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    ForeWordVolume 1 Volume 2 Volume 3 Volume 4 Volume 5 Volume 6

    CHAPTER 2

    Foreign Exchange Operations

    RUPEE ACCOUNTS OF NON-RESIDENTS OTHER THAN BANKS

    SECTION A

    Residential Status:

    In terms of Section 2 (v) of FEMA 1999 "a Person resident in India means"

    a person residing in India for more than one hundred and eighty two days during the

    course of the preceding financial year but does not include-

    (A)a person who has gone out of India or who stays outside India, in either case-

    a)for taking up employment outside India, or

    b)for carrying on a business or vocation outside India, or other purpose, in such

    circumstances as would indicate his intention to stay outside India for an uncertain

    period;

    (B)a person who has come to or stay in India, in either case, otherwise than-

    a.for or on taking up employment in India, or

    b.for carrying on a business or vocation in India, or

    c.for any other purpose, in such circumstances as would indicate his intention to stay

    in India for an uncertain period;

    i.any person or body corporate registered or incorporated in India

    ii.an office, branch or agency in India owned or controlled by a person resident

    outside India

    iii.an office, branch or agency outside India owned or controlled by a person resident

    in India

    DEFINITION OF NRI

    In terms of Section 2 (w) of FEMA " Person resident outside India" means a person

    who is not resident in India. Person includes an individual, a Hindu undivided family, a

    company, a firm, an association of persons or a body of individuals whether

    incorporated or not.

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    1.An Indian Citizen who stays abroad for employment/carrying on business or vocation

    outside India or stays abroad under circumstances indicating an intention for an

    uncertain duration of stay abroad is a non-resident. Persons going abroad for studies

    are treated as Non-Resident Indians (NRIs) and are eligible for all the facilities availableto NRIs. Educational and other loans availed of by them as residents in India will

    continue to be available as per FEMA regulations.

    1.1.Persons posted in U.N.Organisations and officials deputed abroad by

    Central/State Government and Public Sector undertakings on temporary assignments

    are also treated as non-residents.

    1.2.Non-resident foreign citizens of Indian Origin are treated on par with non-

    resident Indian for opening and maintaining accounts and for making investment.

    Person of Indian Origin means a citizen of any country other than Bangladesh or

    Pakistan, if

    a)he at any time held Indian passport;

    or

    b)he or either of his parents or any of his grand- parents was a citizen of India by

    virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955);

    or

    c)the person is a spouse of an Indian citizen or a person referred to in sub-clause ( a )

    or (b);

    1.3.Overseas Corporate Bodies (OCBs) have been derecognized as an eligible class

    of investor under various routes/schemes available under extant Foreign Exchange

    Management Regulations.

    1.4.In case of doubts/clarifications regarding the NRI status of individuals

    approaching branches to open accounts, branches should take up with D & A Section,

    Foreign Exchange Department, Central Office. Further, FAQ on various entitlements of

    NRI/PIO published in the website of the Reserve Bank is also made available in thehome page of our TREASURY (FOREIGN) and branches may refer to the same.

    ACCOUNTS OF CERTAIN NON-RESIDENTS TREATED AS RESIDENT ACCOUNTS:

    2.Although the under noted categories of persons, firms, companies, etc., are treated

    as resident outside India under FEMA, their rupee accounts with ADs in India are

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    regarded as resident accounts and hence branches may open such accounts and allow

    free operation of accounts, provided the requirements under FEMA 1999 are complied

    with.

    (i)Indians, Nepalese or Bhutanese resident in Nepal or Bhutan.

    (ii)Offices and branches situated in Nepal or Bhutan of any business carried on by a

    company or a Corporation incorporated or established under any Law in force in India,

    Nepal or Bhutan.

    (iii)Offices and branches in Nepal or Bhutan of any business carried on as a

    partnership firm or otherwise by Indians, Nepalese or Bhutanese.

    3.For opening accounts in the names of Pakistani and Bangladesh nationals, branches

    should obtain prior approval of Reserve Bank of India and the approval details should

    be recorded in the relative account opening forms and Ledger/Register folios/ system

    records.

    4.All the Indian branches of our Bank can open and maintain the following categories

    of Rupee Accounts in the names of Non-Resident Indians (NRIs) and Person of Indian

    Origin.

    i)Ordinary Non-Resident Rupee Accounts (NRO Accounts)

    ii)Non-Resident (External) Rupee Accounts (NRE Accounts)

    A comparative chart containing the salient features and conditions governing

    credit/debit transactions of the above four types of accounts are furnished as

    Annexure-I. Before opening accounts under these schemes, branches should ensure

    that the applicants satisfy the criteria laid down for the residential status under FEMA

    1999.

    5.Branches should be guided by instructions contained in the following while opening

    and allowing operations in non-resident rupee accounts:

    i)Foreign Exchange Management (Deposit) Regulations, 2000 issued under FEMA

    1999 and Notification No. FEMA 5 /2000-RB dated 3rd May 2000 .

    ii) Master circulars and AP (DIR) Circulars issued by Reserve Bank of India

    iii) Circulars issued by Central Office.

    http://172.16.0.5/BOI2011/After_Convert_Html%20(Vol%203)/CHAP-2%20-NRI%20OTH%20THAN%20BKS.html#annex1http://172.16.0.5/BOI2011/After_Convert_Html%20(Vol%203)/CHAP-2%20-NRI%20OTH%20THAN%20BKS.html#annex1http://172.16.0.5/BOI2011/After_Convert_Html%20(Vol%203)/CHAP-2%20-NRI%20OTH%20THAN%20BKS.html#annex1
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    (Regulations governing maintenance of and operations on non-resident rupee accounts

    by authorised Co-operative/Commercial banks have been given separately by Reserve

    Bank of India in Memorandum ABM).

    6.OPENING OF ACCOUNTS IN THE NAMES OF NRIs:

    6.1.Any Non-Resident of Indian Origin or Nationality who desires to open account

    with the branch, may send the prescribed application duly completed and signed -

    verified by his/her Bank/Indian Embassy/Notary Public/our Banks Account holder along

    with remittance to the branch.

    6.2.Alternatively, photocopies of passport giving passport number, signature,

    photographs and date of issue/expiry date of passport may be sent by the prospective

    account holder.

    6.3.Branches are permitted to open NRE accounts for Indians before proceeding

    abroad with zero balance in the account after verifying Passport, Visa and Air ticket for

    the journey and give them the Account Number.

    6.4.Branches opening rupee accounts in the names of minors, joint accounts should

    ensure observance of the usual precautions for opening of accounts, issue of pass

    book/statement of accounts, issue and despatch of cheque books, operation of

    accounts, standing instructions, etc. In this connection, attention of branches is invited

    to Chapter 1 (on Constituents Accounts - General) of Volume I of Book of Instructions.

