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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES

OUTWARD FX
REMITTANCES

DOCUMENTS TO BE
SUBMITTED
A REFERENCE
GUIDE

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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES

OUTWARD FX REMITTANCES
DOCUMENTS TO BE SUBMITTED - A REFERENCE GUIDE

INDEX
PURPOSE OF REMITTANCE S.No.

A: TRAVEL RELATED REMITTANCES


Business visits A1
Medical Treatment A2
Private visit / Basic Travel Quota A3
Studies Abroad A4
Maintenance expenses of a patient going abroad for medical check-up etc. A5
Maintenance expenses of attendant accompanying to a patient going abroad
for medical check-up etc. A6

B: TRAINING RELATED REMITTANCES


Participation in international conference/ training B1
Specialised Training (Airline Companies for their pilots etc) B2
Accommodation charges incurred for trainees abroad (Airline
companies arranging for accommodation with some hotels on
regular basis) B3

C: SHIPPING / AIRLINE REMITTANCES


Remittance of Net Remittable Surplus (Foreign
shipping companies ) C1
Remittance of Surplus Passage / Freight (Foreign
Airline Companies) C2
Remittance by Multimodal TransportOperators to their
Overseas agents C3
Remittance of Freight Prepaid on Inward Consolidation
by Air or by Sea C4
Remittance of Break-Bulk agents remuneration on Consolidation of
Outward Sea / Air Cargo C5
Remittance of Demurrage C6
Payment of Freight in Foreign Currency by Indian Exporters/
Importers Airline/ Shipping Companies to their Agents in India C7

D: MEDIA REMITTANCES
Advertisement on T V Media D1
Advertisement in Print Media Abroad (Except State Government and its
Public Sector Undertakings) D2
Advertisement on Periodicals / Magazines etc D3

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E: TOUR OPERATOR’S REMITTANCES


Remittances on account of Consolidated Tour arrangement
for foreign tourist visiting neighbouring countries E1
Claims against Indian Tour Operators / Travel Agent E2
Remittance towards cost of hotel reservation / passes/ tickets /
Against Tie-up arrangements. E3

F: REMITTANCES AGAINST SERVICES RENDERED


Maintenance / Annual Service charges for Imported Machinery/
Software etc : F1
Remittance of consulatancy service F2
Remittance of support services against agreement (Airline Pilots) F3
Short Term engagement of foreign nationals by Indian Firms/Companies F4
Registration charges for Patents / Trade Marks F5
Electronic Data base costs / computer connect / time charges/ hit charges F6
Feasibility/ Pre-feasibility studies for projects in India F7
Feasibility studies for projects abroad F8
Fees for certification F9

G: PERSONAL REMITTANCES
Employment abroad G1
Emigration G2
Gift Remittance G3
Donations G4
Remittance for maintenance to close relatives abroad by foreign nationals
who are in regular employment of Indian Firms/ companies G5
Salary credit to the foreign currency accounts abroad of a foreign national
who are on deputation to the office, branch in India. G6

H: OTHER REMITTANCES

Remittance of Dividend H1
Refund of Income-tax of Non-Resident Firms/ Companies H2
Hospitality to Foreign National H3
Remittance of Royalty & Technical fees H4
Remittance of Insurance Premium by MTO H5
Remittance of repairs of machinery / APU, spare parts of Aircraft etc : H6
Bids in Foreign Currency for Projects to be executed in India H7
Consular fees H8
Remittances of artiste e.g. wrestler, dancer, entertainer etc.
engaged by hotels in five star categories. H9
Engagement of overseas coaches / trainers H10
Remittance of Profit of a branch H11
Remittance of surplus on completion of the Project H12
Agency commission on Exports H13
Refund of Export proceeds H14
Remittance of current income from NRO account H15
Remittance of Legal fees H16

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Royalty by Indian Music Company for reproduction of copyright


music recorded by Overseas Company H17
Joint Venture / Wholly Owned subsidiary H18
Opening of Representative Office / posting of representative H19
Approval for setting up of International Call Centre H20
Remittance of License fees H 21
Remittance towards reinsurance fees H 22
Remittance of living expenses of employees on deputation abroad of
software companies H 23
Entry fee for International advertising festival H 24
Remittance of export claims H 25
Transponder fees H 26
Remittances to foreign Courier Companies H 27
Remittance of current income of NRIs who do not maintain an NRO account
in India H 28
Remittance of insurance premium towards general insurance policies taken
by units located in Special Economic Zones H 29
Remittance for purchase of shares under Employees Stock Option Scheme H 30

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A: TRAVEL RELATED REMITTANCES

A 1. Business visits :

Documents required :
a) Clients letter, indicating name, address, passport number of the traveler and debit authority
b) Form A2
c) FEMA declaration
d) Clients declaration to the effect that amount of remittance does not exceed USD 25000/-
per visit.

Limit : USD 25000.00


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 8


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8.

A 2. Medical Treatment :

Documents required :
a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Form TRM 1
d) Hospital / Doctors estimate or Doctors certificate in form TRM2
e) Copy of passport and confirmed Airticket.
f) FEMA declaration

Limit : As per the estimate of doctor in India or hospital / doctor abroad.


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 9


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 9

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A 3. Private visit / Basic Travel Quota :

Documents required :

a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Copy of passport and confirmed Airticket.
d) FEMA declaration
e) A declaration to the effect that the remittance amount does not exceed USD 5000.00 for the
calendar year.
f) BTQ form

Limit : USD 5000.00 per calendar year


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 2


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 2.

A 4. Studies abroad :

Documents required :
a) Letter indicating name, address, passport number of the applicant, details of college /
institution and debit authority
b) Declaration in from TRS
c) Form A2
d) Original certificate in support of educational qualification
e) College / Institution prospectus, syllabus in original giving details of course fee etc.
f) Copy of passport and confirmed Air ticket.
g) FEMA declaration

Limit :Estimate of Institute or USD 30000.00 whichever is higher


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 10


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 10.

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A 5. Maintenance expenses of a patient going abroad for medical check-up


etc.

Documents required :

a) Letter indicating name, address, passport number of the applicant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Form TRM1
d) Hospital / Doctors estimate or Doctors certificate in form TRM2
e) Copy of passport and confirmed Airticket.
f) FEMA declaration

Limit : USD 25000/-


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 8


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8.

A 6. Maintenance expenses of attendant accompanying to a patient


going abroad for medical check-up etc.

Documents required :
a) Letter indicating name, address, passport number of the attendant, country/hospital details
of medical treatment, beneficiary bank details and debit authority
b) Form A2
c) Copy of Form TRM1 submitted by patient
d) Copy of passport and confirmed Airticket of the attendant.
e) FEMA declaration

Limit : As per the estimate of doctor in India or hospital / doctor abroad.


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 9


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 9.

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B: TRAINING RELATED REMITTANCES

B 1. Participation in international conference / training

Documents required :
a) Clients letter, indicating name, address, passport number of the traveler, duration and
nature of visit to each country, beneficiary bank details and debit authority
b) Form A2
c) Clients declaration to the effect that amount of remittance does not exceed USD 25000.00
per person.
d) Copy of the brochure
e) FEMA declaration

Limit : USD 25000.00


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 8


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8.

B 2. Specialised Training (Airline companies for their pilots etc )

Documents required :

a) Clients letter, indicating name, address, passport number of the traveler, duration and
nature of visit to each country, beneficiary bank details and debit authority
b) Clients declaration to the effect that amount of remittance does not exceed USD 25000.00
per person.
c) Form A2
d) Statement giving the details of name of the pilots etc training hours, rate, total amount duly
signed by the customer.
e) DGCA Approval
f) FEMA declaration

Limit :USD 25000.00


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 8


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8.

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B 3. Accommodation charges incurred for trainees abroad (Airline


companies arranging for accommodation with some hotels on regular basis)

Documents required :

a) Clients letter, indicating purpose of remittance, beneficiary bank details and debit authority
b) DGCA approval for training
c) Copy of letter / correspondence for training
d) Declaration to the effect that the remittance of hotel accommodation charges are on
account of training to the pilots and amount of remittance does not exceeds USD 25000.00
inclusive of training cost of training per person.
e) Form A2
f) Statement giving the details of invoice no. name of the participant, period amount and
passport no.
g) Consolidated invoice / separate invoice indicating the name of the individual / Room
details.
h) FEMA declaration

Limit : USD 25000.00


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 8


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8.

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C: SHIPPING / AIRLINE REMITTANCES

C 1. Remittance of Net remittable surplus : (Foreign shipping


companies)

Documents required :

a) Copy of agency agreement ( One time till expiry date)


b) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
c) Certified copy of the Voyage account / Disbursement account.
d) Freight manifests in support of freight collections reported in column 4 of form SPM2
e) Export Tally sheet certified by the surveyors in respect of export cargo
f) Bill of lading in respect of Freight Collected on Imports on charges collected basis
g) Documentary evidence in support of other receipts in column 5 of form SPM 2
h) An undertaking from the foreign principal that they will repatriate the excess amount
remitted, if found inadmissible during the scrutiny of the statement by the RBI.
i) A certificate from the Local Agent that all the expenses related to the concerned
voyages have been accounted for and recovered from the freight collections and that
Bank certificates have been enclosed where passage fare / freight is required to be
received in Foreign Currency.
j) Auditors certificate in respect of Freight Collections and Provision made for Taxes and
Government Liabilities etc.
k) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
l) Form A2
m) Form SPM2
n) Declaration regarding ineligible and other charges not included in the freight amount
furnished for the purpose of remittance
o) FEMA declaration

Reference :Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

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C 2. Remittance of Surplus Passage/ Freight (Foreign Airline Companies)

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Agency agreement (One time till expiry date)
c) RBI permission to carrying on their commercial activity in India ( One time till expiry
date)
d) DGCA approval (in case of off-line carriers)
e) No objection / Tax Clearance certificate from ITA in original or Undertaking / certificate
(in duplicate) regarding payment of Income Tax in the prescribed form (‘form’ provides
for auditors certificate)
f) Form A2
g) Form SPM1
h) FEMA declaration

Reference : Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

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C 3. Remittance by Multimodal Transport Operators (MTOs) to their


Overseas Agents

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Copy of Registration Certificate issued by the Director General of Shipping (One time till
expiry date)
d) Invoice / Debit Note from Overseas agent
e) Non negotiable copy of Multimodal Transport Document as approved by DGS
f) Proof on carriage – Bill of Lading, Railway Receipt, Transport / lorry receipt / invoice
alongwith sector tariff card/ evidence of the rates having been decided prior to shipment /
on carriage, receipt from the transporter in case of Inland waterways.
g) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
h) Declaration from the exporters about freight paid (if the MTD is prepaid) and / or the terms
of payment of Terminal Handling charge of transhipment / discharge port
i) Statement in form CAS
j) FEMA declaration
k) Agency agreement (one time till expiry)

Reference : Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

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C 4. Remittance of Freight Prepaid on Inward Consolidation of Cargo by


Air or by sea

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Agency Agreement (One time)
c) Chartered Accountant Certificate to the effect that the amount of remittance applied for has
been verified with reference to copy of prepaid Master Airway Bill / Master Bill of Lading
together with the original relative House Airway Bill / House Bill of Lading as also cargo
manifests and invoices from overseas consolidators and had been found correct.
d) A statement in form CAS.
e) FEMA declaration
f) Form A2
g) Form BBI

Reference : Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

C 5. Remittance of Break-Bulk agents remuneration on Consolidation


of Outward Sea/ Air Cargo
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Agency Agreement (One time)
c) Chartered Accountant Certificate to the effect that the amount of remittance applied for has
been verified with reference to break bulk agents debit notes and invoices, copy of Master
Airway Bill / Master Bill of Lading together with the original relative House Airway Bill /
House Bill of Lading as the case may be.
d) A statement in form CAS
e) Declaration from importer in form DIC.
f) FEMA declaration
g) Form A2
h) Form BBX 1 and Form BBX 2
i) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)

Reference : Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

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C 6. Remittance of Demurage
Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority

b) Sale contract
c) Charter Party Agreement (in the cases when in the sale /purchase agreement there is a
specific reference of Charter Party Agreement)
d) Notice of readiness
e) Lay time statement / statements of facts or
f) Survey report
g) Work sheet for demurrage calculation
h) Copy of bill of lading
i) Certified copy of Bill of entry (in respect of Imports)
j) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)

Reference : Paragraph 7 v. of Annexure I to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

C 7. Payment of Freight in Foreign Currency by Indian Exporters/


Importers Airline/ Shipping Companies to their Agents in India

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Copy of Airway Bill/ Bill of Lading
c) Form A2
d) FEMA declaration

Restriction : Remittance by the debit of clients EEFC account.

Reference : Paragraph 3 i. and v. of schedule to Notification No.FEMA 10/2000-RB


dated 3rd May 2000.

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D: MEDIA REMITTANCES

D 1. Advertisements on TV Media :

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Copy of agency agreement ( one time till expiry date)
c) Form A 2
d) I) Chartered Accountants certificate to the effect that applicant exporter satisfies the
criteria of having export earning of more than Rs. 10 lakhs during each of the
preceeding two years.
(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)
II) and the advertisement for which foreign exchange is being remitted will be
broadcast by the foreign television company in foreign countries and not in India
alone.
e) Original final bill/invoice from the overseas TV company along with their confirmation
that the advertisement has already been telecast on their media.
f) No objection / Tax clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income – Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration

Additional documents in case of Agents

h) Chartered Accountants certificate on the summary sheet stating that this amount
has not yet paid and still outstanding in the books of clients account.

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule III, Item 13


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 13.
A.P. (DIR Series) Circular No. 44 dated 14.05.2002

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D 2. Advertisement in Print Media Abroad (except State Government and its


Public Sector Undertakings) :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Invoice/ bill from overseas publisher
d) Clippings of the advertisements
e) Undertaking / Certificate (in duplicate) regarding payment of Income – Tax in the
prescribed form (‘form’ provides for auditors certificate)
f) In case of advertisements released by State Govt.Dept. / undertakings approval letter from
the Ministry of Finance (Dept of Economic Affairs) Govt Of India , New Delhi should be
called for.
g) FEMA declaration

Additional document : In case of Agents of foreign print media

A statement indicating how the net remittable amount has been arrived at duly certified by a
Chartered Accountant.

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

D 3. Advertisement in Periodicals / Magazine etc.

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority
b) Form A2
c) Invoice/ bill from overseas publisher
d) Clippings of the advertisements
e) Undertaking / Certificate (in duplicate) regarding payment of Income – Tax in the
prescribed form. (‘form’ provides for auditors certificate)
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000

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E: TOUR OPERATOR’S REMITTANCES

E 1. Remittances on account of Consolidated Tour Arrangements for


foreign Tourists Visiting Neighbouring Countries :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Invoice / statement showing the details of remittance received
d) Statement in form CTA
e) Original FIRC
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000

E 2. Claims against Indian Tour Operator / Travel Agent :

Documents required :
a) Clients letter, indicating the purpose of remittance, (indicating the reason for refund)
beneficiary bank details and debit authority
b) Invoice or claim letter
c) Original FIRC
d) FEMA declaration
e) Form A 2

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000

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E 3. Remittances towards cost of hotel reservation/passes /tickets/ tour


against tie-up arrangement :

Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Copy of the tie-up agreement with foreign service providers (one time – till validity)
c) Form A2
d) Statement showing the details of remittable amount
e) FEMA declaration
f) A declaration from the client to the effect that the remittance is being made out of the
foreign exchange purchased by the concerned traveller from an authorised person
(including exchange drawn for private travel abroad) in accordance with the Rules,
Regulations and Directions in force.

Reference : Paragraph A 9 toA.P.(DIR Series) Circular No.19 dated 30.10.2000


Para A9 Part II of Master Cir. No.EC.CO.PCD No.17/15.02.76/2001
-02 dated 13.08.02

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F: REMITTANCES AGAINST SERVICES RENDERED

F 1. Maintenance / Annual Service Charges for Imported Machinery /


Software etc:
Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2.
c) Invoice from the overseas company indicating the amount of charges, nature of services
rendered and description of machinery / equipment / software imported.
d) Copy of contract / agreement
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f. Documentary evidence to ensure that the machinery / equipment / software has been
actually imported into India.(Bill of entry etc)
g) FEMA declaration
h. Client’s declaration to the effect that the machinery / software not covered under any
warranty / guarantee period.

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

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F 2. Remittance of consultancy service :


Documents required :

a) Clients letter, indicating the purpose of remittances, nature of consultancy rendered,


beneficiary bank details and debit authority
b) Form A2
c) Invoice
d) Copy of contact / correspondence
e) Client’s declaration to the effect that the remittance is not exceeded USD 100,000.00 per
project.
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration

Limit : USD 100,000/- per project


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account)

Reference : FEMA-GOI-Notification G.S.R 381 (E) Schedule II, Item 15.


A.P.(DIR Series) Cir.No.29 dated 31.03.2001
Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 15.

F 3. Remittance of support services (agreement) : (Air line pilot)

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority.
b) Copy of the agreement
c. Statement of support services rendered
d. Form A2
e. Passport copies of pilots
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

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F 4. Short Term Engagement of Foreign Nationals by Indian Firms/


Companies :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Form EFT
d) Copies of Passport
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular


No.11 dated 16.05.2000.

F 5. Registration charges for Patents / Trade Marks :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Documentary evidence in support of such fees.
d) FEMA declaration

Reference : Paragraph 6 of Annexure 1 A.D.(M.A.Series) Circular No.11


dated 16.05.2000.

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F 6. Electronic Data base costs / Computer connect /time charges / hit


charges:

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice / debit notes.
d) FEMA declaration

Reference : Paragraph 6 of Annexure 1 A.D.(M.A.Series) Circular No.11


dated 16.05.2000.

F 7. Feasibility / Pre-feasibility studies for projects in India :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice
d) Certified copy of the invoice / correspondence
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
f) Undertaking from the client that they have complied with the provisions of R & D Cess act
1986.
g) Confirmation from the applicant that the assignment has been completed.
h) Client’s declaration to the effect that the remittance is not exceeded USD 100,000.00 per
project.
i) FEMA declaration

Limit : USD 100,000/- per project


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account)

Reference :FEMA-GOI-Notification Schedule III, Item 15


A.P.(DIR Series)Cir.No.29 dated 31.03.2001
Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 15.

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F 8. Feasibility Studies for Projects Abroad :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of the contract / correspondence
d) Invoice
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate
f) Confirmation from the applicant that the assignment has been completed.
g. Client’s declaration to the effect that the remittance is not exceeded USD 100,000.00 per
project.
h) FEMA declaration

Limit : USD 100,000/-


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account)

Reference : FEMA-GOI-Notification G.S.R.381(E) Schedule III, Item 15


A.P.(DIR Series)Cir.No.29 dated 31.03.2001
Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 15.

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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES

F 9. Fees for certification :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Invoice from the overseas acredited agency indicating details of products(s) fees payable
for certification.
d) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES

G: PERSONAL REMITTANCES

G 1. Employment abroad :

Documents required :

a) Letter, indicating name, address, passport number of the applicant and debit authority
b) Form A2
c) Original copy of letter of appointment received from the overseas organisation.
d) Copy of passport and confirmed Air-ticket
e) FEMA declaration

Limit : USD 5000.00


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 5


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 5

G 2. Emigration :

Documents required :
a) Letter indicating name, address, passport number of the applicant, country of emigration,
beneficiary bank details and debit authority
b) Form A2
c) Documentary evidence in support of emigration.
d) Copy of passport and confirmed Air-ticket.
e) FEMA declaration

Limit : USD 5000.00 or amount prescribed by country of emigration


(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)

Reference : FEMA-GOI-Notification G.S.R.381(E)Schedule III, Item 6


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 6

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G 3. Gift remittance :

Documents required :

a) Letter, indicating the purpose of remittances, beneficiary relation,bank details and debit
authority
b) Form A 2
c) Form REM
d) Declaration to the effect that the amount does not exceed USD5000.00.
d) FEMA declaration

Limit : USD 5000.00

Reference : FEMA-GOI-Notification G.S.R.381(E) Schedule III, Item 3


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 3

G 4. Donations :

Documents required :
a) Letter, indicating the purpose of making gift, name address of the and activities of the
organisation, beneficiary bank details and debit authority
b) Form A 2
c) Documentary evidence such as brochure indicating the activities of the organisation.
d) Declaration from the client that the amount does not exceeded USD 5000.00.
e) FEMA declaration

Limit : USD 5000.00

Reference : FEMA-GOI-Notification G.S.R.(381 E.) Schedule III, Item 4


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 4

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G 5. Remittances for maintenance to close relatives abroad by Foreign


Nationals who are in regular employment of Indian Firms/
Companies :

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Clients declaration to the effect that the employee concerned is in regular employment and
the said remittance does not exceed the net salary.
d) FEMA declaration
e) Copy of passport and employment visa (one time basis)

Limit : Not exceeding net salary

Reference : FEMA-GOI-Notification G.S.R. (381 E) Schedule III, Item 7


Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 7.

G 6. Salary credit to the foreign currency accounts abroad of a foreign national


who are on deputation to the office / branch in India. :

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Form A2
c) Clients declaration to the effect that
(I) employee concerned is in regular employment and the said remittance does not
exceed 75 percent of the salary
(II) remaining salary paid in rupees in India
(III) income tax is paid on the entire salary
d) FEMA declaration
e) Copy of passport and employment visa (one time basis)

Limit : 75% of salary

Reference : Regulation 8 of Notification No. FEMA 34/2001-RB dated 22.01.2001


A.P. (DIR Series) Circular No.28 dated 30.03.2001.

