Syllabus
Syllabus
Syllabus
FOREIGN EXCHANGE
CHAPTER – I
NON RESIDENT DEPOSITS
FEMA 1999 (Foreign Exchange Management Act 1999) came into effect from
01/06/2000, replacing FERA (Foreign Exchange Regulation Act)
NRI is an Indian, holding Indian Passport and (1) who has gone abroad for gainful
Employment, Business or Vocation or any other purpose for an indefinite period of
stay (2) who is working abroad on assignments with Foreign Govts., Govt. /
International/ Regional Agencies (3) who is deputed abroad from Govt. or PSU on
temporary assignment and (4) Students going abroad for studies.
PIO / NRIO (Person of Indian Origin / Non Resident of Indian origin) is a person
(1) who was holding Indian Passport any time earlier (2) whose parents / grand
parents were Indian citizens and (3) spouse of the above. All facilities available for
NRI are applicable to PIO/NRIO.
Authorised Dealers are now called as Authorised Persons
Authorised Persons are classified into 4 categories
AD Category I are Commercial Banks, State and Urban Coop Banks
Ad Category II are Coop Banks, RRBs Upgraded Full Fledged Money Changers,
others
AD Category III are Select Financial Institutions and others
FFMCs – Full Fledged Money Changers are Postal Dept, Urban coop Banks not
included under Category I and other FFMCs
Non Resident Indians, Persons of Indian Origin (Non Resident of Indian origin)
can open NRO,NRE,FCNR (B) a/cs. NRI can open account with resident close
relatives with Former or Survivor clause.
Under SB they can open NRO & NRE a/cs.
Under Term deposits they can open NRO,NRE AND FCNR a/cs.
RD can be opened in NRO & NRE only.
NRO / NRE a/cs are maintained in Indian rupees
Proceeds of DD/banker’s cheques issued against encashment of foreign currency
can be credited to the NRE account of an NRI, where the instruments are
supported by Encashment certificate issued by AD cat I and II Banks. ( IO Cir
39/08 )
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FCNR (B) deposits – can be opened in USD, GBP ,EUR, CAD, AUD
FCNR (B) FDR – Min 1 year, Max 5 years.
FCNR (B) KDR – Min 1 year 1 day, Max 5 years
FCNR (B) deposits – closure before 1 year – No interest
FCNR (B) deposits – closure before maturity after 1 year – eligible interest for the
period run minus 1%
FCNR (B) deposits shall be renewed from the date of maturity, if done within 14
days. The ROI will be the rate on date of maturity or on the date of renewal for the
renewed period, which ever is lower.
Renewal after 14 days shall be treated as fresh deposit.
ROI for broken period – 1 month LIBOR as on date of maturity or on date of
renewal , whichever is less, minus 0.50 %, rounded off to lower 0.25 %
Proceeds of closed FCNR (B) deposits can be remitted abroad to the depositor or
even to third parties with the consent of the depositor (IO Cir 52/07). However,
Proceeds of closed NRE deposits cannot be remitted to third parties abroad.
Procedure to be followed by branches for Renewal of NRE/NRO/FCNR deposits
against which loan liability is still outstanding. (IO Cir 18/10) - The period of loan
should not exceed the unexpired period of deposit. If the depositor requests to
renew the deposit, as well as the loan, against such deposits, in such case, fresh
loan may be granted against the renewed deposit and with the amount of the fresh
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loans, the existing loan liability may be cleared. Branches to obtain fresh loan
papers for the new loan granted.
FCNR can be opened in other foreign currencies like DKK, HKD, JPY, SGD, SEK,
CHF in which our bank maintains position after getting permission from our Intl
Division, Mumbai who will conduct a feasibility study on receipt of any request from
customers (Cir 98/2011).
FCNR (B) Deposits - ROI fixed on monthly basis basing on the LIBOR/SWAP rates
prevailing on last day of previous month.
EEFC –only Current a/c can be opened by Foreign Exchange Earners and
Recipients of Inward remittances, in five currencies viz., USD, GBP, EUR , AUD
and CAD
EEFC accounts permitted to be opened in CAD also. Earlier only
USD/GBP/EUR/AUD permitted.
