Foreign Exchange Management Act

The Foreign Exchange Management Act, 1999

An Act to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.
Citation	Act No. 42 of 1999
Enacted by	Parliament of India
Date enacted	29 December 2000
Repealing legislation
Foreign Exchange Regulation Act
Status: In force

The Foreign Exchange Management Act, 1999 (FEMA) is an Act of the Parliament of India "to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India".^[1] It was passed in the winter session of Parliament in 1999, replacing the Foreign Exchange Regulation Act (FERA). This act makes offences related to foreign exchange civil offenses. It extends to the whole of India.,^[2] replacing FERA, which had become incompatible with the pro-liberalisation policies of the Government of India. It enabled a new foreign exchange management regime consistent with the emerging framework of the World Trade Organisation (WTO). It also paved the way for the introduction of the Prevention of Money Laundering Act, 2002, which came into effect from 1 July 2005.

Description

Unlike other laws where everything is permitted unless specifically prohibited, under the Foreign Exchange Regulation Act (FERA) of 1973 (predecessor to FEMA) everything was prohibited unless specifically permitted. Hence the tenor and tone of the Act was very drastic. It required imprisonment even for minor offences. Under FERA, a person was presumed guilty unless he proved himself innocent, whereas under other laws a person is presumed innocent unless he is proven guilty.^[3]

FEMA is a regulatory mechanism that enables the Reserve Bank of India and the Central Government to pass regulations and rules relating to foreign exchange in tune with the Foreign Trade policy of India.

Switch from FERA

FERA, in place since 1974, did not succeed in restricting activities such as the expansion of Multinational Corporations. The concessions made to FERA in 1991-1993 showed that FERA was on the verge of becoming redundant. After the amendment of FERA in 1993, it was decided that the act would become the FEMA. This was done in order to relax the controls on foreign exchange in India, as a result of. FEMA served to make transactions for external trade and easier – transactions involving current account for external trade no longer required RBI’s permission. The deals in Foreign Exchange were to be ‘managed’ instead of ‘regulated’. The switch to FEMA shows the change on the part of the government in terms of for the capital.^[4]

Coca-Cola was India's leading soft drink until 1977 when it left India after a new government ordered the company to turn over its secret formula for Coca-Cola and dilute its stake in its Indian unit as required by the Foreign Exchange Regulation Act (FERA). In 1993, the company (along with PepsiCo) returned after the introduction of India's Liberalization policy.^[5]

FERA was repealed in 1998 by the government of Atal Bihari Vajpayee and replaced by the Foreign Exchange Management Act, which liberalised foreign exchange controls and restrictions on foreign investment.^[6]^[7]

The buying and selling of foreign currency and other debt instruments by businesses, individuals and governments happens in the foreign exchange market. Apart from being very competitive, this market is also the largest and most liquid market in the world as well as in India.It constantly undergoes changes and innovations, which can either be beneficial to a country or expose them to greater risks. The management of foreign exchange market becomes necessary in order to mitigate and avoid the risks. Central banks would work towards an orderly functioning of the transactions which can also develop their foreign exchange market. Foreign Exchange Market Whether under FERA or FEMA’s control, the need for the management of foreign exchange is important. It is necessary to keep adequate amount of foreign exchange from Import Substitution to Export Promotion.

Main Features

Activities such as payments made to any person outside India or receipts from them, along with the deals in foreign exchange and foreign security is restricted. It is FEMA that gives the central government the power to impose the restrictions.
Without general or specific permission of the MA restricts the transactions involving foreign exchange or foreign security and payments from outside the country to India – the transactions should be made only through an authorised person.
Deals in foreign exchange under the current account by an authorised person can be restricted by the Central Government, based on public interest generally.
Although selling or drawing of foreign exchange is done through an authorized person, the RBI is empowered by this Act to subject the capital account transactions to a number of restrictions.
Residents of India will be permitted to carry out transactions in foreign exchange, foreign security or to own or hold immovable property abroad if the currency, security or property was owned or acquired when he/she was living outside India, or when it was inherited by him/her from someone living outside India.