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H: OTHER REMITTANCES

H 1. Remittance of Dividend :
Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority
b) Form A2
c) Form RCD 1 duly filled and signed
d) Form RCD 2 duly filled and signed
e) RBI approval for issuing shares (does not prohibit the remittance of dividend).
f) Copy of audited balance sheet and profit and loss account for the year to which dividend
relates.
g) Certified copy of Annual General Meeting of the company declaring the dividend.
h) FEMA declaration

Reference : Regulation 11 of Notification No. FEMA 20/2000-RB dated 03.05.2000

H 2. Refund of Income-tax of Non-resident Firms/ Companies.

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Original assessment order and copy of the Income – tax return for the corresponding
assessment year.
c) Confirmation from the authorised dealer through whom the income tax refund order has
been encashed that the proceeds of the refund order have been received.
d) Source (in details) of funds from which tax was originally paid.
e) FEMA declaration
f) Form A2

Reference : Paragraph 6 of Annexure 1A.D.(M.A.Series) Circular No.11


dated 16.05.2000.

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H 3. Hospitality to Foreign National

Documents required :

a) Clients letter, indicating the purpose in detail of remittances, beneficiary bank details and
debit authority.
b) Copies of passport.
c) Form A2
d) Documentary evidence.
e) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

H 4. Remittance of Royalties / Technical fees :


Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and
debit authority
b) Form A 2
c) Agreement copy
d) Reserve Bank of India approval
e) Auditors certificate in form TCK / TCR
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate)
g) FEMA declaration

Reference :FEMA-GOI Notification G.S.R. (381 E) Schedule III. Item 14


Master Cir.EC.CO.PCD.No.17/15.02.76 /2002-02 dated 13.08.2001
Schudel III, Item 14.

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H 5. Remittance of Insurance Premium by MTO

Documents required :

a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority
b) Form A2
c) Original Invoice
d) Form MTR
e) NOC from General Insurance Corporation.
e) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

H 6. Remittance of repairs of machinery / APU, spare parts of Aircraft etc.:

Documents required :

a) Clients letter, indicating the purpose of remittances, nature /description of repairs,


beneficiary bank details and debit authority.
b) Documentary evidence of export of spare parts ( AWB /BL – with indication of GR
waiver)
c) Documentary evidence of import ( Bill of entry).
d) Original Invoice.
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
f) FEMA declaration
g) Form A2

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

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H 7. Bids in Foreign Currency for Projects to be executed in India :


Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of government authorisation for bidding procedure.
d) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

H 8. Consular fees :

Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) A certificate on Form A2 by the remitting mission.
“We hereby certify that the remittance represents visa fees / other consular collections made by
us and the amount so far remitted during the year is Rs……. The remittance during the
previous year viz……. Aggregated Rs……
d) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

H 9. Remittances of artiste e.g. wrestler, dancer, entertainer etc.


engaged by hotels in five star categories.

Documents required :
a) Clients letter, indicating the purpose of remittances, beneficiary bank details and debit
authority.
b) Copy of agreement / correspondence.
c) Original Invoice.
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form

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(‘form’ provides for auditors certificate).


e) FEMA declaration
f) Form A2

Restriction : Remittance allowed only by the debit to clients EEFC account

Reference : FEMA-GOI-Notification G.S.R. (381 E) Schedule III, Item I


Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item I

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H 10. Engagement of overseas coaches / trainers :

Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of contract / agreement / correspondence.
d) Invoice
e) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated


16.05.2000.

H 11. Remittance of Profit of a branch :

Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RBI approval for opening a branch office
d) Certified copy of the audited balance sheet and profit and loss account for the relevant year
e) Chartered Accountant certificate certifying
1) the manner of arriving at the remittable profit,
2) that the entire remittable profit has been earned by undertaking the permitted
activities, and
3) the profit does not include any profit on revaluation of the assets of the branch.
f) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
g) FEMA declaration

Reference : Regulation No.7. Notification No.FEMA 22/2000-RB dated 03.05.2000.

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H 12. Remittance of surplus on completion of the Project :

Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RBI approval for opening a project office
d) Certified copy of the final audited project accounts
e) Chartered Accountant certificate showing the manner of arriving at the remittable surplus.
f) Income-tax assessment order or either documentary evidence showing payment of income-
tax and other applicable taxes, or a Chartered Accountant’s certificate stating that sufficient
funds have been set aside for meeting all Indian tax liabilities: and
Auditor’s certificate stating that no statutory liabilities in respect of the Project are
outstanding.
g) FEMA declaration

Reference : Regulation No.7 of Notification No.FEMA 22/2000-RB dated 03.05.2000.

H 13. Agency Commission on Exports :

Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Copy of GR/SDF/PP/SOFTEX form declaring commission accepted by customs or Clients
letter indicating the reasons for not declaring the commission on Export
Declaration form supported by valid agreement / written understanding between
exporter and/or beneficiary of payment of commission
d) Evidence of shipment made
e) FEMA declaration

Reference : Para D.1 of A.P.(Dir Series) Circular No.12 dated 09.09.2000

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H 14. Refund of Export proceeds :

Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Correspondence from the overseas buyers relating to poor quality etc.
d) Evidence of proceeds originally received.
e) Evidence of re-import.
f) FEMA declaration

Reference : Para D2 of A.P.(DIR Series) Circular No.12 dated 09.09.2000

H 15. Remittance of current income from NRO account

Documents required :
a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) RCI form
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).Evidence of proceeds originally received.
e) FEMA declaration
f) Other documents depends upon the nature of income (e.g. RCD 2 and RBI approval
required in case of Dividend Income)
Reference : Para 3. (ii) of Schedule 3 of Notification No.FEMA 5/2000-RB dated
03.05.2000.

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H 16. Remittance of Legal fees relating to court case :

Documents required :

a) Clients letter, giving full details of litigation, beneficiary bank details and debit authority.
b) Form A2
c) Invoice
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).Evidence of proceeds originally received.
e) Correspondence of litigation.
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No. 11 dated


16.05.2000.

H 17. Royalty by Indian Music Company for reproduction of copyright


music recorded by Overseas Company
Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form MRR and Form A2
c) Certified copy of agreement
d) Income-tax assessment order or either documentary evidence showing payment of income-
tax and other applicable taxes, or a Chartered Accountant’s certificate stating that sufficient
funds have been set aside for meeting all Indian tax liabilities: and
Auditor’s certificate stating that no statutory liabilities in respect of the Project are
outstanding.
e) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No. 11 dated


16.05.2000.

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H 18. Joint Venture / Wholly Owned subsidiary


Documents required :

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Form ODA
d) Certificate from the statutory auditors in the format given in the form
e) Certified copy of Board Resolution
f) FEMA declaration

Reference :Notification No. FEMA 19/RB-2000 dated 03.05.2000


Master Circular No. EC.CO.PCD.No.53/15.02.76/2001-2002 dated
04.04.2002

H 19. Opening of Representative Office / posting of representative

Documents required :
a) Clients letter, indicating the purpose opening representative office/posting representative,
beneficiary bank details and debit authority.
b) Copy of branch approval issued to client for opening the branch etc.
c) Form A2
d) Form OBR (First time while opening branch/rep. Office or posting of representative)
e) In the case of trading branch, cashflow statement in the prescribed format.
f) FEMA declaration
g) Clients statement indicating the average annual sales/income or turnover during the last
two accounting years.
h) Clients undertaking to the effect that the remittance not exceeds 2 percent of annual
sales/income or turnover during last two accounting years in case of initial expenses.
Similarly in case of recurring expenses the remittance not exceeds 1 percent of average
annual sales/income or turnover.

Limit : To meet initial expenses: 2 percent of the average annual sales /


income or turnover during last two accounting years of the Indian
entity.
Recurring expenses : 1 percent of such average annual sales / income or
turnover
(Shall not apply to drawal made out of funds held in Exchange Earners
Foreign Currency Account.)

Reference :Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No. 11 dated


16.05.2000
Notification No.47/2001-RB Dated 5th Dec. 2001
A.P.(DIR Series) Circular No.54 dated 29.06.2002

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H 20. Approval for setting up of International Call Centre

Documents required :

a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Copy of the agreement (one time basis)
c) Copy of the approval from Government of India, Ministry of Communications, Department
of Telecommunications.
d) Copy of invoice.
e) Form A2
f) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D. (M.A.Series) Circular No. 11 dated


16.05.2000.

H 21. Remittance of License fees :


Documents required :
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Copy of the agreement/ correspondence/copy of the licence
c) C.A. Certificate to the effect that the client has received the software
d) Copy of invoice.
e) Form A2
f) FEMA declaration

Reference :Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No. 11 dated


16.05.2000

H 22. Remittance towards reinsurance fees


Documents required

a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Original copy of RBI approval (to comply with conditions in RBI approval)
c) Form A2
d) FEMA declaration
Reference : RBI approval

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H 23. Remittance of living expenses of employees on deputation abroad


of software companies

Documents required

a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Clients undertaking to the effect that the aggregate exchange facilities already availed of/to
be availed of for execution of the contract would be within the overall ceiling of project
related expenses viz. 70% of the contract value.
c) Form A2
d) FEMA declaration
Reference : Para C 1.(ii) of Memorandum of Instructions on Project Exports and
Services (PEM)

H 24. Entry fee for International advertising festival


a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Invoice.
c) Form A2
d) FEMA declaration
Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No.11 dated
16.05.2000

H 25. Remittance of Export Claims

Documents required

a) Clients letter, indicating the purpose of remittance, beneficiary bank details and debit
authority.
b) Form A2
c) Correspondence from the overseas buyers relating to defective quality etc.
d) Evidence of proceeds originally received.
e) Evidence of re-import.
f) Client declaration to the effect that they are not in Reserve Bank’s caution list.
g) FEMA declaration

Reference : Para C 13 of A.P.(DIR Series) Circular No.12 dated 09.09.2000

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H 26.Transponder fees
Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Invoice.
c) Ministry of Finance (Department of Economic Affairs) approval
(Shall not apply to drawal made out of funds held in Resident Foreign
Currency Account or Exchange Earners Foreign Currency Account.)
d) Form A2
e) FEMA declaration

Reference : FEMA-GOI-Notification G.S.R.(381 E.) Schedule II, Item 6


Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule II, Item 6

H 27. Remittances to foreign Courier Companies

Documents required
a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Agency agreement (one time basis)
c) C.A. certificate that the amount of remittance applied for has been checked with reference
to invoices received from overseas company and invoices raised by the Indian company
and applicable rates and the amount applied for has been found correct.
d) No objection / Tax Clearance certificate from ITA in original or Undertaking /
certificate (in duplicate) regarding payment of Income Tax in the prescribed form
(‘form’ provides for auditors certificate).
f) Form A2
g) RCC form
h) FEMA declaration

Reference : Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Circular No. 11 dated


16.05.2000

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H 28. Remittance of Current Income of NRIs who do not maintain an


NRO account in India

Documents required
a) Clients letter indicating the purpose of remittance and beneficiary bank details.
b) Cheque / Dividend warrant etc.
c) Form RCI
d) Form A2
e) FEMA declaration

Reference : A.P. (DIR Series) Circular No. 45 dated 14.05.2002

H 29. Remittance of insurance premium towards general


insurance policies taken by units located in Special
Economic Zones

Documents required

a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Invoice.
c) Form A2
c) FEMA declaration
Reference : A.P.(DIR Series) Circular 47 dated 17.05.2002

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H 30. Remittance for purchase of shares under Employees Stock


Option Scheme.

Documents required

a) Clients letter indicating the purpose of remittance, beneficiary bank details and debit
authority
b) Clients undertaking to the effect that the consideration for purchase of shares does not
exceed USD 20,000/- in a calendar year.
c) Copy of the offer letter.
d) Copy of the scheme ( shares are offered at concessional rate)
e) Form A2
f) FEMA declaration
g) Chartered Accountant’s certificate confirming the foreign equity holding of the company
(This is in case of Indian Company in which foreign equity holding is not less 51%)

Reference : Regulation 19 (2) of Notification No. FEMA 19/RB-2000 dated


03.05.2002.
Notification No. FEMA 40/RB-2000 dated 02.03.2001
Master Circular No. EC.CO.PCD.No. 53/15.02.76/2001-2002 dated
04.04.2002
A.P.(DIR Series) Cir. No. 32 dated 28.04.01

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OPERATIONAL
INSTRUCTIONS

30/06/2002 43
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1) Declaration-cum Undertaking to be obtained by Authorised Dealers : (FEMA


Declaration - Refer Lo-note dated 27.02.2002)

Under the provisions of the Foreign Exchange Management Act, 1999 [ Chapter III, Section 10
Sub Section (5)] an Authorised person (which term includes an Authorised Dealer) shall,
before undertaking any transaction in foreign exchange on behalf of any person, is required to
obtain such declaration and such information from the person (applicant) that will reasonably
satisfy the authorised dealer that the transaction will not involve and is not designed to
contravene or evade the provisions of the Act or any of the rules or regulations, notifications
directions or orders issued thereunder. ADs are also required to preserve the
information/documents obtained by them from the applicant on the basis of which the
transaction was undertaken, for verification by the RBI.

In this context, FEDAI has devised two formats of Declaration-cum-Undertaking to be


obtained from the applicant before undertaking transaction in foreign exchange as under :

1. Form 1 to be obtained initially on one-time basis from constitutes of the Bank such as
importers, exporters etc. having regular foreign exchange transactions of various types.
Information in support of each transaction will, however, be required to be obtained
separately before undertaking any such transaction.
2. Form 2 to be obtained from occasional or casual applicants for foreign exchange, which is
to be obtained for each transaction either separately or incorporated appropriately in the
application form.

Procedures to be followed by the branches :

Branches shall, before undertaking any transactions in foreign exchange of a regular client, is
required to obtain a declaration-cum-undertaking in Form 1 on one time basis and retain the
same in a separate file.
Similarly, a declaration-cum-undertaking in Form 2 on case to case basis from occasional or
casual applicants and may be kept with the transactions.

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II) Undertaking regarding payment of Income-tax :

In terms of 3B10 of Exchange Control Regulations/ CBDT’s circular No.759 dated 18.11.97,
it will be in order for authorised dealers to allow such remittances without insisting on tax
clearance certificate/ NOC from Income Tax authorities, provided the person making the
remittance furnishes an undertaking (in duplicate) addressed to the Assessing Officer/……….
accompained by a certificate from an Accountant (other than an emlpoyee) as defined in the
explanation below Section 288 of the Income-tax Act 1961 in the form prescribed by the
Government.

Procedures to be followed by the branches :

Branches after making the remittance (irrespective of whether the remittance has been made
against Reserve Bank permit or under powers delegated to them) immediately forward a copy
of of the applicants undertaking together with a copy of the Accountants certificate, to
Assessing Officer of the Income Tax Department as indicated in the undertaking or
Directorate of Income Tax as suggested by the respective Regional Office of Reserve Bank.
(e.g. Reserve Bank Of India, Mumbai Regional Office,vide their Cir.No.EC.Mumbai.EPD-
III/1575/14.03.64/2001-2002 dated 11th March 2002 instructed Authorised Dealers of Mumbai
Region to submit such applicants undertaking and C.A.certificate to Directorate of Income Tax
(International Taxation), Room No. 253, Ayakar Bhavan, M.K.Road, Mumbai 400 020.

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III)General Procedure relating to Direct Investment in Joint Ventures/Wholly Owned


Subsidiaries :

Authorised dealers are allowing remittances upto the permissible limits on receipt of
application in form ODA in triplicate together with form A2, duly filled in, from the Indian
party/parties making investments in JV/WOS abroad subject to their complying with the
conditions specified in Notification No.19/RB-2000 dated 3rd May 2000. All transactions
relating to investment in a JV/WOS are to be routed through only one branch of an authorised
dealer designated by the Indian party and the concerned authorised dealers are required to
maintain party-wise record in respect of each JV/WOS separately.

Immediately after effecting the remittance, the authorised dealers are required to forward a
report on remittance in the form ODR, in duplicate to the Chief General Manager, Exchange
Control Department (Overseas Investment Division), 3rd floor, Amar Building, Mumbai 400
001. Authorised Dealers may ensure that the remittances on account of investments by
Partnership firm are reported with the superscription “Remittance by partnership firm under
Regulation 17B” form ODR. In case where the investment is being made jointly by more than
one Indian party, form ODA is required to be signed jointly by all the investing parties. The
same procedure may be followed where the investment is made out of proceeds of ADR/GDR
issues. Indian parties make direct investment in JV.WOS by way of capitalisation of exports,
authorised dealers are required to obtain a custom certified copy of the invoice and forward it
to the Reserve Bank together with forms ODR. In certain cases investment in JV/WOS
requires prior approval of the Reserve Bank. Authorised dealers may allow remittances under
these specific approvals and report the same to Reserve Bank in the form ODR. While
allowing remittances in respect of individual overseas concerns under the scheme of block
allocation(as per the terms of Reserve bank approval), Authorised dealers may obtain
necessary information in form ODA. Authorised Dealers forward the report to the Reserve
Bank after superscription “Remittance under Block Allocation Approval No. ……….. dated
…….. along with the report of remittance in form ODR. On being approached by an Indian
Party, which is eligible under the Regulations in Part I to make investment outside India, an
authorized dealer may allow remittance towards earnest money deposit or issue a bid bond
guarantee on its behalf for participation in bidding or tender procedure for acquisition of a
company incorporated outside India. On winning the bid, authorised dealers may remit
acquisition value after obtaining Form A2 duly filled in and report such remittance (icluding
the amount initially remitted towards EMD) to Reserve Bank in form ODR. Authorised dealers
while permitting remittance towards EMD should advise the Indian party that in case they are
not successful in the bid, they should ensure that the amount remitted is repatriated in
accordance with Notification No. FEMA 9/2000-RB dated 3rd May 2000. In cases where an
Indian party, after being successful in the bid/tender decides not to proceed further with the
investment, Authorised Dealers should submit details of remittance allowed towards
EMD/invoked bid bond guarantee in form ODR to Reserve Bank.

On receipt of the form ODR from the authorised dealers, the Reserve Bank will allot an unique
identification number to each JV or WOS abroad, which is required to be quoted in all the
future correspondence with the Reserve Bank.

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Procedure for submission of ODA/ ODR forms by the branches : (Refer our lo-note of
21.05.2002)

In terms of RBI letter Ref. No. EC.CO.OID/6586/19.30.02/01-02 dated 02.04.2002,


Authorised Dealers are required to designate a specific branch for the purpose of handling and
collection of data relating to such remittances. Accordingly, we have advised Reserve Bank Of
India that we (CTX) shall be the designated office for the purpose of handling and collection of
data relating to such remittances of branches.

Therefore, henceforth we request you to send all the ODR forms with its enclosures in
triplicate (retaining one copy for branches record) to us for onward submission to The Chief
General Manager, Exchange Control Department (Overseas Investment Division), 3rd floor,
Amar Building, Mumbai 400 001.

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IV) Establishment of Overseas Offices :

In terms of Notification No. FEMA 47/2001-BR dated 05.12.2001 and A.P.(DIR Series)
Circular No.54 dated 29.06.2002, a firms or a company or a body corporate registered or
incorporated in India may open, hold and maintain in the name of its office (trading or non-
trading) or its branch set up outside India or its representative posted outside India, a foreign
currency account with a bank outside India by making remittances from India for the purpose
of normal business operations of the office /branch or representative.

Procedure to be followed by the branch :

A) Firms / Companies in India desiring to open offices (trading/ non trading) or post
representative abroad should submit application to branches in form OBR along with required
documents. Branch in turn scrutinise the applications and issue the approval provided :

a) the overseas branch/office has been set up or representative is posted overseas for
conducting normal business activities of the Indian entity;
b) the total remittance made under by the Indian entity, to all such offices shall not exceed
1) 2 percent of the average annual sales/income or turnover during last two accounting
years of the Indian entity, where the remittances are made to meet initial expenses of
the branch or office or representative, and
2) 1 percent of such average annual sales/income or turnover where the remittances are
made to meet recurring expenses of the branch or office or representative, (condition
no. 1 & 2 is not applicable in case of the remittances made out of funds held in EEFC
account or such office is set up or representative posted by a 100% EOU or a unit in
EPZ or in a Hardware Technology Park or in Software Technology Park within two
years of establishment of the Unit.
c) the overseas branch/office/representative shall not enter in any contract or agreement in
contravention of the Act, Rules or Regulations made thereunder.
d) The overseas branch/officeis to be set up (representative is to be posted) within six months
of opening the account.
e) The overseas office (trading/ non-trading)/ branch / representative should not create any
financial liabilities contingent or otherwise for Head Office in India.
f) The overseas office (trading/non-trading)/ branch/ representative should not invest surplus
funds abroad without prior approval of Reserve Bank of India. Any funds rendered surplus
should be repatriated to India.
g) The overseas office/ branch of software exporter company/ firm, may repatriate to India
100% of the contract value of each off-site contract as also atleast 30% of the contract
value of each on-site contract and may utilise the balance amount (70%) of the contract
value of on-site contracts for contract related expenses including office/ branch expenses
abroad. A duly audited yearly statement showing receipts under off-site and on-site
contracts undertaken by the overseas office, expenses and repatriation there on may be
sent to the authorised dealer.
h) The details of bank account opened should be promptly reported to authorised dealer.

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B) Branch has to give approval based on above conditions, initialy for two years, further
which may be renewed every two year, provided proper accounts of utilisation of foreign
exchange released are furnished.

C) Branch has to submit a statement in form ORA to the Regional Office of Reserve Bank on
half yearly basis.

D) Documents to be obtained at the time of giving approval for opening branch/ office,
posting of representative abroad :

i) Correspondence if any
ii) In the case of a trading branch, cash flow statement.