ALL FOREX earners can keep 100 % of their earnings, export realizations in
EEFC a/cs.
EEFC/DDA/RFC (D) account holders are allowed to retain 100% of future foreign
exchange earnings in their EEFC/DDA/RFC(D) accounts subject to the condition
that the sum total of the accruals in the account during a calendar month should be
converted in to Rupees on or before the last day of the succeeding calendar month
after adjusting for utilization of the balances for approved purposes or forward
commitments.
SEZ developers are allowed to open, hold and maintain and can credit 100 % of
their FOREX earnings in EEFC a/c. (IO Cir 73/09)
Minimum initial deposit – 100 in each currency
Non cheque book accounts under EEFC – no minimum balance concept to be
stipulated and no service charges for non maintenance of minimum balance to be
levied.
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Funds in EEFC can be utilized for all bonafide payments of the a/c holder abroad
in connection with Trade & Business related transactions, Hotel, Medical, air fare
and Educational expenses.
EEFC funds can be utilized for clearing PC/FDB/FBE liabilities, subject to
conditions.
RFC – NRI/PIO who has returned to India for permanent settlement, can open SB,
CA and Term Deposits (excluding RD) in USD, GBP, EUR, CAD & AUD.
Minimum 100 units in each currency for RFC SB– For earning Interest in SB Min
1000 in each currency
Minimum 1000 units in each currency for RFC CA and Term Deposits.
RFC Term deposits – Min 1 month - Max 3 years. For one week to less than one
month deposit, minimum USD 2,50,000/
RFC Term Deposits - Before maturity closure - 1 % Penal cut from ROI for period
run.
RFC funds can be repatriated for bonafide purposes / utilized for local payments.
RFC Domestic – Resident Indians who are recipients of Foreign Exchange
received for Services/ honorarium /gifts and unspent Foreign Exchange – can open
only current a/c.
Minimum – 1000 units in USD, GBP & EURO.
RFC Domestic funds can be used for local disbursements and for payment of
current and capital account transactions as per FEMA.
Currency declaration form (CDF) is to be submitted by the person encashing, if the
person is bringing USD currency 5000 or its equivalent in other currencies or
Foreign Currency and FCTC, both put to-gether exceeds USD 10,000 or its
equivalent in other currencies.
Encashment certificate can be issued on Bank’s letter head irrespective of amount.
A Resident Individual can freely remit up to USD 2,50,000 per Financial Year
under Liberalised Remittance Scheme.
If an NRI, on temporary visit to India, produces an encashment certificate with
Rupee funds, it can be credited to his NRE account.
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CHAPTER II
EXPORTS
===========
Importer Exporter Code NO. (I E CODE NO.) is issued by DGFT and every
Exporter/Importer shall obtain the same.
Packing Credit Advance can be granted for procuring raw materials, processing,
manufacturing, storing and shipping of goods.
PC shall be granted after obtaining OPL on the buyers.
PC to be granted against Export Orders/ LCs, secured by goods meant for goods.
Waiver of Production of Export Orders/LCs can be considered on merits, subject to
conditions.
Running account facility under Packing Credit can be permitted to good track record, S1,
S2 parties for all commodities.
Exporter should not be in the Caution List of RBI.
Exporter’s name should not be in the Specific Approval List (SAL) of ECGC.
Export is not to a Listed country of ECGC
Goods should not be in the Negative List (Trade Policy 2015-20).
PC can be granted initially upto operating cycle period and can be extended upto 180
days by reviewing authority and by further 90 days if need be , by only by DGM/GM of
Circle.
PC can be granted for a period up to 270 days at concessional ROI
Ultimately, if Export takes place within 360 days, beyond 270 days, ROI will be ECNOS
(Base rate+ 5.0%)
Branches granting Packing credits shall report to ECGC within 30 days of sanction.
Automatic cover is available for limit up to 1 crore FOR S1, S2 PARTIES and New
parties irrespective of limit. This limit is called as Discretionary limit. Beyond this limit
ECGC’s prior approval is necessary.
For sub-standard, doubtful, loss assets Prior approval is necessary, irrespective of the
amount.
For accounts slipped from Standard, prior approval is necessary irrespective of the
amount.
