DEVELOPMENT AND REGULATION OF FINANCIAL MARKETS
9.1 The maintenance of stable and orderly conditions in
financial markets assumed priority for the Reserve Bank in 2003-04. Taking
advantage of the headroom provided by the comfortable liquidity conditions, the
marked improvement in Central Government`s finances and somewhat muted demand
for bank`s non-food credit in the first half of the year, the Reserve Bank
carried forward the development of the money, debt and foreign exchange markets
over which it has direct regulatory jurisdiction. Satisfactory operation of
paperless and straight through settlement of transactions through the Negotiated
Dealing System (NDS)/Clearing Corporation of India Limited (CCIL) brought with
it significant gains for the functioning of markets. It facilitated speeding up
the process of phasing out non-banks from the call/notice money market and
simultaneous growth of a buoyant repo market outside the LAF. New modules in the
NDS-CCIL system were introduced leading to a switch to the Delivery
versus Payment (DvP) III mode in the Government securities market
from April 2, 2004. Measured liberalisation of external transactions was
undertaken with a view to adding depth to the foreign exchange market and
freeing outflows by resident corporates and individuals. Sensitising market
participants to the risks embedded in sudden shifts in market conditions in
accordance with global developments remained a concurrent priority.
9.2 Against this backdrop, this Section presents regulatory and
developmental aspects of the functioning of the money, debt and foreign exchange
markets in 2003-04. In the money market, the focus of the review is on
upgradation of the technological infrastructure and various initiatives taken to
improve activity including in the emerging segments. The major initiatives in
the Government securities market relate to introduction of new instruments and
the functional autonomy accorded to market participants. The review of the
foreign exchange market underscores the significant liberalisation granted to
all classes of participants with a view to deepening the market, while
simultaneously improving transparency in an overall move away from micro
management of transactions to macro management of flows. Building and upgrading
the technological wherewithal for markets is a recurring theme through this
Section.
MONEY MARKET
9.3 The Reserve Bank continued to foster balanced development
of different segments of the money market. The strategy for market development
was characterised by initiatives to introduce new instruments, reduce dependence
of participants on uncollateralised exposures, facilitate price discovery in the
short-end and upgrade the payment system infrastructure.
Call/Notice Money Market
9.4 The smooth operation of NDS/CCIL enabled progression in the
endeavour to develop the call segment as a pure inter-bank market. Exposures of
non-banks in the call/notice money market were brought down from 85 per cent of
their average daily lendings during 2000-01 to 75 per cent in June 2003, to 60
per cent in December 2003 and further to 45 per cent in June 2004 (Table 9.1). This
process was smoothened by the assurance of temporary reprieve from the phase-out
in case any non-bank institution faces any genuine difficulty in deploying
excess liquidity.
9.5 With effect from February 7, 2004, primary dealers (PDs)
were permitted to borrow up to 200 per cent of their net owned funds (NOFs), as
at end-March of the preceding financial year, on average, in a reporting
fortnight. Any PD facing genuine difficulty in adhering to the limit was
permitted to approach the Reserve Bank for extension of period of
compliance.
9.6 An endeavour of the Reserve Bank has been to improve
transparency in the call/notice money market. Effective the fortnight beginning
May 3, 2003, reporting of call/notice money market transactions on the NDS was
made mandatory, irrespective of whether executed on the NDS or outside and
whether the counterpar ty is a member of the NDS or not. Necessary changes in
the software and dissemination of data to NDS members was executed in July
2003.
9.7 The Reserve Bank had instituted prudential limits of
exposure to the call/notice money market for banks from October 2002 keeping in
view the potential risk of systemic instability arising out of defaults due to
large recourse to the uncollateralised money market segment. Rupee funds raised
under the Reciprocal
Table 9.1: Phasing out of Non-banks from
the Call/Notice Money Market |
|
|
Stages |
Time Table
Announced |
1 |
2 |
|
|
Stage I |
Effective May 5, 2001 non-bank institutions (i.e., financial
institutions, mutual funds and insurance companies) |
|
were allowed to lend up to 85 per cent of average daily call lendings
during 2000-01; corporates were |
|
allowed to route call transactions through primary dealers up to June
30, 2001. |
|
|
Stage II |
Effective June 14, 2003 the limit of non-bank lendings in the
call/notice money market was scaled down to 75 |
|
per cent of average daily call lendings during
2000-01. |
|
|
Stage III |
Access of non-banks to the call/notice money market was lowered to 60
per cent of average daily call lendings |
|
during 2000-01 effective December 27, 2003 and to 45 per cent with
effect from June 26, 2004. |
Line Facility were exempted from these limits. This exemption
was phased out from the fortnight beginning February 7, 2004.