Specimen copy of the Banks Approval letter to establishing Overseas Branch / Office/ Posting of
Representative abroad
(Ref : H-19)
(Notification No. FEMA 47/2001-RB Dated 5th Dec.2001 and A.P.(DIR Series) Circular No.54 dated
29.06.2002)
(Paragraph 6 of Annexure 1 to A.D. (M.A.Series) Circular No.11 Dated 16.05.2000)

Ref :...........................
Date : ........................

M/s. ..............................
.........................................
.........................................
.........................................

Dear Sir,

Re : Approval for Opening of Overseas Branch/ Office/ Posting of Representative abroad.

We refer to your application dated ................ on the captioned subject. We hereby grant our
permission under Paragraph 6 of Annexure1 A.D.(M.A.Series Circular No.11 dated
16.05.2000 and Notification No. FEMA 47/2001-RB Dated 5th Dec.2001 and A.P.(DIR
Series) Cir. No. 54 dated 29.06.02 for opening an overseas branch/ office / posting of
Representative at ..........………………………………………... subject to the following
terms and conditions :

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1) The overseas branch/office/representative posted abroad will conduct normal business


activities of the Indian entity.
2) The overseas branch/office/representative shall not enter in to any contract or
agreement in contravention of FEMA Act and Rules or Regulations made thereunder.
3) The total remittance should not exceed (except in case of remittance effected by the
debit of your EEFC account)
a. 2 percent of the average annual sales/income or turnover during last two
accounting years of your company, where the remittances are made to meet initial
expenses of the branch or office or representative, and
b. 1 percent of such average annual sales/income or turnover where the remittances
are made to meet recurring expenses of the branch or office or representative.
4) The overseas office (trading/non-trading)/ branch/representative should not create any
financial liabilities contingent or otherwise for the Head office in India
5) The overseas office (trading/non-trading)/ branch/ representative should not invest
surplus funds abroad without prior approval of Reserve Bank of India. Any funds
rendered surplus should be repatriated to India.
6) You may open, hold maintain in the name of your office or branch set up outside India
or representative posted outside India, a foreign currency account with a bank outside
India which should be promptly reported to us, subject to the condition that the account
so opened, held or maintained shall be closed :

i) if the overseas branch/office is not set up within six months of opening the account, or
ii) within one month of closure of the overseas branch/ office or
iii) where no representative is posted for six months
and the balance held in the account shall be repatriated to India.
7) Purchase of acquisition of office equipments and other assets required for normal
business operations of the overseas branch/office, representative will not be deemed as
a capital account transaction.
8) Transfer or acquisition of immovable property outside India, other than by way of lease
not exceeding five years, by the overseas branch/ office/ representative will be subject
to the Foreign Exchange Management (Acquisition and Transfer of Immovable
Property outside India) Regulations, 2000.
9) You should approach only our bank for any remittance in connection with the overseas
branch/ Office/Representative posted abroad.

Additional condition in case of software company :

10) The overseas office/ branch of software exporter company/ firm, may repatriate to India
100% of the contract value of each ‘off-site’ contract as also atleast 30% of the contract
value of each ‘on-site’ contract and may utilise the balance amount (70%) of the
contract value of ‘on site’ contracts for contract related expenses including office/
branch expenses abroad.

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You should also submit to us the following statements :

a) A statement showing details of initial expenses incurred together with suitable


documentary evidence, wherever possible, within three months from the date of release
of exchange for that purpose.
b) Annual statement indicating the average annual sales/income or turnover during the
last two accounting years duly certified by the statutory Auditors/ Chartered
Accountant.

Thanking you,

Yours faithfully,
BNP Paribas

......................................... .....................................

Note : Pl. select suitable clauses depending upon the opening of overseas office (trading/non-trading) / branch/
representative.

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FORMS

AND

DECLARATIONS

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APR Annexure
(Ref- H18)

(Notification No. FEMA 19/RB-2000 dated 3rd May, 2000)

Annual Performance Report (APR) on the functioning of Indian Joint Venture (JV)/Wholly Owned
Subsidiary (WOS) abroad for the year ended (Accounting year of the JV//WO

(Please read the instructions given in the Annexure before filling up this form)

PART A - GENERAL

1. RBI Approval Number/Date :


2. Ministry of Commerce (GOI)
Approval Number/Date (if any) : _____________________________
3. Name and address of Indian (a) Name :
Promoter Company(ies) (b) Address :

(a) Name :
4. Name and address of the : (b) Address :
JV/WOS
5. Date of (for the JV/WOS) 6. Name of the FC
(a) Incorporation : Referred to in this form : _______
(b)Commencement of
operations :

7. (a) Line of activity : (i) Manufacturing (b) Brief details of the products
manufactured/ goods traded/services
of the JV/WOS (ii) Trading
rendered by the JV/WOS:
(please tick the (iii) Financial Services
appropriate box) (iv) Non-financial
services
(v) Others (Code to be filled in by RBI)
PART - B FINANCIAL STRUCTURE

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Total amount approved


8. (a) Capital structure % of
Of the JV/WOS: % of the
the total total
equity FC INR equity
(i) Indian equity
(ii) Foreign equity

(b) Equity structure of the JV/WOS:


Name of Indian Equity RBI holding Name of the Country to
foreign
promoters Percentage Licence collaborators which they
(No. & date) belong
(i)
(ii)
(iii)

( c) Method of acquiring equity Total amount approved Actual a


shares by Indian promoters FC INR FC
(i) Cash remittance
(ii) Capitalisation of:-
(I) Export of plant
and machinery/
goods
(II) Technical know-
how fees
(III) Royalty

(IV) Engineering/
Technical services
Fees
(V) Consultancy/
Management fees
(VI) Selling agency
commission
(iii) GDR/Foreign currency
loans raised abroad
(iv) Bonus shares

(v) Other methods ( )


Please specify

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Total :
9. Position of term/working Total amount Outstanding Overd
capital loans/guarantees: Approved Amount Principal
(Amount only in FC)

(a) Term loans from :


(i) Indian promoters
(ii) Banks/financial
Institutions (FIs)
(iii) Others ( )
Please specify

(b) Working capital loans from :


(please see Item `H' of the
Annexure) :
(i) Indian promoters
(ii) Banks/FIs
(iii) Others ( )
Please specify

(c) Guarantees from : Total amount Total amount Date of


Approved/extende Invoked/claimed invocation
d
(i) Indian promoters
(ii) Banks/FIs
(iii) Others ( )
Please specify

10. Amount of foreign exchange released to the Indian promoter company(ies) on repatriation
basis for different purposes: (Amount only in FC) - (please see Item `I' of the Annexure)

Sr. No. Purpose Date and amount


Of remittance
Date Amount
1.
2.
3.

PART C - PERFORMANCE PARAMETERS


11. Operational details of the JV/WOS Amount
for the year under report
(Amount only in FC)

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(a) Installed capacity*


(i) Unit name (g) Tax
(ii) Amount ('000 omitted) (h) Net profit (+)/Loss
(b) Capacity utilisation* (only %) (i) Dividend
(c) Gross sales/receipts (j) Transfer to reserve
(d) Operating cost (excluding (k) Free reserves & sur
depreciation & Interest)
(e) Depreciation (l) Accumulated losse
(f) Interest (m) Net worth
* applicable to manufacturing concerns only

12. (a) Entitlements (E) & Repatriations (R) (net of taxes) by the JV/WOS: (Amount only in
FC - INR equivalent to be given in brackets for repatriations only) (please see
Item `I' of the Annexure)
Items Year under Since commencement of
Report business by JV/WOS

(E) (R) (E) (R)


(i) Dividend [ ]
(ii) Technical know-how fees [ ]
(iii) Royalty [ ]
(iv) Engineering/Technical service [ ]
Fees
(v) Consultancy/Management fees [ ]
(vi) Selling agency commission [ ]
(vii) Others ( ) [ ]
Please specify
Total : [ ]
(b) Break-up of outstanding entitlements (Amount only in FC) - (please see Item `J' of the
Annexure)
Accounting Dividend Technical Royalty Engineering/ Consultancy/
year for know-how Technical Management
which fees service fees fees
outstanding
-

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13 Position of non-equity exports to the JV/WOS:


(Amount only in INR) Year under report

(a) Projected value


(b) Value actually exported so far
(c) Value realised so far
(d) Value outstanding for realisation beyond
6 months

14. If the performance of the JV/WOS has not been satisfactory, indicate
the principal reason(s) by ticking (û) the appropriate box(es):

(a) Non-cooperation of foreign collaborator : (e) Management problems


(b) Liquidity problems : (f) Obsolescence of technolo
(c) Competition from importers : (g) Marketing problems
(d) Change in Law/policy of host country : (h) Others (
please specify

15. A note on the basic features of the progress and achievements of the JV/WOS on the
basis of original/revised
projections should be attached to this APR (please see Item `K' of the Annexure before
preparing the note).

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DECLARATION
We hereby declare that the information furnished in this report are true and correct to the best
of our knowledge & belief.

Place :

Date :
(Signature of authorised official / person)
Name :
Seal Stamp
Designation :

Encls : 1. Note on functioning of the JV/WOS 3. Bank certifica


2. Annual account along with Directors 4.
Report for the year ended

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ANNEXURE
INSTRUCTIONS FOR FILLING OF THE APR

(This portion should be detached and retained by the Indian promoter company
submitting the APR)

A (i) This form, duly filled in, should be submitted within 30 days of the expiry of the statutory period for the finalisati
applicable in the host country of the JV/WOS. A certificate indicating the statutory period from an independent C
Accountant of the host country should be attached.
(ii) In case, there is no such statutory period, this form should be submitted within 6 months from the close of relevan
(iii) In case there are more than one Indian promoter company, the principal promoter company has to submit the APR
companies.
B. The Indian promoter company of the JV/WOS should submit this form in duplicate to the concerned Regional Office of
Reserve Bank of India and another copy to Ministry of Commerce, EP(OI) Section, Government of India, Udyog Bhavan
C (i) All amounts of Foreign Currency (FC) and Indian Rupee (INR) should be rounded off to the nearest thousand and
omitting '000, e.g. 10,499 and 10,500 should be shown as 10 and 11 respectively.
(ii) Capital letters should be used for filling up this form.
D. Additional sheets may be attached if the space available against a particular item is not sufficient.
E. Equivalent INR in respect of FC should be given as on the date of actual conversion.
F. Wherever boxes are provided in items requiring date, the first two boxes are meant for the date, next two for the month a
G. In respect of any item [excepting items 1,3(a) and 4(a)] if the contents have not undergone any change vis-à-vis the last A
the relative boxes/against the particular item.
H. In item 9(b) if separate break up of overdue amount as principal and interest is not available then the total figure may onl

I. In respect of all repatriations [c.f. Items 10 and 12(a)] supporting bank certificates (in form BCI) should be enclosed. If s
submitting along with the Annual Return of Foreign Currency Shares or otherwise the reference thereof should be cited.
J. The total of year-wise break-up of outstanding entitlements given under Item 12(b) should tally with total outstandings a
K. The note as per Item 15 of the APR should include the following -
(i) In case of non-satisfactory performance of the JV/WOS, the reasons cited at Item 14 should be briefly explained a
steps taken/proposed to be taken to bring about a turnaround.
(ii) The reasons for outstanding entitlements, if any, and the steps being taken to realise the same should be indicated.
(iii) The reasons for not meeting the target of non-equity exports, if any, and non-realisation of proceeds of such expor
explained.
(iv) The reasons for the overdue outstandings in term/working capital loan accounts, if any, and steps taken to square u
circumstances leading to invocation of guarantees and non-payment of claim, if any, should also be explained.
(v) In respect of JV/WOS set up abroad for attracting foreign investment into India, information on the amount of for
vis-a-vis the projections made in the application in Form ODI should be highlighted & reasons for shortfall should
(vi) Any special feature which is of importance to the functioning of the JV/WOS including information/development
full), liquidation, etc. and does not figure elsewhere in this APR should also be highlighted.

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CURRENCY DECLARATION FORM (CDF)


[See Regulation 6]
(Notification No. FEMA 6/RB-2000 dated 3rd May 2000.)
Instructions for passengers:

1. This form need not be completed in cases where the aggregate value of the foreign exchange
brought in by the passenger in the form of currency notes, bank notes, or travellers cheques does
not exceed U.S.$ 10,000/- or its equivalent and/or the value of foreign currency notes does not
exceed U.S.$ 5,000 or its equivalent.

2. Passengers are advised to produce this form to a bank authorised to deal in foreign exchange or
money changer at the time of conversion of foreign exchange into Indian rupees or reconversion of
rupees into foreign exchange.

3. Visitors to India may please note that in case they do not wish to encash all the foreign exchange
declared above they should retain this form with them for production to the Customs at the time of
their departure from India to enable them to take with them the unutilised balance.

4. Details of travellers’ cheques/currency notes need not be furnished.

5. Foreign tourists need not indicate their address.


______________________________________________________________________________
(To be completed by passenger)
I_____________________________________________________________________________
hereby, declare that the following foreign exchange is in my possession at the time of my arrival in India:
(Aggregate value only)
Name of the currency Currency notes Travellers Cheques Total

1
2
3

Signature____________________________
Passport No._________________________

Nationality_________________________________________

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To be completed by Customs Officer


This is to certify that the above named person has brought with him foreign exchange as
indicated above.

Date____________ _________________________________
(Stamp and Signature of Customs Officer)
PTO

(Space for endorsement)

Date Distinctive Number of Amount changed Stamp and Signature of Bank


Encashment Certificate or Money changer
1 2 3 4

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FORM ECB
[ See Regulation 6]
(Notification No. FEMA 3/2000-RB dated 3rd May 2000.)

Application for permission to raise External Commercial Borrowings


under Short Term Loan/Credit/USD 5/10 million Scheme

Instructions:

The application complete in all respects should be submitted in duplicate by the applicant through the
authorised dealer designated by him to handle the matters relating to the foreign currency
borrowings/credit to the Chief General Manager, Exchange Control Department, Central Office, ECB
Division, Reserve Bank of India, Mumbai 400 001. In respect of short term loan/credit for imports, it
should be submitted through the authorised dealer through whom the import documents have been
received/will be received.

Documentation:

Following documents, (as relevant) duly certified by authorised dealer, should be


forwarded with the application:

(i) A copy of offer letter from the overseas lender/supplier furnishing complete details of
the terms and conditions of proposed loan/credit arrangement.

(ii) Copies of FIPB/SIA/CCEA approvals wherever applicable.

(iii) In case the application is being made under Exporters’/Foreign Exchange Earners’
Scheme, bank certificates in respect of export realisation for past 3 years.

(iv) If the applicant is NBFC, a copy of credit rating awarded by a recognised credit rating
agency and copy of RBI registration certificate.

(v) A copy of the import contract, proforma/commercial invoice/Bill of Lading.

(vi) A report from an international credit rating agency of repute, if the lender is other than
the recognised category as per ECB Guidelines issued by the Government, from time to
time.

(vii)In case the payment for import is through Letter of Credit, a copy of L/C with
amendments, if any.
___________________________________________________________________________________
_

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PART- A- CATEGORY OF ECB APPLICATION

The application is being submitted under following scheme :

(Please put ( X ) in the correct box)

(1) Under short term credit/loan

(2) Under USD 5 million Scheme


(3) Under USD 10 million Scheme
(a) Exporters’ /Foreign Exchange Earners’ Scheme

(b) Long Term Borrowers’ Scheme


(c) Infrastructure Projects
(e) Other (Please specify)
___________________________________________________________________________________
PART-B- GENERAL INFORMATION ABOUT THE BORROWER

1. Name of the applicant


(BLOCK LETTERS)

Address
___________________________________________________________________________________
2. Status of the applicant firm/ company Private Public NBFC
Sector Sector (Indicate RBI
Registration
Number)
___________________________________________________________________________________
_

3. Details of foreign Currency Loans (ECB) availed of


and/or approval obtained by the applicant during past
3 years under US$ 5 Million Scheme

RBI/GOI approval No. & Amount Due date of final


date outstanding repayment

4. Details of ECB parked abroad

Sr. Name of the bank Amount in USD No. & date of RBI permission obtained
No. equivalent for parking funds abroad and validity
period thereof

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PART-C-INFORMATION ABOUT THE PROPOSED LOAN/CREDIT


___________________________________________________________________________________
1. Details of the loan/credit
Currency Amount US$ equivalent

Purpose of the loan

Nature of ECB [Please put (x) in the appropriate box]


(i) Suppliers’ Credit
(ii) Buyers’Credit
(iii) Syndicated Loan
(iv) Export Credit
(v) Loan from foreign Collaborator/ equity holder
(vi) FRN/ Bonds
(vii) Others (please specify)

Terms and conditions of the loan


(i) Rate of interest
(ii) Up front fee
(iii) Management fee
(iv) Other charges, if any (Please specify)
(v) All-in –cost
(vi) Commitment fee
(vii) Rate of Penal interest
(viii) Period of loan
(ix) Grace/ moratorium period
(x) Repayment terms (half yearly/ annually/bullet)
(xi) Average maturity
___________________________________________________________________________________
2. Details of the lender

Name and address of the lender/supplier


___________________________________________________________________________________
3. Nature of security to be provided, if any.
___________________________________________________________________________________
PART D – INFORMATION ABOUT DRAW DOWN AND REPAYMENTS

Proposed schedule

Dawn down Repayment/payment


Month Amount Principal Interest
And Year

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Part –E-Additional Information required for applications under Short Term


Credit/Loan
______________________________________________________________________________

1. Particulars of commodity (ies) to be imported Description


Value

2. Details of imports made/to be made

(A) (i) Payment Terms


(ii) Due date of the import bill
(iii) Extension sought upto
(iv) If import has already been made
Value assessed as per Bill of Entry
(Please enclose a copy)

(B) If goods are yet to be received


(i) Date of shipment
(ii) Whether goods have been sold on high
Seas or any such sale is contemplated?

3. Period upto which statement giving details of drawals,


utilisation & outstanding has been submitted to RBI for
loans raised in the past.
______________________________________________________________________________

PART F – ADDITIONAL INFORMATION IN RESPECT OF


ECB UNDER USD 5./10 MILLION SCHEME

1. Details of the project

(i) Total project cost in USD


(ii) Total ECB as a % of project cost

2. Export realisation ( USD equivalent) of the


applicant during the last 3 years
[To be furnished only in case of applications under
Exporters’/Foreign Exchange Earners’ Scheme]
______________________________________________________________________________
PART G – CERTIFICATIONS

1. By the applicant

We hereby certify that -

(i) the particulars given above are true and correct to the best of our knowledge and belief.

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(ii) the credit/loan to be raised will be utilised for the purpose for which it is being applied for vide
this application and shall not be utilised for investment in stock market and real estate.

________________________________
(Signature of Authorised Official of the
applicant)
Place_______________ Name:______________________________
Date________________ STAMP Designation_________________________
______________________________________________________________________________

2. By the authorised dealer –

We hereby certify that –

(i) the applicant is our customer.

(ii) we have scrutinised the application and the original letter of offer from the lender/supplier and
also all the documents relating to the import/proposed import, proposed borrowing /financing
arrangement and have found the same to be in order.

________________________________
(Signature of Authorised Official)
Place ________________ Name_____________________________
Date_________________ STAMP Name of the Bank/branch______________

A.D.Code__________________________
______________________________________________________________________________

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FORM FC-GPR
(Notification No. FEMA 20/2000-RB dated 3rd May 2000)

We (Name of the Indian Company) -----------

declare that, being eligible to issue shares to non-residents under the automatic route of RBI, furnish the following
information in connection with shares issued.

1. Name and address (Regd.office)


of the Indian company issuing
shares to non-residents.

2. Whether existing company or


New company recently formed

3. Activities of the company

NIC Code Description


------------ ---------------

4. Particulars of shares issued

(a) Name and country of the foreign investor

(b) No. of shares issued : (Furnish equity & preference separately)

No. of shares Face value of shares Total face value

Issue Price At par (Rs.) / premium of Rs. per share

Total inflow on account of } Rs.


issue of shares to non-residents}
(including premium, if any) }

vide original FIRC from (Bank) -------------- enclosed.

(c)(i) We are listed company ; market related price per share is Rs.
OR
(ii) Other company ; Fair value of share is Rs.

5. Capital structure of the company


(after issue of shares as per item 4)
( Rupees )
Equity Preference
I. Paid up capital

II. (a) Non-resident Investment


(i) NRIs/OCBs }
(ii) Others }

(b) Resident Investment


------------- ---------------

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Total
------------- ---------------

III. Existing percentage of } NRI/OCBs ------- %


non-resident investment } Others ------- %
in the paid up capital }

-----------
[II(a) as percentage of I] Total %
-----------
Declaration :

We hereby certify that

1. We have carefully followed the procedure for issue of shares under the automatic route of RBI.

2. The foreign entity(ies) (other than individuals) to whom we have issued shares does/do not have any
previous joint venture or technical collaboration or trade mark agreement in India in the same or allied
field.

3. We don’t require an Industrial Licence under the Industries (Development and Regulation) Act, 1951 or
in terms of locational policy notified by the Government under the New Industrial Policy of 1991.

4. We are an SSI unit and the investment limit of 24% has been observed OR
We are not an SSI unit
(Delete whichever is not applicable under signature)

5. Our proposal is within the sectoral policy/cap permissible under the automatic route of RBI.

6. Our proposal does not fall under sector(s) in which FDI is not permitted.
For ---------------- (Name of the company/seal)

______________________________
Signature
(Name) : _____________________
* Designation : _____________________
Date :
Place :

(* To be signed by senior official/responsible person in the company.)

