II.
Liberalised Remittance Scheme of USD 25,000 for Resident
Individuals
.As
a step towards simplification and liberalization of the foreign exchange
facilities available to residents, it has been decided that resident
individuals may freely remit up to USD 25,000 per calendar year for any
purpose for which a Scheme has been formulated as detailed below:
2.
Eligibility
All resident individuals are
eligible to avail of the facility under the scheme. The facility will not be
available to corporates, partnership firms, HUF, Trusts, etc.
3. Purpose
3.1 This facility is available for making
remittance up to USD 25,000 per calendar year for any current or capital
account transactions or a combination of both.
3.2 Under this facility, resident individuals
will be free to acquire and hold immovable property or shares or any other
asset outside India without prior approval of the Reserve Bank. Individuals
will also be able to open, maintain and hold foreign currency accounts with
a bank outside India for making remittances under the scheme without prior
approval of Reserve Bank. The foreign currency account may be used for
putting through all transactions connected with or arising from remittances
eligible under this scheme.
3.3 It is further clarified that the facility
under the scheme is in addition to those already available for private
travel, business travel, gift remittances, donations, studies, medical
treatment etc as described in Schedule III of Foreign Exchange Management
(Current Account Transactions) Rules, 2000. (Annexure B).
3.4 The remittance facility under the scheme
is not available for the following:
i)Remittance for any purpose specifically prohibited under Schedule-I
(like purchase of lottery/sweep stakes, tickets proscribed magazines etc)
or any item restricted under Schedule II of Foreign Exchange Management
(Current Account Transactions) Rules, 2000. (Annexure B).
ii)Remittances made directly or indirectly to Bhutan, Nepal, Mauritius
or Pakistan.
iii)Remittances made directly or indirectly to countries identified by
the Financial Action Task Force (FATF) as “non co-operative countries and
territories” viz Cook Islands, Egypt, Guatemala, Indonesia, Myanmar, Nauru,
Nigeria, Philippines and Ukraine.
iv)Remittances directly or indirectly to those individuals and entities
identified as posing significant risk of committing acts of terrorism as
advised separately by the Reserve Bank to the banks.
4. Remittance Procedure
Requirements to be complied with
by the remitter
4.1 To avail of this facility, the individual
will have to designate a branch of an AD through which all the remittances
under the scheme will be made.
4.2 The
resident individual seeking to make the remittance should furnish an
application letter cum declaration in the format as indicated in Annexure–A
regarding the purpose of the remittance and declaration that the funds
belong to the remitter and will not be used for the purposes as detailed
above.
Requirements to be complied with
by the Authorised Dealers
4.3While allowing the facility to resident
individuals, Authorised Dealers are required to ensure that the "Know
Your Customer" Guidelines have been implemented in respect of these
accounts. They should also comply with the Anti-Money Laundering Rules
in force while allowing the facility.
4.4The applicants should have maintained
the bank account with the bank for a minimum period of one year prior to the
remittance. If the applicant seeking to make the remittance is a new
customer of the bank, Authorised Dealers should carry out due diligence on
the opening, operation and maintenance of the account. Further the AD should
obtain bank statement for the previous year from the applicant to satisfy
themselves regarding the source of funds. If such a bank statement is not
available, copies of the latest Income Tax Assessment Order or Return filed
by the applicant may be obtained.
4.5 The AD should ensure
that the payment is received out of funds belonging to the person seeking to
make the remittance, by a cheque drawn on the applicant's bank account or by
debit to his account or by Demand Draft / Pay Order.
4.6 Authorised dealer
should certify that the remittance is not being made directly or indirectly
by /or to ineligible entities and that the remittances are made in
accordance with the instructions contained herein.
5.Reporting
of the transactions
The remittances made under this Scheme will be
reported in the R-Return in the normal course. The ADs may also prepare and
keep on record dummy Form A2, in respect of remittances exceeding USD 5000.
Authorised Dealers may arrange to furnish on a quarterly basis, information
on the number of applicants and total amount remitted to the Chief General
Manager, External Payment Division, Foreign Exchange Department, Reserve
Bank of India, Central Office, Mumbai-400001.