FEMA Permissible Capital Account Transactions Amendment 2013

Relative A.P. (DIR) circular: 24/14.08.2013

RESERVE BANK OF INDIA FOREIGN EXCHANGE DEPARTMENT CENTRAL OFFICE MUMBAI-400 001 Notification No.FEMA.282/2013-RB Dated : August  14, 2013 Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment) Regulations, 2013 In exercise of the powers conferred by sub-section (2) of Section 6, Sub-Section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999) the Reserve Bank of India, in consultation with Central Government, makes the following Regulations to amend the Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000, ( Notification No. FEMA.1/2000–RB dated May 3, 2000 ) namely:

1. Short Title & Commencement

• (i) These Regulations may be called the Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment) Regulations, 2013.
• (ii) They shall come into force from the date of their publication in the Official Gazette.

2. Amendment to the Regulations In the Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000, in regulation 4, in sub-regulation (a), for the provisos, the following shall be substituted :- " Provided that –

• (a) subject to the provisions of the Act or the rules or regulations or directions or orders made or issued thereunder, a resident individual may, draw from an authorized person foreign exchange not exceeding USD 75000 per financial year or such amount as decided by Reserve Bank from time to time for a capital account transaction specified in Schedule I. Further, any remittances for acquisition of immovable property outside India under the Scheme shall not be permitted. Explanation: Drawal of foreign exchange by resident individuals towards remittances of gift or donations as per item No. 3 and 4 of Schedule III to Foreign Exchange Management (Current Account Transactions) Rules, 2000 dated 3rd May 2000 as amended from time to time, shall be subsumed within the limit under proviso (a) above;
• (b) where the drawal of foreign exchange by a resident individual for any capital account transaction specified in Schedule I exceeds USD 75000 or as decided by Reserve Bank from time to time as the case may be, per financial year, the limit specified in the regulations relevant to the transaction shall apply with respect to such drawal. Provided further that no part of the foreign exchange of USD 75000 or as decided by Reserve Bank from time to time as the case may be, drawn under proviso (a) shall be used for remittance directly or indirectly to countries notified as non-co-operative countries and territories by Financial Action Task Force (FATF) from time to time and communicated by the Reserve Bank of India to all concerned."

(C.D. Srinivasan) Chief General Manager

Foot Note: The Principal Regulations were published in the Official Gazette vide No. G.S.R. No.384 (E) dated May 5, 2000 in Part II, Section 3, sub-section (i) and subsequently amended vide:

• i. No. G.S.R.207 (E) dated March 23,2004 and
• ii. No. G.S.R.14 (E) dated January 5,2008

Published in the Official Gazette of Government of India – Extraordinary – Part-II, Section 3, Sub-Section (i) dated 14.08.2013- G.S.R.No.551 (E)