Union of India - Act
The Foreign Exchange Regulation Rules, 1974
UNION OF INDIA
India
India
The Foreign Exchange Regulation Rules, 1974
Rule THE-FOREIGN-EXCHANGE-REGULATION-RULES-1974 of 1974
- Published on 1 January 1974
- Commenced on 1 January 1974
- [This is the version of this document from 1 January 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
11.
/585In exercise of the powers conferred by section 79 of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and in supersession of the Foreign Exchange Regulation Rules, 1952 the Central Government hereby makes the following rules, namely:--1. Short title and commencement .-(1) These rules may be called The Foreign Exchange Regulation Rules, 1974.
2. Definitions .-In these rules, unless the context otherwise requires,--
3. Service of direction, orders or notices made or issued under the Act, or these rules or under any order or notification made thereunder .-A direction, order or notice made or issued under the Act or these rules or any order or noti-fication made thereunder shall be served on any person in the following manner, that is to say:--
4. [ Indication of import-export code number
.-The import-export code num-ber allotted by the Director General of Foreign Trade under section 7 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) shall be indicated on all copies of the GR or PP or VP/COD forms completed and lodged by the exporter or his agent with the Customs or the Postal Authorities and in all correspondence of the exporter with its bank or the Reserve Bank, as the case may be.]5. Form of declarations .-(1) A declaration under section 18 of the Act shall be in one of the Forms set out in the Second Schedule and as specified therein according to the requirements of the case.
6. [ Authority to whom declaration is to be furnished
.-(1) [(a) In the case of specified customs offices, wherein the specified categories of Shipping Bills are processed electronically, the declaration Form SDF in respect of such Shipping Bills shall be submitted in duplicate to the Commissioner of Customs having jurisdiction over such specified customs offices. After duly verifying and authenticating the declaration Form SDF, the Commissioner of Customs shall hand over to the exporter one copy of such Shipping Bill marked as "Exchange Control Copy" in which declaration Form SDF has been appended for being submitted to the authorised dealer and order one copy of such Shipping Bill in which Form SDF had been appended to be kept in the records of the specified office.(aa)in the case of custom offices other than those specified customs offices, and in respect of Shipping Bills other than the specified categories of Shipping Bills the declaration Form GR shall be submitted in duplicate to the Commissioner of Customs. After duly verifying and authenticating the declaration form, the Commissioner of Customs shall forward the original declaration form to the nearest office of the Reserve Bank and hand over the duplicate form to the exporter for being submitted to the authorised dealer.Explanation .-For the purposes of this sub-rule, the expression--(i)"specified customs office" means the office of the Commissioner of Customs specified by the Commissioner of Customs having jurisdiction to specify custom offices for the purpose of this sub-rule;(ii)"specified categories of Shipping Bills" means the categories of Shipping Bills processed electronically and specified by the Commissioner of Customs having jurisdiction to specify customs offices for the purpose of this sub-rule.](b)[ The declaration Form PP shall be submitted in duplicate to the authorised dealer in foreign exchange named in the form. The authorised dealer shall, after countersigning the declaration form, hand over the original form to the exporter which shall be submitted to the postal authorities through which the goods are being despatched. The postal authorities, after despatch of the goods, shall forward the declaration form to the nearest office of the Reserve Bank. [Substituted by G.S.R. 776(E), dated 27.12.1993 (w.e.f. 27.12.1993). ](c)On realisation of the export proceeds, the authorised dealer shall, after due certification, submit the duplicate declaration form to the nearest office of the Reserve Bank.(d)In the case of exports on value payable/cash on delivery basis, the declaration Form VP/COD shall be submitted to the postal authority with the relative parcel at the time of despatch. The postal authority shall send the form to the nearest office of the Reserve Bank.7. Evidence in support of declaration .-(1) The Reserve Bank or subject to such directions if any, as may be given by Reserve Bank, the [Commissioner of Customs] or the postal authorities, may, to satisfy themselves of due compliance with section 18 of the Act, require such evidence in support of the declaration as may satisfy them that the exporter is a person resident in India, and has a place of business in India.
8. [ Period within which export value of goods to be realised
.-The amount representing the full export value of the goods exported shall be realised and be paid to the authorised dealer on the due date for payment or within six months from the date of shipment of the goods whichever is earlier:Provided that, where the goods are exported to a warehouse established out-side India with the permission of the Reserve Bank, the amount representing full export value of the goods exported shall be paid to the authorised dealer as soon as it is realised and in any case within fifteen months from the date of shipment of goods:Provided further that the Reserve Bank may, for sufficient and reasonable cause shown, extend the said period.]9. Manner of payment of export value of goods .-Unless otherwise authorised by the Reserve Bank, the amount representing the full export value of goods exported to the countries specified in the Third Schedule shall be paid through an authorised dealer and in the manner specified in the said Schedule.