    6.5.Branches should choose the correct type of non-resident account in the CBS

    package, for different categories of non-resident accounts opened/maintained by

    them.

    6.6.Details such as names of NRIs, their nationality, Indian contact address,

    overseas address, passport particulars, name and address of the introducer/identifying

    overseas bank/branch, operational/payment instructions like E or S, F or S, A or S,nominations etc., should be recorded in the account master in CBS packages

    authenticated properly by the authorised official.

    6.7Branch should send the deposit receipt through registered post to the NRI

    depositor at the address given in the application/account opening form. The deposit

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    receipt should not be handed over to agents/middlemen/third parties. The branch

    should ensure that complete postal address of the NRI depositor has been furnished in

    the account opening form and should exercise special care, if the address is

    incomplete or only post box number has been furnished.

    6.8.The Account opening forms, specimen signature cards, should be properly filed,

    preserved and produced for verification by our Internal Inspectors/Reserve Bank of

    India Inspectors/External Auditors when required.

    6.9.In terms of Policy Document on KYC-AML, Nonresident customers are placed

    under RIP Three (high risk) category in the Risk Perception Matrix. Hence branches

    should apply due diligence with the available information provided by the customer

    and the estimation arrived on the additional information gathered through interaction

    with the customer. Suitable STTL (Single Transaction Threshold Limit)may be

    fixed as applicable to the risk level.

    REMITTANCES:

    7.1.Branches handling inward remittances received for opening/credit to non-

    resident accounts and outward remittances made to the debit of non-resident accounts

    should ensure that the remittances received/made are in conformity with the

    permitted methods prescribed under FEMA 1999.

    7.2.Branches should ensure that each inward remittance is promptly acknowledged

    to the NRI and relative credit is made to the account without delay, observing

    procedural guidelines for handling inward remittances. Similarly, the requests for

    foreign outward remittances should be promptly attended to by branches.

    7.3. NAD branches opening/maintaining accounts should note to handle purchase

    transactions under prior report to the designated AD branch. For sale of foreign

    exchange on account of NRI customers, the NAD branch should take up with the

    designated AD branch, which will arrange for release of exchange in the form of draft,

    mail transfer, telegraphic transfer, foreign currency TCs/Notes, etc. In this connection,branches are advised to ensure compliance of procedural aspects contained in

    relevant chapters of this volume.

    7.4. While handling foreign currency notes/coins on account of NRIs, branches

    should be guided by the general instructions regarding purchase/encashment of

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    foreign currency notes contained in Chapter on Foreign Travels of the volume.

    7.5.The purchase/sale transactions (in foreign exchange) in opening/maintaining

    non-resident accounts in the names of NRIs by both AD branches and NAD branchesshall be reported to TREASURY (FOREIGN) only by AD branches, in accordance with the

    procedure laid down for such reporting. (Refer Chapter 1 of this volume).

    7.6. Branches should properly record and promptly execute the various

    standing/special instructions of NRIs for local disbursements under advice to account

    holders. While executing the instructions of the customers, branches should ensure

    that debits/credits made to these accounts are permitted debits/credits under FEMA

    1999.

    LOANS AND OVERDRAFTS

    8.1.1.Branches granting loans/overdrafts to NRIs against the security of NRO/NRE

    deposits should ensure compliance of guidelines contained in Notification No. FEMA

    5/2000-RB dated 3rd May 2000 read with subsequent amendments and Volume II of

    Book of Instructions as well as circulars issued by Central Office, regarding maximum

    amount of loan, interest rate, margin, purpose etc.

    8.1.2.Advances against FCNR/NRE deposit to the depositor himself or to a third

    party should be granted up to a maximum of Rs.100.00 lacs only, only under his

    specific request/mandate and after verifying the authenticity of the signature of the

    depositor. If the NRI availing the loan is on a visit to India, the loan documentation

    could be completed at the branch, where he proposes to avail of the facility. If the NRI

    seeks to avail of loan from the branch in India, when he is abroad, the loan document

    (60 H) should be sent to the NRI abroad with a request to execute the documents at an

    Overseas Branch or at the branch office of the Correspondent of our Bank and arrange

    to forward the documents along with the deposit receipt (carrying the undated

    discharge of the depositor/s) through the overseas branch/office of the correspondent

    bank where the documents were executed. A copy of the passport of NRI should also

    be called for along with the application and discharged deposit receipt.

    8.1.3.The covering letter of the overseas branch/Correspondent bank forwarding the

    documents should confirm that the depositor had called on them and executed the

    documents in their presence. On receipt of documents, branch can affix and effectively

    cancel the revenue stamp on the reverse of deposit receipt where the undated

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    discharge of the depositor/s appears and proceed to grant the loan. The proceeds of

    loans so granted could be credited to the NRO account only of the NRI availing the

    loan. Under no circumstances, the loan proceeds should be credited to NRE/FCNR

    accounts of NRIs or repatriated abroad.

    8.2.1.Branches have to propose to their Regional Office for sanction of loan against

    NRE deposits to third parties.

    8.2.2.Branches should not grant advances to third parties against NRE/FCNR B

    deposits on the basis of Power of Attorney.

    8.2.3.In case of any loan / overdraft availed by a resident and who subsequently

    became a person resident outside India, in terms of Reserve Bank guidelines under

    FEMA 1999, it is left to the discretion and commercial judgement of the authorised

    dealer / branch to allow continuance of such facilities. In such cases, payment of

    interest and repayment of loan may be made by inward remittance or out of legitimate

    resources in India of the person concerned. As per Reserve Bank guidelines, authorised

    dealers at their discretion / commercial judgement, are permitted to allow overdrawing

    in NRE SB account for a period not more than two weeks, up to a limit of Rs.50,000

    subject to the condition that such overdrawing together with the interest payable

    thereon are cleared/repaid within the said period of two weeks, out of inward

    remittance through normal banking channels or by transfer of funds from other

    NRE/FCNR accounts. However, branches should be guided by our Banks discretionary

    powers for various branches communicated from time to time, before considering such

    requests from their NRI customers.

    8.3.Branches should note that the loan/overdraft facilities granted to NRIs in India

    against the security of NRO/NRE/FCNR B deposits could be adjusted

    (a)by foreign inward remittance, or

    (b)from the proceeds of deposits held as security, or

    (c)to the debit of the NRO/NRE account of the borrower.

    When a loan granted to a NRI against the security of his/her NRE/FCNR deposit is

    adjusted out of the rupee resources held in NRO account, branches should note to

    recover interest as laid down by Central Office in Interest Rate on Advances circulars.

