HomeCirculars › RBI/2008-09/210

ECB Policy: Mining, Exploration & Refining Now Infrastructure

Current · Source: Reserve Bank of India · RBI/2008-09/210 · issued 08 Oct 2008 · ~2 min read
Quick answerRBI has expanded the definition of 'Infrastructure sector' for ECB purposes to include mining, exploration, and refining. This means these sectors can now access ECB under the same automatic route limits and conditions as other infrastructure sectors, effective immediately.
The rule, in the simplest words
How it plays out — a real example

A forex & trade-finance officer in Mumbai receives an application from a mining company wanting to borrow $200 million from a foreign bank to buy new drilling machines. Because mining is now in the infrastructure sector, the officer processes the loan under the automatic route, just like a road or power project, without needing extra approvals.

What changed

The definition of 'Infrastructure sector' for External Commercial Borrowings (ECB) has been expanded to include mining, exploration, and refining, in addition to the existing seven categories (power, telecom, railways, roads, ports, industrial parks, urban infrastructure). This change is effective from October 8, 2008. All other ECB policy parameters—such as the USD 500 million automatic route limit, eligible borrowers, end-use norms, and maturity periods—remain unchanged.

What it means for you

Banks can now process ECB applications from mining, exploration, and refining companies under the same automatic route framework as other infrastructure borrowers. This opens up a new lending avenue for these sectors, which previously had to rely on more restrictive ECB norms. Lenders should update their internal ECB eligibility checklists and advise clients in these sectors about the expanded definition.

What you must do

Who it affects

Authorised Dealer Category-I banks, Companies in mining, exploration, and refining sectors, Corporate borrowers seeking ECB for infrastructure projects

❓ Common questions

Regulatory timeline

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

Which sectors are now included in the infrastructure definition for ECB?

The expanded definition includes power, telecom, railways, roads (including bridges), sea ports and airports, industrial parks, urban infrastructure (water supply, sanitation, sewage), and now mining, exploration, and refining.

Does this circular change any other ECB conditions like the borrowing limit or maturity?

No. All other ECB policy aspects—such as the USD 500 million per borrower per financial year automatic route limit, eligible borrower criteria, end-use norms, and average maturity period—remain unchanged.

When does this expanded definition take effect?

The expanded definition is effective immediately from the date of the circular, i.e., October 8, 2008.

📜 Read the original circular — full text as issued by RBI
RBI/2008-09/210 A.P. (DIR Series) Circular No. 20 October 08, 2008 To      All Category - I Authorised Dealer Banks  Madam / Sir, External Commercial Borrowings Policy - Liberalisation Attention of Authorised Dealer Category - I (AD Category - I) banks is invited to the A. P. (DIR Series) Circular No.5 dated August 1, 2005, A. P. (DIR Series) Circular No. 4 dated August 7, 2007 , A. P. (DIR Series) Circular No. 43 dated May 29, 2008 and A.P. (DIR Series) No. 16 dated September 22, 2008 relating to External Commercial Borrowings (ECB). 2. As per the extant ECB policy, Infrastructure sector is defined as (i) power, (ii) telecommunication, (iii) railways, (iv) road including bridges, (v) sea port and airport (vi) industrial parks and (vii) urban infrastructure (water supply, sanitation and sewage projects). 3. On a review of the ECB policy and to promote the development of the mining, exploration and refinery sectors in the country, it has been decided to expand the definition of Infrastructure sector for the purpose of availing of ECB.  Accordingly, the Infrastructure sector would henceforth be defined as (i) power, (ii) telecommunication, (iii) railways, (iv) road including bridges, (v) sea port and airport (vi) industrial parks (vii) urban infrastructure (water supply, sanitation and sewage projects) and (viii) mining, exploration and refining. 4. The expanded definition of Infrastructure sector for the purpose of ECB shall come into force with immediate effect.  All other aspects of the ECB policy such as USD 500 million limit per borrower, per financial year under the Automatic Route, eligible borrower, recognised lender, end-use of foreign currency expenditure for import of capital goods and overseas investments, average maturity period, prepayment, refinancing  of existing ECB and reporting arrangements shall remain unchanged. 5. Necessary amendments to the Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 dated May 3, 2000 are being notified separately. 6. AD Category - I banks may bring the contents of this circular to the notice of their constituents and customers concerned.   7. The directions contained in this circular have 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, Salim Gangadharan Chief General Manager-in-Charge
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2008-09/210 · issued 08 Oct 2008. The plain-English explanation above is BankPulse’s own independent summary.
🧰 Tools — save, print, templates & related
Who does what — compliance checklist
💻 IT / Systems
  • Ensure all ECB applications from these sectors are processed with the same due diligence as other infrastructure borrowers.
📜 Compliance
  • Update internal ECB policy documents to include mining, exploration, and refining under the infrastructure sector definition.
  • Inform corporate clients in mining, exploration, and refining sectors about their new eligibility for ECB under the automatic route.
  • Monitor any separate FEMA notification amending the relevant regulations and update compliance accordingly.
Grouped from the action items above — a single circular may involve more than one team.
Worked example & action-note template

Example: if you are a Compliance officer at a bank this circular applies to (Authorised Dealer Category-I banks, Companies in mining, exploration, and refining sectors, Corporate borrowers seeking ECB for infrastructure projects), your first concrete step on “ECB Policy: Mining, Exploration & Refining Now Infrastructure” is: “Update internal ECB policy documents to include mining, exploration, and refining under the infrastructure sector definition.” (RBI issued this 08 Oct 2008).

  1. Circular: RBI/2008-09/210 -- ECB Policy: Mining, Exploration & Refining Now Infrastructure
  2. Issued: 08 Oct 2008
  3. Action required: Update internal ECB policy documents to include mining, exploration, and refining under the infrastructure sector definition.
  4. Action required: Inform corporate clients in mining, exploration, and refining sectors about their new eligibility for ECB under the automatic route.
  5. Action required: Ensure all ECB applications from these sectors are processed with the same due diligence as other infrastructure borrowers.
  6. Action required: Monitor any separate FEMA notification amending the relevant regulations and update compliance accordingly.
  7. Owner: ____________ Target date: ____________
  8. Board/committee approval needed? Y / N
  9. Evidence filed in compliance register on: ____________
Built only from this circular’s own published fields — not legal advice; always confirm against the official RBI source.

💬 Banker Discussion

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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=4525&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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