RESERVE BANK OF INDIA
FOREIGN EXCHANGE DEPARTMENT
CENTRAL OFFICE
MUMBAI
RBI/2004/67
A.P. (DIR Series) Circular No.74
February 20, 2004
To
All Authorised Dealers in Foreign Exchange
Madam/Sirs,
FEMA 1999 - Grant of Loans by Indian Companies to the Employees
of their Branches Outside India
Attention of Authorised Dealers is invited to A. D. (M. A.
Series) Circular No. 11 dated May 16, 2000. In Regulation 5 of Foreign Exchange
Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 vide
Notification
No. FEMA 3/2000-RB dated May 3, 2000 contained thereat, borrowing and lending
in foreign currency by persons other than Authorised Dealers is envisaged.
2. At present loans granted by the Indian companies to the employees of their branches outside India require permission of the Reserve Bank since such loans are treated as loans by a resident to a non-resident.
3. It is clarified that though branches of Indian companies outside India are treated as residents as per the definition, the employees of such branches are treated as persons resident outside India.
4. As a further measure of liberalisation and procedural simplification, it has been decided to grant general permission to the Indian Companies in India to grant loans in foreign currency to the employees of their branches outside India for personal purposes in accordance with the lender's Staff Welfare Scheme/Loan Rules and other terms and conditions as applicable to its staff resident in India and abroad.
5. A copy of Notification
No.FEMA 80/2003-RB dated January 8, 2003 which has been issued, amending
the provisions of Notification
No.FEMA 3/2000-RB dated May 3, 2000 is enclosed (Sub-regulation 6 of the
amended Notification may please be read as No.7. A Corrigendum is being
issued separately).
6. Authorised Dealers may bring the contents of this circular to the notice of their constituents concerned.
7. The directions contained in this circular have been issued under Sections 10(4) and 11(1) of FEMA 1999 (42 of 1999).
Yours faithfully,
Grace Koshie
Chief General Manager
Encl : As above
RESERVE BANK OF INDIA
EXCHANGE CONTROL DEPARTMENT
CENTRAL OFFICE
MUMBAI 400 001
NOTIFICATION No.FEMA. 80 /2003-RB
January 8, 2003
Foreign Exchange Management (Borrowing
or Lending in Foreign Exchange) (Amendment) Regulations, 2003
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), and in partial modification
of its Notification No.FEMA.3/2000-RB dated May 3, 2000, the Reserve Bank of
India makes the following Regulations to amend the Foreign Exchange Management
(Borrowing or Lending in Foreign Exchange) Regulations, 2000, namely:
1. Short title and commencement:
- These Regulations may be called the Foreign Exchange
Management (Borrowing or Lending in Foreign Exchange) (Amendment) Regulations,
2003.
- They shall come into force from the date of their publication
in the Official Gazette.
2. Amendment of the Regulations:
In the Foreign Exchange Management (Borrowing
or Lending in Foreign Exchange) Regulations, 2000 in Regulation 5, after sub-Regulation
(5), the following Sub-Regulation shall be inserted, namely:-
"(6) Indian companies in India may
grant loans in foreign currency to the employees of their branches outside India
for personal purposes provided that the loan shall be granted for personal purposes
in accordance with the lender’s Staff Welfare Scheme/Loan Rules and other terms
and conditions as applicable to its staff resident in India and abroad,"
(K. J. Udeshi)
Executive Director
G.S.R.531(E) dated January 8, 2003