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FOREIGN EXCHANGE
MANAGEMENT ACT 1999
BY:
SAHANA HIREMATH
M.COM II SEM
FOREIGN EXCHANGE
• Foreign exchange is a mechanism by which
the currency of one country gets converted
into currency of another country
• The conversion of currencies is done by the
banks who deal in foreign exchange.
• These banks maintain stocks of foreign
currencies in the form of balances with
banks abroad.
BACKGROUND
Replaced FERA – Foreign Exchange
Regulation Act 1974
FERA had become incompatible with the
pro-liberalisation policies of the Govt. of
India
This was done in order to relax the controls
on foreign exchange in India, as a result of
economic liberalization.
FEMA (1999)
 The Foreign Exchange Management Act
(1999) or in short FEMA has been
introduced as a replacement for earlier
Foreign Exchange Regulation Act (FERA).
FEMA came into force on the 1st day of
June, 2000.
OBJECTIVE OF THE ACT
• Conservation & proper utilization of
foreign exchange resources of the country.
• Control certain aspects of the conduct of
business outside the country by Indian
companies and in India by foreign
companies
FEATURES OF THE ACT
• Non compliance with the regulation is
diluted. Its only of civil & no criminal
consequences.
• Nature of current account & capital account
transactions have been clearly defined.
• All the current account transactions can be
freely carried out.
• Definitions of residents & non residents
taken into account.
ADMINISTATIVE SET UP
• U/s 46 the central government has been
authorized to carry out provisions of the
act.
• Section 47 empowers RBI to make rules &
regulations to carry out provisions of the
act.
• Section 41 central government may from
time to time give directions to RBI.
• RBI has the ultimate power &
responsibility.
AUTHORISED PERSON
• "Authorized person" means an authorized
dealer, money changer, off-shore banking
unit or any other person for the time being
authorized under sub-section (1) of section
10 to deal in foreign exchange or foreign
securities;
duties OF AN AUTHORISED PERSON
• To comply with RBI directions
• Not to engage in un authorized transactions
• Ensure compliance of FEMA provisions
• To produce books, accounts etc…
• Has to obtain declaration from the
customers to ensure provisions of the act
are not violated
AUTHORISED dealers
• Authorised dealers are banks financial
institutions & other institutions
authorized by RBI.
• Category I A major portion of
transaction in foreign exchange from the
customers dealt by such banks.
• Category II purchase & sell foreign
exchange for private & business visits
abroad undertaken by residents.
• Category III They comprise of selected
financial & other institutions.
FOREIGN EXCHANGE DEALERS
ASSOCIATION OF INDIA
• FEDAI was established in 1958
• Authorised dealers of category I & II
currently numbering 89 are its members.
• HQ at Mumbai.
• Local offices at BENGALURU, CHENNAI
& NEW DELHI.
• Managed by managing committee at Head
Office.
AUTHORISED MONEY CHANGERS
• To provide facilities for encashment of
foreign currency for tourists etc. Certain
established firms, hotels & other
organizations have been permitted to deal in
foreign currency notes, coins & travellers’
cheques subject to directions issued to them
from time to time.
• a Full Fledged Money Changer is
authorized by RBI to under take both purchase
of foreign exchange & sale transactions with
the public for private & business visits abroad.
• A restricted money changer is
authorized only to purchase foreign currency
notes, coins & travellers’ cheques subject to
condition are surrendered by him to in turn to
an authorized dealer.
THANK U

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FEMA 1999

  • 1. FOREIGN EXCHANGE MANAGEMENT ACT 1999 BY: SAHANA HIREMATH M.COM II SEM
  • 2. FOREIGN EXCHANGE • Foreign exchange is a mechanism by which the currency of one country gets converted into currency of another country • The conversion of currencies is done by the banks who deal in foreign exchange. • These banks maintain stocks of foreign currencies in the form of balances with banks abroad.
  • 3.
  • 4. BACKGROUND Replaced FERA – Foreign Exchange Regulation Act 1974 FERA had become incompatible with the pro-liberalisation policies of the Govt. of India This was done in order to relax the controls on foreign exchange in India, as a result of economic liberalization.
  • 5. FEMA (1999)  The Foreign Exchange Management Act (1999) or in short FEMA has been introduced as a replacement for earlier Foreign Exchange Regulation Act (FERA). FEMA came into force on the 1st day of June, 2000.
  • 6. OBJECTIVE OF THE ACT • Conservation & proper utilization of foreign exchange resources of the country. • Control certain aspects of the conduct of business outside the country by Indian companies and in India by foreign companies
  • 7. FEATURES OF THE ACT • Non compliance with the regulation is diluted. Its only of civil & no criminal consequences. • Nature of current account & capital account transactions have been clearly defined. • All the current account transactions can be freely carried out. • Definitions of residents & non residents taken into account.
  • 8. ADMINISTATIVE SET UP • U/s 46 the central government has been authorized to carry out provisions of the act. • Section 47 empowers RBI to make rules & regulations to carry out provisions of the act. • Section 41 central government may from time to time give directions to RBI. • RBI has the ultimate power & responsibility.
  • 9. AUTHORISED PERSON • "Authorized person" means an authorized dealer, money changer, off-shore banking unit or any other person for the time being authorized under sub-section (1) of section 10 to deal in foreign exchange or foreign securities;
  • 10. duties OF AN AUTHORISED PERSON • To comply with RBI directions • Not to engage in un authorized transactions • Ensure compliance of FEMA provisions • To produce books, accounts etc… • Has to obtain declaration from the customers to ensure provisions of the act are not violated
  • 11. AUTHORISED dealers • Authorised dealers are banks financial institutions & other institutions authorized by RBI. • Category I A major portion of transaction in foreign exchange from the customers dealt by such banks. • Category II purchase & sell foreign exchange for private & business visits abroad undertaken by residents.
  • 12. • Category III They comprise of selected financial & other institutions.
  • 13. FOREIGN EXCHANGE DEALERS ASSOCIATION OF INDIA • FEDAI was established in 1958 • Authorised dealers of category I & II currently numbering 89 are its members. • HQ at Mumbai. • Local offices at BENGALURU, CHENNAI & NEW DELHI. • Managed by managing committee at Head Office.
  • 14. AUTHORISED MONEY CHANGERS • To provide facilities for encashment of foreign currency for tourists etc. Certain established firms, hotels & other organizations have been permitted to deal in foreign currency notes, coins & travellers’ cheques subject to directions issued to them from time to time.
  • 15. • a Full Fledged Money Changer is authorized by RBI to under take both purchase of foreign exchange & sale transactions with the public for private & business visits abroad. • A restricted money changer is authorized only to purchase foreign currency notes, coins & travellers’ cheques subject to condition are surrendered by him to in turn to an authorized dealer.
  • 16.