To,
All
Category - I Authorised Dealer Banks
Madam
/ Sir,
Foreign
Exchange Management Act (FEMA), 1999 – Current Account Transactions – Remittance
for consultancy services - Liberalisation
Attention
of Authorised Dealer Category-I (AD Category-I) banks is invited to Foreign Exchange
Management (Current Account Transactions) Rules, 2000 notified vide Notification
No. G.S.R.381(E) dated 4th May 2000, as amended from time to time.
In terms of Rule 5 of the Foreign Exchange Management (Current Account Transactions)
Rules, 2000, prior approval of the Reserve Bank is required for drawing foreign
exchange ‘for remittance exceeding USD 1,000,000 per project, for any consultancy
service procured from outside India [item 15 of Schedule III to the Foreign Exchange
Management (Current Account Transactions) Rules, 2000].
2. As
announced in the Annual
Policy Statement for the year 2007-08 (para 146 (i) ii)) and with a view to
further liberalise the procedure and provide greater flexibility, it has been
decided to raise the limit for remittance for consultancy service procured from
outside India by Indian companies executing infrastructure projects from USD 1
million per project up to USD 10 million per project. For this purpose, infrastructure
sector is defined as (i) power, (ii) telecommunication, (iii) railways, (iv) road
including bridges, (v) sea port and airport, (vi) industrial parks, and (vii)
urban infrastructure (water supply, sanitation and sewage projects). Accordingly,
AD Category - I banks may allow remittances on behalf of Indian companies in such
cases up to USD 10 million per project, after verifying the bonafides of the transaction.
In all other cases, the existing limit of USD 1 million, per project, for any
consultancy service procured from outside India, will continue.
3. Necessary
amendments to Foreign Exchange Management (Current Account Transactions) Rules,
2000 are being notified separately.
4. AD
Category - I banks may bring the contents of this circular to the notice of their
constituents and customers concerned.
5. 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 is without
prejudice to permissions / approvals, if any, required under any other law.
Yours faithfully,
(Salim
Gangadharan)
Chief General Manager