Certificates of Deposit
9.8 Activity in the Certificates of Deposit (CDs) segment
picked up considerably after the issuance of guidelines by the Reserve Bank and
the SEBI on investments by banks and mutual funds in non-SLR debt securities,
the reduction in stamp duty on CDs effective March 1, 2004 and disallowance of
premature closure of CDs vis-à-vis alternative competing instruments such
as fixed deposits. These developments stimulated demand for investment in CDs by
mutual funds, particularly on account of improved funds positions. An
encouraging development in this area was rating of CDs by some banks even when
such rating is not mandatory under the existing guidelines.
Commercial Paper
9.9 Non-bank entities, including corporates, were allowed
during 2003-04 to offer unconditional and irrevocable guarantees for credit
enhancement to CP issuances so as to provide flexibility to both issuers and
investors. The issuer is required to fulfil the eligibility criteria prescribed
for issuance of CP with the guarantor requiring a credit rating of at least one
notch higher than that of the issuer from an approved credit rating agency. The
offer document for CP needs to disclose the net worth of the guarantor names of
the companies to which the guarantor has issued similar guarantees, the extent
of the guarantees offered and the conditions under which the guarantee will be
invoked. Banks were allowed to invest in CP guaranteed by non-bank entities,
provided their exposure remains within the regulatory ceiling for unsecured
exposures. Along with the reduction in stamp duty on CP, the recent guidelines
by the Reserve Bank on investments in non-SLR securities evinced keen interest
from mutual funds for investment in CPs vis-à-vis bonds and fixed
deposits.
Derivatives
9.10 The Reserve Bank allowed banks and
primary dealers to transact in exchange traded interest rate futures in June
2003 in order to make available a wide array of products for banks to hedge
their interest rate risk effectively. While PDs were allowed to hold trading as
well as hedging positions in Interest Rate Futures (IRFs), banks were allowed
only to hedge their underlying Government securities in 'available for sale'
(AFS) /'held for trading' (HFT) category portfolio through IRFs. The National
Stock Exchange (NSE) introduced futures on a notional 10-year Government
security, a 3-month Treasury Bill rate and a 10-year Government zero coupon in
June 2003. Activity in the IRF market has not, however, picked up as yet because
of valuation problems. Furthermore, the activity in the IRF market was subdued
as banks have been allowed only to hedge but not to trade. The Reserve Bank set
up an Internal Working Group on Derivatives in September 2003 which recommended,
inter alia, (i) a harmonisation of regulations between over-the-counter
(OTC) interest rate derivatives and exchange traded interest rate derivatives;
and (ii) permission to those banks to hold trading positions in IRF market which
have adequate internal risk management and control systems and a robust
operational framework. The SEBI revisited issues pertaining to introduction of
new futures contracts in consultation with the Fixed Income Money Market and
Derivatives Association of India (FIMMDA). On January 5, 2004 it permitted
trading of interest rate futures contract on an underlying 10-year
coupon-bearing notional bond which would be priced on the basis of the
yield-to-maturity (YTM) of a basket comprising bonds with maturity ranging from
9 to 11 years.
Collateralised Borrowing and Lending Obligation (CBLO)
9.11 Collateralised Borrowing and Lending Obligation (CBLO) was
operationalised as a money market instrument through the CCIL on January 20,
2003. With a view to developing the market for the CBLO, it was exempted from
CRR. Furthermore, securities lodged in the gilt accounts of the bank maintained
with the CCIL under the Constituent`s Subsidiary General Ledger (CSGL) facility
and remaining unencumbered at the end of any day can be reckoned for SLR
purposes. The wider usage of the instrument is expected to receive impetus from
the establishment of real time connectivity between the Public Debt Office (PDO)
of the Reserve Bank and the CCIL and value-free transfer of securities between
market participants and the CCIL.
Repo Market
9.12 The Reserve Bank has been making efforts to develop the
repo market, so as to provide a stable collateralised funding alternative with a
view to promoting smooth transformation of the call/notice money market into a
pure inter-bank market and for deepening the underlying Government securities
market. To broaden the repo market, the Reserve Bank enabled non-banking
financial companies, mutual funds, housing finance companies and insurance
companies not holding SGL accounts to undertake repo transactions with effect
from March 3, 2003. These entities were permitted to access the repo market
through their ‘gilt accounts’ maintained with the custodians. Necessary
precautions were built into the system to ensure ‘delivery versus
payment’ (DvP) and transparency, while restricting the repos to
Government securities only. Rollover of repo transactions in Gover nment secur
ities was facilitated with the enabling of DvP III mode of settlement in
Government securities which involves settlement of securities and funds on a net
basis, effective April 2, 2004. This provided significant flexibility to market
participants in managing their collateral.