Fresh limits/renewals/enhancements/reduction of limits and extension of PC period upto
360 days shall be reported to ECGC.
Extension of PC period beyond 360 days requires ECGC’s prior permission.
ECGC Premium: ECIB (WTPC) – 6 Paise per 100 per month.
E
CIB (WTPS) – 4.50 Paise per 100 per month.
PC Liability can be cleared out of proceeds of Export bills. It can also be cleared from
EEFC or Domestic sources, provided Shipment has taken place.
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Under running account facility, First Debit will be wiped out by First Credit, (FIFO
method) without correlating corresponding shipments.
PCFC (Packing Credit in Foreign Currency) can be availed in USD, GBP and EUR with
a minimum of USD 10,000, in multiples of USD 1000 or its equivalent in other foreign
currencies.
ROI for PCFC- Composite ROI – LIBOR + 3.50 %
For PCFC/BRD, OPE is to be collected at (IO 14/2007)
A] Rs. 500 for every fresh PCFC and BRD disbursement.
B] Rs. 250 on conversion of PCFC to BRD
Post–shipment Credit is the finance granted after the shipment, in the form of Purchase,
Discount and Negotiation of Bills, viz FDB, FBE against confirmed Orders/ LCs
If PCFC is availed, Post shipment credit is permitted through BRD
But BRD can be permitted to all parties if they prefer, irrespective of non availment of
PCFC.
Export control forms are GR, SDF, PP form and SOFTEX
GR/SDF forms can be down loaded online (IO Cir 23/09)
If bills are drawn under LC, Documents shall be as per terms of LC. Prime Bank LCs are
preferred.
Banks listed by International Chamber of Commerce, Branches of Public Sector Banks
and SBI abroad, and all our correspondent banks are known as Prime Banks
While Negotiating bills under LC, precautions to be taken – LC should not be restricted
to any other bank
LC should not be expired – and sufficient Balance should be available.
Documents should be as per terms of LC
Bill of Lading is not stale (i.e., B/L should not have completed 21 days, from the date of
shipment.)
Marine Insurance shall be covered from the date of Shipment.
Payment Under Reserve, if discrepant documents are submitted for negotiation.
Reduction in Invoice value, not to exceed 25 % of the Invoice value subject to conditions.
(IO 25/07)
RBI has permitted the Export Bills to be realized within a maximum period of 09 months
from the date of shipment.
Export bills, if not paid on due dates, shall be delinked on the 15 th day from the due date,
at TT selling rate.
Excess or shortfall on delinking shall not be passed on to the exporter.
If Exporter prefers, Export bill can be delinked even before 15th day after the due date.
For reporting in XOS, the earlier period of 6 months from the date of shipment is
reckoned, to treat the bill as over due.
Export bill liability can be wiped out from the proceeds of any other bill realization of the
exporter.
Export bill Liability can also be wiped out from the proceeds of Collection bill also.
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But, GR/ SDF forms shall be released only on actual realization of the respective bills.
ECNOS rate is Base Rate + 5.00%.
Foreign Currency ECNOS is 12 Months LIBOR + 6.5 %
ECGC covers Political and Commercial risks.
ECGC premium for ECIB(WT-PC) cover is 6 paisa per hundred on the average daily
product.
Premium amount along with details of a/cs covered shall be submitted to ECGC office on
or before 7th of the succeeding month.
Forward Contracts booked on the basis of declaration of exposures by Importers/ Exporters
and based on past performance, in excess of 75 % of the eligible limit shall be on
deliverable basis and cannot be cancelled
Automatic Cancellation of forward contracts shall be done on the 3rd working day, after
the maturity date by an AP (AD).
FX/24/2013 – Forward contract matured – cancellation on 3rd working day after maturity
date by the bank if customer fails to provide any instructions prior to that day. (Earlier it
was 7th working day).
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CHAPTER III
IMPORTS
Letter of Credit is defined as, a set of Instructions given by the Importer (buyer/opener),
to his Banker ( opening Bank),
conveyed to the seller (exporter/beneficiary),
through another banker (advising Bank) in seller’s country,
undertaking to pay a certain sum of money to the beneficiary against delivery of
specified documents
on or before a specified date.
