Updated Master Direction on FEMA Compounding Incorporates 2024 Rules

Notification No.: RBI/FED/2025-26/135 (FED Master Direction No. 04/2025-26)

Document Date: April 22, 2025 (Updated as on April 24, 2025)

Applicable Act/Rule: Foreign Exchange Management Act, 1999

Applicable Section/Rule: Sections 13, 15, and 11 of FEMA, 1999

Background and Rationale:

Reserve Bank of India (RBI) has revised the Master Direction on Compounding of Contraventions under FEMA, 1999 to align with the new Foreign Exchange (Compounding Proceedings) Rules, 2024 issued by the Central Government on September 12, 2024 (G.S.R. 566(E)). These rules supersede the Foreign Exchange (Compounding Proceedings) Rules, 2000. The updated direction seeks to streamline procedures, ensure regulatory clarity, and bring procedural consistency in dealing with FEMA contraventions.

Detailed Comparison of Provisions:

Provision

Earlier Position (till May 24, 2022)

Revised Position (from April 22, 2025)

Governing Rules

Foreign Exchange (Compounding Proceedings) Rules, 2000

Replaced by Foreign Exchange (Compounding Proceedings) Rules, 2024

Scope of Compounding

All contraventions under Section 13 of FEMA, except those under Section 3(a)

Same scope retained, reaffirmed in line with new rules

 

Amendments and Their Implementation:

  • Consolidation of Guidance: All instructions and clarifications on compounding are compiled into a single Master Direction for ease of reference.
  • Legal Update Incorporated: Reflects the replacement of 2000 rules by the 2024 rules to maintain legal alignment.
  • Expanded Emphasis on Compliance: Reiterates RBI’s powers under Section 11(2) and 11(3), reinforcing AD banks’ responsibility to prevent contraventions and adhere to reporting obligations.
  • Effective Immediately: This Master Direction is in force from April 22, 2025, and supersedes the earlier Master Direction updated on May 24, 2022.

 

Implications and Future Prospects:

This update marks a significant shift towards modernising the foreign exchange compliance framework in India. RBI’s reaffirmation of its authority under Sections 11 and 15 ensures that regulated entities adopt preventive mechanisms rather than reactive corrections. Going forward, banks and businesses should anticipate greater scrutiny of compliance systems, and possibly, increased use of technology in submission and processing of compounding applications.

All Authorised Dealer Category – I and other Authorised Banks are mandated to disseminate the updated Master Direction to their constituents and review internal systems accordingly.

Conclusion:

The 2025 revision of the Master Direction reflects RBI’s commitment to legal clarity, consistency, and stronger enforcement under FEMA. By integrating the latest compounding rules, RBI has simplified compliance while simultaneously reinforcing institutional responsibility and regulatory oversight.

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