10. to 11[* * *]
12. [ Application for permission to practise any profession or carry on any occupation, trade or business in India
.-An application for permission under section 30 of the Act by a national of a foreign state to practise any profession or to carry on any occupation, trade or business in India shall be submitted in Form EFN specified in the Sixth Schedule.][* * *] [ First Schedule omitted by G.S.R. 503(E), dated 30.10.1996 (w.e.f. 31.10.1996).]SECOND SCHEDULE[See rule 5]Part A
[GR, PP, VP/COD and SDF Forms] [Substituted by G.S.R. 783(E), dated 23-12-1998]Part B
The Forms in Part A and set out in Column 1 below shall be used for the purpose of declaring exports specified against each in Column 2 below:| Column 1 | Column 2 |
| [Form GR [Substituted by G.S.R. 783(E), dated 23-12-1998] | To be used for declaring exports in the case of customs offices other than specified customs offices and shipping bills other than the specified categories of shipping bills mentioned under clause (aa) of sub-rule (1) of rule 6; |
| 1-A. Form SDF | To be used for declaring exports in the case of specified customs offices and specified categories of shipping bills, mentioned under clause (a) of sub-rule (1) of rule 6.] |
| 2. Form PP | To be used for declaring exports by post parcel to all countries other thanNepalandBhutan. |
| 3. Form VP/COD | To be used for declaring exports by post parcel to all countries other thanNepalandBhutanin cases where payments are to be received otherwise than through authorised dealers. |
| [Exchange Control Declaration (GR) Form] [Substituted vide AD (MA Series) Circular No. 16] | |
| Original |
| Exporter | Invoice No. & DateAR4/AR4A No. & DateQ/Cert No. & Date | SB No. & Date |
| Import-Export Code No.[***] [ Omitted by G.S.R. 503(E), dated 30-10-1996] | ||
| Consignee | ||
| Export Trade Control | If export under | |
| Deferred Credit [ ]joint Ventures [ IRupee Credit [ ] Others [ ] | ||
| Custom House Agent LIC No | ||
| Pre-Carriage by Vessel/Flight No. | Place of Receipt by Pre-CarrierRotation No. | RBI's Approval/Cir. No. & Date |
| Type of shipment: | ||
| OutrightSale[ ]Consignment Export [ ]Others [ ](Specify) | ||
| PortofLoading | Nature of Contract : CIF [ ]/C&F[ ]/FOB [ ] Other (Specify) [ ] | |
| PortofDischarge | Country of Destination | Exchange Rate U/S 14 of CA Currency of invoice | |||
| S.No. | Marks& No. | No.& Kind of Pkgs. Container Nos. | Statistical Code & Description of Goods | Quantity | Value FOB |
| Net Weight | |||||
| Gross Weight | |||||
| Total FOB Value in words | |||||
| Analysis of Export Value | Currency | Full export value or where not ascertainable, the value which exporter expects to receive on the sale of goods : | |||
| Amount....... | |||||
| FOB value................................... | |||||
| Freight............................................................................. | |||||
| Insurance.......................................................................... | |||||
| Commission................................Rate.................................. | Currency............................................................................ | ||||
| Discount........................................................................... | Amount.............................................................................. | ||||
| Other Deductions................................................................. | |||||
| Is Export under L/C arrangements?Yes [] No [] | FOR CUSTOMS | ||||
| If yes, name of advising bank inIndia | Customs Assessable Value Rs. | ||||
| (Rs...................................................................... | |||||
| ...........................................................................) | |||||
| Bank through which payment is to be received | Export Value Verified | Customs Appraiser | |||
| Date of shipment | Customs Appraiser | ||||
| Whether payment is to be received through the ACUYes/No |
| SPACE FOR USE BY RESERVE BANK OFINDIA | ||
| EXCHANGE CONTROL DECLARATION (GR) FORM | Duplicate | |
| Exporter | Invoice No. & DateAR4/AR4A No. & DateQ/Cert No. & Date | SB No. & Date |
| Import-Export Code No.[***] [Omitted by G.S.R. 503(E), dated 30-10-1996] | ||
| Consignee | ||
| Export Trade Control | If export under | |
| Deferred Credit [ ]joint Ventures []Rupee Credit [] Others [] | ||
| Custom House Agent L/C No | ||
| Pre-Carriage by Vessel/Flight No. | Place of Receipt by Pre-CarrierRotation No. | RBI's Approval/Cir. No. & Date |
| Type of shipment: | ||
| OutrightSale[]Consignment Export []Others [](Specify) | ||
| PortofLoading | Nature of Contract : CIF []/C&F []/FOB [] Other (Specify) [] | |
| PortofDischarge | Country of Destination | Exchange Rate U/S 14 of CA Currency of invoice | |||
| S.No. | Marks& No. | No.& Kind of Pkgs. Container Nos. | Statistical Code & Description of Goods | Quantity | Value FOB |
| Net Weight | |||||
| Gross Weight | |||||
| Total FOB Value in words | |||||
