HomeCirculars › RBI/2013-14/447

Hong Kong & Macau entities now need RBI nod for India offices

Current · Source: Reserve Bank of India · RBI/2013-14/447 · issued 15 Jan 2014 · ~2 min read
Quick answerRBI has clarified that entities from Hong Kong and Macau now require prior RBI approval to set up liaison, branch, or project offices in India, extending the same restrictions that apply to citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran, and China.
The rule, in the simplest words
How it plays out — a real example

A forex & trade-finance officer in Indore receives an application from a Hong Kong-based trading company wanting to open a liaison office in Mumbai. Remembering the new rule, she immediately flags the application as requiring prior RBI approval and informs the customer that they must wait for RBI's clearance before proceeding.

What changed

RBI has extended the prior approval requirement for establishing liaison, branch, or project offices in India to entities registered in or resident of Hong Kong and Macau. Previously, this restriction applied only to citizens of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran, and China under FEMA regulations. The amendment has been formalized through Notification No. FEMA.293/2013-RB dated November 12, 2013.

What it means for you

Banks must now treat applications from Hong Kong and Macau entities for any office setup in India as requiring RBI approval, not just general permission. This tightens scrutiny on foreign investments and operations from these regions, impacting cross-border business facilitation. AD Category-I banks need to update their internal processes and customer advisories accordingly.

What you must do

Who it affects

AD Category-I banks, Entities registered in or resident of Hong Kong, Entities registered in or resident of Macau, Foreign entities seeking to establish offices in India

❓ Common questions

Does this circular apply to all types of offices from Hong Kong and Macau?

Yes, it covers liaison offices, branch offices, project offices, and any other place of business by whatever name called.

What is the effective date of this requirement?

The amendment regulations were notified on November 12, 2013, and this circular was issued on January 15, 2014, clarifying the applicability.

Are there any exceptions for entities from Hong Kong or Macau?

No exceptions are mentioned; all such entities require prior RBI approval, similar to restrictions for citizens of specified countries.

📜 Read the original circular — full text as issued by RBI
RBI/2013-14/447 A.P. (DIR Series) Circular No.93 January 15, 2014 To All Authorised Dealer Category - I Banks Madam / Dear Sir Clarification- Establishment of Liaison Office/ Branch Office/ Project Office in India by Foreign Entities- General Permission Attention of Authorised Dealer Category –I (AD Category – I) banks is invited to Regulation 4 of Notification No.FEMA.22/2000-RB dated May 3, 2000 , viz., Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000, as amended from time to time, in terms of which, no entity or person, being a citizen of Pakistan, Bangladesh, Sri Lanka, Afghanistan, Iran or China shall establish in India, a branch office or a liaison office or a project office or any other place of business by whatever name called, without the prior permission of the Reserve Bank. 2. It is clarified that the provisions of Regulation 4 of Notification No. FEMA 22/2000-RB dated 3rd May 2000, ibid, along with their specified conditions apply for entities from Hong Kong and Macau also. 3. Accordingly, applications from entities registered in / resident of Hong Kong and Macau, for establishment of Liaison/ Branch/ Project Offices or any other place of business by whatever name called shall require prior approval from Reserve Bank of India. 4. AD Category-I banks may bring the contents of this circular to the notice of their constituents and customers concerned. 5. Reserve Bank has since amended the subject Regulations accordingly through the Foreign Exchange Management (Establishment in India of Branch or Office or Other Place of Business) (Amendment) Regulations, 2013, which have been notified vide Notification No.FEMA.293/2013-RB dated November 12, 2013 , vide G.S.R.No.767(E) dated December 06, 2013. 6. The directions contained in this circular have been issued under sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 0f 1999) and are without prejudice to permission / approvals, if any, required under any other law. Yours faithfully, (C.D. Srinivasan) Chief General Manager
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2013-14/447 · issued 15 Jan 2014. The plain-English explanation above is BankPulse’s own independent summary.
🧰 Tools — save, print, templates & related
Who does what — compliance checklist
🏦 Branch Manager
  • Update internal guidelines to flag all applications from Hong Kong and Macau entities for liaison/branch/project offices as requiring prior RBI approval.
⚙️ Operations
  • Ensure no such office is permitted without explicit RBI clearance, and maintain records of all related applications.
💻 IT / Systems
  • Coordinate with RBI for any pending or new applications from these regions to avoid compliance gaps.
📜 Compliance
  • Inform existing and prospective customers from Hong Kong and Macau about the new approval requirement.
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 Branch Manager at a bank this circular applies to (AD Category-I banks, Entities registered in or resident of Hong Kong, Entities registered in or resident of Macau, Foreign entities seeking to establish offices in India), your first concrete step on “Hong Kong & Macau entities now need RBI nod for India offices” is: “Update internal guidelines to flag all applications from Hong Kong and Macau entities for liaison/branch/project offices as requiring prior RBI approval.” (RBI issued this 15 Jan 2014).

  1. Circular: RBI/2013-14/447 -- Hong Kong & Macau entities now need RBI nod for India offices
  2. Issued: 15 Jan 2014
  3. Action required: Update internal guidelines to flag all applications from Hong Kong and Macau entities for liaison/branch/project offices as requiring prior RBI approval.
  4. Action required: Inform existing and prospective customers from Hong Kong and Macau about the new approval requirement.
  5. Action required: Ensure no such office is permitted without explicit RBI clearance, and maintain records of all related applications.
  6. Action required: Coordinate with RBI for any pending or new applications from these regions to avoid compliance gaps.
  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.

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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=8693&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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