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Core Purpose

Notification amending the Foreign Exchange Management (Debt Instruments) Regulations, 2019, to permit non-resident rupee account holders to purchase and sell dated Government Securities and treasury bills.

Detailed Summary

Issued by the Reserve Bank of India, Financial Markets Regulation Department, Central Office, Mumbai, dated 16th October 2023 (No. FEMA.396(2)/2023-RB), and made under clause (a) of sub-section (2) of Section 6 and Section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), this notification, titled the Foreign Exchange Management (Debt Instruments) (Second Amendment) Regulations, 2023, amends Schedule 1 of the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (Notification No. FEMA.396/2019-RB dated 17th October 2019, published vide G.S.R. No.796(E)) by inserting a new sub-paragraph E to paragraph 1 permitting persons resident outside India who maintain a rupee account under regulation 7(1) of the Foreign Exchange Management (Deposit) Regulations, 2016 to purchase or sell dated Government Securities and treasury bills as per RBI-specified terms, inserting a new clause (4A) to paragraph 2 requiring the consideration for such purchases to be paid from funds in that rupee account, and inserting a new clause (2A) to paragraph 4 requiring sale/maturity proceeds (net of applicable taxes) to be credited to the same rupee account; the Principal Regulation was previously amended by Notification No. FEMA 396(1)/2021-RB dated 13th October 2021; the notification is signed by Dimple Bhandia, Chief General Manager.

Full Text

6719 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 719] NEW DELHI , FRIDAY , OCTOBER 20, 2023/ ASVINA 28, 1945 CG-DL-E-21102023-249619 CG-DL-E-21102023-249619 RESERVE BANK OF INDIA (Financial Markets Regulation Department) (CENTRAL OFFICE) NOTIFICATION Mumbai, the 16th October, 2023 Foreign Exchange Management (Debt Instruments) (Second Amendment) Regulations, 2023 No. FEMA.396(2)/2023 -RB.—In exercise of the powers conferred by clause (a) of sub -section (2) of section 6 and section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Re serve Bank of India hereby makes the following amendments to the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (Notification No. FEMA.396/2019 -RB dated October 17, 201 9) (hereinafter referred to as 'the Principal Regulation'), namely: - 1. Short title and commencement (i) These Regulations shall be called the Foreign Exchange Management (Debt Instruments) (Second Amendment) Regulations, 2023. (ii) They shall come into force with effect from the date of their publication in the Official Gazette. 2. Amendment to Schedule 1 to the Principal Regulation (i) In paragraph 1 of Schedule 1 to the Principal Regulation, afte r sub -paragraph D, the following new sub - paragraph shall be inserted: - “E. Permission to persons resident outside India maintaining rupee account in terms of regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016 Persons resident outsi de India that maintain a rupee account in terms of regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016 may purchase or sell dated Government Securities/treasury bills, as per terms and conditions specified by the Reserve Bank.” (ii) In paragraph 2 of Schedule 1 to the Principal Regulation, after clause (4) the following new clause shall be inserted: - “(4A) The amount of consideration for purchase of dated Government Securities/treasury bills by persons resident outside India in terms of sub -paragraph (E) of paragraph 1 of this Schedule shall be paid out of funds held in their rupee account maintained in terms of regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016.” (iii) In paragraph 4 of Schedule 1 to the Prin cipal Regulation, after clause (2) the following new clause shall be inserted: - “(2A) The sale/ maturity proceeds (net of taxes, as applicable) of instruments held by persons resident outside India that maintain a rupee account in terms of regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016 shall be credited to the said rupee account.” DIMPLE BHANDIA, Chief General Manager [ADVT. -III/4/Exty./ 501/2023 -24] Foot Note : The Principal Regulation was published in the Official Gazette vide G.S.R.No.796(E) dated October 17, 2019 in Part II, Section 3, sub -Section (i) and amended, vide: 1. Notification no. FEMA 396(1)/2021 -RB [Foreign Exchange Management (Debt Instruments) (First Amendment) Regulations, 2021] dated October 13, 2021 published in the Gazette of India [Extraordinary, Part III–Section 4], vide Gazette ID CG -MH-E-21102021 -230591 dated 21.10.2021. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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