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FNC 1
(Notification No. FEMA 22/2000 dated 3rd May 2000- Regulation 5)
(Application to Reserve Bank for opening Branch or Liason or Project Office etc.)

A. General Instructions to Applicants :

The application form only should be completed and submitted to the Chief General Manager, Exchange
Control Department (Foreign Investment Division), Reserve Bank of India, Central
Office, Mumbai-400001.

B. Documentation :

i) English version of the certificate of incorporation/registration or Memorandum &


Articles of Association attested by Indian Embassy/Notary Public in the country of
registration.

ii) Latest Audited Balance Sheet of the applicant company/firm.

iii) In case of Project Office documentary evidence that the Project is funded by bilateral or
multilateral International Financing Agencies OR the project has been cleared by the
concerned regulatory authority OR the Indian company has been granted term loan for the
concerned Project by a Financial Institution or a Bank in India.
------------------------------------------------------------------------------------------------------------
1. i) Full name and address of the
applicant company/firm [State
whether the applicant is a
proprietary concern or
partnership firm or limited
company or public sector
undertaking or any other
organisation
(Please specify).

ii) Date and Place of incorporation /


registration.

2. Details of capital

i) Paid-up capital _________________divided into


________shares of _______ each

ii) Free Reserves as per


last audited Balance Sheet

3. Brief description of the activities

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of the applicant.
4. FOR LIAISON / BRANCH OFFFICE

i) Value of goods imported from


and / or exported to India by
the applicant during each of
the last three years:

a) Imports from India

b) Exports to India

ii) Particulars of existing arrangements


if any, for representing the company
in India.

iii) Particulars of the proposed Branch/


Liaison Office

a) Details of the activities/services


proposed to be undertaken/
rendered by the office.

b) Place where the office will be


located.

5. FOR PROJECT OFFICE

If the office is to be opened on a temporary basis in


connection with any specific project or contract to be
executed in India by the applicant :

i) Brief description of the project/


contract, including terms of
payment / duration, etc.

ii) Place where the office will be located

iii)Whether the project office is


funded entirely by inward
remittances or by any other source
specified at B (iii)

6. Any other information which the


applicant company wishes to furnish
in support of this application.

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------------------------------------------------------------------------------------------------------------
We hereby declare that :

i) The particulars given above are true and correct to the best of our knowledge and
belief;

ii) Our activities in India would be confined to the fields indicated in column 4(iii)(a) or
5(i)above;

iii) If we shift the office to another place, we shall intimate the Reserve Bank of India; and

iv) We will abide by the terms and conditions that may be stipulated by Reserve Bank of
India if approval is given.
Place : (Signature of Authorised Official
of the Applicant Company)
Name:
Date: Designation:

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Annexure ‘C’

[Notification No. FEMA 20/2000 –RB dated 3rd May 2000-Refer to paragraph 4(2) of Schedule I]

Return to be filed by an Indian company


who has arranged issue of GDR/ADR

1. Name of the Company :

2. Address of Registered Office :

3. Address for correspondence :

4. Existing Business (Please give the NIC :


Code of the activity in which the
company is predominantly engaged)
5. Details of the purposes for which :
GDRs/ADRs have been raised.
If funds are deployed for overseas
investment, details thereof.

6. Name and address of the Depository :


abroad

7. Name and Address of the Lead/Manager :


Investment/Merchant Banker

8. Name and addresses of the Sub-Managers :


to the issue

9. Name and address of the Indian :


custodians

10. Details of FIPB approval (Please quote :


the relevant NIC Code if the GDRs are
being issued under the Automatic Route)

11. Whether any overall sectoral cap for :


foreign investment is applicable. If yes,
please give details.

12. Details of the Equity Capital : Before Issue After Issue

(a) Authorised Capital


(b) Issued and Paid-up Capital
(i) Held by persons Resident in
India

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(ii) Held by foreign Investors other


than FIIs/NRIs/PIOs/OCBs (A list
of foreign investors holding more
than 10 per cent of the paid-up
capital and number of shares held
by each of them should be
furnished)
(iii) Held by
NRIs/PIOs/OCBs
(iv) Held by FIIs.

Total Equity held by non –residents

(c) Percentage of equity held by non-


residents to total paid-up capital

13. Whether issue was on private placement :


basis. If yes, please give details of the
investors and ADRs/GDRs issued to each
of them.

14. Number of GDRs/ADRs issued :

15. Ratio of GDRs/ADRs to underlying :


shares

16. Issue Related Expenses :

(a) Fee paid/payable to Merchant


Bankers/Lead Manager
(i) Amount (in US $ etc.)
(ii) Amount as percentage to the total
issue.
(b) Other Expenses

17. Whether funds are kept abroad. If yes, :


name and address of the bank.

18. Details of the listing arrangement :


Name of Stock Exchange
Date of commencement of trading

Certified that all the conditions laid down by Government of India and Reserve Bank of India have been complied
with.

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Sd/- Sd/-
Chartered Accountant Authorised Signatory of
the Company

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Annexure ‘D’
[Notification No.FEMA 20/2000-RB dated 3rd May 2000-Refer to paragraph 4(3) of Schedule I]

Quarterly Return
1. Name of Company :

2. Address :

3. GDR/ADR issue launched on :

4. Total No. of GDRs/ADRs issued :

5. Total amount raised :

6. Total interest earned till end of quarter :

7. Issue Expenses and commissions etc. :

8. Amount repatriated :

9. Balance kept abroad


Details :

(i) Banks Deposits


(ii) Treasury Bills
(iii) Others (Please specify)
10. No. of GDRs still outstanding :

11. Company’s share price at the end of :


the quarter
12. GDR price quoted on overseas stock :
exchange as at the end of the quarter

Certified that funds raised through ADRs/GDRs have not been invested in stock market or real estate.

Sd/- Sd/-
Chartered Accountant Authorised Signatory of
the Company

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IPI
(Notification No.FEMA 21/2000-RB dated 3rd May 2000- See Regulation 5 )

Declaration of immovable property acquired in India


by a person resident outside India
Instructions:

The declaration should be completed in duplicate and submitted directly to the Chief
General Manager, Exchange Control Department, (Foreign Investment Division – III),
Reserve Bank of India, Central Office, Mumbai-400 001 within 90 days from the date of
acquisition of the immovable property.

Documentation:

Certified copies of letter of approval from Reserve Bank obtained under section 6(6) of
FEMA, 1999 (42 of 1999).

1 Full name and address of the


acquirer who has acquired the
immovable property

2 (a) Description of immovable (a)


property

(b) Details of its exact location stating (b)


the name of the state, town and
municipal/survey number, etc.

3 (a) Purpose for which the immovable (a)


property has been acquired

(b) Number and date of Reserve (b)


Bank’s permission, if any,

4 Date of acquisition of the


immovable property

5 (a) How the immovable property (a)


was acquired i.e, whether by
way of purchase or lease

(b) Name, citizenship and address of (b)


the seller/lessor

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(c) Amount of purchase price and (c)


sources of funds.

I/We hereby declare that –

(a) the particulars given above are true and correct to the best of my/our knowledge
and belief ;

(b) no portion of the said property has been leased/rented to, or is otherwise being
allowed to be used by, any other party .

Encls:
………………………………….
(Signature of Authorised
official)
Stamp
Place………………… Name
……………………………….

Date…………………..
Designation:………………………..

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LEG
[Notification No.FEMA 13/2000-RB dated 3rd May 2000-See Regulation 6]

Application for remittance of legacies, bequests or


inheritances to beneficiaries resident outside India

Instructions:

1. The application should be completed and submitted through an authorised dealer through whom the
remittance is sought to be made to the office of Reserve Bank under whose jurisdiction the applicant
resides.

Documentation:

2. Certified copy of the probate together with a copy of the Will annexed thereto, or letters of administration
or succession certificate, as the case may be, in respect of the Indian assets of the deceased person.

3. Tax Clearance/No Objection Certificate from the Income-Tax authorities to show that no liabilities are
outstanding in respect of the estate of the deceased person on account of Income-tax, Wealth-tax, Capital
Gains tax, etc.

4. A statement of Indian assets of the deceased person, indicating the form in which they are held. The
number and date of Reserve Bank's approval for holding or acquiring shares of Indian companies and
immovable property should be indicated, wherever applicable.

5. A certificate from a Chartered Accountant showing how the remittable amount has been arrived at and that
all liabilities of the estate in India have been met or adequately provided for.

1. Particulars of the deceased person : 1.


(i) Name (i)
(ii) Nationality (ii)
(iii) Country of permanent residence at the time of (iii)
death
(iv) Date and place of demise (iv)
(v) Whether the deceased was residing in India at (v)
any time during his life time; if so, state
period

2. Particulars of the beneficiary/ies : 2.


(i) Name/s (i)
(ii) Nationality/ies (ii)
(iii) Country/ies of permanent residence (iii)

3. Whether the deceased person had made any investments 3.


in India, if so, details as under :
(i) Investments made on non-repatriation basis (i)

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(ii) Investments made with repatriation benefits (ii)

4. Amount of remittance applied for 4.

I/We hereby declare that the particulars given above and the documents submitted herewith are true and
correct to the best of my/our knowledge and belief. I/We also declare that I/We have not made any application to
any other office of the Reserve Bank of India for the same purpose.

Place : ............................. ........................................


Date : .............................
(Signature/s of Applicant)

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ODA
(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)

DIRECT INVESTMENT IN JOINT VENTURE(JV)/WHOLLY OWNED SUBSIDIARY (WOS)


ABROAD UNDER AUTOMATIC ROUTE
To

(Name and address of the authorised For use by RBI only


dealer)
Date of receipt: Inward No.
Identification
No,

[All amounts in Foreign Currency


(FC) and Indian Rupees (INR),
should be in thousand only)

I. GENERAL
Nature and category of the investment [Please tick(a )the appropriate box] :

A. Fresh Proposal
B. Supplementary Proposal
(i)Participation in JV abroad (a)(i)Enhancement of equity in
existing JV/ WOS abroad
(ii)Contribution in WOS (ii) Grant/enhancement of loan in
existing JV/WOS
(iii)Full/partial* take over of an (iii) Extension/enhancement of
existing foreign concern guarantee
(iv)Acquisition of a company (iv)Others (Please specify)
overseas through bidding or
tender procedure

(*Strike out whichever is not applicable)

II - PARICULARS OF INDIAN PARTY


(a)Name and Address of the Indian
party

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(b)Date of incorporation (c) Status*


(d)Name of the Industrial House/ Group to which the
Indian party belongs

(e)(i)Existing line of activity of the Indian party (Please (ii)Brief particulars of the products manufactured/goods
tick the appropriate box) traded/services rendered
Manufacturing
Trading
Financial Services
Non-Financial Services
Others (please specify)

(f)Years of experience in the existing line of activity


(g)Financial details for the last three years (Amount in INR)

Financial Domestic Foreign exchange Foreign Net profit/ Paid-up Net worth
Year ending sales/turn- earnings from exports exchange (Loss) capital
over (excluding equity exports earnings (other
to existing JV/WOS) than exports)

(1) (2) (3) (4) (5) (6) (7)

*(a)Public Ltd.Company (1), (b) Private Limited Company (2)


(c)Public Sector Undertaking (3), (d) Others (4) (Please specify)

(h) Particulars of EEFC Account (Amount in FCY)


Balance as on Name of the Bank/Branch
Account No.

(i)Particulars of ADR/GDR funds raised (applicable only where the proposed investment is funded fully/partly out
of ADR/GDR funds (Amount in FCY)

(i) Date of issue (iv)Amount utilised so far

(ii) Amount issued (v)Out of (ii) above, amount


utilised for overseas investments

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(iii)Issue Price (vi)Balance available (Please


indicate where the funds have
been parked)
III - PARTICULARS OF THE FOREIGN PARTNER / CONCERN
(a)Date of incorporation :

D D M M Y Y Y Y

(b) Address of the foreign


partner/concern

(c)Years of experience in the proposed field of collaboration :


(d)Financial details during the last three years :
(Amount in FCY)
ounting year ending Sales/ Net fixed Net Profits/ Paid-up Net worth
turnover assets (loss) capital
(1) (2) (3) (4) (5) (6)

Particulars of JV/WOS (ii)Brief particulars of the pro


ne of activity of the proposed JV/WOS(Please tick the appropriate box) manufactured/goods traded/s
rendered
Manufacturing
Trading
Financial Services

Non-financial services
Others (Please specify)

Location (country) of the proposed JV/WOS :

Time-frame for project implementation of the project :

Accounting year followed in host country :


(Amount in FCY)
project -

uipment

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ssets
erative expenses

ify )

JV/WOS

% to total equity (ii) By foreign collaborator % to total equity

partial/full take over of an existing foreign concern, the total cost of acquisition may be furnished. A certificate from a chartered
ness of the acquisition price should be enclosed.

(Amount in FCY)
Amount
Period Rate of
Interest
TL* WC ** WC TL WC
TL

W
C

** WC = Working Capital

um of equity and term loan as given at (b) and (c)) above


(Amount in FCY)
tingent liabilities Amount Period Remittance
towards invoked
guarantee

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ribution by Indian party (Amount in FCY) IF


no
Amount
dr
nge from the market ie
ces ai
roceeds
port proceeds ng
her dues (Please specify) n
P
aP
r
to
ym
o
t
e
r
VII.Profitability Projections of the overseas JV/WOS (Amount in FCY)

Years of operation
1 2 3 4 5 Total
(a)Gross sales/turnover
(b)Net Profit(Loss)
(c)Dividend
(d)Net worth

VIII. Projected repatriable entitlements, if any (Amount in FCY)

Years of operation
1 2. 3 4 5 TOTAL
(a) Dividend
(b) Others (Please specify)
TOTAL

IX.Projected non-equity exports


(Amount in INR)

Years of Operation
1 2 3 4 5 TOTAL
FOB Value

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DECLARATION
We hereby certify that (i) the information furnished above are true and correct, (ii) all the legal and other
formalities in India and the host country for the above investment have been/will be complied with, (iii)
the amount of investment by way of equity/loan and 50% of the guarantee, either out of market purchase
of foreign exchange or the balances held in the EEFC account, utilisation of ADR/GDR proceeds,
capitalisation of exports/other entitlements is within the limit of US$ 50.00 mn. In a block of three years as
per extant regulations and (iv) no investigations by Directorate of Enforcement are pending against us and
(v) our name is not in the Exporters’ Caution List of the Reserve Bank.

_________________
___________
Place: ___________ (Signature of authorised official)
Date : ___________ Stamp/Seal Name:--------------------------------
Designation---------------------------
List of enclosures :
1. 4.
2. 5.
3. 6.

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Certificate by Authorised Dealer

Forwarded to Reserve Bank of India, Exchange Control Department, ________ Regional Office for information
and necessary action.
*It is certified that the remittances in the manner indicated at VI above towards overseas investment have been
effected by us after obtaining/verifying the documents prescribed in terms of AD/MA Circular No. Dated
2000/ Foreign Exchange Management (Transfer and Issue of Foreign Security) Regulations, 2000.
*It is certified that remittance towards claim under the invoked guarantee indicated at V(d)
above have been made after satisfying that the guarantee has been invoked in accordance with
the terms and conditions of its issue.

* Where applicable.

___________________________
Place: (Signature of authorised official)

Date Stamp/Seal Name:---------------------------------


Designation---------------------------

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Certificate by Statutory Auditors of the Indian party

It is certified that the terms and conditions contained in AD/MA Circular No. Dated
/Foreign Exchange Management (Transfer & Issue of Foreign Securities) Regulations, 2000
have been complied with by the Indian party in respect of the investment under report. In
particular, it is further certified that- (i) overseas investment is in the core activity area of the
Indian party, i.e. the activity which constitute at least 50% of the turn over of the Indian party
in the previous accounting year, (ii) the Indian party has earned net profit during the preceding
three accounting years, (iii) the investment is not in real estate oriented or banking business,
and (iv)* the amount of foreign exchange proposed to be purchased for remittance towards the
investment together with remittances already made and exports and other dues capitalised for
investment abroad during the current financial year under the Automatic Route is/will be
within 25% of the net worth of the Indian party as on the date of last audited balance sheet,
(v)**that the Indian party has (a) a minimum networth of Rs.15 crores; (b)has made net profits
during preceding three years, (c) has fulfilled the prudential norms of capital adequacy as
prescribed by the concerned regulatory authority; and (d) has been registered with the
appropriate regulatory authority in India for conducting financial services activity and (vi)***
proceeds of ADR/GDR being used for the investment is within 50% of the amount raised
abroad by way of ADR/GDR issues.
*Applicable if investment in part or full is funded out of purchase of foreign exchange from market and/or
capitalisation of exports & other dues.
**Applicable only in cases where the investment is in the financial services sector (e.g. insurance, mutual fund ,
asset management, etc.)
***Applicable where investment is funded, in part or full, out of ADR/GDR proceeds.

___________________________
Place: (Signature of Statutory Auditor)

Date Stamp/Seal Name:--------------------------------


Address:-----------------------------

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Instructions for filling up the Form ODA


(This part should be detached and retained by the Indian party)

1.This form, in triplicate, should be submitted through authorised dealer at the time of
making remittance. In all other cases of financial commitment not involving remittance,
the form in duplicate should be forwarded to the concerned Regional Office of the
Reserve Bank within 30 days of making invesments through the authorised dealer.
2.The form should be complete in all respects and accompanied by (i) the prescribed certificate from the
authorised dealer, (ii) certificate from the statutory auditors in the format given in the form and (iii) certified copy
of the resolution of the Board of Directors approving the investment. In respect of supplementary proposals
involving additional equity, loan or guarantee, the particulars furnished in form ODA submitted earlier in respect
of the same JV/WOS need not be repeated; however, revised particulars, to the extent applicable, may only be
indicated.
3.All amounts, both in FC and INR, should be rounded off to the nearest thousand and the
same should be indicated after omitting ‘000, e.g.10,499 and 10,500 should be shown as 10
and 11 respectively.
4.Where there are more than one Indian party making investment in the same JV/WOS
overseas, form ODA should be submitted by all the Indian parties jointly to one AD alongwith
a certificate(s) from other ADs, if remittances are effected by the latter.
5.Wherever the initial investment in a JV/WOS has been made out of balances in the EEFC
account/ADR/GDR proceeds, subsequent investment in such JV/WOS should not be made
unless the Indian party comply with the requirements applicable to investments under the
Automatic Route.
6.In case where the Indian party is successful in the bid for overseas acquisitions for which it
has already made remittance towards Earnest Money Deposit or issued bid bond guarantee,
under a bidding or tender procedure, it should, while effecting the final remittance towards
such acquisition, submit a report in this form ODA to the authorised dealer for onward
transmission to the concerned Regional Office of the Reserve Bank.

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ODB
(Ref H-18)

(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000


Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)

Application for issue of ADRs/GDRs on back to back basis for


overseas acquisitions
i) Name and address of the Indian Company :
ii) Status of Indian Company [public limited :
company, private limited company, public
sector undertaking or others (please specify)]
iii) Name of the Industrial Group/House to :
which the applicant company belongs
iv) Date of incorporation :
v) Existing line(s) of activity (activities) :
vi) Financial particulars of the Indian :
company for the last three years.
(Rs.in crores)
Financial Domestic Forex Forex earnings Net Paid up Net worth
year ended Sales earnings (other than export Profits/ capital
by way of goods/services) (Loss)
_________ _______ ______ ______________ ______ ______ ________
(1) (2) (3) (4) (5) (6) (7)
_________ _______ ______ ______________ ______ ______ ________
_________ _______ ______ ______________ ______ ______ ________
_________ _______ ______ ______________ ______ ______ ________

vii) Particulars of the existing overseas JV/WOS set up /acquired by the applicant
company and its operational details for the last three years.
(Amount in foreign currency / million)
Name of the overseas Approval No. Name of Amount of investment
concern and its issued by RBI Foreign Equity Loan Guarantee
location
_________________ ____________ ________ _____ ____ ________
(1) (2) (3) (4) (5) (6)
_________________ ____________ _________ ______ _____ ________
_________________ ____________ _________ ______ _____ ________
_________________ ____________ _________ ______ _____ ________

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Average Amount repatriated to India Profit (loss) Net worth as


Annual Dividend Other Exports during the per the last
Turnover entitlements realised last year balance sheet
_______ _______ _________ ______ _________ ___________
(7) (8) (9) (10) (11) (12)
_______ ________ _________ _______ _________ ____________
_______ ________ _________ _______ _________ ____________
_______ ________ _________ _______ _________ ____________
_______ ________ _________ _______ _________ ____________

vii) Amount of blanket approval limit being sought for and the justification therefor .
(Please see the instructions)
viii) If the applicant company or its sister concern/promoters/directors are under Exporters’
Caution List of the Reserve Bank or their affairs are under investigation by Directorate
of Enforcement/other law enforcing agencies, the brief particulars thereof and the
present position may be indicated here.

Declaration
It is hereby certified that the information furnished above is true and correct. It is further
certified that all the legal and other regulations/requirements in India and the host country of
acquisitions will be complied with when the transactions for the acquisitions are put through
after obtaining necessary approval from the Reserve Bank.
Place ______________ Stamp/Seal _________________________________
Signature of the authorised official
Date ______________ Name _____________________________

Designation _________________________
List of enclosures:
1 4
2 5
3 6

Instructions for filling up the form ODB

1. The form complete in all respects should be submitted in triplicate to the Chief General
Manager, Reserve Bank of India, Exchange Control Department, Central Office,
OverseasInvestment Department, Amar Building, Mumbai – 400 001.

