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Date: 22-09-2009
Notification No: RBI Notification No FEMA 197 /RB-2009
Issuing Authority: RBI  
Type: FEMA Notification
File No:
Subject: Any request from Corporates for availing of ECB who are under investigation of RBI/DOE need approval of RBI under Approval Route

RESERVE BANK OF INDIA
(FOREIGN EXCHANGE DEPARTMENT)
CENTRAL OFFICE
MUMBAI

Notification No. FEMA 197/2009-RB

September 22 , 2009

Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Third Amendment) Regulations, 2009

In exercise of the powers conferred by clause (d) of sub-section (3) of Section 6, and sub section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments in the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000(Notification No.FEMA.3/2000-RB dated May 3, 2000), namely:-

  1.  Short title and commencement :

    (a) These Regulations may be called the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Third Amendment) Regulations, 2009

    (b) They shall be deemed to have come into force from the June 30, 2009.

  2. Amendment of the Regulations :

    In the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 (Notification No.FEMA.3/2000-RB dated May 3, 2000), in Schedule I, in paragraph (1),in sub-paragraph (i),

    (I) after clause (a), the following proviso shall be inserted, namely:-

    "provided that they have not at any time violated any of the provisions of these regulations and no investigation is pending against them for contravention of the provisions of these regulations under the Act."

    (II) after clause (b), the following proviso shall be inserted, namely:-

    "provided that they have not at any time violated any of the provisions of these regulations and no investigation is pending against them for contravention of the provisions of these regulations under the Act."

    (III) after clause (c), the following proviso shall be inserted, namely:-

    "provided that they have not at any time violated any of the provisions of these regulations and no investigation is pending against them for contravention of the provisions of these regulations under the Act."

(Salim Gangadharan)
Chief General Manager-in-Charge

Foot Note:

The Principal Regulations were published in the Official Gazette vide No. G.S.R. No.386 (E) dated May 5, 2000 in Part II, Section 3, sub-section (i) and subsequently amended vide:

  1.  No. G.S.R.674 (E) dated August 25,2000
  2.  No. G.S.R.476 (E) dated July 8,2002
  3.  No. G.S.R.854 (E) dated December 31,2002
  4. No. G.S.R.531 (E) dated July 9,2003
  5. No. G.S.R.533 (E) dated July 9,2003
  6. No. G.S.R.208 (E) dated March 23,2004
  7. No. G.S.R.825 (E) dated December 22,2004
  8. No. G.S.R.60 (E) dated February 9,2005
  9. No. G.S.R.739 (E) dated December 22,2005
  10.  No. G.S.R.663 (E) dated October 16,2007
  11. No. G.S.R.61 (E) dated January 30,2009
  12. No. G.S.R.547(E) dated July 27, 2009

Published in the Official Gazette of Government
of India – Extraordinary – Part-II, Section 3,
Sub-Section (i) dated 23.11.2009 - G.S.R.No.836(E)

       

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