www.skpcrossborder.com March 13, 2004
Your eye to India-centric and International updates
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The Reserve Bank takes more steps towards capital account convertibility

Though a small step towards capital account convertibility, the Reserve Bank of India (RBI) is slowly but surely making the dream a reality. The RBI has finally notified the liberalised remittance scheme, which allows individuals to send up to US $ 25,000 overseas a year. A statement issued by the RBI said that under this facility resident individuals will be free to acquire and hold immovable property or shares or any other asset outside India, without prior RBI approval.

All that is required is that the applicant should furnish his income tax Permanent Account Number (PAN) and confirm to the bank that the funds being remitted are his own.

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 RBI. This account can be used for putting through all transactions arising from eligible remittances.

This facility is in addition to those already available for private and business travel, gift remittances, donations, studies, medical treatment for which residents can remit sizeable amounts in foreign currency. The only pre-condition is that this facility cannot be used for remittance for any transaction prohibited or restricted under the Foreign Exchange Management Act (FEMA).

 
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With this new change, an average Indian citizen can do (albeit up to US $ 25,000) what, till recently, only a Foreign Institutional Investor (FII) or Non-resident Indian (NRI) was allowed i.e. capital account convertibility existed only for NRIs and FIIs. An NRI can open a foreign currency or a rupee bank account and freely sell its properties and securities in India to take back the money. Similarly, a portfolio fund manager can enter the stock and bond market at any point and pull out whenever he feels. While all an Indian could do was park the dollar bills after a foreign travel in a zero-interest account.

The announcement may be driven by the need to create a demand for the dollar, which is sliding against the rupee. Though it is capital account convertibility in a limited way, it is a landmark in the exchange control liberalisation programme.

While there is no problem in remitting funds to the developed world, this facility cannot be used to send funds to countries identified as non-co-operative, by the Financial Action Task Force (FATF) - a global money-laundering watchdog set up by the Organisation for Economic Co-operation and Development (OECD). The current list of non-co-operative countries includes Cook Islands, Egypt, Guatemala, Indonesia, Myanmar, Nauru, Nigeria, Philippines and Ukraine. Besides these countries, the RBI has also kept Bhutan, Nepal, Mauritius and Pakistan outside this facility.

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Customs Departments getting more technology savvy

Like developed countries, India is now reducing manual scrutiny and is implementing a computer-based random cargo (by sea) clearance system, based on risk management modules (RMMs). 7Customs will henceforth concentrate on shippers they find suspicious, instead of treating all shippers at par.

Random cargo checking, as proposed in the recent mini-budget, is now being helped by indigenously developed computer software. The risk management module, currently on a trial run at Mumbai’s air-cargo complex, is aimed at tracking down ‘sensitive’ consignments, with the help of existing data and risk profile of shippers, destinations and type of cargoes.

According to senior custom officials, currently up to 50% of import consignments that are heading to sensitive areas in the Middle East and Singapore are checked. But checks are limited to 5-10% on imports to non-sensitive destinations in the European Union. Generally if the duty drawback is high, and the consignment is going to a sensitive destination, then there are higher chances that customs will scrutinise the cargo.

The new system will soon be implemented at all customs bases with local alterations. Around 95% of customs documents are now filed online, with the help of the recently introduced Ice-gate - a net-based documentation system. The department currently follows a three-tier system for filing documents. One can do it manually, or get a floppy to the filing centre, or through the internet.

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