2. For foreign currency, SWIFT codes may be used.

3. The application should be accompanied by a statement from a Chartered Accountant


certifying that at least 80% of the average turn-over of the applicant company in the previous
three financial years is from the specified activities/sectors (viz Information Technology and

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Entertainment software, Pharmaceuticals and Biotechnology and other sectors as may be


(notified from time to time) or the applicant company has an annual export earnings of at least
Rs.100 crores in the three previous financial years from these activities/sectors.
4. If any specific acquisition deal has been negotiated, the details thereof including the name of
the overseas company being acquired, its performance for the last three years, share exchange
ratio , acquisition price, valuation report from the Investment Banker and the likely benefits to
the acquiring company may also be furnished as an Annexure.
5. A brief write-up incorporating, inter alia, the tentative business plan of overseas
acquisitions, country of location of such foreign companies and their line of activity and
financial and operational particulars, rough estimates of acquisition cost and the basis thereof,
likely benefits to the applicant company and the country from such acquisitions, such as,
synergy between operations, dividend and other inflows, access to technology, incremental
exports, etc. should be enclosed to this form. The information furnished will be kept
confidential.

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ODI
(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)

Application to Reserve Bank of India for Direct Investment in a Joint


Venture/ Wholly Owned Subsidiary Abroad

All amounts of foreign


For office use only currency (FCY) &Indian
Rupees (INR) should be
Date of Receipt ---------------------------
in thousands only, i.e.,
Inward No. ---------------------------
‘000 should be omitted

Part A - General

I. Brief Particulars of proposed Investment

(i) Financial commitment(in FCY) -------------(ii) Country of location ------------------------

(iii) Nature of Investment

(A) Investment in a new project OR (B) Investment in an existing project (i.e.


(i.e. fresh proposal) supplementary proposal)
Please indicate 13 digit Approval/Identification No.
issued by
RBI

Purpose of Investment Purpose of Investment

(a) Participant in JV (a) Enhancement of equity of the


existing JV/WOS

(b) Contribution in WOS (b) Grant of/Enhancement of loan

(c) Full acquisition of a (c) Extension/Enhancement of

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foreign concern Guarantee


(d) Partial acquisition of (d) Others (Please specify)
a foreign concern
(e) Others (please specify)

II. Line of Activity of the JV/WOS


(Please tick the relevant box)

(a) (i) Manufacturing (b) Brief particulars of products to be


(ii) Trading Manufactured/goods to be traded / services
(iii) Financial to be rendered
(iv) Non Financial Services ----------------------------------------------------
(v) Others (Please specify) ----------------------------------------------------

III. Proposed capital structure of the JV/WOS


(a) Indian Party (ies) % stake (b) Foreign Partner(s) % stake
in equity in equity

1. ------------------------- ---------- 1. ----------------------------- -----------

2. -------------------------- ---------- 2. ----------------------------- -------------

3. ------------------------- ---------- 3. ------------------------------ -----------

Part –B - Particular of Indian Party(ies) and Foreign Partner(s)


indicated at A. III above.

I. Indian Party
(Cases where there are more than one Indian party, information may be given on separate sheets for
each of the parties)

(i) Name & Address ___________________________________________________________

(ii) Date of Incorporation _____________ (iii) Date of Commencement __________


of Business

(iv) Status * _____________ (v) Existing Line of Activity ____________

(v) Years of experience in the


line of Activity. ______________

(vi) % of Non-resident interest in the share capital of the Indian Party ______________

* (a) Public Ltd. Company (1), (b)Private Limited Company (2),


(c) Public Sector Undertaking (3), (d) Others (4) (Please specify).

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(vii) Financial particulars of the Indian Party for the last 3 years

Accounting Domestic Foreign exchange Foreign Net Paid- Net worth


Year sales earnings from exchange Profit/(Loss) up
ending exports earnings capital
(excluding equity other than
exports to existing from
JV/WOS) exports
(1) (2) (3) (4) (5) (6) (7)
1
2
3
Particulars of existing Joint Ventures (JV) and Wholly Owned Subsidiaries (WOS)
(viii) already in operation or under implementation ,of the Indian party and its group concerns
. and foreign exchange earnings from these concerns :
(Amount in FCY)
Sr. Name of Name of Approval No. Amount of investment
No Indian Party JV/WOS/ allotted by
Country Reserve Bank
Equity Loan Guarantee
(1) (2) (3) (4) (5) (6) (7)

1
2
3
4
5

Total Repatriations (R) vis-à-vis Entitlements (E) Total non-equity of export made so far
(entitlements & repatriations in the last 3 years to be given (figures for last three years to be given in
in brackets) brackets)

Dividend Others Projected Exports Outstanding, if


exports made any
(E) (R) (E) (R )
(8) (10) (11) (12) (13) (14)
(9)
1.
2.
3.
4.
5.

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II. Particulars of the Foreign Partner(s)/concern


(To be filled in case of foreign investment in JVs only. Cases where there are more than one
foreign partner, information may be given on separate sheets for each of the collaborators)

(a) Name & Address of the foreign partner/concern: _____________________


__________________

(b) Date of incorporation


(c) Years of experience in the
proposed field of collaboration
(d) Financial particulars of the foreign partner/concern during the last 3 years:

(Amount in FCY)
Accounting Sales Net Paid-up Net Dividend %
Year ending profits/(loss) Capital worth
(1) (2) (3) (4) (5) (6)
____________ _____________ __________ _________ ___________ ___________
__________ ___________ _________ ________ _________ _________
__________ ___________ _________ ________ _________ _________

Part –C - Performance of the JV/WOS


(To be filled in case of supplementary proposals only)

I. Date of latest Annual Performance Report (APR) submitted to Reserve Bank

D D M M Y Y Y Y

II. Date of Incorporation III. Date of commencement of


business

D D M M Y Y Y Y D D M M Y Y Y Y

IV. Capital structure of the JV/WOS (Amount in FCY)

(a) Indian Equity


Approved % age to Actual %age to
Amount total equity investment total equity
(i) (ii) (iii) (iv)

(b)Mode of Indian equity investment

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(i) Cash Remittance


(ii) Capitalisation of
(a) Exports of plant
& Machinery/goods
(b) Others (Please specify)
(iii) GDR/ADR proceeds
(iv) Swap of shares
(v) Bonus shares
(vi) Out of EEFC balances
(vii) Others (please specify)

Total :

(c) Foreign equity: i) Amount _________ ii ) % to total equity ___________

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V. (a) Position of Term Loan (TL) /Working Capital (WC) Loan availed of by JV/WOS

(Amount in
FCY)
Amount approved Outstanding Overdue amount , if any
amount
Total
TL WC TL WC TL WC TL + WC

(i) From Indian


Party
(ii)From foreign
partner
(iii) From
Indian banks/
financial
institutions

(iv) Others
( Please
specify)

Total:

(b) Position of guarantees extended to JV/WOS (Amount in FCY)

Amount of Amount Date of Amount paid so


guarantee invoked/claimed Invocation far
approved/extended (if any)

(i) By Indian
Party
(ii)By foreign
party
(iii)By banks
/financial
institutions in
India
(iv) By banks
/financial
institutions
outside India
(v) Others
(Please specify)

VI. Operational details of the JV/WOS for the last three years (Amount in FCY)

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(Year ended) (Year ended) (Year ended)


(1) (2) (3)
(i) Gross Sales/Turnover
(ii) Net Profit/(Loss)
(iii) Dividend
(iv) Net Worth

VII. Entitlements(E) and Repatriation ( R) from the JV/WOS

(During the last ( Since commencement ( Total outstanding


year ended) of business) entitlement due for
repatriation)
(i) Dividend
(ii) Others* (Please specify)
(iii) Non equity exports realised
(iv) FDI Inflows

* ( Royalties, technical know-how fees, consultancy fees, etc.)

VIII. Present proposal in brief with supporting reasons:


___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
_______________________________________________________________________

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Part-D- Financial Package of JV/WOS

(If the project is to be implemented in phases, separate sheets showing phase-wise distribution of cost
should be attached and only the total of all the phases should be indicated below)

I. Rate of exchange applied for the projections.

1 US $ = INR ________
FCY ______ _Units = US $ ________
II. Estimated cost of the project * (Amount in FCY)
(i) Cost of capital equipment
(ii) Cost of land
(iii) Cost of civil works
(iv) Cost of misc. fixed assets
(v) Preliminary & preoperative expenses
(vi) Contingencies
(vii) Others (Please specify)
Total :

* In case of supplementary proposals, the revised cost of the project may be indicated

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III. Financing of the estimated project cost:

Equity Term loan(TL)/ Guarantee


Working Capital (WC)

Amount of % age to Amt. Period. Rate of Amount Period


Equity total Equity Interest
(A) By Indian
Party(ies)
(i)
(ii)
(iii)
SubTotal :

(B) By Foreign
Partners
(i)
(ii)
(iii)
Sub-total

C) By Banks/
Fis/others
i)
ii)
iii)
Sub Total
Total of A to C

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(Equity share capital plus term loan above should be equal to the total cost of the project as at II above.)
IV Method of Investment (Amount in FCY)
(a) By the Indian party
(i) Cash remittance
(ii) Capitalisation of
(A) Export of plant &
machinery/goods
(B) Others (Please specify)
(iii) ADRs/GDRs raised abroad
(iv) Swap of shares
(v) Others( Please specify)
Total
(b) By the foreign partner
(i) Cash
(ii) Fixed assets
(iii) Loans
(iv) Others (Please specify)
Total
(c) Funding of Indian investment
(i) Self-generated funds
(ii) Assistance under Overseas
Investment Finance Scheme
of the EXIM Bank, if
applicable
(iii) Resources raised through
ADRs/ GDRs
(iv) Loans from banks/financial
institutions
(v) Out of balance in EEFC
Account
(vi) Swap of shares
(vii) Others (Please specify)
Total

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V. Management of the foreign concern. (Whether the Indian party will have management
control? If yes, give brief particulars of management/managerial functions to be discharged by
the Indian party).

PART - E – Financial projections of the fresh/ revised financial projections in case of


supplementary investment proposals

I. Profitability Projections: (Amount in FCY)


Years of operation

1 2 3 4 5
(a) Gross sales/turnover
(b) Operating cost
excluding depreciation
and interest
(c) Depreciation
(d) Interest
(i) On term loans
(ii) On Working
Capital loans
(e) Tax
(f) Net Profit)/(Loss)
(g) Dividend
(h) Transfer to reserves
(i) Accumulated reserves
& surplus /(loss)
(j) Net-worth

II. Repatriable entitlements of Indian Party, net of host country tax, during the next 5 years
of operation (Amount in FCY)
Years of operation
1 2 3 4 5 Total
(a) Dividend
(b) Technical know-
how fees
(c) Royalty
(d) Engineering/
Technical
services fees
(e) Consultancy/
Management fees
(f) Selling agency
commission
(g) Others (Please
specify )

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Total

III. Projected for non equity/incremental exports (Amount in INR)


Years of operation
1 2 3 4 5 Total
FOB Value

IV. (a) Whether the applicant party/ies, its promoters, directors, etc. have come under
investigations by Enforcement Directorate. If yes, the brief details thereof including present stage of
investigation/adjudication/manner of disposal of the case should be furnished.

(b) Whether the promoter Indian party/ies is/are presently on the Exporters’ Caution -list of
RBI for non-realisation of export proceeds. If so, the present position may be indicated.

V. Any other information relevant to this proposal, including any special benefits/incentives
available in the host country for setting up/acquiring the proposed concern:

VI. Name and address, telephone, telex and fax numbers of the branch of the authorised dealer
through whom remittance towards the investment will be made.
____________________________________________________________________________
____________________________________________________________________________
________________________________________________________________

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[ DECLARATION ]

I/We hereby certify that the information furnished above are true and correct.

Place
Date: __________________________

(Signature of authorised official)


Stamp/S Name:…………………………
Designation …………………..

List of enclosures :

1. 4.
2. 5.
3. 6.

***************

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ANNEXURE

Instructions for filling up the Form ODI


(This part should be detached and retained by the applicant)

(1) Application complete in all respects must be submitted in three sets together with the following
documents to the Chief General Manager, Reserve Bank of India, Exchange Control Department,
Central Office, Overseas Investment Division (OID), Amar Building, Mumbai - 400 001 :

(a) Draft Joint Venture Agreement (or Memorandum & Articles of Association in the case of a
Wholly Owned Subsidiary) specifying the equity structure, management, rights and
responsibilities of shareholders and also draft agreement(s) for supply of technical know-
how, management and other services, if applicable.

(b) A detailed project/feasibility report incorporating, inter alia, projected funds flow statement
and balance sheets for five years, the information on various leverage and profitability ratios
like debt-equity ratio, debt service coverage ratio, return on investments, etc. of the foreign
concern accompanied by the statement from a Chartered Accountant certifying the ratios
and projections, given in the application/report.

(c ) A report from the bankers of the Indian party in sealed/closed cover.

(d) The latest Annual Accounts, i.e. Balance Sheet and Profit and Loss Account alongwith
Directors’ Report of the Indian party.

(e) Additional documents as under, if the application is made for partial/full take over of an
existing foreign concern :-

(i) A copy of the certificate of incorporation of the foreign concern;

(ii) Latest Annual Accounts, i.e. the Balance Sheet and Profit and Loss Account alongwith
Directors’ report of the foreign concern ; and

(iii) A copy of the share valuation certificate from a Chartered Accountant/Auditors’ firm.

(f) A copy of the resolution of the Board of Directors of the Indian party/(ies) approving the
proposed investment.

(g) Where investment is in the financial services sector, a certificate from a Chartered
Accountant/Auditor's firm to the effect that the Indian Party :

(i) has earned a net profit during the preceding three years from the financial services activity;

(ii) is registered with the appropriate regulatory authorities;

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(iii) has a minimum net-worth (paid-up capital and free reserves) of not less than Rs.15 crores as on
the date of last audited balance sheet; and

(iv) has fulfilled the prudential norms relating to capital adequacy as prescribed by the concerned
regulatory authority in India.

2. Where there are more than one Indian promoter of the JV/WOS, only one application should be
submitted on behalf of all the promoters.

3 (a) In case an Indian party is seeking approval for acquisition of overseas concern through
bidding/tender procedure (with/without remittance of any earnest money deposit (EMD)/issue of bid
bond guarantee), Indian Party should approach the Reserve Bank atleast one month in advance from
the last date for submission of bid to the overseas authority with the following documents :

(i) application in form ODI, to the extent applicable;

(ii) certified relevant extracts of the terms and conditions of bid;

(iii) Chartered Accountant’s certificate indicating the valuation of shares and assets of the
overseas concern justifying the acquisition price, where applicable; and

(iv) a project/feasibility report.

(b). In the case where the bid is won by the Indian Party but the terms and conditions of the
acquisition are different from those furnished earlier to the Reserve Bank, the Indian Party should apply
afresh to the Reserve Bank in form ODI for prior approval before putting through the transaction.

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ODR

(Ref H-18)
(Notification No. FEMA 19/RB-2000 dated 03.05.2000 dated 03.05.2000
Master Cir.No.EC.CO.PCD.No.53/15.02.76/2001-2002 dated 04.04.02)

ODR
Report on Remittances for Overseas Direct Investment by
Authorised Dealers

All amounts in Foreign Currency(FCY) and Indian


Rupees (INR) should be in thousand only.

For use by RBI only


Date of Receipt Inward No.
Identification No.

Name and address of : ___________________________________________________


the authorised dealer ___________________________________________________
___________________________________________________

Telephone No. : _____________________


FAX No. : _____________________
e-mail : _____________________
A.D. Code : _____________________.

If the investment is in the existing JV/WOS, please indicate Identification/Approval No.


already allotted :
No.

I. GENERAL
Nature and category of the investment [Please tick ( a) the appropriate box] :
A. Fresh Proposal B. Supplementary Proposal
(i) Participation in JV abroad (i) Enhancement of equity in
existing JV/WOS abroad
(ii) Contribution in WOS (ii) Grant/enhancement of
loan in existing JV/WOS
(iii) Full/partial* takeover of an (iii) Extension/enhancement
existing foreign concern of guarantee
(iv) Acquisition of a company (iv) Others (Please specify)

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overseas through bidding or


tender procedure
(* Strike out whichever is not applicable)

II. PARTICULARS OF INDIAN PARTY


(a) Name and Address of the _______________________________________________
Indian party _______________________________________________
_______________________________________________

Telephone No. : _____________________


FAX No. : _____________________
e-mail : _____________________
(b) Status*
(c) Name of the Industrial House/Group to
which the Indian party belongs

(d) (i) Existing line of activity of the Indian (ii) Brief particulars of the products
party manufactured/goods traded/services
(Please tick the appropriate box) rendered
Manufacturing
Trading
Financial Services
Non-Financial Services
Others (please specify)

(e) Years of experience in the existing line of activity :


* (a) Public Ltd. Company (1), (b) Private Ltd. Company (2)
(c) Public Sector Undertaking (3), (d) Others (4)
(Please specify)

III. PARTICULARS OF THE FOREIGN PARTNER/CONCERN(in case of JV)


(a) Details of the foreign partner/concern
Name : ____________________________________________________
Address : ____________________________________________________
____________________________________________________
Telephone No. : ________________________________
FAX No. : ________________________________
e-mail : ________________________________
(b) Years of experience in the proposed field of collaboration :

IV. PARTICULARS OF JV/WOS


(i) Name and Address of the _______________________________________________
JV/WOS _______________________________________________
_______________________________________________

Telephone No. : _____________________


FAX No. : _____________________
e-mail : _____________________

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(ii) Country of location:


(iii)Line of activity of the JV/WOS (iv) Brief particulars
(Please tick the appropriate box) of the products manufactured/
goods traded/services rendered
(a) Manufacturing
(b) Trading
(c) Financial Services
(d) Non-financial Services
(e) Others ( Please specify)

(v) Percentage holding by Indian Party Percentage holding by foreign partner


(in case of JV) : (in case of JV) :
(vi) Time-frame for implementation of the project :
(vii) Accounting year followed in the host country :

V. PROFITABILITY PROJECTIONS OF THE OVERESEAS JV/WOS


(Amount in FCY)**
Years of
Operation
1 2 3 4 5 Total
(a) Gross sales/turnover
(b) Net Profit(Loss)
(c) Dividend
(d) Net worth

VI. PROJECTED REPATRIABLE ENTITLEMENTS


(Amount in FCY)**
Years of Operation
1 2 3 4 5 Total
(a) Dividend
(b) Others (Please specify)
Total

VII. PROJECTED NON-EQUITY EXPORTS


(Amount in INR)
Years of Operation
1 2 3 4 5 Total
FOB Value

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VIII. DETAILS OF REMITTANCES EFFECTED


Investments under Automatic Route/approval issued by Reserve Bank
(Strike out whichever is not applicable)
Currency**
Amount of the proposed investment :
Equity Loan Guarantee(Invoked) Date of Remittance

Details of actual remittance effected :


(a) From EEFC A/c.
Equity Loan Guarantee(Invoked) Date of Remittance

(b) By Market Purchases


Equity Loan Guarantee(Invoked) Date of Remittance

(c) From the ADR/GDR funds parked in India/outside India


(Strike out whichever is not applicable)
Equity Loan Guarantee(Invoked) Date of Remittance

(d) Capitalisation of Exports/Other dues @


Date of capitalization: Amount:
(e) Guarantee issued: Amount:
@ Please specify the other dues being capitalised viz., royalty, technical know-how fee,
consultancy fees, etc.
** Please indicate name of the foreign currency(FCY) as per SWIFT code.

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We hereby confirm that the remittance* has been allowed under the Automatic Route based on the
certification given by the statutory auditors (in form ODA) confirming compliance with the prescribed
terms and conditions by the Indian party/*is in accordance with the terms and conditions of the approval
letter issued by the Reserve Bank./*in respect of the invoked guarantee has been made after satisfying that
the claim is in conformity with the terms and conditions of the guarantee issued to/on behalf of the
JV/WOS abroad.

* strike out whichever is not applicable

Stamp/Seal
Place _________________ ____________________________
Signature of the Authorised Official
Date __________________ of the Bank
Name : ____________________
Designation : __________________
Tel.No. : __________________
FAX No. : __________________

Note :
This form should be forwarded to the Overseas Investment Division, Central Office, Exchange
Control Department, Reserve Bank of India, Amar Building(Third Floor), Fort, Mumbai 400
001 immediately after making the remittance/capitalisation of exports, other dues, etc.

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orm TS 1

(Notification No. FEMA 20/2000-RB dated 3rd May 2000- see regulation 10 –B)

Application for transfer of shares of a company registered


in India by a non-resident to a person resident in India

Instructions :

1. The application should be completed in duplicate and submitted to the concerned Regional Office of
Reserve Bank under whose jurisdiction the Head/Registered Office of the company, whose shares are to be
transferred, is situated if the transferor is a foreign company/foreign national resident outside India.

2. The application may be signed either by the transferor or the transferee attaching therewith consent in
writing of the other party or a copy of the sale/purchase agreement.

Documentation :

1. Photocopies of Reserve Bank’s approval(s) for acquiring and holding shares by the transferor, if specific
approval was grtanted by Reserve Bank for holding/acquisition of shares, if applicable.

2. In case the shares proposed to be transferred are listed on a Stock Exchange, a certificate from a
Chartered Accountant certifying the average quotation (average of daily high and low) for one week
preceding the date of application.

3. In case of unlisted/thinly traded shares, valuation of the shares on basis of any valuation methodology in
vogue, if the total consideration is upto Rs.20 lakhs.