GOVERNMENT SECURITIES MARKET
9.13 The Reserve Bank stepped up efforts to broaden and deepen
the Government securities market during 2003-04. Initiatives to promote
liquidity in the Government securities market took the form of relaxation of
restrictions relating to transactions in the Government securities, introduction
of new instruments such as interest rate derivatives to enable participants to
hedge market risk and initiation of stricter prudential regulation and
surveillance.
Diversification of Instruments
9.14 During 2003-04, the Reserve Bank continued to issue
Floating Rate Bonds (FRBs) as an instrument for hedging interest rate risk by
investors in the context of elongation of the maturity profile of Government
debt in the recent period. During 2003-04, FRBs were issued in three tranches
(May 20, August 8 and November 10, 2003) accounting for 16 per cent of the total
issuances of dated securities, excluding those issued by way of private
placements with the Reserve Bank. The interest rate on these bonds was
calculated by adding a fixed spread (determined in the auction) over a variable
base rate. With a view to simplifying the price discovery process in the
secondary segment of the Government securities market, the design of determining
the variable base rate of FRBs was modified with effect from the auction held on
May 19, 2003. In terms of the modified design, the base rate was set equal to
the average cut-off yield in the preceding three auctions (instead of six) of
364-day Treasury Bills with annual resetting instead of semi-annual. During
2004-05 (up to August 10, 2004), FRBs were issued in three tranches (May 7, July
2, and August 10, 2004) of Rs. 6,000 crore each accounting for 14.4 per cent of
budgeted issuances of dated securities.
9.15 Development of the Separate Trading for Registered
Interest and Principal of Securities (STRIPS) market received impetus from the
steps taken to realign the coupon payment dates with four identified dates so as
to create a critical mass for issue of coupon STRIPS. Accordingly, a new
security, viz., 6.01 per cent Government Stock 2028 was issued on August
8, 2003 with coupon dates of the new security aligned with the set of coupon
payment dates, viz., March 25 and September 25 as identified by the
Working Group on STRIPS. The enabling legal provisions for STRIPS will come into
effect with the passage of the Government Securities Bill.
9.16 Banks and PDs were permitted to undertake transactions in
exchange traded IRFs in June 2003. Operational guidelines were formulated to
enable participation of the entities regulated by the Reserve Bank (see Para 9.10 for
details).
Trading in Stock Exchanges
9.17 The country wide anonymous, screen-based and order-driven
trading in Government securities, which was introduced in stock exchanges (NSE,
BSE and OTCEI) in January 2003, continued to register low trading volumes during
2003-04. A Working Group on Screen Based Trading in Government Securities
(Chairman: Shri R. H. Patil) was constituted to examine the successful
operationalisation of screen-based trading in the NDS as well as the issue of
improving liquidity in Government securities trading in the exchanges. Following
its recommendations, an anonymous, screen-based, order matching trading system
is being incorporated in the NDS. The introductory demonstration was held on
August 11, 2004.
Public Debt Office – Negotiated Dealing System
9.18 The LAF module was operationalised on January 13, 2004 in
the Reserve Bank`s PDO-NDS. LAF auctions were announced by providing all
parameters such as issue, duration, type of auctions, opening and closing time.
Market participants submit bids within the cut-off time on the system. Members
facing genuine systems problems are permitted to submit physical bids. The
Treasury Bill auction module was operationalised on October 22, 2003 on the
PDO-NDS. The auction is announced and processed online in a straight through
process (STP) on the system. These two modules are being further fine tuned,
encompassing new features and feedback received from market participants.
Sale of Government Securities – New Dispensations
9.19 The Reserve Bank permitted market participants to sell
Government securities from April 2, 2004 against confirmed purchase contracts,
provided the previous purchase contracts were either guaranteed by the CCIL or
have the Reserve Bank as the counterparty. A sale transaction would be settled
either in the same settlement cycle as the preceding purchase contract or in a
subsequent settlement cycle so that the delivery obligation under the sale
contract is met from the securities acquired under the purchase contract. This
dispensation would not only reduce the market risk of participants but also
facilitate rollover of repos. It was operationalised by switching over to the
DvP III mode of settlement of Government securities transactions under
which securities are settled on a net basis (as against gross basis under the
DvP II mode).
Primary Dealers
9.20 The primar y dealer system has been introduced in a number
of countries with the objective of strengthening the securities market
infrastructure and bringing about improvement in the secondary market trading,
liquidity and turnover in Government securities as also for encouraging
voluntary holding amongst a wider investor base. The primary dealer system has
been in operation in India for the last eight years (Box IX.1).
