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The Foreign Exchange Management Act of 1999 (FEMA) provides for a compounding process. Section 15 of FEMA provides that any contravention under section 13 of FEMA can be compounded within 180 days from the date of an application by the person who has committed such contravention. The compounding of contravention is done by the officers of the Reserve Bank of India (RBI) as may be authorized in this regard by the Central Government. Compounding means the process of voluntarily admitting the contravention and seeking redressal. It is the process of seeking regularization of an admitted contravention. The benefits of the compounding process are that no proceedings are initiated, so it saves time and energy and also ensures transparency. Section 13 (1) of FEMA, which prescribes the compounding process, makes an application by the contraven or to RBI to initiate the compounding process. In simple terms, compounding requires voluntary disclosure of the contravention to the RBI. The application should be made by the contraven or as soon as he becomes conscious of the contravention.
The Framework for compounding includes:
External Commercial Borrowings (ECB) are loans raised by eligible resident entities from recognized foreign entities. ECB compounding process can arise in the following cases:
The Application Process for the ECB Compounding Process
In addition to the above, the following documents are to be furnished:
Pre-requisite of ECB Compounding Process
Under the ECB Regulations, a fixed amount of INR 10,000/- is applied once for every contravention. On top of the fixed amount, a variable amount is imposed. The computation matrix of the variable amount is prescribed as follows:
The contravention of delay in filing Form ECB and Form ECB 2 are treated separately. An application for compounding of contravention is not required to be filed in case of delay in filing Form ECB and Form ECB-2. The delay can be regularized by payment of Late Submission Fees (LSF).
The ECB application and compounding process is similar to the compounding process of any other contravention under section 13 of the FEMA. Certain additional documents are required to be furnished as prescribed under Annexure to the Master Circular. Further, there are certain exceptions under which the contravention can be regularized by depositing a certain fee. So it can be concluded that the compounding process promotes quick resolution of irregularities and contraventions.
Read our Article: Compounding of Contraventions under FEMA, 1999
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