FREE REMITTANCES
UPTO $25000 PER YEAR
For the average Indian, capital account
convertibility has arrived with the Reserve Bank of India
finally notifying the liberalised remittance scheme, which
allows individuals to send up to $25,000 overseas a year .
A statement issued by the central bank
said that, under this facility, resident individuals will
be free to acquire and hold immovable property or shares or
any other asset outside India without prior RBI approval.
"Individuals will also be able to
open, maintain and hold foreign currency accounts with a bank
outside India for making remittances under the scheme without
prior approval of RBI."
This account can be used for putting through
all transactions arising from eligible remittances.
A "free remittance" facility
was indicated by Finance Minister Jaswant Singh in the course
of the mini-Budget announcements.
The good news is that this facility is
in addition to those already available for private and business
travel, gift remittances, donations, studies, medical treatment
for which residents can remit sizeable amounts in foreign
currency.
The only pre-condition is that this facility
cannot be used for remittance for any transaction prohibited
or restricted under the Foreign Exchange Management Act (Fema).
All that is required is that the applicant
should furnish his income tax Permanent Account Number (PAN)
and confirm to the bank that the funds being remitted are
his own.
Banks have a bigger responsibility of
carrying out the due diligence including complying with the
know-your-customer norms as well as the anti-money laundering
rules.
While there is no problem in remitting
funds to the developed world, this facility cannot be used
to send funds to countries identified by the financial action
task force Financial Action Task Force (FATF), a global money-laundering
watchdog set up by the Organisation for Economic Co-operation
and Development (OECD), as a non-co-operative country.
The current list of non-co-operative countries
includes Cook Islands, Egypt, Guatemala, Indonesia, Myanmar,
Nauru, Nigeria, Philippines and Ukraine. Besides these countries,
RBI has also kept Bhutan, Nepal, Mauritius and Pakistan outside
this facility.
Till now, capital account convertibility
existed only for NRIs and FIIs. An NRI can open a foreign
currency or a rupee bank account and freely sell its properties
and securities in India to take back the money.
Similarly, a portfolio fund manager can
enter the stock and bond market at any point and pull out
whenever he feels. While all an Indian could do was park the
dollar bills after a foreign travel in a zero-interest account.
Now, an Indian can do what an FII or NRI
is allowed up to $25,000. This is capital account convertibility
in a limited way, even though a full-fledged capital account
convertibility could take years.
The announcement may be driven by the
need to create a demand for the dollar, which is sliding against
the rupee. However, it's a landmark in the exchange control
liberalisation programme.
After the critical forex reserves position
of May 1991 followed by a devaluation in July the same year,
the country today has an over $100 billion forex kitty that
has paved the way for such a remittance facility.
Foreign exchange liberalisation began
with the "liberalised exchange rate management system"
in 1992 and entry of FIIs in 1993.