    8.4At the time of sanctioning credit facility against the NRE/FCNR deposits, branch

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    should necessarily obtain instructions from the depositor, well before the due date, for

    adjustment/roll over of the facility on the due date. Branch should send deposit

    maturity notice along with details of the facility outstanding and the instructions

    already in place. If any change in instructions is given by the depositor, branch shouldtake note of the same. As any interest rate movement/exchange rate movement will

    result in complaints from customers, branches should take adequate care on this issue

    9.BLOCKED ACCOUNTS

    9.1.The Reserve Bank of India has powers to block accounts in India of any person,

    whether an individual, firm or company resident outside India and to direct that

    payment of any sums due to that person shall be made to such blocked account. A

    blocked account means an account opened as a blocked account at any branch or

    office in India of a bank authorised in this behalf by Reserve Bank of India. No blocked

    account may be opened by a branch or an existing free account blocked, except

    under directions of Reserve Bank of India. No blocked account should be un blocked by

    a branch except under specific direction from Reserve Bank of India.

    9.2.The Reserve Bank of India will issue special directions regarding operations on

    individual blocked accounts at the time of authorising opening of such blocked

    accounts.

    9.3.Submission of STAT 2 return to the Reserve Bank for blocked accounts has been

    dispensed with.

    Annexures:

    I Comparative chart showing the salient features of NRO and NRE deposit schemes.

    II Account Opening Form for NRE Account.

    ANNEXURE I

    RUPEE ACCOUNT OF NON-RESIDENTS OTHER THAN BANKS

    NON-RESIDENT (ORDINARY) NRONON-RESIDENT (EXTERNAL) NRE

    1.WHO CAN OPEN:

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    Any person resident outside India

    (other than a person resident in Nepal

    and Bhutan) (Opening of accounts of

    individuals / entities of Pakistan /

    Bangladesh nationality / ownership as

    well as erstwhile OCBs require prior

    approval of Reserve Bank of India).

    Non-Resident individuals of Indian

    Nationality or origin (Opening of NRE

    accounts in the names of Pakistani /

    Bangladeshi individuals / entities require

    prior approval of Reserve Bank of India).

    2. SOURCE OF FUNDS :

    Proceeds of remittances received in

    any permitted currency from abroad or

    any permitted currency tendered by

    the account holder during his

    temporary visit to India or transfers

    from rupee accounts of Non-Resident

    Banks.

    Legitimate dues in rupees of account

    holder in India.

    Transfer from NRE/FCNR accounts.

    Designating existing account as NRO,

    of a person proceeding abroad (other

    than Nepal or Bhutan) which would

    give him the status of a NRI.

    Remittances received from abroad in an

    approved manner in freely convertible

    currency, Transfer from NRE/FCNR

    accounts.

    Accounts may be opened in the name of

    any eligible NRI during his temporary visit

    to India against tender of foreign currency,

    TCs issued in his own name or notes and

    coins tendered provided the branch is

    satisfied that the status of the person

    continues to be a non-resident.

    Branches should ensure that TCs and

    currency notes tendered by the account

    holder have in fact been brought by himfrom abroad and not acquired locally.

    Transfers from NRO account to NRE account

    are permitted subject to the ceiling of

    USD 1 millionalready available for

    repatriation from NRO accounts

    3. TYPE OF DEPOSIT:

    SB, CD, Term Deposit SB, CD, Term Deposit

    4. GL CODE :

    Same as ordinary deposit.

    SB NRE 1301

    CD NRE 1501

    NRE TD (S) 1101

    TD NRE (L) 1151

    5. PERIOD OF DEPOSIT :

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    TD - 15 days to 120 months TD 12 months to less than 60 months

    6. INTEREST :

    SB & TDAs applicable to domestic

    deposits.

    SB - 3.5 % p.a.

    TD-BASED ON LIBOR

    Depending on period of deposit

    (For current rates refer circular issued by

    Central Office). No additional interest is

    payable on deposit accounts of staff

    members.

    7. JOINT ACCOUNT :

    Allowed with resident.

    - Joint NRE accounts in the names of two or

    more non-resident individuals is permitted

    provided all the account holders are

    persons of Indian Nationality or Origin. If the

    spouse of an NRI is a foreign national, the

    status of such a person will be that of a

    Person of Indian Origin. However, such

    persons are permitted to have only joint

    bank accounts along with the spouse.

    Residents can also be joint account holders

    in NRE accounts on a former or survivor

    basis.

    8. REPATRIATION :

    Not repatriable except for the following

    in the account 1) Current income.

    2) Up to USD 1 million per financial

    year for any bonafide purpose out of

    the balances in NRO account/sale

    proceeds of assets in India acquired by

    way of inheritance/ legacy inclusive of

    assets acquired out of settlement

    subject to certain conditions.

    Freely repatriable.

    9. NOMINATION :

    Nominee can be a person resident in

    India or a person resident outside

    India. In the case of Non-resident

    nominee, the amount entitled to him

    Nominee can be a person resident in India

    or a person resident outside India. In the

    case of Non-resident nominee, authorised

    dealers are allowed to remit funds lying in

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    from the account(s)/deposit(s) of a

    deceased person will be credited to his

    NRO account and the repatriation will

    be subject to the overall ceiling of USD

    1 million per financial year, subject to

    taxes.

    the account of the deceased account

    holder.

    10. TAX :

    Tax at the rate of 30 % on the interest

    income is to be deducted at source and

    remitted to Government. If the Non-

    Resident is from any of the countries

    with whom Double Taxation Avoidance

    Agreement is entered into, the

    applicable rate will be deducted.

    Income from interest on monies standing

    to the credit of NRE accounts is exempt

    from Income Tax. Balances held in the

    accounts are exempt from Wealth Tax. Gifts

    made to close relatives in India from out of

    balances in such accounts are also free

    from Gift Tax. (These Tax exemptions are

    available only in respect of NRE accounts

    maintained by NRIs and any fresh directive

    issued will prevail)

    11. PREMATURE CLOSURE :

    If the deposit is up to Rs. 5 lakhs,

    applicable interest for the period run

    prevailing on the date of deposit is

    payable without foreclosure charges.

    1% less than the rate applicable for theperiod the deposit has run prevailing

    on the date of deposit, additional

    interest for bulk deposits of Rs.15 lakhs

    and above, is not payable on

    foreclosure.

    In case of an overdue deposit renewed

    with overdue interest, is closed

    prematurely before completing the

    minimum period for which suchdeposits are accepted from the date of

    renewal, no interest is payable on the

    renewed deposit and the interest paid

    for the overdue period should also be

    recovered.

    1% less than the applicable interest for the

    period the deposit remained with the bank

    prevailing on the date of deposit. Additional

    interest, if any, payable on bulk deposit ofRs.15 lakhs and above is not payable.

    If an overdue deposit renewed with interest

    payment for the overdue period, is closed

    prematurely before completing the

    minimum period for which such deposits are

    accepted from the date of renewal, no

    interest is payable on the deposit and the

    interest already paid for the overdue period

    should also be recovered.

