FEMA Compounding Rules 2024: New Guidelines for AD Banks

RBI/FED/2024-25/78 A.P. (DIR Series) Circular.No.17/2024-25 October 01, 2024 To, All Authorised Dealer Category – I banks and Authorised banks Madam / Sir, Directions - Compounding of Contraventions under FEMA, 1999 The provisions of section 15 of Foreign Exchange Management Act, 1999 (42 of 1999) [hereinafter referred to as ‘FEMA, 1999’], enable compounding of contraventions and, empowers the Reserve Bank to compound any contravention as defined under section 13 of the FEMA, 1999, except the contraventions under section 3 (a) of FEMA, 1999, on an application made by the person committing such contravention. Government of India vide Notification G.S.R. 566 (E). dated September 12, 2024, has notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 in supersession of the Foreign Exchange (Compounding Proceedings) Rules, 2000. 2. Accordingly, the Directions issued under earlier circulars have been reviewed and the list of earlier circulars superseded by this circular is given in Appendix . 3. Further, in terms of Section 11 (2) of FEMA, 1999, the Reserve Bank may, for the purpose of ensuring the compliance with the provisions of the Act or of any rule, regulation, notification, direction or order made thereunder, direct any authorized person to furnish such information, in such manner, as it deems fit. Authorised Dealers are therefore, advised to take necessary steps to ensure that checks and balances are incorporated in systems relating to dealing with and reporting of foreign exchange transactions so that contraventions of provisions of FEMA, 1999, attributable to the Authorised Dealers do not occur. In this connection, it is reiterated that in terms of Section 11(3) of FEMA, 1999, the Reserve Bank may impose on the authorized person a penalty for contravening any direction given by the Reserve Bank under this Act or failing to file any return as directed by the Reserve Bank. 4. All AD Category – I banks and Authorised banks may bring the guidelines contained in this circular to the notice of their constituents. Yours faithfully, (Dr. Aditya Gaiha) Chief General Manager in Charge Guidelines for compounding of contraventions under FEMA, 1999 INDEX

Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/FED/2024-25/78 · issued 01 Oct 2024. The plain-English explanation above is BankPulse’s own independent summary.

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