreign coins without any ceiling
(cf Notifcation No. FEMA 9/2000-RB
dated May 3rd 2000). Foreign exchange
so retained, can be utilised by the traveler
for his subsequent visit abroad.
8.3 A person resident in India can open,
hold and maintain with an Authorised
Dealer in India, a Resident Foreign
Currency (Domestic) Account, out of
foreign exchange acquired in the form of
currency notes, bank notes and travelers
cheques from any of the sources like,
payment for services rendered abroad,
as honorarium, gift, services rendered
or in settlement of any lawful obligation
from any person not resident in India.
8.4 The account may also be opened /
credited with foreign exchange earned
abroad, including proceeds of export
of goods and /or services, royalty,
honorarium, etc and /or gifts received
from close relatives (as defned in the
Companies Act) and repatriated to India
through normal banking channels by
resident individuals.
8.5 The eligible credits to the Resident
Foreign Currency (Domestic) Account,
out of foreign exchange acquired in the
form of currency notes, bank notes and
travelers cheques, are as under:
a) acquired by him from an authorised person for travel abroad and represents the unspent amount
thereof, or
b) acquired by him while on a visit to any place outside India, by way of
payment for services not arising from any business in or anything done in India and by way of honorarium or gift, or
c) acquired by him from any person not resident in India, and who is on a visit to India, as honorarium, gift, for services rendered or in settlement of any lawful obligation.
Note: Where a person approaches an authorized person for surrender of unspent / unutilized foreign exchange after the prescribed period, Authorised Person should not refuse to purchase the foreign exchange merely on the ground that the prescribed period has expired.
A. 9 Remittances for Tour arrangements, etc.
9.1 Authorised Dealers may remit foreign
exchange upto a reasonable limit, at the
request of a traveler towards his hotel
accommodation, tour arrangement, etc.
in the countries proposed to be visited
by him, provided it is out of the foreign
exchange purchased by the traveler
from an Authorised Person (including
exchange drawn for private travel
abroad) in accordance with the Rules,
Regulations and Directions in force.
9.2 Authorised Dealers may effect
remittances at the request of agents in
India who have tie up arrangements with
hotels / agents, etc abroad for providing
hotel accommodation or making other
tour arrangement for travelers from
India, provided the Authorised Dealer
is satisfed that the remittance is being
made out of the foreign exchange
purchased by the concerned traveler
from an authorised person (including
exchange drawn for private travel
abroad) in accordance with the Rules,
Regulations and Directions in force.
9.3 Authorised Dealer may open foreign
currency accounts in the name of agents in India who have tie up arrangements with hotels/agents etc., abroad for providing hotel accommodation or making other tour arrangements for travelers from India provided:
a) The credits to the account are by
way of depositing
i. Collections made in foreign exchange from travelers, and
ii. Refunds received from outside India on account of cancellation of bookings /tour arrangements etc., and
b) the debits in foreign exchange are
for making payments towards hotel
accommodation, tour arrangements,
etc., outside India, in accordance
with 9.2 above
9.4 Authorised Dealer may allow tour
operators to remit the cost of rail/road/
water transportation charges outside
India without any prior approval from
the Reserve Bank, net of commission /
mark up due to the agent. The sale of
passes/ticket in India can be made either
against the payment in Indian Rupees or
in foreign exchange released for visits
abroad. The cost of passes/ tickets
collected in Indian Rupees need not be
adjusted in the travelers’ entitlement of
foreign exchange for private visit.
9.5 In respect of consolidated tours arranged
by travel agents in India for foreign
tourists visiting India and neighbouring
countries like Nepal, Bangladesh, Sri
Lanka, etc. against advance payments/
reimbursement through an authorised
dealer, part of the foreign exchange
received in India against such
consolidated tour arrangement, may require to be remitted from India to these neighbouring countries for services rendered by travel agent and hoteliers in these countries. Authorised dealers may allow such remittances after verifying that the amount being remitted to the neighbouring countries (inclusive of remittances, if any, already made against the tour) does not exceed the amount actually remitted to India and the country of residence of the benefciary is not Pakistan.