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    12. RENEWAL OF DEPOSIT :

    Can be done as per Rules as applicable

    to domestic deposits.

    Renewal of deposit can be done as longas

    the depositors status is NRI. Renewal must

    be made within 14 days from the due date

    to get retrospective effect and must be

    renewed for the minimum period

    prescribed. If the overdue period is less

    than one year, the interest rate for one year

    prevailing on date of maturity or renewal,

    whichever is lower, is to be applied.

    13. CHANGE OF STATUS :

    NRO accounts should be redesignated

    as resident accounts on the return of

    account holder to India, provided the

    branch is satisfied that the account

    holder has returned to India for taking

    up employment, business or vocation

    or for any other purpose indicating his

    intention to stay in India for an

    uncertain period. Where the account

    holder is on a temporary visit to India,

    the account should continue to be

    treated as Non-resident even duringsuch visits.

    NRE accounts should be redesignated as

    resident rupee accounts or as RFC accounts

    (if eligible) at the option of account holder

    immediately upon the return of account

    holder to India provided the branch is

    satisfied that he has returned to India for

    taking up employment or for carrying on a

    business or vocation or for any other

    purpose with an intention of residing in

    India for an uncertain period.

    Where the account holder is only on a short

    visit to India, the account may continue tobe treated as NRE account even during his

    stay in this country.

    In respect of funds held in fixed deposits in

    NRE accounts, interest will be payable at

    the rate originally fixed, provided the

    deposit is held for the full term even after

    conversion into resident account.

    14. OPERATIONS IN THE

    ACCOUNT :Branches may allow transactions in

    NRO accounts complying with

    instructions contained in FEMA

    Notification No. FEMA 5/2000-RB dated

    3rd May 2000.

    At the time of opening of the accounts,

    14. OPERATIONS IN THE ACCOUNT :

    Branches may allow transactions in NREaccounts complying with instructions

    contained in FEMA Notification No. FEMA

    5/2000-RB dated 3rd May 2000.

    At the time of opening of the accounts, the

    account holders should give an undertaking

    that in cases of debits to the accounts for

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    the account holders should give an

    undertaking that in cases of debits to

    the accounts for the purpose of

    investment in India and credits

    representing sale proceeds of

    investments, they would ensure that

    such investments/ disinvestments

    would be covered by the general or

    special permission of Reserve Bank of

    India.

    Credits: Proceeds of remittances in

    any permitted currency from outside

    India through normal banking channels

    or any permitted currency tendered bythe account holder during his

    temporary visit to India or transfers

    from rupee accounts of non-resident

    banks. Other legitimate dues in India of

    the account holder.

    Debits: All local payments in rupees

    including payments for investments

    subject to compliance with the relevant

    regulations made by the Reserve Bank

    and remittance outside India of current

    income in India of the account holder

    net of applicable tax.

    A resident can be authorised by the

    NRI by way of Power of Attorney or

    Mandate Letter to operate the NRO

    accounts. The withdrawals are

    restricted to local payments only by

    the mandate holder. Operations on the

    account in terms of Power of Attorney

    is restricted to withdrawals for

    permissible local payments or

    remittance to the account holder

    himself through normal banking

    channels.

    the purpose of investment in India and

    credits representing sale proceeds of

    investments, they would ensure that such

    investments/ disinvestments would be

    covered by the general or special

    permission of Reserve Bank of India.

    Credits: Proceeds of remittances in any

    permitted currency from outside India

    through normal banking channels or any

    permitted currency tendered by the

    account holder during his temporary visit to

    India or transfers from rupee accounts of

    non-resident banks. Other legitimate dues

    in India of the account holder.Debits: All local payments in rupees

    including payments for investments subject

    to compliance with the relevant regulations

    made by the Reserve Bank and remittance

    outside India of current income in India of

    the account holder net of applicable tax.

    A resident can be authorised by the NRI by

    way of Power of Attorney or Mandate Letter

    to operate the NRE accounts. The

    withdrawals are restricted to local

    payments only by the mandate holder.

    Operations on the account in terms of

    Power of Attorney is restricted to

    withdrawals for permissible local payments

    or remittance to the account holder himself

    through normal banking channels.

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    SUBMISSION OF STATEMENTS

    Treasury dept. with the assistance of ITD, CO has developed a programme to cull

    out the data from the core server and the same is being successfully transmitted to

    Reserve Bank of India. In view of the above branches and Regional offices need not

    submit NRD CSR data. However, the updation with regard to country codes and

    transaction codes will have to be continued

    (Ref.Treasury(Foreign) Perm.Cir. 87 dated 19.03.2010)

    ANNEXURE II

    INDIAN OVERSEAS BANK

    ACCOUNT OPENING FORM

    (A LATEST ACCOUNT OPENING FORM IS AVAILABLE IN http://www.iob.in)

    ANNEXURE III

    SECTION B FOREIGN CURRENCY ACCOUNTS IN INDIA

    1.Branches should be guided by instructions contained in Notification No. FEMA

    5/2000-RB dated 3rd May 2000, master circulars issued by RBI and circulars issued

    by Central Office from time to time, with regard to opening and maintaining Foreign

    Currency accounts in India.

    2.Non Resident individuals of Indian nationality or origin (NRIs) are permitted to

    maintain foreign currency accounts/deposits in India under special schemes. Non-

    resident Indians returning to India are also permitted to open foreign currency

    accounts with designated branches under different schemes. Overseas Corporate

    Bodies have been de recognised as a class of investor, under FEMA, w.e.f.16.09.2003. The guidelines relating to the following type of accounts are furnished

    in this chapter. (i) Foreign Currency (Non-Resident) Accounts (Banks) Scheme

    FCNR(B)

    (ii) Resident Foreign Currency (RFC) Accounts.

    (iii) Resident Foreign Currency (Domestic) Accounts

    The guidelines relating to Exchange Earners Foreign Currency Accounts are

    http://www.iob.in/http://www.iob.in/
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    furnished in Chapter 1 of this volume of Book of Instructions.

    3. Branches should extract balances in SB accounts in foreign currency every

    month and tally with GL. In respect of term deposits maintained in foreign currency,branches should extract balances every half-year end and tally with GL.

    4. Branches should ensure that correspondence from account holders maintaining

    foreign currency accounts are properly attended to without giving room for any

    complaints. Account Opening forms and all correspondence relating to such

    deposits must be properly filed and kept.

    FOREIGN CURRENCY NON-RESIDENT (BANKS) ACCOUNTS - FCNR (B)

    1.Under FCNR(B) Scheme, the exchange risk is borne by the respective Banks

    which maintain the accounts.

    2.The accounts are maintained in designated foreign currencies and the account

    holder is not exposed to any exchange risk.

