Q2.
Explain FEMA and highlight the effect of FEMA on liberalisation.
Foreign Exchange
Management Act (FEMA), 1999
The foreign exchange
activities in India are governed by Foreign Exchange Management Act (FEMA),
1999. FEMA came into effect in JUNE 2000 and its provisions are available on
RBI’s website. FEMA replaced Foreign Exchange Regulation Act (FERA) which has
outlived the objective. It was originally enacted for the conservation of the
precious foreign exchange. The objectives of FEMA are:
· To promote external
trade through foreign exchange
· Orderly development
and maintenance of foreign exchange market in India
Some highlights of
FEMA
FEMA regulates Indian
foreign exchange market. It is applicable all over India and even to the
branches, offices and agencies located outside India, if it belongs to a
person who is a resident of India. Some highlights of FEMA are as follows:
· A non-authorised
person is prohibited from foreign exchange dealings.
· If any person
residing in India receives any Forex payment without a corresponding inward
remittance, then the concerned person is deemed to have received payment from
non-authorised person.
· There are seven
types of foreign accounts which are totally prohibited. They include
transactions relating to lotteries, football, banned magazines and others.
Any transactions relating to these are prohibited.
· Resident of India
(ROI) is entitled to own or hold or transfer any foreign security or
immovable property situated outside India as per the FEMA rules.
· Similar freedom is
given to a resident who inherits foreign security or immovable property from
a ROI.
· A ROI is permitted
to hold shares, securities and properties acquired by him when he was a
resident of inherited such properties from a resident.
· Certain prescribed
limits are substantially revised upwards like the basic travel quota has been
increased from the existing USD 3,000 to USD 5,000 per year.
Effect of
liberalisation
The liberalisation of
Indian investments in global financial market has increased the access to
commercial borrowings by Indian corporates and participation of foreign
investors in the stock market. The aim of FEMA is to simplify, consolidate
and amend the law related to foreign exchange and facilitate external trade
and payments. FEMA seeks to establish a more liberal and orderly regulatory
framework for economic growth. Some liberalisation measures of FEMA are:
· Current account
transaction such as foreign trade, current business, short-term banking
services, remittances for living expenses of parents, spouse and children
residing abroad ,expenses in education, foreign travel and medical care of
parents ,spouse and children has been liberalised.
· Capital account
transaction alters the assets or liabilities of persons resident in India,
assets or liabilities in India of persons residing outside India.
· Exports of goods and
services.
· Certain cases are
exempted from realisation and repatriation cases and they are as follows:
o Possession of
foreign currencies or coins up to a limit specified by RBI.
o Foreign currency
account held and operated by person or group of persons up to a limit
specified by RBI.
o Foreign exchange acquired
or received, or any income arising which is held outside India by any person
in pursuance of a general or special permission granted by the RBI
FEMA is more liberal
but conformed to postulates of justice and fairness. It is prerequisite for
promoting further economic liberalisation and growth. In this section we
discussed about FEMA and its objectives, buyer’s/supplier’s credit and the
effects of liberalisation.
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