9.21 There were 18 primary dealers (PDs) in operation in India
at the end of March 2004 (Table 9.2). Bidding
commitments in Treasury Bill auctions for all PDs taken together were fixed at
121.8 per cent of the issue amount indicated to be raised in 2003-04. Total bids
received at Rs. 99,279 crore amounted to 157.78 per cent of the total Treasury
Bill issues of Rs. 62,921 crore. For dated securities auctions, the bidding
commitments for all PDs taken together were originally fixed at Rs.1,31,000
crore. Subsequently, the bidding commitments were reduced to Rs. 98,200 crore
due to the reduction in the market borrowing programme of the Government. Actual
bids tendered by PDs at Rs.1,10,953 crore were 110.95 per cent of the amounts
notified. The success ratio was 66.6 per cent for Treasury Bills and 45.1 per
cent for dated securities in 2003-04 as against 62.6 per cent and 45.3 per cent,
respectively, in the previous year. PDs offered Rs.1,00,000 crore for
underwriting primary issues during the year, out of which bids for Rs.49,150
crore were accepted by the Reserve Bank. The share of total primary purchases by
the PDs was higher in 2003-04 at 67 per cent (for Treasury Bills) as against 65
per cent during 2002-03. For dated securities, PDs share was lower at 50.1 per
cent as against 63.0 per cent in 2002-03, reflecting a more aggressive interest
in the primary market by other investors. The share of turnover of PDs in
outright market for Government securities has declined in recent years,
reflecting increased participation by banks. The total bidding commitment (for
auctions other than those under the MSS) for the year 2004-05 for dated
securities for all PDs has been fixed at Rs. 1,20,300 crore (96.5 per cent of
the borrowing programme), while the same for Treasury Bills amounted to 122.6
per cent of the issue amount to be raised. The liquidity support limit under the
Standing Liquidity Facilities to all PDs was fixed at Rs. 3,000 crore,
i.e., at a lower level than for 2003-04.
Box IX.1
Primary Dealer System - A Cross-country Experience
Primary dealers are financial intermediaries that agree to
perform specific obligations or functions in the market for Government
securities in exchange for specific privileges. The objectives of the PD system
are to ensure that the Government`s financing needs and its obligations are met
at the lowest possible cost consistent with a prudent degree of rollover risk.
The obligations of PDs include (i) participating in the primary market in a
substantial and consistent manner; (ii) serving as a market maker in the
secondary market by providing two-way quotes; and (iii) providing market related
information to the public debt manager.
The system of PD was first established in the US in 1960. In
India, it was introduced in 1996. Some advanced countries such as Australia,
Germany and New Zealand have not yet established the PD system. According to the
IMF`s cross country survey in 2003, important prerequisites for establishing a
PD system include (i) a debt issuance strategy which provides a medium term
horizon of the investment; (ii) interest rate liberalisation in the Government
securities market to ensure efficient price discovery; (iii) an adequate number
of end investors; (iv) a diversified maturity spectrum in Government securities;
(v) policy impetus for developing the secondary market for the Government
securities without direct intervention; and (vi) a competitive market
environment (Table).
The IMF survey also brings out the crucial role played by the
supporting market segments (such as inter-bank and local capital markets) and
the infrastructure (such as book-entry system, DvP and bidding
technology). This supporting system is, however, still under-developed in many
countries. With electronic trading of securities and auctions, which effectively
expand investor base, the role of PDs in developed economies is losing
importance. PDs, however, continue to play a critical role where the fiscal
deficits and financing needs of the Government are large.
In India, the PD system has contributed to the development of a
deep and vibrant market for the Government securities. Several issues such as
granting the PDs limited exclusivity in the Treasury Bills auctions and
permitting them to invest in overseas sovereign bonds and setting of joint
ventures (JVs)/wholly owned subsidiaries (WOSs) abroad to enable them to
diversify their balance sheets are under examination.
Reference
1. Armone, M. and G. R. Iden (2003), 'Primary Dealers in
Government Securities: Policy Issues and Selected Countrie`s Experience', IMF
Working Paper No. 45.
Table : Features of PD System in
Various Countries |
|
|
|
|
|
|
|
Country |
Starting |
No.