Documentary Credits (LCs) are governed by UCP 600 which came into effect from
01/07/2007
UCP 600 removed Revocable LC category
Different types of LCs are – Irrevocable, Transferable, Confirmed, Revolving
(Circular), Restricted, Red clause, Green clause, Back to back
The Terms of Irrevocable LC cannot be changed without the consent of all the parties
concerned.
Transferable LC can be transferred in part or full, to another. But, Transferee cannot
further transfer to someone. He can only retransfer to the original beneficiary.
Confirmed LC provides reimbursement to the negotiating bank in the same country,
from the confirming bank without recourse. But, the documents should not have any
discrepancy.
Revolving LC Provides, Replenishment of the value of LC, once the previous bill
drawn to the full value of LC is paid and the number of times of replenishments would
be mentioned in the LC.
Restricted LC means, that LC can only be negotiated by the bank named in the LC
Red clause LC permits the beneficiary to avail advance upto a certain value of LC from
the negotiating bank, pending submission of documents. That clause would be printed
in RED ( in Air Mail LCs). This LC is almost not in use.
Green Clause LC provides facility of getting advance from negotiating bank, when
goods are stored in Customs godown for want of vessel to effect shipment.
Back to back LC is an ILC issued on behalf of Original exporter in favour of
Manufacturer, with the same specifications of the merchandise as detailed in ELC.
INCOTerms2010 (International Commercial Terms) effective from 01/01/2011, are
trade delivery terms like FOB, C&F, CIF etc.,
Precautions to be observed when opening FLC
Opening of Letter of credit is governed by
1. Credit Guidelines
2.FEMA Regulations
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At the time of remitting Import value, obtaining Form A1 from Importer has been
dispensed with.
Bill of Entry is a declaration filed by the Importer and certified by the Customs
authorities that the goods for which remittance was made have actually been imported
into India.
In case of Sight bills, Exchange Control copy of Bill of Entry is to be submitted by the
Importer to APs within three months from the date of payment.
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In case of Usance bills, EC copy of BOE should be submitted, on or before due date of
payment. If there are genuine reasons for delay, same should be submitted within a
reasonable time, not Exceeding 3 months from the date of remittance.
In case of Advance remittances for other than capital goods, BOE should be submitted
within a period of 6 months and 15 days.
In case of Advance Remittance for Capital goods, BOE should be submitted within a
period of 3 Years and 15 days.
Periodicity of submission of BEF statement to RBI is June and December furnishing
details of Imports which exceeds USD 1 lakh and BOE not submitted as required.
BEF statement shall be submitted to RBI within 15 days from the due date.
If documents are drawn at sight (DP- documents against payment), Import documents
are released on Payment.
If documents are drawn on usance (DA – documents against acceptance) basis, Import
documents are released against acceptance.
If documents are drawn on usance - DP basis, ( i.e., DA but against payment) , Import
documents has to be released on payment of bill amount only. In this case, the Importer
gets time to make payment of Import bill..
Delinking of an Import Bill – If an sight Import bill is not retired within 10 days, it
shall be delinked on 10th day from the date of FD covering schedule, by reporting Sale.
The Usance bill shall be delinked on the due date by reporting Sale, if it is not paid by
Importer.
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CHAPTER IV
REMITTANCE
INWARD REMITTANCE –
FITT voucher shall be issued within 2 working days (Saturday will not to be treated as
working day) from the date of receipt of Payment order.
Inward remittance up to USD 10000 or its equivalent in other currencies shall be credited
to the beneficiary’s account within 2 working days from the date of receipt of remittance
advice from abroad.
If not credited as above, compensation for delay, by way of Interest @ 2 % above the
SB rate is payable, provided the payment order is authenticated and contains full details
of beneficiary.
And, if Exchange rate moves adversely, the difference between the TT buying rates
prevailing as at 12 Noon on the day on which the amount is due for credit and at 12
noon on the date of actual payment, is payable to the beneficiary of inward remittance.
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OUTWARD REMITTANCE
Resident individuals can now remit up to USD 250,000 in a Financial year for any
permitted capital or current a/c transactions (Scheme is called LRS).
