HomeCirculars › RBI/2004-05/230

RBI Notifies FEMA Amendments on Foreign Investments and Derivatives

No longer current — replaced by Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026
Source: Reserve Bank of India · RBI/2004-05/230 · issued 20 Oct 2004 · ~1 min read
Quick answerRBI has notified two FEMA amendments: one updates foreign investment regulations (FEMA 122/2004-RB), and the other expands derivative contract eligibility to include entities permitted by RBI, beyond just export-import traders.

What changed

RBI issued FEMA Notification No. 122/2004-RB amending regulations on transfer or issue of securities by persons resident outside India, effective from the date of gazette notification. Separately, FEMA Notification No. 105/2003-RB amended derivative contract regulations to allow entities 'as permitted by the Reserve Bank' to engage in foreign exchange derivative contracts, in addition to those engaged in export-import trade.

What it means for you

Banks must update their compliance frameworks to reflect the expanded scope for derivative contracts, which now includes entities specifically permitted by RBI beyond traditional export-import traders. The foreign investment amendment may require banks to revise their procedures for handling securities issued to non-residents, ensuring alignment with the updated FEMA regulations.

Historical instruction — do not use for current compliance. This is what was required at the time; it no longer reflects current RBI requirements. If no replacement rule is linked above, that only means none is recorded on our register yet — it does not prove no later applicable rule exists. Confirm on the official RBI source below.

What banks were required to do at the time

Who it affects

Authorised Dealer Banks, Entities engaged in export-import trade, Non-resident investors and issuers of securities, Customers dealing in foreign exchange derivatives

❓ Common questions

Regulatory timeline

Built from our lineage records — each fact carries its provenance; missing history simply is not shown (never guessed).

What does the amendment to derivative contract regulations mean for my bank?

It expands the pool of eligible counterparties for foreign exchange derivative contracts to include entities specifically permitted by RBI, not just those in export-import trade. Your bank must verify eligibility and update onboarding procedures.

When did these amendments come into effect?

The derivative amendment (FEMA 105/2003-RB) came into force on November 11, 2003, and the foreign investment amendment (FEMA 122/2004-RB) on September 21, 2004, as per their respective gazette notifications.