4. In case of unlisted/thinly traded shares where the total consideration exceeds Rs.20 lakhs, two valuation
certificates for the shares of the company, one from the statutory auditors of the company and the other
from an independent Chartered Accountant/SEBI registered Category-I Merchant Banker.
Or
Documentary evidence showing Price Earnings (PE) and Book Value (BV) multiples of Bombay
Stock Exchange National Index (BSEN) for the calendar month immediately preceding the date of
application and a certificate showing the Earnings Per Share (EPS) and Net Asset Value (NAV) of the
shares of the company as per the latest audited Balance Sheet.
________________________________________________________________

1. Particulars of the transferor

A. If the transferor is a corporate body

(i) Name and address

(ii) Place of incorporation

(iii) Total shareholding in the investee

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company

(iv) Particulars of Reserve Bank


approval/s for acquiring/ holding
shares

(v) Number and face value of the


shares proposed to be
sold/transferred

B. If the transferor is an individual

(i) Full name and address

(ii) Number of shares held in the


Indian company

(iii) Reserve Bank’s approval


number/s and date(s) (if any) for
acquiring/ holding the shares

(iv) Number and face value of shares


proposed to be sold/transferred
2. Particulars of the Indian company whose
shares are to be sold /transferred

i) Name and address

ii) Place of incorporation

iii) Total paid –up capital No. of shares Amount

a) Equity

b) Preference

c) Held by
Equity Preference
i) Non-resident : No. of Percentage to No. of Percentage to
shares total paid-up shares total paid –up
equity shares preference
shares

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(a) Foreign nationals/


Corporate bodies [ other
than included in (b)
below]

(b) NRIs/Overseas corporate bodies


predominantly owned by NRIs

ii) Residents:

(a) Indian Promoters


(b) Others

Total

3. Particulars of the buyers/transferee:

(i) Name and address

(ii) Place of incorporation

4. Whether the shares are quoted on a recognised Stock Yes/No


Exchange ?
(i) If the shares are quoted on the Stock Yes/No
Exchange, whether the sale is proposed
to be effected on the floor of the Stock
Exchange to the general public at the
Prevailing market price?
(ii) If the sale (of the quoted share) is by way
of private arrangement, please furnish
the following:

(a) the average of quotations (average of daily


high and low) for one week preceding the
date of application duly certified by a
Chartered Accountant. [item 2 under
Documentation]

(b) the proposed sale price

5. If the sale/transfer is of non-listed as well as listed but not


regularly traded shares, the proposed sale price [to be
supported by a Chartered Accountant's certificate as
indicated in Item 4 under Documentation]

6. Whether the transferor/transferee requires any permission


under the Companies Act/MRTP Act. If so, whether such
permission has been received from the appropriate
authority.

7. Reason for the proposed sale/transfer of shares

8. Any other information which the applicant wishes to

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furnish in support of this application.

I/We declare that the particulars given above are true and correct to the best of my/our knowledge and
belief.

Place:.................. ........... ...............................................


Date :.................. (Stamp and signature of the transferor/
transferee as the case may be)

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FORM A2 AD Code
No._____________________________
(for payments other than imports and Form
No._________________________________
remittances covering intermediary trade) (To be filled in by the Authorised Dealer)
Serial No.________________
________________
(For use of Reserve Bank of India)
Application for Remittance Abroad Currency ____________
Amount_____________
Equivalent to
Rs.___________________________
(To be completed by Authorised
Dealer)
I/We wish to purchase/transfer
____________________________________________________
(Name of currency and amount in words)
through_____________________________________________________________for
payment
(Name and address of Authorised Dealer)
to
___________________________________________________________________________
(Name and address of the beneficiary)
by remitting the amount / by credit to the account
of___________________________________
(Full title of the account & country of non-resident bank and name of AD with whom account is maintained)
____________________________________________________________________________
_
for the purpose indicated below:
(Remitter should put a tick (ü) against an appropriate purpose code. In case of
doubt/difficulty,
consult your banker.)
Code Purpose Code Purpose
Capital Account Transactions Insurance
S001 Investment in shares abroad by residents S501 Life insurance premium
S002 Investment in Debt Securities abroad by residents S502 General insurance premium
S003 Investment is branches/subsidiaries abroad by S503 Reinsurance premium
Residents S504 Insurance commission
S004 Investment in real estate abroad by residents S510* Other insurance payments
S005 Repatriation of foreign investment in shares Other Services
S006 Repatriation of foreign investment in Debt Securities S601 Postal/Telecom services
S007 Repatriation of foreign investment in subsidiaries/ S602 Projects abroad
Branches S603 Band charges/commission
S008 Repatriation of foreign investment in real estate S604 Soft/Hardware consultancy, services
S009* Loans to non-residents S605 Subscription to periodicals, Correspondence courses
S010* Repayment of LT/MT loans S606 Computer and IT services
S011* Repatriation of NR deposits S607 Royalty, License fees
S012 Repayment of ST (6 m. to 1 Yr.) Loans S608 Professional service, Technical fees
S013 Repayment of loans/ODs by banks S609* Refunds and rebates on trade
S014 Notional sale for credit to NRI deposits S610* Other remittances
S015* Other capital account payments Government, Not included elsewhere
Other import payments not covered by form A1 S701 Maintenance of Indian Embassies
S103 Imports by diplomatic mission S702 Remittance by Foreign Embassies
S104 Imports under intermediary trade Transfers
Travel S801 Foreigner's family maintenance

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S301 Business travel S802 Private gift/donation


S302 Travel for Medical purpose S803 Grants/donations to charity by Govt
S303 Travel for education S804 Contribution by Govt. to international institutions
S304 Basic Travel Quota (BTQ) S810* Other transfers
S305 Travel for pilgrimage Income
S310* Other travel payments(Including credit card) S901 Interest on NRI deposits
Transportation S902 Interest on loans
S401 Shipping transport - Remittance by fgn. Cos. S903 Dividends, profits
S402 Air transport - Remittance by fgn. cos. S904 Interest on debentures/bonds

S403 Shipping transport - Remittance by Indian cos. S905 Interest on ODs in Nostro A/c.
S404 Air transport - Remittance by Indian cos. S906 Salary of Non-residents
S405 Freight on imports S910* Other income
S406 Freight on exports
S407 Charter hire charges (Airline cos.)
S408 Charter hire charges (Shipping cos.)
S409 Booking of passage in foreign countries
S410* Other transportation (e.g. demurrage, etc.)

*Please give full details _________________________________________________________


_________________________________________________________

I / We hereby declare that the statements made by me / us on this form are true and that I / we have not
applied for an authorisation through any other bank.
I / We declare and understand that the foreign exchange to be acquired / payment to be made by me /us
pursuant to this application shall be used / made by me / us only for the purpose for which it is acquired
/ to be made and that the conditions subject to which the exchange/permission is granted will be
complied with.
I/We desire to travel to __________via___________for the purpose of___________________
Passage has been booked through_________________________________________________
(Name of airline/shipping co. or passage agent)
____________________The date of departure is ______________The exchange is required in the
form of
Currency Amount
Notes & Coins _______________ ______________
TCs _______________ ______________
Draft _______________ ______________
Letter of Credit _______________ ______________
Total _______________ ______________

Name of Applicant (s) ______________________ Nationality of Applicant (s) _____________


Address of Applicant (s) _________________________________________________________
_________________________________________________________

Date ----------------- Signature of Applicant(s)/Authorised Official


(Space for comments of the Authorised Dealers)
While forwarding the application to Reserve Bank
of India for approval, reference to ECM paragraph / AD
circular in terms of which the reference is made
should invariably be cited.)
Approval for similar remittances was obtained from the Reserve Bank of India vide permit No.
_________________ dated _________________.

___________________________________

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(Stamp and Signature of Authorised Official)


Name & Designation ……………………………………….
Name & Address of Authorised Dealer ……………………
Date ______________

Certificate to be furnished by Authorised Dealers (Applicant's Banker)

We hereby certify that


A. the remittance has been made
In terms of authority delegated to authorised dealers vide paragraph __________ of
the Exchange Control Manual and / or AD Circular No. ______________________
dated __________________________
or
In terms of Reserve Bank Permit No. ________________ dated ___________________
B. all the Exchange Control regulations applicable to the remittance have been complied
with.
C. documentary evidence in support of the payment has been verified.
D. payment to the beneficiary has been/will be made through______________________
____________________________________________________________________________
__
(Name and address of the designated bank in ACU member country)

_______________________________________
(Stamp and Signature of Authorised Official)
Name & Designation ……………………………………….
Name & Address of Authorised Dealer ……………………
Date: ____________

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BBI
(Ref : C-4)
(Paragraph 7 v. of Annexure 1 A.D.(M.A.Series) Cir. No.11 dated 16.05.2000)

Statement showing the particulars of shipments under


inward air/sea cargo consolidation during the period
from ………………….…. to ………………………..

Name of the overseas consolidator :

Name and address of the Break-bulk agent in India :

Particulars of inbound shipments on prepaid/charges collect basis

(in foreign currency)


Sr. *MAWB Particulars of HAWB/HBL* Details of charges claimed by the
No. MBL overseas consolidator
No. Dat HAWB Prepaid Charges Freight Insurance Certificate of Miscellaneous
e HBL collect premium origin (to be
No. Date charges Specified)

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Eligible amount Breakbulk fees/agency Profit share Net amount to be


(8+11) – (9+10) commission/other charges remitted [12 – (13 or 14)]
12. 13. 14. 15.

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The aggregate amount required to be remitted is ……………………………………………. (in foreign currency


as shown in Form A2)

Note: Separate statements should be submitted for air/sea cargo consolidation.

_________________________________
Place: ________________ (Signature of Authorised Official)

STAMP

Date _________________ Name:


___________________________

Designation:
______________________
* Strike out whichever is not applicable.

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BBX 1

(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)

Particulars of Break-bulk Agents appointed abroad by Air/Sea Cargo


consolidators in India for movement of consolidated air/sea cargo from India
Instructions:

1. A copy of this form should be submitted to the Office of Reserve Bank under whose
jurisdiction the Head / Registered office of the applicant firm / company is situated, through
authorised dealer with whom the agency arrangement is registered.

2. Parts A and C are to be filled up in case of fresh arrangements; Thereafter, the information
as in Part B may be submitted as at the end of every year within one month from the close
of the year alongwith the documents listed in item 5 below.

Documentation:
3. Certified copies (in duplicate) of agreements/correspondence exchanged with break- bulk
agents proposed to be appointed abroad.

4. Certificate of membership of *International Air Transport Association (IATA) and Air


Cargo Agents Association of India (ACAAI)/Sea Cargo Agents Association, if any in
original together with photocopies, held by the applicant.

5. Auditor's/Chartered Accountant's Certificate furnishing the following data pertaining to the


previous year Ä

(a) total freight amount collected from exporters against *air/sea cargo consolidated,
(b) total amount of freight paid to airlines/shipping companies against *air/sea cargo
consolidated,
(c) total remuneration paid/payable to break-bulk agents abroad.

PART A

1. Name and address of the Head/Principal Office of the


applicant Cargo Agent
2. IATA Code Number of the applicant (for air cargo agents
only)
3. Whether the applicant is a member of the *Air/ Sea Cargo
Agents Association of India
4. Name of the company in whose name the *House Air way
Bill/Bill of Lading will be issued (copy to be enclosed)

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5. Location in India where *air/sea cargo will be consolidated


(any new location added after the application should be
advised separately to the Reserve Bank)
6. (a) Names and addresses of break-bulk agents proposed to (a)
be appointed abroad (indicating their IATA Code
Numbers in case of air cargo consolidation) If space is
not sufficient, a separate list may be attached
(b) Term of Remuneration payable to the break-bulk (b)
agents/profit sharing ratio
7. Nature of services to be rendered by the break-bulk agents
abroad
8. Name and address of the authorised dealer through whom the
remittance to agents abroad will be made

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PART B

9. Total freight amount collected from exporters against cargo


consolidated during the previous year
10. Total freight amount paid to airlines/shipping companies
against air/sea cargo consolidated during the previous year
11. Total freight difference earned by the cargo agents against
cargo consolidated during the previous year (9-10)
12. Total remuneration paid/payable to break-bulk agents
during the previous year

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PART C

DECLARATION
We hereby confirm that:

(a) The particulars etc. given above are true and correct to the best of our knowledge and
belief.
(b) No application for release of exchange has been or will be made to any other authorised
dealer in respect of the appointment of break-bulk agents by us.
(c) All the expenses/remuneration payable to the break-bulk agents will be borne by the
applicant firm/company.
(d) We shall abide by the code of conduct framed by the *Air Cargo Agents Association of
India (ACCAI) or Sea Cargo Agents Association and undertake to abide strictly by the
terms and conditions prescribed by the Reserve Bank if this application is approved.

Place : ………………... ………………………………...


Stamp
(Signature of Authorised Official)
Date : ………………… Name: ……………………………………
Designation: ……………………………..
(Signature on behalf of a firm should be that of the senior partner/proprietor and of an
authorised official in case of a company)
* Strike out whichever is not applicable.

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BBX 2

(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)

(To be submitted in duplicate)

Statement of air/sea* cargo consolidation made by ……………


……………………………. during the month ……..91 ……
(Name and address of Consolidator)

Sr.No.of Name and GR Country of Freight HBL * Name of Freight Name and Remarks
consoli- address of Form destination collected HAWB MBL Airline/ paid to address of
dation Exporter No. of the cargo from No. MAWB Shipping Airline Break-bulk
Exporter Dt. No. Company Shipping Agent
companies abroad

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

1.

2.

3.

4.

Total

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We confirm that the above statement is a complete list of all consolidations done during the
month.

We also confirm that the freight amounts collected from the exporters are in conformity with
the consolidation * air/sea freight tariffs submitted by us to the Ministry of Commerce,
Government of India.

We also enclose copies of certificates issued by us to Airlines/Shipping companies together


with the original declarations submitted to us by the individual exporters confirming that the
exports are on 'freight prepaid basis'.

We certify that consolidation has been done in strict conformity with the Exchange Control
regulations in force.

Original *MAWB/HBLs with copies of relative *HAWBs/MBL are enclosed.

Place : ………………... …………………………………...


Stamp
(Signature of Authorised Official)
Date : ………………… Name: ……………………………………
Designation: ……………………………..
* IATA Code No. ………………………..

* Strike out whichever is not applicable.

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CAS
(Ref: C-3,C- 4 & C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)

Statement of export shipments made on 'charges collect' basis and


repatriation of the funds involved for the month ended .......199
(To be submitted in duplicate)

Name of the freight forwarder:


_____________________________________________________
Address & Phone No.
___________________________________________________________
_________________________________________________________
__
Part 'A' Charges collect shipments sent
Sr. Name of the Details of export shipments Destination Freight paid Charges to be
No. overseas agent to *shipping/ collected by
airline agent abroad
MAWB * HAWB *
company U.S.$
MBL No. & date/ HBL No. &
Rs.,
date
(1) (2) (3) (4) (5) (6) (7)

(i) Shipments of earlier months for which payments were to be received at the beginning of the month
(1)
(2)
(3)
(4)
(ii) Shipments sent during the month
(1)
(2)
(3)
(4)

Part 'B': Repatriation of charges collected


Sr. Name of the Details of export shipments Destina- Charges Charges Date of BBA’s
No. overseas tion to be received Receipt fees
agent MAWB * HAWB * collected (6-7)
MBL No. & HBL No. & U.S.$ U.S.$
date/ date
(1) (2) (3) (4) (5) (6) (7) (8) (9)

Notes: (i) Copies of relevant MAWB/MBL & HAWB/HBL should accompany Part 'A'
________________________________
Place: (Signature of authorised official)
Stamp

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Name: ___________________________
Date: Designation: ______________________

* Strike out whichever is not applicable.

Certificate from the Chartered Accountant

Certified that the particulars furnished above have been verified with reference to the
books of account and bank certificate verified for the inward remittance received for the
purpose as per column 7 above.

Place: Signature :

Date: Status :

Chartered Accountant
Registration
No.________________________

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DIC
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)

Certificate to be furnished by an importer in support of payment of freight


on goods moving in consolidation by *air/sea
We hereby certify that an amount of Rs.......... paid by us towards import freight in

respect of goods moved against *House Airway Bill / Bill of Lading No............ dated ...................

of M/s.................................is required to be borne by us. We also certify that no freight amount

has been paid by us earlier in respect of these goods and that the freight amount has also not

been included in the supplier's invoice for the above goods.

Place: Signature of the authorised official


Stamp
Date: Name :
Designation :
Name & full address of importer :
Import-Export Code No.:

* Strike out whichever is not applicable.

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ECB 2
(Notification No. 3/2000-RB dated 3rd May 2000)

Details of actual transactions of Foreign Currency


Loans/Financial Lease (other than short-term
foreign currency Loans)

Statement for the quarter ended.........

Instructions

1. This statement should be submitted in duplicate, to Reserve Bank within 10 days from the
close of the quarter to which it relates furnishing details of all types of foreign currency
borrowings viz. foreign currency loans, suppliers' credits, bonds, convertible bonds,
FRNs, cross-border financial lease, etc. If there are no transactions during a particular
quarter, a "Nil" statement indicating only the outstanding balance of the loan/credit
should be submitted.

2. One copy of this statement should be accompanied by an Annexure in the attached form,
alongwith a complete set of documents towards utilisation of loan/credit. The information
furnished in the Annexure should be certified by the statutory auditors/Chartered
Accountant.

3. In case of suppliers' credits, the dates of imports are to be given in place of dates of
drawals.

4. For utilisation of drawal following codes should be used -

1 - Import of capital goods


2 - Import of raw material
3 - Remittance to India
4 - Pre-payment of old loans/repayments
5 - Amount held abroad in Foreign Currency account
6 - Interest payment
7 - Payment for Technical services
8 - Others (Specify)

5. For source of funds following codes should be used -

A - Remittance from India


B - From FCL funds held abroad
C - From foreign currency account held abroad
D - Conversion of equity capital

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E - From export proceeds held abroad


F - By debit to EFC/EEFC account in India
G - Others (Specify)

6. If repayment schedule indicating exact dates of payments has not been submitted at the
time of agreement, the same should be given with this statement. Any revision in
repayment schedule made subsequently should also be indicated.

7. All dates should be given as YYYY/MM/DD such as 1996/06/30 for June 30, 1996.

8. Indicate tranche Number if the loan is multi-tranche, for items 5, 6 and 7.

1. (a) Government Loan Key Number :

(b) RBI Registration Number :

2. Name & address of Borrower/Lessee :

[For RBI use]

3. Currency and Amount of Loan :


[For RBI use]

4. Country of lender :
[For RBI use]

5. Drawdown Transaction during the quarter - Tranche No. :

No. Date of drawal/Import (see Currency Amount Amount of loan approved but not
instruction 3) yet drawn

6. Utilisation during the quarter - Tranche No. :

No. Date Purpose (only codes) (see Country Currency Amount


instruction 4)

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7. Debt Servicing - Remittances during the quarter - Tranche No. :

No. Purpose Date of remittance Currency Amount Source (only codes) [see
Due date Actual date of instruction 5]
remittance
1. Principal

2. Interest

3. Others
(specify)

8. Amount of loan/credit outstanding at the end of the quarter -

Currency Amount
[For RBI use]

9. Country to which remittance sent


[For RBI use]

10. Repayment schedule :

i) Number of instalments

ii) Number of payments in a year :

iii) Currency and amount of :


each instalment
[For RBI use]
iv) Date of first payment :
(YYY/MM/DD)

v) Date of final payment :


(YYYY/MM/DD)

(If instalments are of unequal amount or are not regular, furnish details of each instalment
with date and amount in the following format by way of a separate sheet)

No. Date (YYYY/MM/DD) Currency Principal Interest

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We hereby certify that the particulars furnished above are true and correct to the best of our
knowledge and belief.

We confirm that prior approval of Reserve Bank of India/Authorised Dealer was obtained
by us by submitting applications in form ECB 3 in respect of all the remittances made by us as
described above.

Place :
Stamp (Signature of Authorised Official of
Date : the borrower/lessee)

Name :
Designation :

[Certificate by an Authorised Dealer]

We hereby certify that the information furnished above with regard to debt servicing,
outstandings and repayment schedule is true and correct as per our record.

Place :
Stamp (Signature of Authorised Official
Date :
Name

Designation

Name & Address of


Authorised Dealer
Uniform Code No.

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[Space for use of the Reserve Bank of India]

This statement has been scrutinised as per instructions contained in the Book of
Instructions and circulars issued from time to time and found to be in order. Code numbers
against items nos.2, 3, 4, 8, 9 and 10(iii) have been supplied in the relevant boxes. Further, the
identification details of the loan/credit in question have been agreed with the corresponding
entries in the statement furnished earlier to DESACS vide Form 83. Information supplied in
this statement has been posted in the register in Form 85.

Assistant Manager
Date
Reserve Bank of India,
Exchange Control Department,

ANNEXURE TO ECB 2

Details of utilisation of foreign currency loan/credit

[This supplementary statement should be submitted with ECB 2 with a


complete set of documentary evidence in support of utilisation of loan/credit,
till such time the loan/credit has been fully utilised and all the relative
documents submitted to Reserve Bank]

Report for the period ended________________

1. Name of the borrower :

2. FCL Registration No. :

3. Government Loan Key No./ :


Sanction No.

We state that we were permitted to raise a foreign currency loan/credit


for ________________
from______________________________________________________
(amount)
for the purpose
_________________________________________________________________

We hereby certify that the amount of loan/credit has been utilised by us fully/partly for
the approved purpose strictly in accordance with the terms and conditions of the loan approved
by Government of India and Reserve Bank of India.

