A.P. (DIR Series) CircularsForeign Exchange Management Act (FEMA), 1999
Attention
of the Full Fledged Money Changers (FFMCs) is invited to para 4 of AD(MA Series)
Circular No. 11 dated 16th May 2000 wherein
it has been indicated that the directions contained therein shall be applicable,
mutatis-mutandis to money changers and they shall continue to be governed by the
provisions of FLM/ ROMP as amended from time to time. In terms of FEMA 1999, the
current regulations stand modified as under:
1.
Quantum of exchange permitted to be released for the approved purposes: -
a.
Exchange not exceeding US $ 5000 or its equivalent per person in one
calendar year for one or more private visits to any country (except Nepal and
Bhutan) as against the quantum of exchange now allowed under BTQ (para 10 of FLM).
b.
Exchange not exceeding US $ 25000 to a person irrespective of period of
stay for business travel as against various scales of exchange existing as of
now (para 11 of FLM).
2.
Documentation:
It
has been decided that henceforth the Reserve Bank will not prescribe the
documents, which should be verified by the Money Changers while releasing
foreign exchange. In this connection attention of Money Changers is drawn to
sub-section (5) of Section 10 of the Foreign Exchange Management Act, 1999 (42
of 1999) which provides that an authorised person shall before undertaking any
transaction in foreign exchange on behalf of any person require that person 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 provisions of the Act or any rule,
regulation, notification, direction or order issued thereunder. Money Changers
are advised to keep on record any information/documentation on the basis of
which the transaction was undertaken for verification by the Reserve Bank. The
said clause further provides that where the said person (applicant) refuses to
comply with any such requirement or makes unsatisfactory compliance therewith,
the authorised person 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.
3.
FFMCs are advised that they shall continue to be governed by all other
provisions of FLM.
4.
Amendments to FLM will be issued separately. In the meantime authorised
persons may bring the contents of this circular to the notice of their
constituents.
5.
The directions contained in this circular have been issued under Section
10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999 (42 of
1999). Any contravention or non-observance of these directions is subject to the
penalties prescribed under the Act.
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