of |
Open
Market |
Availability of |
Debt/GDP |
Periodicity of |
|
Date |
PDs |
Operations |
Liquidity of Stock |
ratio |
Review |
|
|
|
|
Facilities with the |
(Per
cent) |
|
|
|
|
|
Central Bank |
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
|
|
|
|
|
Argentina |
1996 |
12 |
Yes |
|
30 |
Annually |
Brazil |
1974 |
22 |
Yes |
|
40 |
Semi-annually |
Canada |
1998 |
12 |
Yes |
Yes |
70 |
Bi-annually |
France |
1987 |
18 |
|
|
30 |
Every 2 years |
Hungary |
1996 |
13 |
|
|
70 |
Semi-annually |
India |
1996 |
17 |
Yes |
Yes |
50 |
Annually |
Italy |
1994 |
16 |
|
|
120 |
Every 2 years |
Korea |
1997 |
26 |
|
|
10 |
Annually |
Mexico |
2000 |
5 |
|
Yes |
20 |
Semi-annually |
Singapore |
1987 |
11 |
Yes |
Yes |
90 |
Semi-annually |
Thailand |
2000 |
9 |
Yes |
|
60 |
Annually |
UK |
1986 |
17 |
|
|
40 |
Semi-annually |
US |
1960 |
25 |
Yes |
Yes |
50 |
Semi-annually |
Source: Armone and Iden
(2003). |
9.22 The Reserve Bank issued operational guidelines to PDs to
undertake portfolio management service (PMS) for entities other than those
regulated by the Reserve Bank subject to (a) prior approval of the Reserve Bank,
(b) receipt of certificate of registration from the SEBI and (c) compliance with
the operational guidelines issued by the Reserve Bank. PDs were allowed to deal
in IRFs on notional bonds and Treasury Bills both for hedging and for holding
trading positions. The prudential guidelines
Table 9.2: Select
Indicators of Primary Dealers |
|
|
|
|
(Rs. crore) |
|
|
|
|
|
Item |
March 2004 |
March 2003 |
March 2002 |
March 2001 |
1 |
2 |
3 |
4 |
5 |
Number of PDs |
18 |
18 |
18 |
15 |
Total capital (NOF) |
5,972 @ |
5,055 |
4,371 |
3,184 |
Total assets |
18,360 @ |
17,378 |
15,305 |
14,772 |
of which: Government securities
(G-Secs) |
16,108 @ |
14,573 |
12,217 |
10,401 |
G-Secs as percentage of total
assets |
88 @ |
84 |
80 |
70 |
PD system turnover (outright) |
8,10,250 |
7,32,143 |
6,52,127 |
3,16,915 |
Market turnover (outright) |
32,30,790 |
27,55,482 |
24,23,933 |
11,44,291 |
PD turnover as percentage of outright market
turnover |
25.1 |
26.7 |
26.9 |
27.7 |
Liquidity Support Limits |
4,500 |
4,500 |
6,000 |
6,000 |
Normal # |
|
3,000 |
4,000 |
|
Backstop # |
|
1,500 |
2,000 |
|
CRAR (per cent) |
41.6 |
29.7 |
38.4 |
40.9 |
NOF : Net Owned Fund. |
|
|
|
|
@ : Unaudited.
# : Normal and backstop facilities, which were introduced on May 5,
2001, were combined effective March 29, 2004
Note : Turnover data pertain to the financial
year. |
on investments by PDs in non-Government
securities in both primary and secondary segments were also prescribed in March
2004. Investments in unrated non-Government securities were prohibited, while
investment in unlisted non-Government securities was allowed up to 10 per cent
of their total non-Government securities portfolio. Prudential guidelines on
dividend payout were issued in June 2004. The dividend payout ratio was linked
to CRAR and a ceiling on individual payout ratio was fixed.
9.23 The periodical supervisory returns being submitted by PDs
were rationalised and simplified. A new quarterly return (PDR-IV) on certain
balance sheet and profit and loss (P&L) indicators was introduced from the
quarter ended March 31, 2004. Revised 'capital adequacy standards and risk
management guidelines' for PDs were issued in January 2004. In terms of the
guidelines, the minimum holding period for Value at Risk (VaR) was reduced from
30 days to 15 days. This is expected to reduce capital charge for market risk
and enable PDs to hold higher portfolios. The reporting of capital adequacy was
standardised. Some off-balance sheet items (such as underwriting commitments),
which were not included earlier, were reckoned for risk weighted assets. Besides
off-site supervision through structured returns, the Reserve Bank also conducts
on-site inspection of PDs. During the year, the inspection of 15 PDs was
undertaken.
9.24 The CCIL, which offers clearing and settlement facilities for
inter-institutional Government securities transactions and inter-bank foreign
exchange transactions, has been recognised as a Systemically Important Payment
System (SIPS). The CCIL`s turnover in the Government securities segment
increased by 63.0 per cent to Rs. 25,18,323 crore in 2003-04. The caps placed by
the Reserve Bank on call money borrowings by banks and PDs, the increased
activity in the repo market segment and the general upswing in the securities
market boosted the CCIL’s turnover.
FOREIGN EXCHANGE MARKET
9.25 A number of measures were undertaken during the year to
deepen the foreign exchange market and impart flexibility to market
participants. The focus was on providing an enabling environment for all
entities to engage in foreign exchange transactions. A host of new measures were
introduced to further deepen the foreign exchange market (Box IX.2).