A.10 Payment in Rupees
Authorised Dealers may accept payment in cash upto Rs.50,000 only against sale of foreign exchange for travel abroad (for private visit or for any other purpose). Wherever the sale of foreign exchange exceeds the amount equivalent to Rs.50,000 the payment must be received only by a
i. Crossed Cheque drawn on the applicant’s bank account, or
ii. Crossed Cheque drawn on the bank account of the frm/company sponsoring the visit of the applicant, or
iii. Banker’s Cheque/ Pay Order/ Demand Draft.
Note: Where the rupee equivalent of foreign exchange drawn exceeds Rs.50,000 either for any single drawal or more than one drawal reckoned together for a single journey/visit, it should be paid by cheque or draft.
A.11 Advance Remittance-Import of Services
Authorised Dealers may allow advance remittance for import of services. However, where the amount exceeds USD 1,00,000 or its equivalent, a guarantee from a bank of International repute situated outside India or a guarantee from an authorised dealer in India, if
such a guarantee is issued against the counter- guarantee of a bank of International repute situated outside India, should be obtained from the overseas benefciary. The authorised dealer should also follow up to ensure that the benefciary of the advance remittance has fulflled his obligations under the contract or agreement with the remitter in India.
A.12 Issue of Guarantee-Import of Service
Authorised dealer may issue guarantee on behalf of their customers importing services, provided:
a) The guarantee amount does not exceed
USD 100,000;
b) Authorised dealer is satisfed about the
bonafdes of the transaction;
c) Authorised dealer ensures submission
of documentary evidence for import of
services in the normal course; and
d) The guarantee is to secure a direct
contractual liability arising out of
contract between a resident and a non
resident.
In case of invocation of the guarantee, the Authorised Dealer is required to submit to the Chief General Manager - in-Charge, Foreign Exchange Department, Foreign Investments Division (EPD), Reserve Bank of India, Central offce, Mumbai-400001 a report on the circumstances leading to the invocation of the guarantee.
A.13. Liberalised Remittance Scheme of USD 2,00,000 for Resident Individuals
13.1 Under this scheme, Authorised Dealers may freely allow remittances by resident individuals upto USD 2,00,000 per fnancial year (April- March) for any permitted current or capital account transactions or a combination of both.
13.2 The limit of USD 2,00,000 under the
Scheme would also include remittances
towards gift and donation by a resident
individual.
13.3 Remittances under the scheme are
allowed only in respect of permissible
current or capital account transactions
or combination of both. All other
transactions Which are otherwise not
permissible under FEMA and those in
the nature of remittance for margins
or margin calls to overseas exchanges/
overseas counterparty are not allowed
under the scheme.
13.4 Resident individuals are free to acquire
and hold immovable property or shares
(of listed companies or otherwise) or
debt instruments or any other assets
outside India without prior approval of
the Reserve Bank.
13.5 Individuals can also open, maintain
and hold foreign currency accounts
with a bank outside India for making
remittances under the scheme without
prior approval of the Reserve Bank.
The foreign currency accounts may be
used for putting through all transactions
connected with or arising from
remittances eligible under this scheme.
13.6 Banks should not extend any kind of
credit facilities to resident individuals to
facilitate remittances under the Scheme.
13.7 Liberalised Remittance Scheme is not
available for remittance to countries
identifed by Financial Action Task Force
(FATF) as non co-operative countries
and territories as available on FATF
website www.fatf-gaf.org or as notifed
by the Reserve Bank.
13.8 For undertaking transactions under the
Scheme, resident individuals may use the
Application-cum-Declaration Form.
Beginning from April 2008, AD Category-I banks are required to furnish the informaion on a monthly basis to the Chief General Manager -in-Charge, Foreign Exchane Department, (FID -EPD), Reserve Bank of India, Centeral Offce, 11th Floor, Central Offce Building, Mumbai -400 001, on or before ffth of the following month to which it relates. A soft copy of the statement (in Excel format) may also be sent by e-mail to fedcofd@rbi.org.in
A.14 Documentation
14.1 The Reserve Bank will not, generally,
prescribe the documents, which should
be verifed by the Authorised Dealers
while releasing foreign exchange. In
this connection, attention of authorised
dealers is drawn to sub-section (5) of
Section 10 of the FEMA, 1999 which
provides that an authorised person
shall require any person wanting to
transact in foreign exchange to make
such a declaration and to give such
information as will reasonably satisfy
him that the transaction will not involve
and is not designed for the purpose of
any contravention or evasion of the
provision of the FEMA or any rule,
regulation, notifcation, direction or
order issued thereunder.