| Analysis of Export Value | Currency | Full export value or where not ascertainable, the value which exporter expects to receive on the sale of goods : | |||
| Amount............................................................................ | |||||
| FOB value........................................................................ | |||||
| Freight............................................................................. | |||||
| Insurance.......................................................................... | |||||
| Commission................................Rate.................................. | Currency............................................................................ | ||||
| Discount........................................................................... | Amount.............................................................................. | ||||
| Other Deductions................................................................. | |||||
| Is Export under L/C arrangements?Yes [] No [] | FOR CUSTOMS | ||||
| If yes, name of advising bank inIndia | Customs Assessable Value Rs. | ||||
| (Rs. ..................................................................... | |||||
| ...........................................................................) | |||||
| Bank through which payment is to be received | Export Value Verified | Customs Appraiser | |||
| Date of shipment | Customs Appraiser | ||||
| Whether payment is to be received through the ACUYes/No |
| FOR AUTHORISED DEALER'S USE | |
| Indicate ( ) in the box applicable | Uniform Code Number ............. |
| * Date of* (i) negotiation/ (ii) receipt for collection ............................Bill No................. | |
| Type of Bill* (i) DA [ ]/(ii) DP []/(iii) Others [] ......................(Specify) | |
| Types of shipment: *(i) Firm Sale Withers []/ | |
| (ii) Consignment Basis []/(iii) Others [].......................... (Specify) | |
| The GR form was included in the Statement sent to the Reserve Bank with the R-Return for the fortnight ending...........................sent on ....................... | |
| We certify and confirm that we have received the total amount of .....................as under being the proceeds of exports declared on this form (Currency amount) |
| Date of receipt | Currency | Credit to Nostro Account in ....................... (Country) | Debit to NR Rupee Account of a Bank in...................... (Country) | Period of R-Return with which the realisation has been reported to RBI | ||
| In our name | In the name of* ........................... | Held with us | Held with* .......................................... | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| SPACE FOR USE BY RESERVE BANK OFINDIA | |
| EXCHANGE CONTROL (EXPORTER'S DECLARATION) ORIGINAL | |
| Form Number: | FORM: PP |
| [Please see'Notes to Exporters' overleaf) | (for RBI use) |
| 1. (a) Name of the Post Office ......................... | |
| (b) Number and date of Parcel Receipt.............................................. | |
| 2. Exporter's Name: ......................................................................... | ................... |
| 3. [ Import-Export Code No.] [Substituted by G.S.R. 503(E), dated 30-10-1006].......................................................... | ................... |
| 4. Buyer's/Consignee's Name and address: ...................................... | |
| 5. Country of destination: ................................................................. | ................... |
| 6. Nature of contract* (i) CIF/(ii) C&F/(iii) FOB/(iv) Others (Specify) ....................................................................................................... | ................... |
| 7. Date of despatch: ........................................................................ | |
| 8. Type of shipment* (i) OutrightSale/(ii) Consignment export/(iii) Others (Specify): .............................................................................. | |
| 9. Description of goods: ................................................................... | |
| 10. Quantity of goods: Unit: .....................Quantity:........................... | |
| 11. Currency of Invoice: | |
| [Tonne/Kilogram/Litre/Cubic Metre/Sq. Metre/Metre/Number/Others(Specify)] | |
| 12. Analysis of export value: | |
| ParticularsCurrencyAmount | |
| @Full Export value | |
| F.O.B. Value | |
| Freight | |
| Insurance | |
| !Discount(Rate ...................) | |
| !AgencyCommission (Rate.....) | |
| @ Where the full export value is not ascertainable, value expected on sale of goods in the overseas market may be shown. | |
| No application for permission for remittance/deduction from the declared value on account of a commission and/or discount will be entertained by the Reserve Ban[Or authorised dealer] [Inserted by G.S.R. 776(E), dated 27-12-1993]unless these have been declared on this form. | |
| (For Customs Use) | |
| Export value verified | |
| (Customs Appraiser) | |