Liberalisation of foreign exchange transactions was extended to residents,
non-residents and corporates. The thrust of liberalisation was on greater
transparency, data monitoring and information dissemination and a regulatory
shift from micro management of foreign exchange transactions to macro management
of foreign exchange flows. Reflecting this, the Exchange Control Department
(ECD) of the Reserve Bank was renamed as the Foreign Exchange Department (FED)
effective January 31, 2004. Simultaneously, procedural formalities are being
minimised to avoid paper work and to reduce compliance burden, while ensuring
that Know-Your-Customer (KYC) guidelines are in place.
Box IX.2
Initiatives for Developing the Foreign Exchange Market in
2003-04
Forward Contracts - Residents
• Residents were allowed to book forward contracts and
participate in hedging instruments for managing risk in the foreign exchange
market. Authorised Dealers (ADs) were allowed to offer foreign currency-rupee
options on a back-to-back basis or run an option book as per specified terms and
conditions.
• Residents were permitted to book forward contracts for
hedging transactions denominated in foreign currency but settled in rupees.
• Resident entities were also allowed to hedge their overseas
direct investment exposure against exchange risk.
• The eligible limit for booking of forward contracts by
exporters/importers was increased to 50 per cent (from 25 per cent earlier) of
the average of the previous three financial year`s actual import/export turnover
or the previous year`s turnover, whichever is higher, (from only average of past
three year`s turnover earlier) without any limit (US $ 100 million, earlier).
Importers/exporters desirous of availing limits higher than the overall ceiling
of 50 per cent were allowed to approach the Reserve Bank for permission.
• ADs were permitted to enter into forward/option contracts
with residents who wish to hedge their overseas direct investment in equity and
debt. These contracts could be completed by delivery or rollover up to the
extent of market value on the due date.
Forward Contracts -Non-residents
• Non-residents were permitted to enter into forward sale
contracts with ADs in India to hedge the currency risk arising out of their
proposed FDI in India.
• Holders of FCNR(B) accounts were permitted to book
cross-currency forward contracts to convert the balances in one currency into
another currency in which FCNR(B) deposits are permitted.
• FIIs were permitted to trade in exchange traded derivative
contracts approved by the SEBI subject to the limits prescribed by it.
• NRIs were allowed to invest in exchange traded derivative
contracts approved by the SEBI out of rupee funds held in India on a
non-repatriable basis.
9.26 A significant policy change in 2003-04 was derecognition
of the overseas corporate bodies (OCBs) in India as an eligible class of
investor under various routes/schemes available under the Foreign Exchange
Management Act (FEMA). OCBs were not allowed to undertake (i) fresh investments
under FDI schemes; (ii) purchase of shares/conver tible debentures; (iii)
purchase of Government dated securities or Treasury Bills or units of domestic
mutual funds; (iv) lending in foreign currency to residents; and (v) to open and
maintain non-resident deposit accounts.
Capital Account Liberalisation
9.27 Capital account transactions were further liberalised
during 2003-04. Relaxations were allowed for overseas investments and
remittances abroad by banks, corporates, resident and non-resident individuals.
Policy initiatives to improve the inflows of foreign direct investment, foreign
portfolio investment and external commercial borrowings were also carried
forward during the year.
Facilities for Resident Individuals
9.28 Resident individuals were allowed to remit up to US $
25,000 freely per calendar year for any permitted purposes under the current and
the capital account. Under this scheme, resident individuals were permitted to
acquire and hold immovable property or shares/portfolio investment or any other
asset outside India without prior approval of the Reserve Bank. They were also
allowed to open, maintain and hold foreign currency accounts with a bank outside
India for making remittances without prior approval of the Reserve Bank.
Resident beneficiaries were permitted to open and credit the proceeds of
insurance claims/ maturity/surrender value settled in foreign currency to their
resident foreign currency (RFC) domestic accounts.
9.29 Indian students studying abroad were made eligible for all
facilities available to non-resident Indians (NRIs) under the Foreign Exchange
Management Act (FEMA). They would, however, continue to avail of educational and
other loans as residents in India. The limit for foreign exchange remittance by
resident individuals for current account purposes other than import without
documentation formalities was raised to US $ 5,000 from US $ 500.
9.30 ADs were permitted to allow remittances for (i) securing
insurance for personal health from a company abroad; (ii) covering expenses by
artists while touring abroad; (iii) commission to agents abroad towards sale of
residential flats/commercial plots in India up to US $ 25,000 or five per cent
of the inward remittance per transaction, whichever is higher; (iv) short term
credit to overseas offices of the Indian companies; (v) advertisements on
foreign television channels; (vi) royalty up to five per cent of local sale and
eight per cent of exports and lump sum payment not exceeding US $ 2 million; and
(vii) use and/or purchase of trademark/franchise in India.
