Basic Compliances in FEMA (Foreign Exchange Management Act
FEMA governs all foreign exchange transactions in India. It is essential for companies and individuals involved in foreign exchange to comply with FEMA regulations. Key compliances include:
Importers
- Import Documentation: Maintain accurate documentation for all imports, including invoices, shipping documents, and customs clearance forms.
- Payment for Imports: Ensure that payments for imports comply with the limits set under FEMA, and payments should typically be made in convertible foreign exchange.
- Import Declaration: File an Import Declaration with the Customs Department at the time of import to ensure compliance with regulations.
- Reporting Requirements: If an importer receives foreign investment, they must report this to the Reserve Bank of India (RBI) using the appropriate forms (e.g., FC-GPR).
- Foreign Exchange Management: Ensure that all foreign exchange transactions related to imports are executed through authorized dealers.
- Compliance with Customs Regulations: Abide by customs regulations, including the payment of applicable duties and taxes.
- Advance Payment for Imports: If making advance payments, ensure compliance with guidelines regarding the maximum amount and documentation required.
Exporters
- Export Documentation: Maintain proper documentation for all exports, including export invoices, packing lists, and shipping bills.
- Realization of Export Proceeds: Ensure that export proceeds are realized within the specified period (usually within nine months from the date of export).
- Reporting Requirements: Exporters must report their export transactions to the RBI using the specified formats (e.g., Export Declaration Form) and ensure compliance with the Foreign Exchange Management (Export of Goods and Services) Regulations.
- Utilization of Export Proceeds: Ensure that the proceeds from exports are utilized in accordance with FEMA regulations, and repatriate any amounts to India within the prescribed time.
- Foreign Exchange Accounts: Maintain any foreign currency accounts in compliance with RBI regulations if necessary.
- Customs Compliance: Ensure compliance with customs regulations for the clearance of exported goods.
- Goods and Services Tax (GST): Comply with GST regulations applicable to exports, including zero-rated supply provisions.
General Compliance Considerations
KYC Norms:
Both importers and exporters must ensure compliance with Know Your Customer (KYC) norms as required by financial institutions.
Foreign Direct Investment (FDI):
- FDI regulations need to be followed based on sectoral caps and entry routes (automatic or approval).
- Reporting of FDI to the Reserve Bank of India (RBI) must be done in Form FC-GPR (for equity instruments) or FC-TRS (for transfer of shares) within specified timeframes.
Overseas Direct Investment (ODI):
- Investments made by Indian entities in foreign businesses require adherence to ODI guidelines.
- Reporting of ODI through Form ODI and maintaining compliance with limits and sectoral requirements is important.
Liberalized Remittance Scheme (LRS):
- Individuals sending money abroad under LRS (up to USD 250,000 per year) must ensure transactions are for permissible purposes like education, travel, and gifts.
- Banks facilitating remittances need to monitor LRS usage for FEMA compliance.
Reporting and Documentation:
- Every foreign exchange transaction must be reported to the RBI as per the regulatory framework, often through the Authorized Dealer Banks (ADs).
- Non-compliance can result in penalties, fines, or legal action under FEMA.