Regulations/Rules under FEMA

Foreign Exchange Management (Current Account Transactions) Rule, 2000
Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000
Foreign Exchange Management (Transfer or Issue of any Foreign Security) regulations, 2004
Foreign Exchange Management (Foreign currency accounts by a person resident in India)Regulations, 2000
Foreign Exchange Management (Acquisition and transfer of immovable property in India) regulations, 2000
Foreign Exchange Management (Establishment in India of branch or office or other place of business) regulations, 2000
Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2000
Foreign Exchange Management (Export of Goods and Services) regulations, 2000
Foreign Exchange Management (Realisation, repatriation and surrender of Foreign Exchange)regulations, 2000
Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2000
Foreign Exchange (g proceedings) rules, 2000

Related legislation

Foreign Contribution (regulation) Act, 2010

References

Notes

↑ "THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999" (PDF).
↑ "FEMA, 1999". Dept of Revenue, Govt of India. Archived from the original (PDF) on 9 September 2012. Retrieved 9 September 2012.
↑ AC Fernando. Business Environment. Pearson Education. p. 427.
↑ "Main Features of the Foreign Exchange Management Act (FEMA)". YourArticleLibrary.com: The Next Generation Library. Retrieved 2016-04-03.
↑ "FERA: The end of an era", India Today, 5 October 2013
↑ "The Crucial difference", The Economic Times, 27 November 2005
↑ "FERA: Businessman's POTA", India Today, 18 August 2003

External links

Indian Legislations

Constitution of India (amendments) Indian Penal Code CrPC

In Force

Corruption	Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers

Criminal	Armed Forces (Special Powers) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law (Amendment) Act, 2013 Juvenile Justice (Care and Protection of Children) Act, 2015 National Security Act (India) Protection of Women from Domestic Violence Act 2005 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Education	National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956

Environment	Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Protection of Plant Varieties and Farmers' Rights Act, 2001 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Wildlife Protection Act, 1972 CAMPA bill Air (Prevention and Control of Pollution) Act

Financial	The High Denomination Bank Notes (Demonetisation) Act, 1978 Aadhaar Act COFEPOSA Depositories Act Expenditure Tax Act, 1987 Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Income-tax Act, 1961 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Electricity Act Real Estate (Regulation and Development) Act, 2016 The Competition Act, 2002 Securities Laws (Amendment) Act, 2014 Street Vendors Act, 2014 Urban Land (Ceiling and Regulation) Act, 1976

Healthcare	Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985

Personal	Hindu Adoptions and Maintenance Act (1956) The Hindu Marriage Act, 1955 Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Muslim Women (Protection of Rights on Divorce) Act 1986

Social	Child Labour (Prohibition and Regulation) Act Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Indecent Representation of Women (Prohibition) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Societies' Registration Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Unorganised Workers' Social Security Act

State Laws	Anti-Superstition and Black Magic Act Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws (Amendment) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act

State Reorganisation	Chattisgarh Jharkhand Punjab States Telangana Uttarakhand

Terrorism	Unlawful Activities (Prevention) Act

Transportation	Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002

Organisation / Body	Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats (Extension to Scheduled Areas) Act 1996 Reserve Bank of India Act, 1934

Other	Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India (Prohibition of Improper Use) Act, 2005 The Foreigners Act, 1946

Repealed

Pre-Independence	Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows' Remarriage Act, 1856 Land Acquisition Act 1894 Official Secrets Act (India)

Post-Independence	Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants (Determination by Tribunal) Act, 1983 Interest Tax Act, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities (Prevention) Act The Gold (Control) Act, 1968 The Monopolies and Restrictive Trade Practices Act, 1969 Wealth Tax Act, 1957

Bills

Proposed	Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Taxation Laws (Second Amendment) Bill, 2016

Lapsed	Women's Reservation Bill

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