Compounding of Contraventions under FEMA. Delegation of powers to RBI Regional Offices
In terms of the Master Direction on “Compounding of Contraventions under FEMA, 1999” the powers to compound certain contraventions of have been delegated to the Regional Offices/Sub-Offices of the Reserve Bank.
The Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 and Foreign Exchange Management (Mode of Payment and Reporting of Non-Debt Instruments) Regulations, 2019 i.e. Notification No. FEMA.395/2019-RB, both notified on October 17, 2019, by Government of India and Reserve Bank of India respectively have since been superseded
The compounding powers stand delegated to the Regional Offices/ Sub Offices of the Reserve Bank to compound the following contraventions.
| FEM (Non –Debt Instruments) Rules, 2019 dated October 17, 2019 |
| Rule 2(k) read with Rule 5 |
| Rule 21 |
| Paragraph 3 (b) of Schedule I (Issue of shares without approval of RBI or Government, wherever required) |
| Rule 4 (Receiving investment in India from non-resident or taking on record transfer of shares by Investee Company) |
| Rule 9(4) and Rule 13(3) |
| FEM (Mode of Payment and Reporting of Non-Debt Instruments) Regulations dated October 17, 2019 |
| Regulation 3.1(I)(A) |
| Regulation 4(1) |
| Regulation 4(2) |
| Regulation 4(3) |
| Regulation 4(6) |
| Regulation 4(7) |
| Regulation 4(11) |
Further, with respect to the classification of a contravention under FEMA by the Reserve Bank as ‘technical’ or ‘material’ or ‘sensitive/serious in nature’. On a review it has been decided to discontinue the classification of a contravention as ‘technical’ that was dealt with by way of an administrative/ cautionary advice and regularize such contraventions by imposing minimal compounding amount as per the compounding matrix as contained in the ‘Master Direction – Compounding of Contraventions under FEMA, 1999’ dated January 01, 2016.
On partial modification of earlier circular, it has been also decided that in respect of the Compounding Orders passed on or after March 01, 2020 a summary information, instead of the Compounding Orders, shall be disclosed publically by publishing on the Bank’s website.
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