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Foreign Exchange Management (Foreign exchange derivative contracts) Regulations, 2000

Pg. 2

 

(3)

The contract entered into under sub-paragraph (2), if cancelled shall not be rebooked or re-entered, by whatever name called.

   

(1)

A person resident in India may enter into a foreign currency option contract 5[not involving the rupee as one of the currencies] with an authorised dealer in India to hedge foreign exchange exposure of such person arising out of his trade 

 

Provided that in respect of cost effective risk reduction strategies like range forwards, ratio-range forwards or any other variable by whatever name called there shall not be any net inflow of premium.

 

Explanation - The contingent foreign exchange exposure arising out of submission of a tender bid in foreign exchange is also eligible for hedging under this sub-paragraph.

 

(2)

A Transactions undertaken under sub-paragraph (1) may be freely booked and/or cancelled.

5

(3)

A person resident in India may enter into a foreign currency–rupee option contract with an authorised dealer to hedge an exposure to exchange risk in respect of a transaction for which sale and / or purchase of foreign currency is permitted under the Act or the rules or regulations or directions or orders made or issued there under on the same terms and conditions applicable to forward contracts .

 

Schedule II
(See regulation 5)

Foreign exchange derivative contracts permissible for a person resident outside India

1.  

A Registered Foreign Institutional Investor (FII) may enter into a forward contract with rupee as one of the currencies with an authorised dealer in India to hedge its exposure in India:

 

Provided that -

     2

a)

the value of the hedge does not exceed the market value of the underlying debt or equity instruments, provided forward contracts once booked shall be allowed to continue to the original maturity even if the value of the underlying portfolio shrinks, for reasons other than sale of securities.

 

      [***]2

 

b)

forward contracts once cancelled shall not be rebooked but may be rolled over on or before the maturity,

c)

the cost of hedge is met out of repatriable funds and/or inward remittance through normal banking channel,

d)

all outward remittances incidental to hedge are net of applicable Indian taxes.

2.

A non-resident Indian   [***]3 may enter into forward contract with rupee as one of the currencies, with an authorised dealer in India to hedge;

(a)

the amount of dividend due to him/it on shares held in an Indian company;

 

(b)

the balances held in Foreign Currency Non-Resident (FCNR) account or NonResident External Rupee (NRE) account,

 

(c)

the amount of investment made under portfolio scheme in accordance with the provisions of the Foreign Exchange Regulation Act, 1973 or under notifications issued there under or is made in accordance with the provisions of the Foreign Exchange Management (Transfer or issue of Security by a Person Resident outside India) Regulations, 2000 and in both cases subject to the terms and conditions specified in the proviso to paragraph 1 of this Schedule.

4.2A..

A non-resident Indian may, subject to conditions prescribed by the Reserve Bank of India from time to time, enter into cross currency (not involving the rupee) forward contracts to convert the balances held in FCNR (B) accounts in one foreign currency to another foreign currency in which FCNR (B) deposits are permitted to be maintained

2 3. Authorised dealers may, offer forward contracts to persons resident outside India to hedge the investments made
in India since January 1, 1993, subject to verification of the exposure in India. These forward contracts once
cancelled are not eligible to be rebooked.
43A. A person resident outside India may subject to conditions prescribed by the Reserve Bank of India from time to
time enter into a forward sale contract with an authorized dealer in India to hedge the currency risk arising out of
his proposed foreign direct investment in India.
43B. A person resident outside India having Foreign Direct Investments in India may, subject to the condition that
forward cover shall be taken only after the rate has been approved by the Board, enter into forward contracts with
rupee as one of the currencies to hedge the currency risk on dividend receivable by him from the Indian company.

54.

A Foreign Institutional Investor, a Non-Resident Indian or a Person Resident outside India having Foreign Direct

Investment in India, may enter into a foreign currency-rupee option contract with an authorised dealer in India,

under the same terms and conditions applicable to forward contracts .

 

Schedule III
(See Regulation 6)

Procedure for application for approval for hedging of commodity price risk

   
1. A person resident in India , engaged in export-import trade ,who seeks to hedge price risk in respect of any
  commodity including Gold, [***]1 may submit an application to the International Banking Division of an athorised
dealer giving the following details.

i)

A brief description of the hedging strategy proposed ; namely :-

a)

description of business activity and nature of risk;

b)

instruments proposed to be used for hedging ;

 

 

c)

names of commodity exchange and brokers through whom the risk is proposed to be hedged and credit lines proposed to be availed. The name and address of the regulatory authority in the country concerned may also be given ;

 

 

d)

size/average tenure of exposure and/or total turnover in a year , together with expected peak positions thereof and the basis of calculation.

ii)

copy of the Risk Management Policy approved by the Management covering:

a)

risk identification,

b)

risk measurements,

c)

guidelines and procedures to be followed with respect to revaluation and/or monitoring of positions,

d)

names and designations of the officials authorised to undertake transactions and limits.

iii)

Any other relevant information.

62.

Authorized dealer, after ensuring that the application is supported by documents indicated in paragraph 1, as may be relevant, may forward the application with its recommendations to the Reserve Bank of India, where applicable. In all other cases, the application may be forwarded by the company concerned to an authorized dealer bank authorized to grant permission under sub-regulation (ii) of regulation 6, for consideration.

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Words "but excluding oil and petroleum products"  shall be omitted Notification No.28 /2000-RB., Dated: Sept.  5, 2000., Ref. A.P. (DIR Series) (2000-2001) Circular No. 11 , dated Sept. 5,2000. , Ref. A.P. (DIR Series) (2000-2001) Circular No. 8 , dated Aug. 22, 2000., Ref. A.P. (DIR Series) (2000-2001) Circular No.17 , dated Oct. 16, 2000.
2 Amendmends Vide Notification No.81 / 2003 Dated Jan 8, 2003. 
3 Word 'or an overseas corporate body (OCB)' deleted  vide Notification No. FEMA 101/2003-RB Dated Oct. 3, 2003

4

Substituted by the Notification No.104 / 2003., Dated: October 21, 2003.

5

Substituted by the Notification No.143 /RB- 2005., Dated: December 19, 2005.

6

Substituted by the Notification No.148 /RB- 2006., Dtd. Mar.16, 2006.

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