14.2 Authorised dealers are also require
to keep on record any information /
documentation, on the basis of which
the transaction was undertaken, for
verifcation by Reserve Bank. In case the
applicant refuses to comply with any such
requirement or makes unsatisfactory
compliance therewith, the authorised
dealer shall refuse, in writing to undertake
the transaction and shall, if he has
reasons to believe that any contravention /evasion is contemplated by the person, report the matter to Reserve Bank.
14.3 Authorised Dealers have specifcally been advised that they may release foreign exchange upto USD 1,00,000 each for employment, emigration, maintenance of close relatives, education and medical treatment abroad without insisting on any supporting documents but on the basis of self declaration incorporating certain basic details of the transactions and submission of Form A2.
In addition, the excisting facility of release of exchange by Authorised Persons upto USD 10.000 or its equivalent in one fnancial year
for one or more private visits to any country
(except Nepal and Bhutan) will continue to be
available on a self - declaration basis.
A.15 Endorsement on Passport
It is not mandatory for authorised dealers to endorse the amount of foreign exchange sold for travel abroad on the passport of the traveler. However, if requested by the traveler, they may record under their stamp, and signature, details of foreign exchange sold for travel.
A.16 International Credit Cards
16.1 The restrictions contained in Rule 5
of the Foreign Exchange Management
(Current Account Transactions) Rules,
2000 will not be applicable for use of
International Credit Cards (ICCs) by
residents for making payment towards
expenses, while on a visit outside India.
16.2 Residents can use ICCs on internet for
any purpose for which exchange can be
purchased from an authorised dealer in
India, e.g. for import of books, purchase of downloadable software or import of any other item permissible under Foreign Trade Policy (FTP).
16.3 ICCs cannot be used on internet or
otherwise for purchase of prohibited
items, like lottery tickets, banned or
prescribed magazines, participation
in sweepstakes, payment for call-back
services, etc. since no drawal of foreign
exchange is permitted for such items /
activities.
16.4 There is no aggregate monetary ceiling
separately prescribed for use of ICCs
through internet.
16.5 Resident individuals maintaining foreign
currency accounts with an authorised
dealer in India or a bank abroad, as
permissible under Foreign Exchange
Regulations, are free to obtain ICCs
issued by overseas banks and other
reputed agencies. The charges incurred
against the card either in India, or
abroad, can be met out of funds held
in such foreign currency account/s of
the card holder or through remittances,
if any, from India only through a bank
where the card holder has current or
saving account. The remittance for this
purpose should also be made directly to
the card-issuing agency abroad and not
to a third party.
16.6 The applicable limit will be the credit
limit fxed by the card issuing banks.
There is no monetary ceiling fxed by
the Reserve Bank for remittances, if any,
under this facility.
A.17 International Debit Cards
17.1 Banks authorised to deal in foreign exchange are issuing International Debit Cards (IDCs) which can be used by a resident for drawing cash or making
payment to establishment overseas during his visit abroad. It is clarifed that IDCs can be used only for permissible current account transactions and the item - wise limits as mentioned in the schedules to Rules as amended from time to time, are equally applicable to payments made through use of these cards.
17.2 The IDCs cannot be used on internet for
purchase of prohibited items like lottery
tickets, banned or prescribed magazines,
participation in sweepstakes, payment
for call-back services, etc i.e. for such
items/ activities for which drawal of
foreign exchange is not permitted.
17.3 The International Banking Divisions/
Foreign Exchange Departments of
AD banks may submit a statement as
on December 31, each year in case
the aggregate forex utilization by the
IDC holders exceeds USD 100,000 in
a calander year. The statement should
reach the Chief General Manager - in -
Charge, Foreign Exchange Department,
External Payments Divison, Central
Offce, Mumbai-400 001 on or before
20th January of the succeeding year.
A.18 Store Value Cards/Charge Cards/ Smart Cards, etc.
Certain AD banks are also issuing Store Value Card /Charge Card/ Smart Card to residents traveling on private/ business visit abroad which are used for making payments at overseas merchant establishments and also for drawing cash from ATM terminals. No prior permission from Reserve Bank is required for issue of such cards. However, the use of such cards is limited to permissible current account transactions and subject to the prescribed limits under the Rules, as amended from time to time.
