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Core Purpose

Notification of the Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024, amending Regulation 7 of the Foreign Exchange Management (Deposit) Regulations, 2016 to permit margin accounts for non-resident derivative contract participants.

Detailed Summary

This notification issued by the Foreign Exchange Department of the Reserve Bank of India on 6 May 2024 (F. No. FEMA 5(R)/(4)/2024-RB) promulgates the Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024, made under sub-section (2) of section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), effective from the date of publication in the Official Gazette. The amendment inserts a new sub-regulation (6) into Regulation 7 of the Foreign Exchange Management (Deposit) Regulations, 2016 (Notification No. FEMA 5(R)/2016-RB dated 1 April 2016, the Principal Regulations, previously amended vide G.S.R.1093(E) dated 9 November 2018, G.S.R. 498(E) dated 16 July 2019, and No. FEMA 5(R)/(3)/2019-RB dated 13 November 2019), permitting an authorised dealer in India to allow a person resident outside India to open, hold, and maintain an interest-bearing account in Indian Rupees and/or foreign currency for the purpose of posting and collecting margin in India for a permitted derivative contract entered into under the Foreign Exchange Management (Margin for Derivative Contracts) Regulations, 2020 dated 23 October 2020, subject to directions issued by the Reserve Bank. The notification is signed by Latha Radhakrishnan, General Manager (Officer-in-Charge).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-06052024-254058 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 316] NEW DELHI, MONDAY, MAY 6, 2024/VAISAKHA 16, 1946 2916 GI/2024 RESERVE BANK OF INDIA (Foreign Exchange Department) NOTIFICATION Mumbai, the 6th May, 2024 Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024 F. No. FEMA 5(R)/(4)/2024-RB.—In exercise of the powers conferred by sub-section (2) of section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India makes the following amendment in the Foreign Exchange Management (Deposit) Regulations, 2016 (Notification No. FEMA 5 (R)/2016- RB dated April 01, 2016) (hereinafter referred to as 'the Principal Regulations'), namely:- 1. SHORT TITLE AND COMMENCEMENT: (i) These regulations shall be called the Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024. (ii) They shall come into force with effect from the date of their publication in the Official Gazette. 2. Amendment to Regulation 7 of the Principal Regulations: In the Principal Regulations, in Regulation 7, after sub-regulation 5, the following new sub-regulation shall be inserted, namely:- “6) An authorised dealer in India may allow a person resident outside India to open, hold and maintain an interest-bearing account in Indian Rupees and / or foreign currency for the purpose of posting and collecting margin in India, for a permitted derivative contract entered into by such person in terms of Foreign Exchange Management (Margin for Derivative Contracts) Regulations, 2020, dated October 23, 2020, as amended from time to time, subject to directions issued by the Reserve Bank in this regard." LATHA RADHAKRISHNAN, General Manager (Officer-in-Charge) [ADVT.-III/4/Exty./084/2024-25] Foot Note: The Principal Regulations were published in the Official Gazette vide No. G.S.R. 389(E) dated April 01, 2016 in Part II, Section 3, sub-section (i) and subsequently amended vide G.S.R.1093 (E) dated 09.11.2018 G.S.R. 498 (E) dated 16.07.2019 No. FEMA 5(R)/(3)/2019-RB dated November 13, 2019 5Uploaded 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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