Remittances for immigration, education abroad and medical treatment may be
permitted up to the limit specified above, without insisting on any supporting
documents, but on the basis of a self declaration incorporating the basic details of the
transaction and submission of form A-2. More than the above limit can be remitted for
these purposes if documentary proof is produced.
Release of Foreign Exchange for Studies Abroad - Eligible persons: i) students holding
Indian passport.
ii) Students holding foreign passport who are dependent on their parents residing in India.
Application TRS for release of exchange and FEMA declaration
Exchange up to USD 250,000 pa or estimates from the institution abroad, per academic
year, whichever is higher.
Exchange may be released for a period not exceeding one year at a time, in one or more
installments as requested by the student/guardian.
Exchange can be released for further period on production of documentary evidence to
show that the student is continuing studies abroad.
Deposit towards advance tuition fees/maintenance may be remitted if insisted by the
overseas institution. Student to give an undertaking that in case he does not join the course,
he would obtain the admissible refund and repatriate it to India.
Exchange to be released – (IO CIR 42/2010) Foreign Currency in USD 3000 or its
equivalent in other currencies. Balance by FDD / FOTT/ FCTC/TRAVEL CARD. can be
issued in the name of the student / the educational institution, as desired by the applicant
Students proceeding to Iran/ Russia/CIS, entire exchange may be released entirely in the
form of currency notes for one year.
Students proceeding to Iraq or Libya , up to USD 5000 may be released in the form of
currency notes for one year
Any Indian Resident traveling abroad may take outside India or may bring into India Indian
currency notes of GOI and RBI upto an amount not exceeding INR 25,000/- per person.
For issue of FCTCs – no commission on AMEX TCs.
For release of foreign exchange where the value exceeds IRS 50,000 and above, debit
should be to the account of the student or accept crossed cheque / DD / Pay order in favor
of the bank.
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PURCHASE :
TT Buying : For paying Inward TTs/DDs drawn on us for which cover
funds received in our Nostro A/c and realisation of
collection Export Bills
Cancellation of forward sale contract.
Cancellation of FDD/FTT issued by our bank.
For converting interest/proceeds into INRs of FCNR/RFC/EEFC accounts.
For encashing personal cheques, International Money Orders, Cashier
Cheques and DDs payable abroad.
Bills Buying : For purchasing/negotiating an Export sight bill (direct)
Submitted under a contract or LC.
T C Buying : For encashment/purchase of travellers cheques from clients
and tourists. No charges to be
collected.
Currency Buying: For encashment of currency notes, no charges to be collected.
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KYC and AML- Policy and Procedure to be observed for undertaking Money
changing transactions
POLICY :
Money laundering can be called a process by which money or other assets obtained as
proceeds of crime are exchanged for clean money or other assets with no obvious link to
their criminal origins.
Production of CDF should be invariably insisted wherever the FOREX encashment exceeds
the prescribed limits.
For encashment of foreign currency notes to resident Indians who do not hold passport
other valid documents can be accepted.
In all cases of sale of foreign exchange irrespective of the amount involved for
identification purpose the passport of the customer should be insisted. Payment in excess of
Rs.50, 000/-towards sale of foreign exchange should be received only by account payee
cheque/demand draft.
For encashment of foreign currency notes and /or Foreign currency travelers cheques in
excess of USD 200 and up to USD 2000 or its equivalent, the photocopies of the
identification document should be maintained for one year and till the completion of the
statutory audit of the branch/office
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- Speedcash arrangement with SAMBA has been terminated with effect from 1 st April
2010.
However, Rupee Drawing Arrangement under SAFE Draft of SAMBA shall continue. (I O
Cir 35/10- Box Item)
FCTC
Parties to Travellers cheques – 1. Issuing bank/ company, 2. Selling bank / company,
3. Holder – the person who buys TCs,
4. Encashing bank/ commercial establishment
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Clean USD instruments payable in USA are collected through Wells Fargo Bank /Bank of
America (earlier it was done through Deutsche Bank). Preferred collection service (PCS)
for USD 2001 to USD 250,000. If proceeds are invested in FCNR deposit for a minimum
period of one year, Bank has to absorb Collection Charges.