    3. DESIGNATED BRANCHES

    Only branches which are designated by Central Office to maintain FCNR (B)

    deposits should handle such deposits. Other branches are not permitted to

    maintain FCNR (B) deposits. Such restriction is made to ensure prompt reporting

    system and efficient management of funds. The list of authorised branches is

    displayed in the TREASURY (FOREIGN) intranet site.

    4. ELIGIBILITY :

    Individuals of Indian nationality or origin (NRIs) as defined under NRE Accounts

    Scheme are eligible to open deposit accounts under the captioned scheme.

    5.DESIGNATED CURRENCIES :

    Deposits can be opened only in the following designated currencies viz., US Dollar,Pound Sterling, EURO, Japanese Yen, Canadian Dollar Swiss Franc,New Zealand

    Dollar and Australian Dollar

    6.TYPE OF ACCOUNT, PERIOD AND RATE OF INTEREST :

    6.1. Accounts are permitted to be opened only in the form of term deposits.

    Our Bank permits opening of term deposits as RDP only for the following

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    maturities:

    (a)One year and above but less than two years

    (b)Two years and above but less than three years

    (c)Three years and above but less than four years

    (d)Four years and above but less than five years

    (e)Five years only

    GL CODE : FCNR-B (S) 1108

    FCNR-B (L) 1158

    6.2.Our Foreign Exchange Department, Central Office advises the interest rates

    and it must be updated every month on the first working day irrespective of

    whether any operation is there or not for all currencies in FCNRB. Interest should be

    calculated on the basis of 360 days per year as per International practice.

    6.3. No additional interest is payable on deposit accounts of staff members.

    7.JOINT ACCOUNT:

    The account may be held singly or jointly only in the names of eligible persons.

    8.OPENING OF ACCOUNTS:

    8.1.FCNR(B) should be opened only after citing the credit in our Nostro account. The

    eligible person should submit application in the form prescribed (Annexure - I) for

    opening FCNR(B) - RDP account, duly filled in and signed, supported by required

    documents.

    8.2. The account may be opened in the name of the eligible person by fresh

    remittance from abroad through normal banking channel or by transfer from theirNRE/FCNR account.

    8.3.The account may be opened by Non-Residents during their visits to India with

    foreign currency travellers cheques in his/her own name or foreign currency notes.

    While doing so, branches should be satisfied that he/she is still a Non-Resident

    Indian. Branches should call for Currency Declaration Form (CDF) - wherever

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    applicable - for endorsement and keep a photocopy of the same on record.

    8.4. Remittances from abroad for opening/crediting to FCNR (B) accounts would

    ordinarily be made only in the designated currency in which the account is desiredto be opened/maintained. If, however, remittance is received in a currency other

    than the designated currency (including funds received in rupees by debit to the

    account of a non-resident bank) it will be converted into the designated currency at

    the prevailing rate by the branch at the risk and cost of the remitter and the

    account opened/maintained in the designated currency.

    8.5. MINIMUM AMOUNT OF DEPOSITS:

    Branches should accept deposits with minimum size stipulations as advised by

    Treasury (Foreign), Central Office from time to time.

    CURRENCY AMOUNT MINIMUM

    GBP 1000

    USD 1000

    EURO 1000

    JPY 100000

    CAD 1000

    AUD 1000

    8.6. As a rule, branches should pass account opening entries only after

    receipt of funds in our Nostro Account. Hence opening of FCNR(B) deposit

    by purchasing relevant instrument by debit to DBP(F) is prohibited.

    9. RENEWAL OF DEPOSITS :

    9.1.If the depositor has given automatic renewal instruction, the matured deposit

    could be renewed on maturity without reference to the account holder.

    9.2. In the absence of automatic renewal instruction, if the deposit is not renewed

    on the date of maturity and renewed subsequently, then overdue interest for the

    broken period will be paid at the RFC SB rate (simple) prevailing on the date of

    maturity.

    Back dated renewal of deposit is not permitted

    10. PREMATURE CLOSURE:

    Reserve Bank has stipulated that while Banks should permit premature withdrawal

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    of deposits under the scheme, they are free to levy penalty for such premature

    withdrawal at their discretion. Banks may also, at their discretion, levy penalty to

    recover the swap cost in the case of premature withdrawal of FCNR (B) deposits.

    The components of penalty should be clearly brought to the notice of the depositorsat the time of acceptance of deposits and if it is not done, the exchange loss arising

    out of premature withdrawal will have to be borne by the Banks.

    Our Banks present guidelines on premature closure of FCNR(B) deposit are as

    under

    (a)No interest is payable if the deposit is closed before one year.

    Interest is paid at the eligible rate for the period the deposit has run minusa

    penalty of 1% on premature closure of the deposit for payment.

    Interest is paid at the eligible rate for the period the deposit has run without any

    penalty, if such closure is for renewal.

    (b) Overdue interest, paid if any, at the time of renewal of the deposit which is now

    closed before maturity, will be recovered if the deposit has run for a period of less

    than 6 months and need not be recovered if such foreclosure takes place after 6

    months.

    11.PAYMENT OF DEPOSITS:

    Maturity proceeds of FCNR (B) accounts or premature withdrawal thereof for the

    purpose of meeting local disbursements in India should be converted into rupees at

    TT buying rate for the relative currency ruling on the date of withdrawal and should

    be routed through the account of the depositor. Branches should exercise

    utmost caution and care when they receive instruction for closure (on

    maturity or foreclosure) and repatriation by Fax or e-mail. They should

    verify its authenticity and seek confirmation from the depositor before

    acting upon such messages

    12.Any inland movement of funds for the purpose of operating FCNR (B) accounts

    as well as for repatriation abroad for balances held in FCNR (B) accounts would be

    free of inland exchange or commission, for non-resident depositors.

    13. WHEN THE DEPOSITOR BECOMES RESIDENT:

    When the NRI returns to India for permanent settlement, the following options are

    available to him regarding treatment of FCNR(B) deposit with unexpired maturity:

    (a)Retain the FCNR(B) deposit as per the original terms till maturity, i.e., the

    original contracted rate of interest on FCNR(B) deposit will be paid till maturity for

    the contracted period. On maturity, convert the FCNR(B) deposit as RFC Deposit (if

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    eligible) or as a Rupee deposit at TT buying rate prevailing on the date of

    conversion.

    (b)If the depositor requests for premature closure of FCNR(B) deposit and

    conversion to RFC deposit, penal provisions shall not be applicable. However, if thedepositor requests for premature closure and conversion to rupee deposit, penal

    provisions shall apply.

    14 NOMINATIONS:

    14.1. Nomination facility is available to FCNR(B) depositors as in any other deposit

    accounts.

    14.2. Resident nominees may be allowed funds (From out of their share of

    proceeds of Non-Resident Indians deposits) towards liquidation of liabilities of the

    deceased NRI depositor at the overseas centre, before settling the claim.

