Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) (Fifth Amendment) Regulations, 2025

Act Name/Rule Name: Foreign Exchange Management Act, 1999

Applicable Rule/Section: Regulation 5

Type of Document: Notification

Date: January 14, 2025

Circular No./Notification No.: FEMA 10(R)(5)/2025-RB

Heading/Title: Amendment to Foreign Currency Account Regulations for Exporters

The Foreign Exchange Management (Foreign Currency Accounts by a Person Resident in India) Regulations, 2015, govern the opening and operation of foreign currency accounts by residents. The Reserve Bank of India periodically amends these regulations to accommodate evolving trade practices and ensure regulatory compliance.

Details:

  1. New Sub-Regulation “CA” Introduced in Regulation 5:
    • Regulation 5 deals with Opening, holding and maintaining a Foreign Currency Account outside India.
    • Exporters can now open, hold, and maintain foreign currency accounts with banks outside India for managing export proceeds and advance remittances.
  2. Permitted Usage:
    • Funds in such accounts can be utilized for:
      • Payments for imports into India.
      • Repatriation into India within the stipulated timeline.
  3. Timeline for Repatriation:
    • Funds must be repatriated to India no later than the end of the following month after receipt, post adjustments for forward commitments.
  4. Compliance Requirements:
    • Realization and repatriation must adhere to Regulation 9 of the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015 that deals with Period within which export value of goods/software/ services to be realized.

Impact:
The amendment provides greater flexibility for exporters in managing foreign currency transactions, reduces operational delays, and aligns with international trade practices while maintaining regulatory oversight.

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