The Foreign Exchange Management Act (FEMA) is a set of regulations governing the foreign exchange market in India. With the liberalization of the Indian economy and increased global exposure, there has been a sharp increase in the demand and supply of foreign exchange in the country. In order to ensure effective management of operations pertaining to foreign exchange, the Central Government enacted The Foreign Exchange Management Act (FEMA), 1999. This act came into force with effect from January 2000. The primary objective of FEMA is to establish a framework for monitoring and to regulate all transactions involving foreign exchange so as to prevent illegal fund flows, protect the external reserves of India, and guard against any potential threat to its economic stability. Let’s take a closer look at what you need to know about FEMA –
Know Your Rights
All Indian residents are entitled to make all kinds of payments in any foreign currency. There is no restriction on the number of foreign exchange transactions an Indian resident can make in a year. However, the Indian resident has to make a declaration to the RBI, if the total value of such transactions exceeds US$5000 per financial year. In case of any Indian traveller going abroad, the traveller is allowed to bring foreign exchange as applicable under the law, i.e., Indian residents are allowed to bring foreign exchange not exceeding US$5000 in any form, including travellers’ cheques, etc. In addition to this, Indian residents can also bring back gifts and souvenirs purchased on a trip outside India provided the value of such gifts and souvenirs does not exceed US$500 per person.
Conditions For Authorisation
The conditions for authorisation are – – The person is a resident of India. – He is a person of integrity. – He has adequate knowledge and experience of the business in which he is engaged or of the profession to which he is devoted. – He has net assets of not less than US$5000 or net income from business or profession of not less than US$5000 in the preceding fiscal year. – He has a net worth of not less than US$5000.
Rights And Duties Of Registered Dealer
Registered dealers are required to maintain records of all transactions related to foreign exchange for a period of five years. Moreover, they are expected to provide information to the Central Government or Reserve Bank of India when required. Registered dealers have the right to receive payment in any freely transferable currency against price in Indian rupees at the applicable official rate of exchange. Registered dealers have a duty to maintain an account of all transactions undertaken in relation to foreign exchange and to keep records of such transactions for a period of five years. Registered dealers have a duty to report the receipt and the foreign exchange payment to the Reserve Bank of India within seven days of the transaction.
Registration Requirement For Travellers’ Cheques, Receipts, And Payments
Indian residents travelling abroad can purchase travellers’ cheques from any registered dealer against payment in Indian rupees at the applicable official rate of exchange. Indian residents travelling abroad can also issue travellers’ cheques for the equivalent value in Indian rupees against payment in any freely transferable currency at the applicable official rate of exchange. Indian residents residing in India can purchase travellers’ cheques for the equivalent value in foreign exchange against payment in Indian rupees at the applicable official rate of exchange. Indian residents residing in India can also issue travellers’ cheques for the equivalent value in any freely transferable currency against payment in Indian rupees at the applicable official rate of exchange.
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Foreign Exchange Management Act (FEMA) Violation Penalties
The violation of FEMA can result in monetary penalties and imprisonment of up to three years. The key violations under FEMA are – Contravention of the specified restrictions on the amount of foreign exchange that can be imported or exported from India. – Importing or exporting foreign exchange against payment in violation of the specified procedure. – Issuing travellers’ cheques and receipts for foreign exchange in contravention of the specified procedure. – Contravention of the specified restrictions on the amount of foreign exchange that can be imported or exported by Indian residents. – Contravention of the specified restrictions on the amount of foreign exchange that can be imported or exported against payment in violation of the specified procedure by Indian residents.
Conclusion
The Foreign Exchange Management Act (FEMA) is a set of regulations governing the foreign exchange market in India. With the liberalization of the Indian economy and increased global exposure, there has been a sharp increase in the demand and supply of foreign exchange in the country. In order to ensure effective management of operations pertaining to foreign exchange, the Central Government enacted The Foreign Exchange Management Act (FEMA), 1999. This act came into force with effect from January 2000. The primary objective of FEMA is to establish a framework for monitoring and to regulate all transactions involving foreign exchange so as to prevent illegal fund flows, protect the external reserves of India, and guard against any potential threat to its economic stability.