A.19 Acquisition of Foreign Securities Under Employees Stock Option Plan (ESOP)
Resident individuals who are either employees or director of an Indian offce or a branch of a foreign company in which foreign holding is not less than 51% are permitted to acquire foreign securities under ESOP Scheme without any monetary limit. They are also permitted to freely sell the shares provided the proceeds thereof are repatriated to India.
A.20 Income–Tax Clearance
Remittances to non-residents will be allowed to be made by the authorised dealers on production of an undertaking by the remitter and a Certifcate from Chartered Accountant in the formats prescribed by the Central Board of Direct Taxes, Ministry of Finance, Government of India in their circular No. 10/2002 dated October 9, 2002. [c.f. A. P. (DIR Series) circular No. 56 dated November 26, 2002].
ANNEXURE-I
FOREIGN EXCHANE MANAGEMENT (CURRENT ACCOUNT TRANSACTIONS) RULES, 2000
1. Short title and commencement
1). These rules may be called the Foreign Exchange Management (Current Account Transacions) Rules, 2000:
2). They Shall come into effect on the 1st day of June 2000.
2. Defnitions - In these rules, unless the
context otherwise requires:
(a) “Act” means the Foreign Exchange
Management Act, 1999 (42 of 1999);
(b) “Drawal” means drawal of foreign exhange
from an authorised person and includes
opening of Latter of Credit or use of
International Credit Card or International
Debit Card or ATM Card or any other thing
by whatever name called which has the effect
of creating foreign exchange liability;
(c) “Schedule” means a schedule appended to
these rules;
(d) The words and expressions not defned in
these rules but defned in the Act shall have
the same meanings respectively assigned to
them in the Act.
3. Prohibition on Drawal of Foreign
Exchange
Drawal of foreign exchange by any person for the following purpose is prohibited, namely;
a. a transaction specifed in the schedule I; or
b. a travel to Nepal and/or Bhutan; or
c. a transaction with a person resident in Nepal
or Bhutan
Provided that the prohibition in clause (c) may be exempted by RBI subject to such terms and conditions as it may necessary to stipulate by special or general order.
4. Prior Approval of Govt. of India
No person shall draw foreign exchange for a transaction included in the Schedule II without prior approval of the Government of India;
Provided that this rule shall not apply where the payment is made out of funds held in Resident Foreign Currency (RFC) Account of the remitter.
5. Prior Approval of Reserve Bank
No person shall draw foreign exchange for a transaction included in the Schedule III without prior approval of Reserve Bank;
Provided this rule shall not apply where the payment is made out of funds held in Resident Foreign Currency (RFC) account of the remitter.
6. (1) Nothing contained in Rule 4 or Rule 5 shall apply to drawal made out of funds held in Exchange Earners’ Foreign Currency (EEFC) account of the remitter.
(2) Notwithstanding anything contained in sub- rule(1), restricitons imposed under rule 4 or rule 5 shall continue to apply where the drawal of foreign exchange from the Exchange Earners Foreign currencey (EEFC) Account is for the purpose specifed in items 10 and 11 of schedule II, or item 3, 4, 11, 16, 17 of schedule III as the case may be.
Use of International Credit Card while Outside India
Prior approval of Reserve Bank for a transaction included in Schedule III is not required for use of International Credit card for making payment by a person towards meeting expenses while such person is on a visit outside India.
SCHEDULE-I
TRANSACTION WHICH ARE PROHIBITED (SEE RULE - 3)
1. Remittance out of lottery winning.
2. Remittance of income from racing/
riding etc. or any other hobby.
3. Remittance for purchase of lottery
tickets, banned/prescribed magazines,
football pools, sweepstakes, etc.
4. Payment of commission on exports
made towards equity investment in Joint
Ventures/ Wholly owned Subsidiaries
abroad of Indian companies.
5. Remittance of dividend by any company
to which the requirement of dividend
balancing is applicable.
6. Payment of commission on exports
under Rupee State Credit Route, except
commission upto 10% of invoice value
of export of tea and tobacco.
7. Payment related to “Call Back Services” of telephones.
8. Remittance of interest income on funds
held in Non-Resident Special Rupee
(Account) Scheme.