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The details of utilisation are as under:

1. Loan utilised for the purpose of –


2. A) If it is for Imports -

(a) Description of goods imported :

(b) Value of imports :

(c) Particulars of documentary evidence :


in support of above imports
(Enclose the following documents)

i) Original Invoice No. & date :

ii) EC copy of Bill of entry :


for Home Consumption
(No. & date)

iii) EC copy of import licence, :


if any - No. & date

iv) Others (specify)

B) If it is for a purpose other than for


imports, please state -

(a) Purpose :

(b) How actually the foreign currency :


has been disposed/utilised?

(c) Documentary evidence in support of (b) :


[Enclose relevant documents)

2. Any other information -

3. The unutilised amount of loan stands parked in our account


No._____________________
with
_________________________________________________________________________
(Name and address of bank)
and its utilisation will be reported in the next ECB 2 statement(s). We note that if we decide
not to utilise this balance amount, we shall report the details to Reserve Bank and seek further
instructions.

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4. We certify that the information furnished above is true and correct. No material
information which may affect the Reserve Bank decision to allow the remittances connected
with this loan/credit, has been withheld by us.

5.* We certify that we sanction and disburse foreign currency loans to our
customers/borrowers strictly in accordance with the terms and conditions approved by
Government of India and Reserve Bank of India and ensure that the funds are utilised by those
borrowers for the purpose for which the loans are disbursed to them.

Date: ___________ _____________________________


(Authorised signatory)

[Affix here stamp/seal of the Name: __________________________


corporate office of the
authorised signatory] Designation: __________________________
Full address: __________________________
__________________________
__________________________

* [For financial institutions who are permitted to raise


foreign currency loans for on-lending purposes]

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[Statutory Auditor's/Chartered Accountant's Certificate

We hereby certify that the foreign currency loan/credit permitted to be raised by RBI
vide its letter No.____________________________________
dated___________________________
and bearing Registration No. ______________________________________ has been raised
by
______________________________________ from
__________________________________
(Name of the borrower) (Name of lender/lessor)
and duly accounted for in its books of account and related record. Further, the loan has been
utilised by the said borrower for the declared purpose of
____________________________________________________________________________
__
as approved by Government of India vide its letter
No._________________________________
dated _________________. We have verified all the relevant documents and record connected
with the utilisation of loan/credit and found these to be in order in accordance with the terms
and conditions of approval granted by Reserve Bank as also the provisions of Exchange
Control Manual, 1993 Edition and to our satisfaction.

(Authorised Signatory)

Place : Name
Stamp Address
Date : Registration No.

[ FOR OFFICE USE ]

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ECB 3
((Notification No.FEMA 3/2000-RB dated 3rd May 2000)

Application for repayment/payment of principal/interest and other


charges under Foreign Currency Loans/Credits
(other than short-term foreign currency loan/credit)

Instructions
(i) The borrowers should submit this application to Reserve Bank or to the authorised dealer (where
general permission has been granted by Reserve Bank for making remittances connected with the
foreign currency loan/credit), complete in all respects.

(ii) Request for proposed remittance should be strictly in accordance with the terms and conditions of the
loan as approved by Government of India and Reserve Bank of India and the loan agreement taken on
record by Government of India.

(iii) Please do not omit anything from this statement; delete under proper authentication whatever is not
applicable.

(iv) Request for payment of penal interest should invariably be accompanied by approval for it from the
concerned office of Reserve Bank.

(v) Please ensure that statement in form ECB 2 for the last calendar quarter has been submitted to the
concerned office of Reserve Bank and an acknowledgement in respect thereof is enclosed to this
application.

(vi) This statement should be submitted to the authorised dealer even where the repayment/payment of
principal/interest and any other charges connected with the loan/credit is to be made from any
foreign currency account being maintained by the borrower in India or abroad.

This has reference to the foreign currency loan/credit taken by us from ..............................., as per details
given below: (Name of the lender/lessor)

i) Government of India's approval No. and date and :


subsequent amendments, if any.

ii) Loan key number allotted by Government. :

iii) RBI's approval No. and date and subsequent :


amendments, if any

iv) Loan Registration Number allotted by RBI :

v) Amount of loan/credit approved :

vi) Amount of loan/credit actually availed of :

vii) Amount of loan/credit outstanding :

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viii) Rate of interest as approved by Government/RBI :

ix) Commitment fee :

x) Other charges( specify) :

2. The loan/credit has been drawn in full/has not been drawn in full for the reasons(s) ……………………….
The balance amount is proposed to be drawn during ...........................…………………………………………………
/is not to be drawn any more, because......................................…………………………………………………………

2.1 The loan amount is/was parked with .............................………….….……… …………………………….


(Name of bank and country)
It has been fully utilised / not fully utilised.

*2.2 The account has been closed and unspent balance of ....................………………... has been repatriated
to India / surrendered to Authorised Dealer under advice to RBI vide our letter No............................ dated.................
OR
*2.2 The account opened with RBI permission vide its letter No........................................
dated................is still being maintained by us with the present balance being................................. for the
reason(s).................................................................... and, therefore, RBI's approval for remittance of principal and/or
interest is hereby sought/has been obtained, vide its letter No...........................................................dated....................

* Strike out whichever is not applicable

3. The loan was availed of for the purpose of .............................. The documentary
evidence in support of utilisation of the loan has been submitted to Reserve Bank of India, .................……………..
on .............. along with statement in form ECB 2 for the quarter(s)
(Name of the RBI office)
ended .............. vide letter No ............................................. dated .................. The asset acquired with the assistance
of loan/credit in question continues to be held with us and on our books of accounts.

4. The principal amount of the loan/credit is repayable in ..... half-yearly instalments,


commencing from................... We have already repaid ...………….. instalments and the next instalment No.......... is
now due for repayment.

We have already paid interest up to half-year ended .................... Now interest is


payable for the half-year ended/ending........................

The following charges relating to the above foreign currency loan as approved by
Government of India and Reserve Bank of India, ..………..........…....., are now due for payment: (Name Office)

Sr.No. Purpose (specify) Amount

(i)

(ii)
(and so on)

The above payments shall be made through ..............................………………….


(Name of authorised dealer)
(OR)
5.1 We have not been able to pay principal/interest for the period...........for the reason(s)

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................................................................................................................................. Accordingly, we have defaulted in


the payment terms and attracted thereby penalty of penal interest in terms of clause/article No.......................of the
loan agreement dated......... between us and the lender, which has been taken on record by Government of India vide
its letter No..................... dated ………................Penal interest is payable on …………...... for……………....... days
at the rate of ......and the payment to be made works out to ............. We request RBI to grant approval for this
payment.

* Strike out whichever is not applicable

(OR)
*5.1 We have since taken RBI's approval vide its letter No. ........…………......................…....
dated .................. (copy enclosed) for making payment of penal interest.

5.2 We have earlier defaulted on .... occasions and a total sum of ........................... has
already been paid by us by way of penalty due to............................................

5.3 We are taking suitable steps to ensure that there should not be any default again in
making repayment/payment on time as per the loan agreement in question. We are also keeping our Board of
Directors fully informed of these defaults and have informed the Board that Reserve Bank of India views seriously
the payment of penal interest by way of defaults.

6. We have submitted to Reserve Bank of India, ............................, the statement in Form


(Name of Office)
ECB 2 for the last quarter ended..................and it has been acknowledged by that office vide its letter
No................................................ dated.............................................., a copy of which is enclosed.

7. We certify that the information furnished above is true and correct to the best of our
knowledge. The foreign exchange acquired by way of foreign currency loan / credit in question has been utilised by
us for the purpose for which it was acquired under approval from Government of India and Reserve Bank of India.
The proposed re-payment/payment of ..........…………………………........................is -
[Principal/Interest/ Other charges (specify)]

(i) strictly in accordance with the terms and conditions of the loan agreement taken on record
by the Government of India and subsequent amendments approved by Government of India and Reserve Bank; and

(ii) it is outstanding and has not been paid earlier through any other authorised dealer or in any
other manner whatsoever.

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* Strike out whichever is not applicable

8. In view of the foregoing, we request the Reserve Bank of India/ ……........……..............


(Name of the authorised dealer)
to: permit us to make the following remittances:

Sr.No. Purpose Amount

(i)

(ii)

9 The payment of interest / penal interest is exempt from payment of tax in terms of
Government's letter No............................................... dated....................(copy enclosed)/is not exempt from payment
of tax and accordingly, NOC/TCC from the competent authority is enclosed.

10. Any other information.

Encl: __________________________________
(Authorised signatory)
Name: ___________________________________
Designation: ________________________________
Full address: ________________________________
Stamp ________________________________
________________________________
Place :………….
Date :………….

[FOR OFFICE USE]

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MTR
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Particulars of (A) on carriage, agency commission, etc. charges to be remitted abroad
and (B) Payments on oceanfreight/slot-hire charges made to shipping companies in India
in respect of export cargo(es) for the period from to

Name & address of the MTO

Address

Registration No. Validity of Registration upto

Part A: On carriage, agency commission, etc., charges to be remitted.


Sr MTD@ Freight Sr.No. of the Name of the Name of the
No. No. Date Pre-paid To collect container Transhipment Agent
Port
1. 2. 3. 4. 5. 6. 7. 8.

TOTAL:

Port of Place of On carriage Agency Other Total


discharge and delivery By Mode Charges in Commission charges (12+13+14)
name of agent * foreign
appointed currency

9. 10. 11. 12. 13. 14. 15.

Part B: Particulars of ocean freight/slot-hire payments


Sr. Name of the shipping Name of the Name of the Voyage No. Date of
No. company agent in India Vessel sailing
1. 2. 3. 4. 5. 6.

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Sr.No. of the containers Name of the Hub Port/ Ocean freight/ slot-hire
FCL LCL Transhipment port Date Amoun
7. 8. 9. 10.

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We hereby certify that the information contained in this statement is true and correct in every respect and gives
complete information of export containers handled by us and remittances effected.

Place:

Date: Stamp (Signature of Authorised Official)

We certify having allowed the remittance of on


(item 15 of Part A)

(Signature of Authorised Official)


Name
Designation

@ Adseriatim (all MTOs issued during the month)


* Ocean, rail, road, Inland waterways etc.

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OBR
(Ref: C-5)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Application for permission to post a representative/
establish office/branch overseas

Instructions :

1. The application together with the suppporting documents should be forwarded to the authorised
dealer/Reserve Bank as indicated in paragraph9B.1of the Exchange Control Manual.
2. Hotels,travel agents/tour operators may submit the form & other documents in duplicate.
3. Concerned area/territory' means the countries/territories to be covered by the proposed branch/agent.
4, The estimates of foreign exchange expenditure should be given I n units of foreign currency and the
appropriate rupee equivalent furnishing the exchange rate applied.
5. Full particulars of any special export regulations (e.g.exports permissible only against confirmed letter of
credit,etc.) covering the applicant's products being exported should be furnished.

Documentation :

6. Correspondence,if any,in original together with photo copies there of regarding the arrangement made in
foreign country for posting of representative/establishment of branch/office.
7. Bank certificates,in form BCX,together with photocopies thereof for the immediately preceding four
calendar half years in support of export realisations (Item 7 of application)
8. In the case of a trading branch,cashflow statement in the proforma attached indicating the value of stock to
be held,percentage of marked-up price and projected income and expected profit margin should be
furnished.

PART I GENERAL
1. (a) Name and address of the applicant (a)
(b) State whether the applicant is a proprietary concern (b)
or partnership firm or limited company or public
sector undertaking
(c) Exporter's Code Number allotted by Reserve Bank (c)
2. Nature of the applicant's business in India
(a) Exporter of commodities (a)
(b) Exporter of software (b)
(c) 100% Export-Oriented Unit (c)
(d) Consultancy organisations/Construction company (d)
(e) Others (please specify) (e)
3. (a) Names and addresses of applicant's bankers, in (a)
India
(b) Number of the EEFC account, if any, opened by the (b)
applicant and the name of the AD with whom it is
opened
4. If the applicant is holding a registration certificate as a
Star Trading/ Trading Export House issued by
Government of India, No. and Date of such certificate
5. Particulars of foreign currency balances/securities, if
any, held by the applicant - quote Reserve Bank's
approval number and date

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PART II EXISTING BUSINESS


6. What are the present arrangements for your
representation in the country/territory concerned ?If
there is any agency arrangement, its full details including
the number and date of Reserve Bank's approval and
commission paid during the past three years.
7. (a) Details of export realisations for the past two years (Rs. lakhs)
Half Value of exports realised
year ended
global Territories
covered by the
proposed office
(1) (2) (3)

(b) Also furnish commodity-wise/country-wise break (b)


up of exports realised in the last two years Country Commodity Value of exports
realised in
Rupees
___________
__________ _________
Year year

8. Value of export outstandings as on date of application


(i.e., beyond the prescribed period of six months).Please
furnish brief particulars of such outstandings together
with RBI permission for extension, etc.
9. Particulars of existing overseas representative
offices/branches/subsidiaries/agents of the applicant and
also of their sister concerns in India indicating the
particulars of remittance facilities from India.

PART III PROPOSAL


(To be completed wherever applicable)

10. Does the applicant want to have


(i) an agent (on fixed remuneration basis), or (i)
(ii) a trading branch, or (ii)
(iii) a representative liaison office/non-trading branch (iii)
11. Place and country of posting of agent/representative
office/branch
12 Territories/countries to be covered by the proposed
agent/representative office/branch
13. Details of business to be conducted abroad by the
agent/representative office/branch

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14. With the facility of the proposed agent/representative


office/branch what would be the projected exports of the
applicant in the coming two years
15. When the agent is appointed or trading
office/representative office/branch is opened, are the
agency commission payment arrangements subsisting in
the concerned area or territories to continue ?If so,
reasons therefor.
16. Will the representative office/branch result in saving of
foreign exchange which would otherwise have to be
expended ?If so give details supported by figures and
any documentary evidence available
17. If you propose to open a trading branch,please state
(a) its exact nature of activities.(Firms/Companies in (a)
India from whom the trading branch will be buying
goods on principal to principal basis to be stated)
(b) Expected increase in the value of exports to the (b)
territory concerned in the next 2 years(year-wise) in
the event of facility being granted
(c) the time within which the trading branch would (c)
become self-supporting indicating manner in which
this will be achieved.
18. If a representative (on fixed remuneration) please state
(i) Particulars of the agent/representative proposed to (i)
be appointed
(a) Name (a)
(b) Nationality (b)
(c) Permanent Address (c)
(d) Present occupation (d)
(e) Whether the agent/representative will (e)
continue the present occupation after the
proposed appointment
(ii) Remuneration proposed to be paid to the non- (ii)
resident representative/locals appointed
(iii) In the case of a representative to be deputed from (iii)
India, give detailed break-up of expenditure
proposed to be incurred (in rupees) viz.,
(a) Salary (a)
(b) Accomodation (b)
(c) Travelling allowance etc. (c)
19. If non trading office/trading branch, please furnish an
estimate of foreignexchange requirements (in rupees)
(a) Initial Establishment Expenses (a)
(i) advance rental/deposit for securing (i)
office/residential accomodation
(ii) other deposits (please specify) (ii)
(iii) office equipment/furniture (iii)
(iv) car (iv)
(v) others (please specify) (v)
(b) Recurring expenses per month (b)
(i) salaries of staff (give details if more than one (i)
employee)
(ii) warehousing charges (ii)
(iii) Customs duties/charges etc. (iii)
(iv) rent, (iv)
(v) rates and taxes (v)

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(vi) Telephone/telex etc., (vi)


(vii) Travelling expenses (vii)
(viii) Others (specify) (viii)

We hereby certify that :

(a) The particulars given above are true to the best of our knowledge and belief.No application for release of
exchange has been or will be made to any other office of Reserve Bank in respect of permission sought
under this application.

(b) All the expenses of the office/representative(s) detailed above will be borne by our firm/company.

We undertake to strictly abide by the instructions issued and the conditions that may be stipulated by Reserve
Bank.

Place : ...................... .............................................................


Stamp (Signature of Authorised Official)
Date : ........................ Name: ..................................................
Designation.........................................

(Note: Signature on behalf of the firm/company should be that of the Senior Partner/Proprietor or Director of the
firm/company, as the case may be)

(To be completed by the representative to be sent from India)

In the event of my being posted as a representative of the company/firm,


I undertake to notify Reserve Bank immediately of any employment (full/part time) or agency work or business
undertaken abroad by me giving full details such as source of income, total earnings, etc.

Date: ................................. .................................................................


(Signature of the person appointed as
representative from India)

Name:......................................................

Address:...................................................

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Cash-flow Statement
(In the case of trading office)

1. Projected exports to the area during 3 years after Year 1 Rs.


establishment of the office
Year 2 Rs. Lakhs
Year 3 Rs. Lakhs
2. Average value of goods to be stockedRs.Lakhs at the Rs. Lakhs
office
3. Mark-up price proposed (as a percentage to purchase
price to the office)
4. Margin of profit expected (as a percentage of purchase
price)

5. Year 1 Year 2 Year 3


Opening stock
Purchases from India
Sales
Closing stock
Gross profit
Establishment expenses
Selling expenses
Audit fees
Taxes
Net profit (+)/

loss(-)

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RCC
(Ref: H 28)
(A.P. (DIR Series) Cir. No. 45 dated 14.05.2002)

Statement showing particulars of amount receivable/payable to the foreign courier company

1. Name of the Indian courier company :


2. Full address :
3. Registration No. :
(allotted by Government of India)
4. No.& date of RBI letter for tie-up arrangement :
5. Name and address of the foreign courier company :
6. Amount receivable (supported by bank :
certificate)
7. Amount payable :
8. Net amount receivable/payable@ :
9. Any other information :

Certified that the above particulars are correct. The following documents are enclosed.
(i) Airway Bills (ii) Bank certificates (iii) Invoices (iv) Chartered Accountant's certificate (v) Certificate
regarding rate, etc.

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CERTIFICATE BY CHARTERED ACCOUNTANT

The above particulars have been checked and are correctly reported as per Books of Accounts for remittance
purpose.
Place : Signature: _____________________________
Date : Name/Status: ___________________________
Regd.No.:______________________________

Forwarded to the General Manager, Exchange Control Department, Reserve Bank of


India,........... in terms of paragraph 8B.17 of the Exchange Control Manual.

Place : Signature: _____________________________


Date :
Name & :______________________________
Stamp
Designation :___________________________

@ Strike out inapplicable.

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REM
(Ref : G-3)
(FEMA-GOI_Notification G.S.R.381 (E) Schedule III, Item 3
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item3)

Application by resident Indian nationals for remittances to persons


resident outside India towards their maintenance expenses abroad

Documentation:

Form A2 duly filled in.

1. Full name, nationality and address of the remitter

2. Details of the beneficiary

(a) Name
(b) Nationality
(c) Address

3. Relationship of the applicant with the beneficiary

4. Amount of remittance (stating currency)

5. Reasons for remittance

6. How the beneficiary has been maintaining abroad in the past

7. Any other relevant information

I hereby declare that the above particulars are true and correct. I declare that under no circumstances my family
as a unit would remit more than US$ 5,000 to.......................................during the calendar year ..........
(name of the beneficiary)

I also declare that I have not applied to any other authorised dealer in this regard.
................................................
(Signature of Applicant)
Place: ...................
Date: ...................

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SPM 1
(Ref: C-2)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Statement showing passage and freight collections and disbursements made by
foreign airline companies during the month of .....................

Instructions:

1. The statement should be completed in duplicate and forwarded to Reserve Bank through the bank with whom
the foreign airline company maintains account in India, before 20th day of the month succeeding the one to
which it relates.

2. The statement should be submitted irrespective of whether remittance of surplus funds, if any, is intended to
be applied for or not.

3. If the remittance of surplus funds is desired to be made, one copy of the statement should be forwarded to
Reserve Bank by the concerned bank immediately after effecting the remittance along with the original tax
clearance/No objection certificate - from the Income-tax authorities. Where no remittance is desired to be
made by the airline's office or its agent in India, a copy of the statement should be forwarded to Reserve
Bank by the bank together with the airline's confirmation to that effect.

1. Passage fares collected @ No.of Tickets Amount


issued US$ Rs.
(a) for Residents
(b) for Non-Residents

Total of (1)...
2. Freight collected @

(a) On Exports
(b) On Imports
(c) On Transhipment cargo
(d) Excess/unaccompanied
baggage
(e) On Imports/Exports
into/from Nepal/
Bhutan
(f) Others
(Please specify)
Total of (2)...

@ Passage fares and freight collections should include the amounts actually received by the applicant
company/agents and should not include amounts receivable at a future date.

US$ Rs.

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3. Other receipts, if any (Please give details)

4. Total receipts for the month


(1) + (2) + (3)

5. Less: (a) Refunds


(b) Disbursements
(give main particulars in a
supplementary statement)
Total of (5)...

6. Net Surplus (+)/Deficit(-) for the month

7. (a) Add: remittances received


during the month from the principal abroad
(b) Add: funds transferred from
other centres in India (state RBI
approval No. and date)
Total .....
(c) Less: funds transferred to
other centres (state RBI approval
no. and date)
(d) Net Surplus/deficit
(e) Add/deduct net surplus/deficit as
at the close of previous month ..............
(f) Less: remittances made during the month
(g) Net balance as at the end of ..............

8. Amount of tax paid/payable, if any

9. Amount proposed to be remitted

10. (a) Balance/s in accounts maintained


with bank/s in India as on ...........
(b) Cash on hand, if any
Total .....

We hereby declare that the statements made above are true and correct to the best of our knowledge and belief.

We further declare that -

(i) the freight and passage fare collections have been made by us in conformity with the Guidelines
issued by the Reserve Bank from time to time;

(ii) no funds representing proceeds of tickets sold in Nepal to persons residing in that country for
destinations beyond India have been received by us in India for making local disbursements;

(iii) apart from the collections/receipts mentioned against items 1, 2, and 3 of this statement, no other
income has been derived in India by or on account of M/s........................... (name and place of
office of the concerned Airline company) during the said month;

(iv) this statement does not include any income which has been derived in contravention of Sections 28,
29 and 31 of the Foreign Exchange Regulation Act, 1973.

