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Core Purpose

Reserve Bank of India notification amending the Foreign Exchange Management (Debt Instruments) Regulations, 2019 to permit persons resident outside India to purchase Sovereign Green Bonds through International Financial Services Centre depository accounts.

Detailed Summary

The Reserve Bank of India, Financial Markets Regulation Department, vide Notification No. FEMA.396(3)/2024-RB dated 2nd August, 2024, titled the Foreign Exchange Management (Debt Instruments) (Third Amendment) Regulations, 2024, issued under clause (a) of sub-section (2) of section 6 and section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), amends the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (Notification No. FEMA.396/2019-RB dated 17th October, 2019); it inserts new sub-paragraph F into paragraph 1 of Schedule 1 permitting persons resident outside India who maintain a securities account with a depository in the International Financial Services Centre (IFSC) in India to purchase or sell Sovereign Green Bonds issued by the Government of India as per RBI-specified terms; inserts clause (4B) into paragraph 2 requiring the purchase consideration to be paid via inward remittance through banking channels or from a foreign currency account maintained per RBI/IFSC Authority regulations; and inserts clause (2B) into paragraph 4 permitting sale/maturity proceeds (net of taxes) to be remitted outside India; the Regulations take effect from the date of publication in the Official Gazette; signed by Dimple Bhandia, Chief General Manager; the footnote traces the Principal Regulation to G.S.R. No. 796(E) dated 17th October, 2019, previously amended by Notification No. FEMA 396(1)/2021-RB dated 13th October, 2021 and Notification No. FEMA 396(2)/2023-RB dated 16th October, 2023.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-10082024-256254 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 603] NEW DELHI, WEDNESDAY, AUGUST 7, 2024 RESERVE BANK OF INDIA (Financial Markets Regulation Department) (CENTRAL OFFICE) NOTIFICATION Mumbai, the 2nd August, 2024 Foreign Exchange Management (Debt Instruments) (Third Amendment) Regulations, 2024 No. FEMA.396(3)/2024-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 Reserve Bank of India hereby makes the following amendment to the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (Notification No. FEMA.396/2019-RB dated October 17, 2019) (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) (Third Amendment) Regulations, 2024. (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, after sub-paragraph 'E', the following new sub-paragraph shall be inserted:- "F. Permission to persons resident outside India for purchase of Sovereign Green Bonds in the International Financial Services Centre (IFSC) in India (1) “Persons resident outside India that maintain a securities account with a depository in IFSC in India may purchase or sell Sovereign Green Bonds issued by the Government of India, as per terms and conditions specified by the Reserve Bank." (ii) In paragraph 2 of Schedule 1 to the Principal Regulation, after clause (4A) the following new clause shall be inserted:- "(4B) The amount of consideration for purchase of Sovereign Green Bonds issued by the Government of India by persons resident outside India in terms of sub-paragraph (F) of paragraph 1 of this Schedule shall be paid out of inward remittance from abroad through banking channels or out of funds held in a foreign currency account maintained in accordance with the regulations issued by the Reserve Bank and/or the International Financial Services Centre Authority." (iii) In paragraph 4 of Schedule 1 to the Principal Regulation, after clause (2A) the following new clause shall be inserted:- “(2B) The sale/ maturity proceeds (net of taxes, as applicable) of instruments held by persons resident outside India in terms of sub-paragraph (F) of paragraph 1 of this Schedule may be remitted outside India.” DIMPLE BHANDIA, Chief General Manager [ADVT.-III/4/Exty./372/2024-25] 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. 2. Notification no. FEMA 396(2)/2023-RB [Foreign Exchange Management (Debt Instruments) (Second Amendment) Regulations, 2023] dated October 16, 2023 published in the Gazette of India [Extraordinary, Part III-Section 4], vide Gazette ID CG-DL-E-21102023-249619 dated 20.10.2023. 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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