Govt. to Amend Foreign Exchange Regulations Act 1947

Kiran Malik

23 May, 2024

The Foreign Exchange Regulations Act (FERA) of 1947 is a crucial law that governs foreign exchange transactions in India. The act was passed by the Indian government to regulate foreign exchange transactions and to prevent the illegal use of foreign currency. However, since its inception, the act has undergone several amendments to make it more relevant to the changing economic scenario. In 2015, the Indian government introduced the Foreign Exchange Management Act (FEMA) to replace FERA. Nonetheless, FERA still remains a relevant law, and the Indian government is now proposing further amendments to it. In this blog, we will discuss the proposed amendments to the Foreign Exchange Regulations Act (FERA) of 1947.

Background of Foreign Exchange Regulations Act

The Foreign Exchange Regulations Act of 1947 was introduced to regulate the foreign exchange market in India. The primary objective of the act was to prevent the illegal use of foreign currency and to protect the Indian economy from the negative impact of foreign exchange transactions. The act was enforced until 1991 when it was replaced by the Foreign Exchange Regulation Act (FERA).

FERA was replaced by the Foreign Exchange Management Act (FEMA) in 1999. FEMA was enacted to provide greater flexibility and simplification in foreign exchange transactions. The act also aimed to promote foreign investment and to boost the Indian economy. Since then, FEMA has been the primary law that governs foreign exchange transactions in India.

Proposed Amendments to Foreign Exchange Regulations Act

The Indian government is proposing further amendments to the Foreign Exchange Regulations Act (FERA) of 1947. The proposed amendments are aimed at simplifying the foreign exchange regulations and to make it easier for foreign investors to invest in India. The amendments also aim to reduce the compliance burden on businesses and to make the process of foreign exchange transactions more efficient. Some of the key proposed amendments are discussed below:

1. Rationalization of penalties:
   One of the major proposed amendments to FERA is the rationalization of penalties. The current penalty structure under Foreign Exchange Regulations is quite stringent, and the penalties for non-compliance are quite severe. The proposed amendment aims to rationalize the penalty structure and to make it more proportionate to the nature of the violation.
   Under the proposed amendment, the government plans to introduce a penalty matrix that will be based on the nature of the violation. The penalty matrix will include both monetary and non-monetary penalties, and the severity of the penalty will be based on the severity of the violation.
2. Liberalization of foreign investment:
   The proposed amendment also aims to liberalize foreign investment in India. Currently, the foreign investment regime in India is quite restrictive, and foreign investors face several restrictions on investment. The proposed amendment aims to remove these restrictions and to make it easier for foreign investors to invest in India.
   Under the proposed amendment, the government plans to simplify the foreign investment regime and to remove the restrictions on foreign investment. The government also plans to allow foreign investors to invest in sectors that were previously closed to them. The proposed amendment will help to attract more foreign investment in India and to boost the Indian economy.
3. Simplification of compliance requirements:
   Another key proposed amendment is the simplification of compliance requirements. Currently, the compliance requirements for foreign exchange transactions are quite complex, and businesses face several compliance burdens. The proposed amendment aims to simplify the compliance requirements and to reduce the compliance burden on businesses.
   Under the proposed amendment, the government plans to simplify the compliance requirements and to make it easier for businesses to comply with the regulations. The government also plans to introduce a single-window clearance system that will simplify the process of obtaining approvals for foreign exchange transactions.
4. Introduction of settlement mechanism:
   The proposed amendment also aims to introduce a settlement mechanism for foreign exchange transactions. Currently, there is no formal settlement mechanism for foreign exchange transactions, and businesses face several difficulties in settling foreign exchange transactions. The proposed amendment aims to introduce a settlement mechanism that will simplify the process of settling foreign exchange transactions.
   Under the proposed amendment, the government plans to introduce a settlement mechanism that will be based on the principles of efficiency, transparency, and fairness. The settlement mechanism will be designed to simplify the process of settling foreign exchange transactions and to reduce the time & cost involved in settling these transactions.
5. Promotion of digital transactions:
   The proposed amendment also aims to promote digital transactions in the foreign exchange market. Currently, most foreign exchange transactions in India are done in cash, which makes the process of foreign exchange transactions quite cumbersome. The proposed amendment aims to promote digital transactions and to make the process of foreign exchange transactions more efficient.
   Under the proposed amendment, the government plans to promote digital transactions and to create a framework that will encourage businesses to adopt digital modes of payment. The government also plans to introduce a system that will allow businesses to make cross-border payments using digital modes of payment.

Potential Benefits of the Proposed Amendments

The proposed amendments to the Foreign Exchange Regulations Act (FERA) of 1947 have the potential to bring several benefits to the Indian economy. Here are some benefits of the proposed amendments:

1. Easing the Process of Doing Business
   The current foreign exchange regulations are quite complex and pose significant challenges for businesses operating in India. The proposed amendments aim to simplify compliance requirements and to reduce the compliance burden on businesses. As a result, this will make it easier for businesses to operate in India and to invest in the country.
2. Boosting Foreign Investment
   Foreign investment is critical to the growth and development of the Indian economy. The proposed amendments are aimed at making it easier for foreign investors to invest in India. The amendments will simplify the process of investing in India and will reduce the time and cost involved in investing in the country. This is expected to attract more foreign investment in the Indian economy and to boost economic growth.
3. Promoting Digital Transactions
   The proposed amendments also aim to promote digital transactions in the foreign exchange market. This will simplify the process of foreign exchange transactions and reduce the time and cost involved in settling these transactions. The government plans to create a framework that will encourage businesses to adopt digital modes of payment and to introduce a system that will allow businesses to make cross-border payments using digital modes of payment.
4. Attracting Foreign Investment in the Manufacturing Sector
   The Make in India initiative aims to boost domestic manufacturing and make India a manufacturing hub. The proposed amendments are expected to attract more foreign investment in the manufacturing sector and to boost domestic manufacturing. This will help to achieve the objectives of the Make in India^[1] initiative and to promote economic growth.

Potential Concerns Regarding the Proposed Amendments

While the proposed amendments to FERA are expected to have a positive impact on the Indian economy, there are some concerns regarding the amendments. Here are some of the potential concerns:

1. The Impact on the Indian Economy
   One concern regarding the proposed amendments is that they may make it easier for foreign investors to repatriate profits out of India. This may have a negative impact on the Indian economy. The Indian government must ensure that the amendments strike a balance between making it easier for foreign investors to invest in India and protecting the interests of the Indian economy.
2. The Impact on Small Businesses
   Another concern is that the proposed amendments may have a negative impact on small businesses. Small businesses may find it difficult to comply with the new regulations, which may create a barrier to entry for them. The Indian government must ensure that the amendments do not create unnecessary barriers to entry for small businesses and that they promote a level playing field for all businesses.
3. The Implementation of the Amendments
   The success of the proposed amendments to FERA depends on their effective implementation. The Indian government must ensure that the amendments are implemented effectively and that they achieve the desired objectives. The government must also ensure that the amendments are enforced consistently across the country.

Conclusion

The proposed amendments to the Foreign Exchange Regulations Act (FERA) of 1947 are significant and are expected to have a positive impact on the Indian economy. The amendments are aimed at simplifying the foreign exchange regulations and making it easier for foreign investors to invest in India. The government must ensure that the amendments strike a balance between making it easier for foreign investors to invest in India and protecting the interests of the Indian economy. If implemented effectively, the proposed amendments have the potential to boost the Indian economy and to make India a more attractive destination for foreign investment.

Also Read: Overview of Foreign Exchange Management (Overseas Investment) Regulations 2022