    14.3. INTEREST PAYABLE ON FCNR(B) DEPOSIT OF A DECEASED

    DEPOSITOR/S:

    Branches should note the following guidelines while settling claims in the case of a

    deposit standing in the name/s of

    (i)a deceased individual depositor, or

    (ii)two or more joint depositors, where one of the depositors had died. Interest on

    such FCNR(B) deposit/s of the deceased depositor, shall be paid as indicated

    below :

    I. At the contracted rate on maturity of the deposit.

    II.In the event of the heir/s, legal representative/s or nominee/s claiming the

    payment of the deposit before maturity date, branches will pay interest at the rate

    as applicable for the period for which the deposit has run (as prevailing at the time

    of opening of the deposit in question) without levying any penal interest.

    III.In the event of death of the depositor before the date of maturity of the deposit

    and the amount is claimed after the date of maturity, the bank should pay interest

    at the contracted rate till the date of maturity. From the date of maturity to the

    date of payment, the bank should pay simple interest at the applicable rate

    operative on the date of maturity, for the period for which the deposit remained

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    with the bank beyond the date of maturity.

    IV.If the depositor dies after the date of maturity of the deposit, the bank should

    pay interest at a rate operative on the date of maturity in respect of savingsdeposits held under RFC account scheme, from the date of maturity till date of

    payment, appropriate to the currency of the deposit, irrespective of the fact

    whether the heir/s, legal representative/s or nominee/s seek renewal of the

    deposit/s or seek repatriation of the amount, subject to the condition that they are

    eligible to receive the claim in foreign currency.

    V.If the heirs, legal representatives or nominees seek splitting of the deposit and

    issuance of two or more receipts individually in the name of heir/s, legal

    representative/s or nominee/s, such splitting shall not be construed as premature

    closure and no penalty will be levied provided the period and the aggregate amount

    of the deposit do not undergo any change.

    VI.If the legal heir/s are residents, then the maturity proceeds may be converted

    into Indian rupees on the date of maturity and for the subsequent period the

    interest shall be payable at a rate applicable to the deposit of similar maturity

    under the domestic deposit scheme.

    15. LOANS AND OVERDRAFTS

    15.1. TO THE DEPOSITOR

    Branch may extend loans and advances to the depositor against his deposit for

    purposes other than prohibited investments subject to compliance of prescribed

    margin norms and rate of interest as per Central Office circulars in force. The

    general guidelines stated in paragraphs 9.1.1. to 9.4 of this chapter under section

    A shall apply for loans and advances granted against the security of FCNR B

    deposits. Reserve Bank has prohibited Banks from granting fresh loans or

    renewing existing loans in excess of Rupees 100 lakhs against FCNR (B)

    deposits either to the depositor or third parties. The loan proceeds is to becredited to NRO Account and not to depositors NRE Account.

    15.2.The loan can be repaid either by fresh remittance from abroad or out of

    maturity proceeds of the deposit. The loan can be repaid out of funds held in

    his/her NRO account.

    http://172.16.0.5/BOI2011/After_Convert_Html%20(Vol%203)/CHAP-2%20-NRI%20OTH%20THAN%20BKS.html#para911http://172.16.0.5/BOI2011/After_Convert_Html%20(Vol%203)/CHAP-2%20-NRI%20OTH%20THAN%20BKS.html#para911
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    15.3.TO THIRD PARTIES

    Branch may propose to their Regional Office for loans to third parties who are

    residents in India against FCNR (B) deposits, subject to following conditions:

    (a)There should not be any direct or indirect foreign exchange consideration for thenon-resident depositor agreeing to pledge his/her deposit, to enable the resident

    individual/firm/company to obtain the facility.

    (b)The period of loan should not exceed the unexpired period of maturity of the

    deposit accepted as security. The non-resident depositor should furnish an

    irrevocable undertaking to the branch not to withdraw the deposit during the

    pendency of loan/overdraft.

    (c)The loan should be utilised for personal purposes or for carrying on business

    activity other than prohibited purposes.

    (d)Branches should satisfy themselves as to the acceptability of purpose,

    genuineness of the credit needs of the borrower and end use of funds. They should

    not be guided solely by the availability of security.

    (e)Branches should comply with prescribed margin norms and rate of interest as

    per Central Office circulars in force.

    15.4.Branches should be guided by Documentation procedure for loans against

    NRE deposits set out in this Chapter while granting loans against FCNR(B) deposits.

    16.FORWARD COVER TO NON-RESIDENT INDIANS

    Branches are now permitted to book forward cover for their Non-Resident Indian

    customers against their FCNR(B) and NRE deposits. Branches should refer to

    detailed guidelines furnished in the Chapter No. 7 titled Forward contracts of this

    volume of Book of Instructions.

    17. REPORTING

    17.1.Branches should send system generated reports of opening/ renewal / closure

    of FCNR(B) Deposits in the prescribed format promptly.

    17.2. NAD branches authorised to handle FCNR deposits should forward suchreports to the respective AD branch.

    17.3The quarterly FCNR B reconciliation statement should be thoroughly

    scrutinised and submitted after reconciliation along with necessary

    opening/renewal/closure reports.

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    18.STATEMENT

    As per extant guidelines, branches should do the updation with regard to the

    country codes and transaction codes.The Foreign Exchange Department, Central

    Office, would send the statement NRD-CSR for the bank as a whole to Reserve Bankof India, Mumbai.

    19. FCNR SUSPENSE ACCOUNT NAD BRANCHES

    19.1.The FCNR (Suspense) Account should not be used by any branch for any

    purpose.

    20. Branches should be guided by instructions contained Master Circular on FCNR B

    and amendments thereto by AP (DIR) circulars issued by Reserve Bank of India.

    RESIDENT FOREIGN CURRENCY ACCOUNTS SCHEME (RFC Accounts)

    All AD Branches are permitted to open RFC accounts subject to compliance of

    instructions laid down in Foreign Exchange Management (Foreign Currency Accounts by

    a person resident in India) Regulations, 2000 Notification No. FEMA 10/2000-RB dated3rd May 2000 and subsequent amendments as well as other instructions issued by

    Central Office from time to time.

    1. Eligibility

    1.1.Under this scheme, persons of Indian nationality or origin, who having been resident

    outside India for a continuous period of not less than one year and have become

    persons resident in India on or after 18th April 1992 are eligible to open and maintain

    RFC accounts with branches in a freely convertible foreign currency. (For arriving at the

    period of continuous stay abroad of not less than one year, short visits to India on

    personal grounds like meeting family members/relatives or on health grounds which do

    not indicate the persons intention to stay in India for an indefinite period may be

    ignored)

    1.2.Persons who return to India after a short assignment of less than one year abroad

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    desiring to have RFC accounts should apply through the branch to RBI in form RFC. RFC

    accounts opened with the specific approval of RBI will be governed by the conditions

    stipulated by RBI while granting such approval.

