To,
All
Category - I Authorised Dealer Banks
Madam
/ Sir,
Import
of Equipments by BPO Companies in India for International Call Centre
Attention
of Authorised Dealer Category - I (AD Category - I) banks is invited to paragraph
A.10.1 of the Annexure to A.P. (DIR Series) Circular
No.106 dated June 19, 2003, in terms of which, it is obligatory on the part
of the AD Category - I banks through whom the remittance for imports has been
made, to ensure that the importer submits the Exchange Control copy of the Bill
of Entry for home consumption as evidence of import.
2.
Reserve Bank has been receiving requests from Business Process Outsourcing (BPO)
companies in India for permission to make remittances towards import and installation
of equipments at overseas sites in connection with setting up of their International
Call Centres (ICCs). In such cases, the equipments are installed at overseas sites
without physical import taking place in India. As a result, the importers are
unable to produce evidence of import, requiring specific permission from the Reserve
Bank.
3.
As announced in the Annual
Policy Statement for the year 2007-08 [para 146 (i) (v)], with the objective
of rationalising and simplifying the Foreign Exchange Regulations and providing
greater flexibility to such transactions, it has been decided that AD Category
– I banks may, henceforth, allow BPO companies in India to make remittances towards
the cost of equipment to be imported and installed at their overseas sites.
4.
The remittances are subject to the following conditions:
(i)
The BPO company should have obtained necessary approval from the Ministry of Communications
and Information Technology, Government of India and other authorities concerned
for setting up of the ICC.
(ii)
The remittance should be allowed based on the AD Category – I banks’ commercial
judgment, the bonafides of the transactions and strictly in terms of the contract.
(iii)
The remittance is made directly to the account of the overseas supplier.
5.
The AD Category – I banks should also obtain a certificate as evidence of import
from the Chief Executive Officer (CEO) or auditor of the importer company that
the goods for which remittance was made have actually been imported and installed
at overseas sites.
6.
AD Category – I banks may bring the contents of this circular to the notice of
their constituents and customers concerned.
7.
The directions contained in this circular have been issued under Sections 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