Remittance in any form towards participation in lottery schemes, money circulation
schemes, other fictitious offers of cheap funds etc are prohibited under the Foreign
Exchange Management Act, 1999.( I O Cir 47/10 )
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MISCELLANEOUS
Nostro Account- An account maintained by a India based bank with a Bank abroad In the
currency of that country.
Vostro Account- An account maintained by a foreign Bank with a Bank in India in Indian
rupees.ORO Account – PNB is having an account with Bank of America, Newyork and
State Bank wants to refer that account while dealing with BOA , Newyork, it will refer
the said account as LORO account.
Mirror Account- Copy of Nostro account maintained in their books of a bank in India
Arbitrage- A foreign Currency is quoted in different rates in different Centres. Banks may
sell or purchase FCs in different centres to take advantage of the difference in rates. Such
operations are called Arbitrage Transactions.
Forfeiting- When an Exporter transfers his right to receive payment due to him to another
without recourse, the operation is called Forfeiting and the Transferee is called Forfeiter.
Foreign Exchange Reserve – comprising of Foreign currency assets, SDRs, Gold, Reserve
Tranche with IMF.
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Non-resident Indian (NRI) and PIO can acquire immovable property in India other than
agri land , farm house, plantation property
Remittance of Salary- Relaxation.( I O Cir 06/2010) RBI has now advised relaxation in
crediting salary of a Citizen of Foreign State, resident in India being an employee of
Foreign Company or a Citizen of India, employed by a foreign company outside India
and in either case on deputation to office/branch/subsidiary/joint-venture in India can
remit their salary Net of Income tax in India with out any ceiling.
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FOREX
IMPORTANT CHANGES DURING 2013/ 2014/2015/2016/2017
FX/08/2017 – ODI prohibited for Financial Action Task Force (FATF) countries.
HO CIR 565/2017 – Delegation of Power for waiver of Lloyds clause and SGS
Certificates while opening FLC.
Branch powers : Lloyds Clause waiver : Rs. 50 lacs. SGS Clause waiver : Rs. 100 lacs.
Circle Head powers : Lloyds Clause waiver: Rs. 100 lacs. SGS Clause waiver: Rs.200
lacs.
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FX/34/2016 - Pre-payment of import bills before 3-4 days from due date permitted.
FX/74/2016 – NRO account – Joint holding with resident – only on “Former or Survivor”
basis.
FX/91/2016 – FDDs delinking to be done on completion of nine months from the date of
issue – guidelines.
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FX/23/2015 Submission Form A1 dispensed with. Banks to devise their own forms.
FX/10/2015- An individual can carry to Nepal and Bhutan Indian Currency Notes up to a
limit of Rs 25000/-.
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FX 131/2014 – EEFC account can now be opened in US Dollars (USD), Pound Sterling(
GBP),EURO (EUR),Australian Dollars (AUD) and Canadian Dollars (CAD)
FX/105/2014- Forward contract booked based on underlying contract, can be booked for
15 days beyond maturity of the underlying import Transaction or month end , whichever is
later.
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FX/116/2013 – RBI discontinues the facility of refinancing the existing ECB by raising
fresh ECB at a higher all in cost w e f 01.10.2013.
FX/24/2013 – Forward contract matured – cancellation on 3rd working day after maturity
date by the bank if customer fails to provide any instructions prior to that day. (Earlier it
was 7th working day).
CASIO : Canara Signature Images Verification On Line – a new web page in “SAS”
package – for verifying signatures of Exchange Houses officials under Rupee Drawing
Arrangement (RDA) (Cir 134/2012).
EEFC/DDA/RFC (D) account holders are allowed to retain 100% of future foreign
exchange earnings in their EEFC/DDA/RFC(D) accounts subject to the condition that the
sum total of the accruals in the account during a calendar month should be converted in to
Rupees on or before the last day of the succeeding calendar month after adjusting for
utilization of the balances for approved purposes or forward commitments.
As per RBI guidelines, the foreign nationals employed in India holding valid visa are
eligible to maintain resident accounts with Banks. The account should be closed when
they leave the country for permanent reasons (Cir 191/2011).
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