    1.3.Persons who returned to India prior to 18th April 1992 after having been residentoutside India for a continuous period of not less than one year are also eligible to open

    RFC accounts if:

    a.They are holding valid specific permission/license from RBI as on 17-4-92 to maintain

    foreign currency accounts or to hold other foreign currency assets abroad

    or

    b.They are in receipt of pension or other monetary benefits from their overseas

    employers subsequent to their return to India even if they did not maintain foreign

    currency accounts or hold other foreign currency assets abroad.For the purpose of this Scheme, a person (not being a citizen of Pakistan or Bangladesh)

    shall be deemed to be of Indian origin, if:

    i.he at any time held an Indian passport

    or

    ii.he or either of his parents or any of his grandparents was a citizen of India by virtue

    of the Constitution of India or the Citizenship Act 1955

    or

    iii.that person is the spouse of an Indian citizen or of a person of Indian origin (not

    being a citizen of Pakistan or Bangladesh)

    2. Nature of Account:

    2.1.The RFC account can be maintained in the form of term deposits or Savings Bank

    Account (without cheque book facility). The Savings Bank account will be without

    cheque book facility and the minimum balance is USD 500 to become eligible for RFC SB

    interest.

    The period of term deposit in the form of RDP would be as under:

    i)Six months and above but less than One year

    ii)One year and above but less than Two years

    iii)Two years and above but less than Three years

    iv)Three years only

    Beyond 12 months, the deposits can be accepted in multiples of 3 months only.

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    2.2. GL/Profit and Loss account codes for such accounts are:

    RFC SB Account 1205

    RFC SD/TD Deposit Account 1105

    Interest Paid on RFC deposit account 5121

    2.3.The eligible person should submit application in the form prescribed (Annexure I A),

    duly filled in and signed supported by required documents. Branches can open the

    account on being satisfied that the applicant is an eligible person and that funds being

    credited to the account represent remittances out of eligible assets.

    2.4. Branches should have a separate Account Opening Register and suitable account

    numbers for SB and TD may be given as RFC-SB and RFC-TD etc. Branches may issue

    standard SB pass books for RFC-SB accounts after making necessary modifications.

    Standard Deposit Receipts may be issued for RFC term deposits.

    2.5. Branches may at the option of RFC depositor obtain an undertaking for automatic

    renewal of deposits on due date.

    3. Joint Account:

    The account may be held singly or jointly only in the names of eligible persons.

    4. Currency of Account:

    The account can be denominated in any of the following currencies:

    USD, GBP, JPY, EURO, CAD and AUD

    FEDAI weekly average rates published by TREASURY (FOREIGN) every quarter will be

    used for accounting purposes instead of the notional rates used earlier.

    5. Renewal of overdue RFC deposit and interest payment for overdue period.

    5.1. Overdue RFC deposits cannot be renewed from back date. Such deposit can be

    renewed from prospective date only.

    5.2. For the overdue period, branches are permitted to pay interest at the RFC SB rate

    (simple) appropriate to the currency of deposit, prevailing at the time of maturity or at

    the time of renewal, whichever is lower.

    5.3. If such renewed deposits are closed before completion of 6 months, then the

    overdue interest paid on such renewed deposits should be recovered. No interest is

    payable on the deposit as it would not have run for the minimum period.

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    5.4. Recovery of swap charges has been dispensed with for the time being.

    5.5. In case of premature closure, whether overdue interest has been paid or not,

    branches will pay interest at the rate applicable to the period for which the deposit hasrun, as prevailing on the date of opening/renewal less one percent penalty.

    6. Credits to the Account

    Under noted credit transactions may be allowed by branches in RFC accounts:

    6.1. Remittance in convertible foreign currency from outside India through normal

    banking channels representing:

    i.Funds in bank accounts outside India forming part of eligible assets held by theeligible person.

    ii.Income such as dividend, interest, profit, rent, etc. earned on eligible assets held by

    the eligible person.

    iii.Sale proceeds of eligible assets.

    6.2. Pension or other monetary benefits received from outside India in convertible

    foreign currency, through normal banking channels, arising out of employment taken up

    outside India by the eligible person prior to his returning to India.

    6.3. Interest earned on RFC account.

    6.4. Foreign currency notes/travellers cheques brought into India by the eligible person,

    provided that where the amount tendered exceeds USD 10000 or its equivalent or

    where the value of foreign currency/bank notes exceeds USD 5000 or its equivalent they

    have been declared on the Currency Declaration Form.

    6.5. Transfers from other RFC accounts of the account holder.

    6.6. Balances in any NRE/FCNR Account (other than in NRE rupee accounts of persons

    resident in the erstwhile Bilateral Group countries which have been funded in non-

    convertible rupees) in the name of the eligible person standing to his credit at the time

    of his arrival in India. (No penalty would be payable for premature withdrawal of

    NRE/FCNR deposits in such cases).

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    6.7. Unutilised entitlements under any valid RIFEE permit or Reconversion facility

    granted by RBI.

    6.8. Unspent foreign exchange surrendered by RFC account holders can also be

    accepted provided the branch is satisfied that the foreign exchange/currency concernedhad in fact been released for travel etc. abroad by debit to the same RFC accounts and

    the amount of foreign exchange/currency is surrendered within the stipulated period as

    required under the Exchange Control Regulations.

    (Eligible Assets Assets acquired or held otherwise than in contravention of the Act by

    an eligible person, while he was resident outside India (non-resident), in the form of

    deposits in banks outside India, investments in foreign currency shares or securities or

    immovable properties situated outside India or investments in business etc. outside

    India and include foreign exchange earnings through employment, business or vocationoutside India taken up or commenced by such person while he was resident outside

    India).

    7. Debits to the Account

    7.1. The funds in the account may be allowed to be freely utilised by the account holder

    for bonafide remittance outside India through normal banking channels including for

    investments abroad provided the cost of such investments and/or subsequent payments

    required there for are met out of RFC account.

    7.2. Branches may permit withdrawals/payments from such accounts (other than for

    remittances) outside India, or for payments in foreign currency authorised to be made in

    India by RBI only in equivalent Indian rupees.

    8. Rate of Interest

    Rates of interest on deposits held under this scheme are advised by TREASURY

    (FOREIGN), Chennai on a monthly basis. For RFC-SB accounts, interest will be payable

    every quarter on the last working day of the quarter on product-wise calculations. For

    RFC- term deposit accounts for the period 12 months and above, interest will be

    compounded half yearly as in the case of FCNR B deposits. For term deposits of 6

    months and above but less than 12 months, interest will be paid at a simple rate.

    9. Loans/overdrafts against the deposits

    No loan/overdrafts shall be granted by branches against balances in RFC accounts.

    10. Nomination Facility

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    10.1. The RFC accounts shall have the nomination facility as in the case of resident

    rupee account.