📜 This document’s life story (1 recorded event, each backed by RBI’s own words)
Superseded by Foreign Exchange Management (Non-Debt Instruments) (Third Amendment) Rules, 2026
📜 Read the original circular — full text as issued by RBI
Notifications - Reserve Bank of India Skip to main content Selected Selected Change Language हिंदी Search the Website Search Home About Us ▼ About Us Organisation & Functions ▶ Organisation Structure Departments Offices Training Establishment ▶ College of Agricultural Banking Reserve Bank Staff College College of Supervisors RBI's Functions and Working Governors Deputy Governors Executive Directors Communication Policy of RBI Sources of Information ▶ Annual Publications Half-yearly Publications Quarterly Publications Monthly Publications Weekly Publications Occasional Publications SDDS NSDP Data Releases Publications available on Subscription General Information RBI History Museum ▶ The RBI Museum RBI Monetary Museum Notification ▼ Notifications Master Directions Master Circulars Amendment Directions Draft Notifications/Guidelines ▶ Draft Notifications/Guidelines Draft Directions (RE-wise) Index To RBI Circulars Standalone Circulars Circulars Withdrawn Press Releases Speeches & Media Interactions ▼ Speeches Media Interactions Memorial Lectures Podcasts Publications ▼ Biennial Annual Half-Yearly Quarterly Bi-monthly Monthly Weekly Occasional Reports Working Papers Legal Framework ▼ Act Rules Regulations Schemes Research ▼ External Research Schemes RBI Occasional Papers Working Papers RBI Bulletin History DRG Studies KLEMS State Statistics and Finances Statistics ▼ Data Releases Database on Indian Economy Public Debt Statistics Regulatory Reporting ▼ List of Returns Data Definition Validation rules/ Taxonomy List of RBI Reporting Portals FAQs of RBI Reporting Portals Home Notifications Notifications ( 21 kb ) Foreign Exchange Management Act, 1999 - Amendments - A.P.(DIR Series) Circular No. 19 RBI/2004-05/230 A.P.(DIR Series) Circular No. 19 October 20, 2004 To All Banks Authorised to Deal in Foreign Exchange Madam/ Sirs, Foreign Exchange Management Act, 1999 - Amendments Attention of Authorised Dealer Banks is invited to the A.P.(DIR Series) circular No.11 dated September 13, 2004 , wherein it was mentioned that necessary amendment/s to the Foreign Exchange Management Regulations, 2000 were being issued separately. The relevant amendment Notification issued by Reserve Bank and notified by the Government in the Official Gazette, as indicated below is enclosed. Sr. No. Details of the Circular FEMA Notification No. and date Subject No./date/subject G.S.R. No. 1. A.P. (DIR Series) Circular 11/13.9.2004 Foreign Investments in India FEMA.No.122/2004-RB dated 30.8.2004 Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fourth Amendment) Regulations, 2004 625(E) 21.9.2004 2. A reference is also invited to Annex I, item 11 of Master Circular No.2/2004-05 on Risk Management and Inter-Bank Dealings, dated July 1, 2004, indicating Notification No.FEMA.105/2000-RB dated October 21, 2003, a copy of which is enclosed. 3. Authorised Dealer Banks may bring the contents of this circular to the notice of their constituents and customers concerned. 4. The direction contained in this circular has been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions / approvals, if any, required under any other law. Yours faithfully, Grace Koshie Chief General Manager The Gazette of India EXTRAORDINARY PART II - Section 3 - Sub-section (i) PUBLISHED BY AUTHORITY ================================================================ No.551 NEW DELHI, TUESDAY, NOVEMBER 11, 2003 ================================================================ MINISTRY OF FINANCE (Department of Economic Affairs) (RESERVE BANK OF INDIA) (Exchange Control Department) (Central Office) NOTIFICATION Mumbai, the 21 st October 2003 No.FEMA.105/2003-RB Foreign Exchange Management (Foreign exchange derivative contracts) (Fourth Amendment) Regulations, 2003 G.S.R.881(E)--In exercise of the powers conferred by clause (h) of sub-section (2) of Section 47 of the Foreign Exchange Management Act, 1999 (Act 42 of 1999) and in partial modification of its Notification No.FEMA.25/RB-2000 dated May 3, 2000, the Reserve Bank of India makes the following amendment in the Foreign Exchange Management (Foreign exchange derivative contracts) Regulations, 2000, as amended from time to time, namely : 1. Short title and commencement (i) These Regulations may be called the Foreign Exchange Management (Foreign exchange derivative contracts) (Fourth Amendment) Regulations, 2003. (ii) They shall come into force from the date of their publication in the Official Gazette. 2. Amendment of the Regulations In the Foreign Exchange Management (Foreign exchange derivative contracts) Regulations, 2000, in Schedule III, in paragraph 1, after the words 'engaged in export-import trade' the words, 'or as permitted by the Reserve Bank', shall be added. [No.1/23/EC/2000-Vol.III] USHA THORAT, Executive Director The Gazette of India EXTRAORDINARY PART II - Section 3 - Sub-section (i) PUBLISHED BY AUTHORITY ================================================================ No.412 NEW DELHI, TUESDAY, SEPTEMBER 21, 2004 ================================================================ MINISTRY OF FINANCE (Department of Economic Affairs) (RESERVE BANK OF INDIA) (Foreign Exchange Department) (Central Office) NOTIFICATION Mumbai, the 30 th August 2004 No.FEMA.122/2004-RB Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fourth Amendment) Regulations, 2004 G.S.R.625(E).