9.31 The limit for release of foreign exchange for employment
abroad, emigration, maintenance of close relatives abroad and education abroad
was increased to US $ 1,00,000 on the basis of self declaration. The limit for
release of foreign exchange for medical treatment abroad without estimate from a
hospital/doctor was increased to US $ 1,00,000 from US $ 50,000. The limit for
remittance towards consultancy services from outside India was raised to US $
one million per project from US $ 1,00,000. Resident individuals were permitted
to take interest free loans from close relatives residing outside India up to US
$ 250,000 with a minimum maturity period of one year.
9.32 Resident individuals maintaining foreign currency accounts
with ADs in India or banks abroad were allowed to obtain International Credit
Cards (ICCs) issued by overseas banks and other reputed agencies. While no
monetary ceiling was fixed by the Reserve Bank for remittance under ICCs, the
applicable limit is the credit limit fixed by the card issuing banks. Diplomatic
missions, diplomatic personnel and non-diplomatic staff of foreign embassies
were allowed to maintain foreign currency deposit accounts in India.
9.33 Remittance of the net salary of a citizen of India on
deputation to the office or branch of an overseas company in India was allowed
for the maintenance of close relatives residing abroad.
9.34 Balances in the exchange earners’ foreign currency (EEFC)
and resident foreign currency (domestic) [RFC(D)] accounts were allowed to be
credited to non-resident (external) (NRE) rupee/ foreign currency non-resident
(banks) [FCNR(B)] accounts at the option of the account holders consequent upon
change of residential status (to nonresident).
Facilities for Corporates
9.35 Steps were taken to encourage outflows that would enhance
the strategic presence of Indian corporates overseas. They were allowed to
invest in overseas joint ventures (JVs)/wholly owned subsidiaries (WOSs) up to
100 per cent of their net worth. This facility was also extended to partnership
firms. Resident corporates and registered partnership firms were allowed to
undertake agricultural activities overseas, including purchase of land
incidental to this activity, either directly or through their overseas offices,
i.e., other than through JVs/ WOSs, within the overall limit available
for investment overseas under the automatic route. This would enable Indian
companies to take advantage of global opportunities and also to acquire
technological and other skills for adaptation in India. The automatic route for
overseas investment was widened to cover investment overseas through special
purpose vehicles (SPVs) and by way of share swaps with requisite approval
processes.
9.36 Foreign banks operating in India were permitted to remit
net profits/surplus (net of tax) arising out of their Indian operations to their
head offices on a quarterly basis without prior approval of the Reserve Bank.
Corporates were permitted to issue equity shares against lump sum fees, royalty
and outstanding external commercial borrowings (ECBs) in convertible foreign
currency. General permission was granted to foreign entities for setting up
project offices in India. These project offices were permitted to open foreign
currency accounts with the Reserve Bank`s approval. Permission was also granted
to foreign companies to establish branch offices/units in special economic zones
(SEZs) to undertake manufacturing and service activities subject to certain
conditions.
9.37 Keeping in view the comfortable foreign exchange reserves
and the prevailing strength of India`s external sector, a comprehensive review
of the guidelines for ECBs led to significant liberalisation. The revised ECB
guidelines allowed (i) corporates to access ECBs for undertaking investment
activity in India and for overseas direct investment in JVs/WOSs, and (ii)
borrowings under the approval route by financial institutions dealing
exclusively with infrastructure or export finance and also by banks and
financial institutions which had participated in the textile or steel sector
restructuring package. The maximum amount of ECB that can be raised by Indian
corporates under the automatic route was enhanced to US $ 500 million in a
financial year with minimum average maturity of three years for loans up to US $
20 million and minimum average maturity of five years for loans above US $ 20
million. Initiatives were taken for bringing about transparency in policy
implementation and data dissemination with respect to ECBs.
9.38 Indian companies were permitted to grant rupee loans to
their employees who are NRIs or persons of Indian origin (PIO) for personal
purposes, including purchase of housing property in India.
Facilities for Exporters and Importers
9.39 The remittance of premium made by exporters for overseas
insurance of exports of sea-food and other perishable food/food products against
rejection by importers was permitted. ADs were allowed to grant permission to
expor ters for opening/hiring of warehouses abroad initially for one year and
renewal thereof. Units in domestic tariff areas (DTAs) were allowed to make
payment in foreign currency towards goods supplied to them by units in SEZs.
Project/ service exporters were allowed to pay their Indian suppliers/ service
providers in foreign currency from their foreign currency accounts maintained in
India for execution of such projects. Realisation of export proceeds up to 360
days from the date of shipment was allowed for export of books on a consignment
basis.
9.40 The limit on export of goods by way of gifts was increased
from Rs. 1 lakh to Rs. 5 lakh per annum. With effect from April 1, 2004
submission of declaration in form GR/SDF/ PP/SOFTEX in respect of expor t of
goods and software of value not exceeding US $ 25,000 or its equivalent was
waived.