    11. Transfer of Balances on becoming Non-resident

    Funds held in RFC account may be freely remitted abroad or credited to fresh NRE/FCNRaccounts in the event of the account holder becoming non-resident by virtue of his

    going abroad for employment etc.

    12. Accounting Procedure:

    Branches may refer to Permanent FX Circular No.32/92-93 dated 24.9.92 issued by

    Foreign Exchange Department, Central Office. Enclose a copy of the circular

    ANNEXURES

    I. A. Application for opening RFC Account.

    II. A. Daily Report of EEFC/RFC/FCA Transactions. (available in Chapter I EEFC

    Accounts)

    For any change in Accounting Procedure that may take place hereafter branches are to

    be guided by the Circulars that may be issued by the Foreign Exchange Department,

    Central Office.

    RESIDENT FOREIGN CURRENCY (DOMESTIC) ACCOUNT

    Reserve Bank vide FEMA notification No. FEMA 74/2002-RB dated November 1, 2002 has

    allowed a person resident in India to open, hold and maintain with an authorized dealer

    in India a foreign currency account to be known as Resident Foreign Currency

    (Domestic) Account.

    Accordingly all AD branches are permitted to open a foreign currency deposit account

    for a person (INDIVIDUAL ONLY) resident in India subject to the norms/procedures given

    below. Any RFC (D) deposit on account of NAD branch customers should be opened at

    the nearest AD branch only.

    1. Eligibility

    Under the scheme, a person resident (individual) in India is eligible to open a RFC (D)

    account.

    2. Nature of Account

    The RFC (D) account can be maintained in the form of Current Account only (without

    cheque book facility).

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    3. Permitted Currency

    The account can be denominated in anyone of the currencies permitted for FCNR (B) viz.

    USD, GBP, EUR, JPY, AUD, CAD

    4. Interest

    No interest is payable on RFC (D) account.

    5. Minimum and Maximum Balance

    The minimum amount will be USD 500 or its equivalent in other currencies and there is

    no maximum prescribed.

    6. Permitted Credits

    The following Credits are allowed in RFC (D) account

    1.Out of foreign exchange acquired in the form of Currency Notes, Bank Notes and

    Travellers Cheques while on a visit to any place outside India by way of payment for

    services not arising from any business in or anything done in India

    2.Amount received as a honorarium or gift or for services rendered or in settlement of

    any lawful obligation from any person not resident in India and who is on a visit to India

    3.Amount received by way of honorarium or gift while on a visit to any place outside

    India

    4.Represents the unspent amount of foreign exchange acquired by him from an

    authorized person for travel abroad

    5.Foreign exchange earned through export of goods and/or services, royalty,

    honorarium etc., and/or gifts received from close relatives (as defined in Companies Act)

    and repatriated to India through normal banking channels by resident individuals

    7. Permitted Debits

    Payments towards a current account transaction in accordance with the provisions of

    Foreign Exchange Management (Current Account Transactions) Rules, 2000 and towards

    a capital account transaction permissible under the Foreign Exchange Management

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    (Permissible Capital Account Transactions) Regulations, 2000 are allowed.

    8. Accounting Procedure:

    The accounting procedure, notional rate, reporting format/system will be same as in the

    case ofRFC deposits.The GL head for RFC is used for RFC (D) deposits also. But forthe purpose of distinction, a separate ledger may be maintained for RFC (D)

    deposits. For statistics/MIS purpose, branches should maintain Progressive balance and

    balance should be tallied as per the existing norms/procedures.

    ANNEXURE I A

    APPLICATION FOR OPENING AN RFC ACCOUNT

    To

    The Manager

    .........................................................

    .........................................................

    .........................................................

    Please open an RFC Account in my name. The relevant particulars are as under :

    1. Name and address of the applicant :

    2. Nationality :

    3.Origin (state whether you are of :

    Indian origin)

    4. Passport particulars :

    No. :

    Issuing Authority :

    Expiry Date :

    5. Date of arrival in India to :

    become a resident in India

    6.Particulars of residence outside India

    COUNTRY

    P E R I O DNATURE OF

    OCCUPATION

    FROM TO

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    (An attested copy of the relevant pages of the passport must be enclosed).

    7. Do you continue to have any :

    employment or business or vocationoutside India? If so please give

    full particulars

    8.Foreign currency/ies in which RFC :

    Account/s is/are to be opened

    9. Type of Account desired (State :

    whether fixed deposit, current or

    savings Account)

    I hereby declare that I have gone through the provisions of the RFC Accounts Scheme. I

    declare that the particulars stated herein above are correct and I am eligible to open

    and maintain RFC Account under the Scheme as applied. I agree that the RFC Account

    shall be governed by the RFC Accounts Scheme and the directions issued by the

    Reserve Bank under the Foreign Exchange Regulation Act, 1973, from time to time.

    Date : (Signature)

    Place :

    INSTRUCTIONS TO THE APPLICANT

    1.Applicant is advised to read carefully the RFC Accounts Scheme before making the

    application.

    2.Account will not be opened unless full particulars are furnished in the application form.

    3.Application form duly filled in and signed must be accompanied by copies of the

    relevant pages of the passport duly certified by the applicant as true copies. Thepassport should be submitted along with the application for verification.

    4.Furnishing any false information in the application amounts to a contravention of

    FEMA 1999.

    5.Applicant should furnish such other particulars or documents, as may be required by

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    the authorised dealer for the latter to satisfy himself that the applicant is an eligible

    person and the funds proposed to be credited to the RFC Account are eligible for the

    purpose.

    6.Nomination facility is available to the RFC Accounts as in the case of resident rupee

    accounts.

    Annexure I B:

    Undertaking from Depositor of FCNR B / RFC regarding penal provisions:

    I /We understand that bank will be charging/levying penal interest /swap charges for

    premature closure of the deposits (together with swap charges, if any), for any purpose

    as per rules given hereunder and I agree for the same.

    FCNR DEPOSITS:

    1.If the FCNR (B) deposit has not run for 6 months, overdue interest paid, if any at the

    time of renewal of the deposit will be recovered. No interest is payable on such deposits

    as the deposit would not have run for the minimum period of 12 months as per RBI

    stipulation.

    2. If the deposit has run for 12 months and above, penal interest @ 1% (0.5%, if

    premature closure is for the purpose of renewal) will be recovered.

    RFC DEPOSITS:

    1.If the deposit has not run for 6 month, but overdue interest paid, if any at the time of

    renewal of the deposit will be recovered. No interest is payable on such deposits as the

    deposit would not have run for the minimum period of 6 month as per RBI stipulation.

    2.If the deposit has run for 6 month and above Penal interest @ 1% (0.5%, if pre mature

    closure is for the purpose of renewal) will be recovered.

    SIGNATURE OF THE CUSTOMER

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