SCHEDULE-II
TRANSACTION WHICH REQUIRE PRIOR APPROVAL OF
THE CENTRAL GOVERNMENT
(SEE RULE - 4)
S. NO. Purpose of Remittance |
Ministry/Department of Govt. of India whose approval is required |
1. |
Cultural Tours |
Ministry of Human Resources Development, (Department of Education and Culture) |
2. |
Advertisement in foreign print media for the purposes other than promotion of tourism, foreign investments and international bidding (exceeding USD 10,000) by a State Government and its Public Sector Undertakings |
Ministry of Finance, (Department of Economic Affairs) |
3. |
Remittance of freight of vessel chartered by a PSU |
Ministry of Surface Transport, (CharteringWing) |
4. |
Payment of import by a Govt. Department or a PSU on c.i.f. basis (i.e. other than f.o.b. and f.a.s. basis) |
Ministry of Surface Transport, (Chartering Wing) |
5. |
Multi-modal transport operators making remittance to their agents abroad |
Registration Certifcate from the Director General of Shipping |
6. |
Remittance of hiring charges of transponders by
(a) Tv Channels
(b) Internet Service providers
|
Ministry of Information and Broadcasting
Ministry of Communication and Information Technology |
7. |
Remittance of container detention charges exceeding the rate prescribed by Director General of Shipping |
Ministry of Surface Transport (Director General of shipping) |
8. |
Remittances under technical collaboration agreements where payment of royalty exceeds 5% on local sales and 8% on exports and lump-sum payment exceeds USD 2 million |
Ministry of Commerce and Industry |
9. |
Remittance of prize money/ sponsorship of sports activity abroad by a person other than International / national / state Level sports bodies, if the amount involved exceeds USD 100,000. |
Ministry of Human Resources Development (Department of Youth Affairs and Sports) |
10. |
Omitted |
|
11. |
Remittance for membership of P & I Club |
Ministry of Finance, (Insurance Division) |
SCHEDULE-III
TRANSACTION WHICH REQUIRE PRIOR APPROVAL
OF RESERVE BANK
(SEE RULE - 5)
1. Omitted.
2. Release of exchange exceeding USD
10,000 or its equivalent in one calendar
year, for one or more private visits to any
country (except Nepal and Bhutan).
3. Gift remittance exceeding USD 5,000 per
remitter/donor per annum.
4. Donation exceeding USD 5,000 per
remitter/donor per annum.
5. Exchange facilities exceeding USD
100,000 for persons going abroad for
employment.
6. Exchange facilities for emigration
exceeding USD 100,000 or amount
prescribed by country of emigration.
7. Remittance for maintenance of close
relatives abroad,
i. Exceeding net salary (after deduction of taxes, contribution to provident fund and other deductions) of a person who is resident but not permanently resident in India and-
(a) is a citizen of a foreign State otherthan Pakistan; or
(b) is a citizen of India, who is on deputation to the offce or branch or subsidiary or joint venture in India of such foreign company.
ii. Exceeding USD 100,000 per year, per recipient, in all other cases.
Explanation : For the purpose of this item, a person resident in India on account of his employment or deputation of a specifed duration (irrespective of length thereof) or for a specifc job or assignment; the duration of which does not exceed three years, is a resident but not permanently resident.
8. Release of foreign exchange, exceeding
USD 25,000 to a person, irrespective
of period of stay, for business travel
or attending a conference or specialised
training or for maintenance expenses of a
patient going abroad for medical treatment
or check-up abroad, or for accompanying
as attendant to a patient going abroad for
medical treatment/ check-up.
9. Release of exchange for meeting expenses
for medical treatment abroad exceeding
the estimate from the doctor in India or
hospital/doctor abroad.
10. Release of exchange for studies abroad
exceeding the estimate from the institution
abroad or USD 100,000 per academic
year, whichever is higher.
11. Commission, per transaction, to agents
abroad for sale of residential fats or
commercial plots in India exceeding USD
25,000 or 5% of the inward remittance
whichever is more.
12. Omitted
13. Omitted
14. Omitted
15. Remittance exceeding USD 1,000,000
per project, for any consultancy service
procured from outside India.
16. Omitted
17. Remittance exceeding USD 100,000 by an
entity in India by way of reimbursement
of pre-incorporation expenses.
18. Omitted
|