| 13. Customs Assessable Value (Rupees) ......................................... | |
| 14. If the export is made under general permission of the Reserve Bank ofIndia, Number and date of its approval ............................... | |
| 15. If the export is made under L/C arrangements, name of advising bank ofIndia:.................................... | |
| 16. State if the payment is to be received through the Asian Clearing Union: *Yes/No................................ | |
| 17. Name and address of bank through whom payment is to be received ....................... |
| SPACE FOR USE BY RESERVE BANK OFINDIA | |
| EXCHANGE CONTROL (EXPORTER'S DECLARATION) | |
| DUPLICATE | |
| Form Number: | FORM: PP |
| [Please see 'Notes to Exporters' overleaf] | (for RBI use) |
| 1. (a) Name of the Post Office ............................................................ | |
| (b) Number and date of Parcel Receipt....... | |
| 2. Exporter's Name:............................................... | ................... |
| 3. [ Import-Export Code No.] [Substituted by G.S.R. 503(E), dated 31-10-1996]............................................................... | ................... |
| 4. Buyer's/Consignee's Name and address: ........................................ | |
| 5. Country of destination: .................................................................. | ................... |
| 6. Nature of contract* (i) CIF/(ii) C&F/(iii) FOB/(iv) Others (Specify) ....................................................................................................... | ................... |
| 7. Date of despatch: ......................................................................... | |
| 8. Type of shipment* (i) OutrightSale/(ii) Consignment export/(iii) Others (Specify): ....................................................................................... | |
| 9. Description of goods: ................................................................... | |
| 10. Quantity of goods: Unit: .....................Quantity:........................... | |
| 11. Currency of Invoice: | |
| [Tonne/Kilogram/Litre/Cubic Metre/Sq. Metre/Metre/Number/Others(Specify)] | |
| 12. Analysis of export value: | |
| ParticularsCurrencyAmount | |
| @Full Export value | |
| F.O.B. Value | |
| Freight | |
| Insurance | |
| !Discount(Rate ...................) | |
| !AgencyCommission (Rate.....) | |
| @ Where the full export value is not ascertainable, value expected on sale of goods in the overseas market may be shown. | |
| No application for permission for remittance/deduction from the declared value on account of a commission and/or discount will be entertained by the Reserve Bank[Or authorised dealer] [Inserted by G.S.R. 776(E), dated 27-12-1993]unless these have been declared on this form. | |
| (For Customs Use) | |
| Export value verified | |
| (Customs Appraiser) | |
| 13. Customs Assessable Value (Rupees) ......................................... | |
| 14. If the export is made under general permission of the Reserve Bank ofIndia, Number and date of its approval ............................... | |
| 15. If the export is made under L/C arrangements, name of advising bank ofIndia: .................................................................................. | |
| 16. State if the payment is to be received through the Asian Clearing Union: *Yes/No.............................................................................. | |
| 17. Name and address of bank through whom payment is to bereceived................................................ |
| Date of receipt | Currency | Credit to Nostro Account in ....................... (Country) | Debit to NR Rupee Account of a Bank in...................... (Country) | Period of R-Return with which the realisation has been reported to RBI | ||
| In our name | In the name of* ..................... ..................... | Held with us | Held with* .......................................... | |||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
1. Please ensure that the columns on the face of the PP Form have been completed by the exporter and that they have been duly authenticated by the Postal authorities wherever necessary.
2. On receipt of the full export value of the shipment declared on this form, the authorised dealer will forward to the Reserve Bank this duplicate copy of the form together with a copy of the Customs certified Shipper's Invoice, duly certified. In respect of shipments made on consignment basis, the Account Sales received from the consignee in original in support of the proceeds actually realised should also be forwarded along with this copy of the form.
3. In case the net amount received falls short of the full export value declared on the form for reasons other than deduction of bank charges, please indicate the authority conferred on the authorised dealers by or under the Exchange Control manual or the Authorised Dealer's Circular or Circulars, as the case may be, or the Reserve Bank of India's approval number and date for reduction.
