RBI/2011-12/465
A. P. (DIR Series) Circular No.95
March 21, 2012
To
All Category-I Authorised Dealer Banks and Authorised banks
Madam / Sir,
Foreign Exchange Management (Deposit) Regulations,
2000 – Credit to Non Resident (External) Rupee / Foreign Currency Non-Resident
(Bank) Account
Attention of Authorised Dealer Category - I (AD Category-I)
banks is invited to Regulation 5(6) of Foreign Exchange Management (Borrowing or
Lending in Foreign Exchange) Regulations, 2000 notified vide
Notification No. FEMA 3/2000-RB dated May 3, 2000, as amended from
time to time, in terms of which, an individual resident in India may borrow a
sum not exceeding USD 250,000/- or its equivalent from her / his close relatives
outside India, subject to the conditions mentioned therein.
2. The Reserve Bank has received representations that the
repayment of such loans may be allowed to be credited to the Non Resident
(External) Rupee (NRE) Accounts. On review, it has been decided that AD
Category-I banks may allow repayment of such loans to NRE / Foreign Currency
Non-Resident (Bank) [FCNR(B)] account of the lender concerned subject to the
condition that the loan to the resident individual was extended by way of inward
remittance in foreign exchange through normal banking channels or by debit to
the NRE / FCNR(B) account of the lender and the lender is eligible to open NRE /
FCNR(B) account within meaning of the Foreign Exchange Management (Deposit)
Regulations, 2000 notified vide
Notification No. FEMA 5/2000-RB dated May 3, 2000, as amended from
time to time. Such credit shall be treated as an eligible credit to the NRE /
FCNR(B) account in terms of Para 3(j) of Schedule-1 read with Para 5 of
Scheule-2 of Notification No. FEMA 5/2000-RB, ibid.
3. Authorized Dealer banks may please bring the contents of this circular to
the notice of their constituents concerned.
4. The directions contained in this circular have been issued under Section
10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and
are without prejudice to permissions / approvals, if any, required under any
other law.
Yours faithfully,
(Meena Hemchandra)
Chief General Manager-in-Charge