9.41 The limit for submission of documentary evidence of all
impor ts made into India was enhanced from US $ 25,000 to US $ 1,00,000. For
select importers, the limit for accepting exchange control (EC) copy of bill of
entr y for impor t remittances was enhanced from US $ 1,00,000 to US $ one
million, subject to certain conditions.
9.42 Credits for imports up to US $ 20 million per transaction
with a maturity period beyond one year and up to three years were permitted only
for import of capital goods. Limits for direct receipt of import bills/documents
by non-corporate importers were raised to US $ 100,000 or its equivalent.
9.43 Exporters with good track record, including those in small
and medium sectors, have been made eligible for issue of Gold Card to ensure
easy availability of export credit. The salient features of the Gold Card scheme
include better terms of credit than those extended to other exporters by banks,
faster and simpler processing of applications for credit, sanction of 'in
principle' limits for a period of three years with the provision of timely
renewal and preference for grant of packing credit in foreign currency. The Gold
Card holders will also be considered for issuance of foreign currency credit
cards for meeting urgent payment obligations on the basis of their track record
of timely realisation of export bills.
Facilities for Overseas Investments
9.44 Listed Indian companies were permitted to disinvest their
investment in JVs/WOSs abroad even in cases where such disinvestment may result
in a write-off of the capital invested to the extent of 10 per cent of the
previous year`s export realisation. Firms in India registered under the Indian
Partnership Act, 1932 and with a good track record were permitted to make direct
investments outside India in an entity engaged in any bona fide business
activity under the automatic route up to 100 per cent of their net worth.
9.45 Multilateral institutions such as International Finance
Corporation (IFC) and Asian Development Bank (ADB), which can float rupee bonds
in India, were permitted to purchase Government dated securities.
Facilities for Non-resident Indians (NRIs) and Persons of Indian Origin
(PIO)
9.46 Non-resident shareholders were allowed to apply for issue
of additional equity shares or preference shares or convertible debentures over
and above their rights entitlements. Allotment is subject to the condition that
the overall issue of shares to non-residents in the total paid-up capital of the
company does not exceed the sectoral cap.
9.47 NRIs were permitted to invest in exchange traded
derivative contracts approved by the SEBI out of rupee funds held in India on a
non-repatriable basis, subject to the limits prescribed by the SEBI. Foreign
Embassies /Diplomats/Consulate Generals were allowed to purchase/sell immovable
property in India other than agriculture land/plantation property/farm
houses.
9.48 ADs were permitted to grant rupee loans to NRIs. Earlier,
housing loans availed by NRIs/PIO could be repaid by borrowers either by way of
inward remittances through normal banking channels or by debit to
NRE/FCNR(B)/NRO/NRNR/ NRSR accounts or out of rental incomes derived from the
property. In May 2004, borrower`s close relatives in India were allowed to repay
the instalment of such loans, interest and other charges directly to the
concerned ADs/ housing finance institutions through their bank accounts.
Foreign Exchange Clearing
9.49 An important element in the infrastructure for the
efficient functioning of the foreign exchange market has been the clearing and
settlement of inter-bank US dollar-rupee transactions. The CCIL offers a
multilateral netting mechanism through a process of novation for inter-bank spot
and forward US dollar-rupee transactions. The live operations of foreign
exchange clearing, which commenced from November 12, 2002 have been
satisfactory. Effective February 2004, the CCIL began to settle cash and T+1
settlement trades in addition to spot and forward trades. The CCIL also launched
its foreign exchange trading platform, i.e., FX-CLEAR on August 7, 2003.
During the period between April 2003 and June 2004, 8,97,352 trades amounting to
over US $ 727 billion were settled by the CCIL.
Outlook
9.50 The Reserve Bank would continue to calibrate the process
of building various segments of the financial market with overall macroeconomic
developments with a view to improving allocative efficiency and ensuring
financial stability. In the near term, the reintroduction of Capital Indexed
Bonds (CIBs) with modified features would improve the width of the Government
securities market. Harmonisation of the regulatory prescriptions for OTC and
exchange traded interest rate derivatives with clearing arrangements through the
CCIL is under consideration. Enhancements in hardware and software systems and
functionalities including introduction of anonymous, screen-based and order
matching in the NDS are also underway. The operationalisation of the RTGS would
bring speed and efficiency to financial transactions. The ongoing upgradation of
the CCIL-NDS and the other elements of technological infrastructure,
introduction of new instruments, the sequenced process of developing the
call/notice money market into a pure inter-bank market, the concurrent
development of other market segments and the gathering pace of exchange and
payments liberalisation are all expected to deepen financial markets and ensure
stability and vibrancy.