SPACE FOR USE BY RESERVE BANK OF INDIAFORM VP/CODSerial No. .................................EXCHANGE CONTROLDECLARATION REQUIRED FROM EXPORTER BEFORE SENDING GOODS BY POST ON VP/COD BASIS TO COUNTRIES OUTSIDE INDIA OTHER THAN NEPAL AND BHUTANNotes (i) This form should not be pasted on the parcel.1. Exporter's name
2. [2. Import-Export Code No.] [Substituted by G.S.R. 503(E), dated 30-12-1996]
3. Name and address of consignee:
4. Country of destination
5. Currency of invoice
6. Customs assessable value (Rupees)
7. Description of goods
8. Quantity of goods
| Tonne | Kg. | Litre | Cubic Metre | Sq. Metre | Metre | Number (Please specify) | Others |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
9. Analysis of export value
| Particulars | Currency | Amount |
| Full export value | ||
| *Discount (Rate.................................................) | ||
| *Agency Commission(Rate ................................) |
| Group | Manner of realization |
| (1) All countries other than those listed under (2) below | (a) Payment in any freely convertible foreign currency, i.e., a currency that is permitted by the rules and regulations of the country concerned to be converted into major reserve currencies like US dollar, Pound Sterling, Deutsche Mark, Japanese Yen and for which a fairly active market exists for dealings against the major currencies.(b) Payment in rupees from the account of a bank situate in any country in this Group. |
| (2) Member countries in the Asian Clearing Union (exceptNepal), viz.,Bangladesh,Myanmar, Islamic Republic of Iran,PakistanandSri Lanka. | (a) Payment for all eligible current transactions in Indian Rupees or Asian Monetary Unit (AMU) or in the currency of the participating country in which the other party to the transaction is residentor(b) Payment in any freely convertible foreign currency in all other cases.][***] [Fourth and Fifth Schedules omitted by G.S.R. 776(E), dated 27-12-1993 ] |
1. Please complete all columns in the application form. Write N.A. where not applicable.
2. If the space provided in the form is not sufficient, the required information may be given in an Annexure duly numbered and attached to the form.
3. The form, duly completed by the foreign national, should be submitted to the Reserve Bank of India in Quadruplicate alongwith his current passport. If, however, the foreign national is not in India at the time of completion of this form, his passport should, be submitted to the Reserve Bank for verification within fifteen days of his arrival in India.
| 1. (i) Full name of the applicant | (i) |
| (ii) Address | (ii) |
| (a) Present | (a) |
| (b) Permanent | (b) |
| (iii) Nationality | (iii) |
| (iv) Academic/professional qualifications | (iv) |
| 2. Particulars of current passport | |
| (i) Passport number | (i) |
| (ii) Date of issue | (ii) |
| (iii) Place of issue | (iii) |
| (iv) Issued by | (iv) |
| (v) Country of residence as stated in the passport | (v) |
| (vi) Country of birth | (vi) |
| (N.B.-In case you have in the past held a passport of any other country, please furnish full particulars, including the name of the issuing authority) | |
| 3. Particulars of visa (where necessary) obtained by the applicant for his entry intoIndia | |
| (i) Visa number | (i) |
| (ii) Type of visa(e.g. Business, Tourist, etc.) | (ii) |
| (iii) Issued by | (iii) |
| (iv) Date of issue | (iv) |
| (v) Period of validity | (v) |
| 4. Whether the applicant is already resident inIndia; if so, since when and the purpose for which he has been staying in the country. | |
| 5. If the permission is required for practising any profession inIndia, please state - | |
| (i) Nature of the profession | (i) |
| (ii) Place where the profession is to be practiced | (ii) |
| (iii) Duration of stay inIndiafor practising the profession | (iii) |
| (iv) Estimated monthly/annual earnings | (iv) |
| (v) Approximate amount proposed to be remitted abroad periodically out of the earnings inIndia, stating whether the remittances will be made on a monthly basis or otherwise. | (v) |
| 6. If the permission is required for carrying on any occupation, trade or business inIndia, please state - | |
| (i) Nature of occupation/trade/business | (i) |
| (ii) Place where the occupation/trade/business will be carried on | (ii) |
| (iii) Whether the Reserve Bank's approval has been obtained under section 29 of the Foreign Exchange Regulation Act, 1973 to carry on the trading/ business activity; if so, give the number and date of approval | (iii) |
| (iv) Initial capital /working funds required to carry on the occupation/trade/business stating the source from which the funds will be provided | (iv) |
| (v) Estimated monthly/annual earnings | (v) |
| (vi) Approximate amount proposed to be remitted abroad periodically out of the earnings inIndia, stating whether the remittances will be made on a monthly basis or otherwise. | (vi) |
| 7. Whether the applicant has made any remittances in the past fromIndia.If so, give details of the last such remittance including particulars of Reserve Bank's approval, if any, obtained therefore. | |
| 8. If the applicant is already inIndiaand maintains an account with a local bank, give number and date of Form Q.A22 covering the amount |