-- In exercise of the powers conferred by clause (b) of sub-section (3) of Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), and in partial modification of its Notification No.FEMA.20/2000-RB dated 3 rd May 2000, the Reserve Bank of India makes the following amendments in the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000, as amended from time to time, namely :- Short Title and Commencement 1. (i) These Regulations may be called the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Fourth Amendment) Regulations, 2004. (2) They shall come into force on the 30 th day of August, 2004. Amendment of the Regulations 2. In the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000, A. Regulation 2(vii a) shall be substituted as under : 'NRI shall have the same meaning assigned to him under the Foreign Exchange Management (Deposit) Regulations, 2000.' B. In Regulation 5 in sub-regulation (1), the words 'or Sri Lanka' shall be deleted. [No.1/23/EM/2000-Vol.III] SHYAMALA GOPINATH, Executive Director Foot Note :- The Principal Regulations were published in the Official Gazette vide No. G.S.R.406(E), dated the 8 th May 2000 in Part II, Section 3, Sub-section (i) and subsequently amended as under :-- G.S.R.175(E) dated 13-3-2001 G.S.R.182(E) dated 14-3-2001 G.S.R.158(E) dated 2-3-2001 G.S.R.574(E) dated 19-8-2002 G.S.R.4(E) dated 2-1-2002 G.S.R.223(E) dated 18-3-2003 G.S.R.225(E) dated 18-3-2003 G.S.R.558(E) dated 22-7-2003 G.S.R.835(E) dated 23-10-2003 G.S.R.899(E) dated 22-11-2003 G.S.R.12(E) dated 7-1-2004 G.S.R.278(E) dated 23-4-2004 2026 All Months January February March April May June July August September October November December 2025 All Months January February March April May June July August September October November December 2024 All Months January February March April May June July August September October November December 2023 All Months January February March April May June July August September October November December 2022 All Months January February March April May June July August September October November December 2021 All Months January February March April May June July August September October November December 2020 All Months January February March April May June July August September October November December 2019 All Months January February March April May June July August September October November December 2018 All Months January February March April May June July August September October November December 2017 All Months January February March April May June July August September October November December Archives 2016 All Months January February March April May June July August September October November December 2015 All Months January February March April May June July August September October November December 2014 All Months January February March April May June July August September October November December 2013 All Months January February March April May June July August September October November December 2012 All Months January February March April May June July August September October November December 2011 All Months January February March April May June July August September October November December 2010 All Months January February March April May June July August September October November December 2009 All Months January February March April May June July August September October November December 2008 All Months January February March April May June July August September October November December 2007 All Months January February March April May June July August September October November December 2006 All Months January February March April May June July August September October November December 2005 All Months January February March April May June July August September October November December 2004 All Months January February March April May June July August September October November December 2003 All Months January February March April May June July August September October November December 2002 All Months January February March April May June July August September October November December 2001 All Months January February March April May June July August September October November December 2000 All Months January February March April May June July August September October November December 1999 All Months January February March April May June July August September October November December 1998 All Months January February March April May June July August September October November December 1997 All Months January February March April May June July August September October November December 1996 All Months January February March April May June July August September October November December 1995 All Months January February March April May June July August September October November December 1994 All Months January February March April May June July August September October November December 1993 All Months January February March April May June July August September October November December 1992 All Months January February March April May June July August September October November December 1991 All Months January February March April May June July August September October November December Top Back to previous page More Links : Bank Holidays Banking Glossary Citizen's Charter Complaints Contact Us COVID-19 Measures E-LMS Events FAQs Financial Education Forms IFSC/MICR Codes Important Websites Opportunities @ RBI RBI Clarifications RBI Kehta Hai RBI’s Vision and Values (1257 kb)--> Right to Information Act Tenders Follow RBI RSS Twitter YouTube Instagram Facebook LinkedIn © Reserve Bank of India. 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Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2004-05/230 · issued 20 Oct 2004. The plain-English explanation above is BankPulse’s own independent summary.
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