We also declare and undertake that

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(v) all relevant records in support of the collections/disbursements reported in this statement are held by
us and will be made available for inspection by Reserve Bank as and when demanded;

(vi) Discrepant amounts noticed during the scrutiny of the statement/documents or the amount
remitted in excess of the entitlement will be brought to India immediately by inward remittance in
convertible foreign currency in an approved manner.
Place:
Stamp (Signature of the Chief Executive of
Date : the Airline Company in India)
Name:
Designation:

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Certificate by Authorised Dealer

We certify that the amount/s of has/have been remitted by


us to in terms of the authority delegated
(name and country of the beneficiary to be stated)
to us. The relative form A2 has been/will be sent to Reserve Bank along with the R Return
for the period ended . The Income-tax clearance/No Objection Certificate
in original is enclosed.

Place:
Stamp (Signature of Authorised official)
Date : Name:
Designation:
Name & Address of Authorised
Dealer Uniform Code No.

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SPM 2
(Ref: C-1)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Statement showing passage and freight collections and disbursements made by foreign shipping
companies or agents operating in India
Instructions:

1. The statement should be completed in duplicate and forwarded to Reserve Bank through the bank with
whom foreign shipping company maintains NR collection and disbursement accounts, within 35 days from
the date of sailing of the vessel.

2. The statement should be submitted irrespective of whether remittance of surplus funds, if any, is intended
to be applied for or not.

3. If the remittance of surplus funds is desired to be made, one copy of the statement should be forwarded to
Reserve Bank by the concerned bank immediately after effecting the remittance alongwith the original
Income-tax clearance/No objection certificate - from the Income-tax authorities. Where no remittance is
desired to be made by the agent in India, a copy of the statement should be forwarded to Reserve Bank by
the bank together with the principal's confirmation to that effect.

Documentation:

4. Copy of Agency Agreement (if not already filed with Reserve Bank).
5. A certified copy of the voyage Account rendered to principals.
6. Freight manifests in support of freight collections.
7. Documentary evidence in support of other receipts.
8. Documentary evidence regarding provision/payment of income-tax, i.e. auditor's certificate ,receipted
income-tax challans, original assessment orders, etc. with photocopies thereof.
9. Copy of resolution/instructions from the conference in respect of collection, if any, of Bunker Adjustment
Factors (BAF)/Currency Adjustment Factor (CAF).
10. Export Tally Sheet certified by the surveyors in respect of export cargo.
11. Relative Bills of Lading in respect of import cargo on 'Charges Collect Basis'.

1. Name & Address of the foreign shipping principal


2. Particulars of Vessel/Voyage
(i) Name of Vessel
(ii) Port of call
(iii) Period of Voyage

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3. Passage fares collecte @ No.of Amount


tickets U.S. $ Rs.
issued (rounded off to
the nearest rupee)
(a) For Residents
(b) For Non-Residents
Total of (3)
4. Freight collections@
(a) On exports
(b) On imports
(c) On Transhipment Cargo
(d) On Imports/Exports into/from Nepal/Bhutan
(e) Others (Please specify)
Total of (4)
U.S. $ Rs.
5. Other receipts, if any
(Please give details)
6. Total receipts for the month
(3) + (4) + (5)
7. Less: (a) Refunds
(b) Disbursements (give main particulars in a
supplementary statement)
Total of (7)
8. Net surplus (+)/Deficit (-)
9. (a) Add: remittances received during the month from
the principal abroad

(b) Add: funds transferred from other centres in


India(state (enclose a copy of principal's
authorisation)
Total ….
(c) Net surplus/deficit

(d) Add/deduct: net surplus/ deficit as at the close of


previous voyage

@ Passage fares and freight collections should include the amounts actually received by the applicant
company/agents and should not include amounts receivable at a future date.

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(e) Less: Funds transferred to


M/s. …………………………… at
(Name of the agent)
…………… (same principal)
(centre)
(enclose copy of principal's authorisation)

(f) Balance as at ………………..


(date of remittance)
10. Amount of tax paid/payable
11. Net surplus available for remittance
12. (a) Balance in account No…….. maintained
with bank/s in India as on………………

Name/s of bank/s

(b) Cash on hand, if any


Total….
We hereby declare that the statements made above are true and correct to the best of our knowledge and
belief.

We further declare that -

(i) the freight and passage fare collections have been made by us in conformity with the Guidelines issued by
the Reserve Bank from time to time.
(ii) no funds representing proceeds of tickets sold in Nepal to persons residing in that country for destinations
beyond India have been received by us in India for making local disbursements.

(iii) apart from the collections/receipts mentioned against items 3, 4 and 5 of this statement, no other income has
been derived in India by or on account of M/s…………………………… (name and place of office of the
concerned shipping company) during the said period.

(iv) this statement does not include any income which has been derived in contravention of Section 28, 29 and 31
of the Foreign Exchange Regulation Act, 1973.
(v) the declarations obtained from importers/exporters in support of the freight amount collected in rupees and
all relevant records in support of the collections/disbursements reported in this statement are held by us and
will be made available for inspection by Reserve Bank as and when demanded.
Place:………………..
Date :……………….. Stamp Signature of authorised official
Name:…………………………………
Designation:…………………………..

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Certificate by Authorised Dealer

We certify that the amount/s mentioned in Column 9(f) and 11 above


has/have been remitted by us to ..............…………………….......... in terms of authority
(name and country of the beneficiary)
delegated to us. The relative form A2 has been/will be sent to Reserve Bank along with R Return for the period
ended…………… The No Objection/Tax Clearance Certificate from Income Tax Authorities in original and
relative documents are enclosed.

Signature of authorised official


Place:……………….. Name …………………...
Date :……………….. Stamp Designation …………………...
Name & Address of …………………...
Authorised Dealer …………………...

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SRM
(Ref: C-1)
(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir.No.11 dated 16.05.2000)
Register for recording receipt of SPM 2 statements and remittance of passage fare/freight collections
by foreign shipping companies

Name of foreign Airline/Shipping Address (or Name and address of


Company Agents) in India

Statement Date of Collections during the month Disburse- Balance Transfer to


in respect of receipts ments
Freight Freight Other Total Surplus Deficit Name Centre Amount
Name of Voyage on on receipts of the
vessel No. export imports * agent
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

Rs. Rs. Rs. Rs. Rs.

US $ US $ US $ US $ US $

Ad hoc remittance Balance to be Ineligible Inward remittances received Balance in the Initials
remitted amount account authorised
Amount Date Amount Date Amount No. and date of officer
bank certificates
(14) (15) (16) (17) (18) (19) (20) (21) (22)

Rs. Rs.

US $ US $

* Including transfer from other agent, if any.


TCK
[Ref: H-4]
(FEMA-GOI Notification G.S.R(381 E) Schedule III, Item 14
Master Cir. EC.CO.PCD.No.17/15.02.76/2002-02 dated 13.08.2001 Schedule III, Item 14)

Certificate for Payment of Technical know-how fee


under Foreign Technical collaboration

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This certificate has reference to the foreign technical collaboration between M/s.
__________________________________________________________________ (hereinafter
referred to as "Indian company" and M/s. ___________________________________________
______________ (hereinafter referred to as "oversees collaborator" for ____________________
_____________________________________________________________________________
_____________________________________________________________________________
(specify purpose)

2. The above collaboration has been approved by the Reserve Bank of India/Government of
India, Ministry of Industry, vide its letter No. ___________________ dated ________________
and subsequent amendment(s) vide letter(s) No. (s) ____________________________________
dated __________________ setting out that a lump sum technical know-how fee of __________
____________________ (amount) net of taxes/subject to taxes is payable to the overseas
collaborator in ______________________________ (number) instalments (each being of _____
___________________________________) on fulfilment of the condition governing payment
of each such instalment.

3. The above collaboration bears Registration No. _________________________ accorded


by RBI, FITT Section, Bombay/Reserve Bank of India, __________________ vide its letter
number _______________________________________ dated ________________________.

4. A sum of __________________________ towards payment of instalment/s number(s)


_____________________ has already been remitted on __________________ paid subject to
fulfilment of obligation thereunder by the overseas collaborator.

5. A payment of __________________ net of tax/subject to tax


towards________________________________ instalment has now become due to the overseas
collaborator on their having completely fulfilled the obligation cast on them for receiving this
instalment, under the collaboration agreement dated ___________and as approved by the
Reserve Bank of India/Government vide its letter dated___________________ cited in
paragraph 2 above.

6. We have verified the books of accounts, the collaboration agreement, Government's letter
of approval, RBI's letter dated _________________________, technical documents and other
relevant paper/documents etc. and having fully satisfied ourselves, hereby certify that :

(i) the statement made above are true and correct to the best of our knowledge and
belief;

(ii) The Reserve Bank's/Government's letter of approval and subsequent amendment, if


any, form part of the collaboration agreement, dated___________;

(iii) the collaboration agreement in question has been concluded within the validity
period of the Reserve Bank's/Government's letter of approval;

(iv) the proposed payment does not in any way involve payment of any interest on
delayed payment and/or any other payment which is not specifically permitted under

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RBI/Government's letter of approval dated _______________;

(v) the Indian company has paid income-tax at the rate specified by the Government and
deposited with _______________________________________________________
(Name of bank and branch)
on __________________.

OR

a 'No Objection Certificate'/tax clearance certificate issued


by____________________________________ vide No. ____________________
dated________________ is enclosed, in original;

(vi) the Indian company has paid cess under R & D Cess Act, 1986, on the amount of
technical know-how fee in question;

(vii) the Indian company has submitted to Reserve Bank of India,


_______________________the Return in form TCD for the year ended 31st
December________________;

(viii) a payment of ______________________ has fallen due to the overseas collaborator


after adjustment of income-tax as follows :

a) Gross amount of payable


instalment of fee

b) Less amount reduced towards


income-tax if the payment is
"subject to tax"

Balance payable
Chartered Accountant/Chartered Engineer
Place :
(Signature of the authorised signatory)
SEAL Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . . . . . . . . .
Date : Registration No. . . . . . . . . . . . . . . . . . . . .

Notes: (i) Delete under authentication whatever is not applicable but no item/clause should
be omitted from this format of the Certificate.

(ii) Additional information, if any, may be supplied on separate sheet under proper
authentication.

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TCR
[Ref: H-4]
(FEMA-GOI Notification G.S.R(381 E) Schedule III, Item 14
Master Cir. EC.CO.PCD.No.17/15.02.76/2002-02 dated 13.08.2001 Schedule III, Item 14)

Certificate for payment of royalty


under foreign technical collaboration

1. This certificate has reference to the foreign technical collaboration between M/s.____________________
(hereinafter referred to as "Indian company") and M/s.____________________ (hereinafter referred to as
"overseas collaborator") for _________________________________.
(specify purpose)

2. The above collaboration has been approved by the Reserve Bank of India/Government of India, Ministry
of Industry, vide its letter No. ______________________dated ____________________ and subsequent
amendment(s) vide letter(s) No. (s) __________________________ dated ___________ setting out that a royalty
of _________ and ___________net of taxes/subject to taxes is payable to the overseas collaborator on domestic
sales
(rate) (rate)
and actual export proceeds on fulfilment of the condition/s governing each such payment.

3. The above collaboration bears Registration No.________________________ accorded by RBI, FITT


Section, Mumbai /RBI ____________________________ vide its letter number __________________ dated
______________.

4. A sum of ________________ towards payment of technical know-how fees has already been remitted on
________________ and balance amount of ____________________________remaining to be paid is due on
________________/ no further payment remains to be made on this account.

5. The collaboration agreement is dated _____________________ and the commercial production based on
the technology acquired under the above collaboration has commenced on _________________. Consequently,
the period of agreement is from _____________ to _______________ and the period for payment of royalty is
determined as from _____________________ to _________________ in accordance with the terms and
conditions set out for the purpose by RBI/Government vide its letter dated _________________.

6. The following payment(s) has (have) already been made under the above collaboration :

Sales Sales on which royalty Amount of royalty on % of


during remitted (7)
the ------------------------------------------- --------------------------------------------------- to
period Domestic Export Total Domestic Exports Total (4)
sales sales (i.e. (i.e.
Column-2) Column-3)
---------- -------------- ---------- ------------ ----------------- ------------------- ---------- -----------------
(1) (2) (3) (4) (5) (6) (7) (8)

Total A:_____________________________ Total B:___________________________


% of (B) to (A) :_________________________________________________________
% of [(B)+ know-how] to (A) : __________________________________________
fee

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7. A gross payment of ______________ net of tax/subject to tax, has now become due to the overseas
collaborator towards payment of royalty in respect of orders executed by the Indian Company during the period
____________ to _______________ under the above collaboration. The amount has been calculated strictly in
accordance with the terms and conditions stipulated in this regard by the RBI/Government, vide its letter dated
_______________ cited above; details whereof are furnished in the Annexure.

8. We have perused the books of accounts, the collaboration agreement, Government's letter of approval,
RBI's letter dated ____________ and other relevant records and having fully satisfied ourselves certify as under :

(i) the statements made above are true and correct to the best of our knowledge and belief;

(ii) the Reserve Bank's/Government's letter of approval and subsequent amendment, if any, form part of the
collaboration agreement dated ___________________;

(iii) the amount of royalty has been calculated on products manufactured after the conclusion of the
collaboration agreement and the quantum of said production is within the capacity approved by the
Government of India;

(iv) the Indian company has executed legal undertaking/furnished bank guarantee and has fulfilled the export
obligation as instructed by DGFT and Ministry of Commerce;

(v) M/s.____________________________________________________________ who are sub-contractors


have actually manufactured the components detailed below according to and using the designs and
drawings supplied by the overseas collaborator to the Indian company under the above collaboration;

(vi) the proposed payment does not in any way involve payment of any interest on delayed payment and/or
any other payment which is not specifically permitted under RBI/Government's letter of approval dated
_________________;

(vi) the Indian company has paid income-tax at the rate specified by the Government and deposited with
__________________________________________ on ____________.
(name of bank and branch)

OR
a 'No Objection Certificate' /tax clearance certificate issued by ____________________________ vide
No. ____________________________ dated ____________ is enclosed, in original;

(viii) the Indian company has paid cess under R & D Cess Act, 1986, on the amount of royalty in question;

(ix) the Indian company has submitted to Reserve Bank of India, ________, the Return in Form TCD for the
year ended 31st December __________.

Place:
Date: Chartered Accountant
SEAL
(Signature of the authorised signatory)
Name:….……………………………..
Address: ….………………………….
Registration No. ….………………….

Notes : (i) Delete under authentication whatever is not applicable but no item/clause should be omitted from this
format of the Certificate.

(ii) Additional information, if any, may be supplied on separate sheet under proper authentication.

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ANNEXURE

Domestic Export Total


sales sales

I. Actual production and sales

II. Net ex-factory sales price of products


eligible for royalty out of the above
(net-ex-factory value of sales is net
of excise duty Rs.___________________)
packing forwarding Rs._______________)
Sales Tax (Rs._______________________)
discount (Rs.________________________)
etc.

III. (a) Landed cost of imported components


including ocean freight, insurance,
customs duties, etc.

(b) Standard bought-out components used


in the manufacture of the product;

Total (a) + (b)

IV. Net sales on which royalty is payable


(II minus III)

V. Royalty @ ________% and __________%


on above.

VI. Tax deductible at source @ _________%.

VII. Net remittable amount.

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TCD

[Ref: H-4]
(FEMA-GOI Notification G.S.R(381 E) Schedule III, Item 14
Master Cir. EC.CO.PCD.No.17/15.02.76/2002-02 dated 13.08.2001 Schedule III, Item 14)

Foreign Collaboration Agreement -


Return for the year ended 31st December......
INSTRUCTIONS:
1. This Return should be submitted (in duplicate) duly filled in and signed by an authorised signatory of the
firm / company. No column should be left blank. Instead, write "Not applicable" wherever necessary.

2. It should reach the concerned office of the Reserve Bank of India in the first fortnight of January each
year.

3. It shall contain information on calendar year-wise basis beginning from the date of first remittance.

4. Please attach separate sheet, wherever necessary.

5. Wherever technical know-how has not been received in full, necessary explanation may be furnished by
way of a separate note.

1. Name of the company

2. Registration No.

3. Details of foreign investment received :

Date of FIRC Currency Amount Equivalent Indian Rupees

DD MM YYYY

4. Date of Agreement
DD MM YYYY

5. Date of commencement of production


DD MM YYYY

FROM
6. Total period determined for
payment of royalty DD MM YYYY DD MM YYYY

7. Details of remittances made during the calendar year under report.


(Please enclose copies of relevant certificates from Chartered Accountants)
Purpose Date (s) of Equivalent Indian Remittance in
remittance Rupees
(net of taxes)
(i) Know-
how fee DD MM YYYY

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(ii) Royalty

(iii) Dividend
& Profit

(iii) Others
(Please
specify

Total

8. Details of total royalty remitted till 31st December of the year of this
Return.
Sales Rate of Royalty Amount (Rupees)
Domestic

Exports

Total
'Y' 'X'
Percentage of 'X' to 'Y'

9. (a) Amount of lumpsum


know-how fee paid so far

(b) Amount of Royalty


paid so far

(c) Total of (a) + (b)

(d) Sales value on which


royalty has been paid

(e) Percentage of (c) to (d)

10A. Details of foreign technicians deputed to India under the collaboration during the calendar year under
report.

a) Number of technicians :

b) Number of man days involved :

c) Fees remitted (Indian rupees equivalent) : Rs.

10B. Details of Indian personnel deputed abroad for training during the calendar year under report.

a) Number of Indian trainees :

b) Number of mandays :

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c) Training fees, if any : Rs.

d) Other costs (living etc.) : Rs.

11. Utilisation of foreign exchange from the beginning of the project upto the 31st December of
the year of this Return, towards

Indian Rupees equivalent


(i) Imports of machinery, raw material, etc.

(ii) Know-how fee

(iii) Royalty

(iv) Dividends & profits

(v) Others (Please specify)

Total

12. Inflow of foreign exchange during the same period as for Item no.11 above:

Indian Rupees equivalent


(i) F.O.B. value of exports realised

(ii) Foreign exchange savings (c.i.f.)


as a result of import substitution

Total

13. Between item nos. 11 and 12 above, which is more? Please (ü) the appropriate box.

Outflow Inflow
We hereby certify that -

(i) the particulars furnished above are true and correct to the best of our knowledge;

(ii) the remittances have been made strictly in accordance with the terms and conditions of approval
granted by RBI/Government of India (delete whichever is not applicable) for the collaboration in
question

(iii) the technical know-how (including drawings and designs, relevant documents etc.) have been
received in full as contemplated under the collaboration agreement.

(iv) prior approval of Reserve Bank of India, __________________, was obtained for all remittances
other than those of technical know-how fee and royalty, which have been made by us and are
included in this Return.
…………………………………………………..
(Signature of the authorised signatory with seal)
Place : _________________ Name : _________________________________
Date : _________________ Designation : ____________________________
No. of enclosures : Address : _______________________________
________________________________

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Countersigned
Place : _________________ …………………………………………………..
Stamp
Date : _________________ (Signature of Authorised Official)
Name : _________________________________
Designation : ____________________________
Address : _______________________________
________________________________

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TRS
(Ref: A-4)
(FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 10
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item 10.)

Application for release of exchange for studies abroad

Documentation :

1. Certified copy of relevant pages of applicant’s passport.

2. Letter of admission in original (to be returned to the applicant) with a certified copy thereof (to
be retained by the A.D.) received from the foreign educational institution or a firm of
Chartered Accountants in the U.K. indicating the date of commencement of the course and the
duration of the course.

1. Student’s name

2. Address

3. Details of current passport


(a) No. & date of issue
(b) Place of issue
(c) By whom issued

4. Details of the proposed course of study


(a) Name of the overseas educational
institution etc.
(b) Particulars of the course
(including duration)
(c) Date of commencement of course

5. Foreign Exchange required for the year


(a) Total amount required
(b) Exchange already availed of for the
course
(c) Amount required now :
i) Amount in cash
ii) Amount in T/Cs
iii) Amount in DD

I declare that I have read the instructions of my/*student’s eligibility as given overleaf and undertake
that under no circumstances I/*student will draw exchange exceeding the eligibility.

I certify that the statements made above are true to the best of my knowledge and belief.

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____________________________
(Signature of the student/*applicant)

Name & address of the________________________


applicant ________________________
Place :
Date :
* Strike out whichever is not applicable

Entitlement of exchange for studies abroad

a) U.S.$ 30,000 per annum towards tuition fees, maintenance expenses, books, etc.

b) Exchange in excess of U.S.$ 30,000 per annum would be available at actuals to the extent of
the requirement of exchange indicated by overseas educational institution.

c) The amount of scholarship, if any, received by student will be adjusted against the exchange
admissible to the student only to the extent desired by the applicant.

d) Student who is in receipt of full sponsorship from a close relative will be eligible for full
exchange if he desires not to avail of the relative’s hospitality.

e) In case letter of admission does not indicate exchange requirement, exchange may be released
by authorised dealers upto U.S.$ 15,000 subject to adjustment while releasing further exchange.

f) Exchange will be released for a period of one year at a time. Further exchange will be available
on production of documentary evidence to show that student is continuing studies abroad for
the same course or any other at the same or any other educational institution.

g) Exchange will be available as under :-

Currency notes - U.S.$ 500 *

Travellers’ cheques/Bank draft/TT in


favour of the student/educational - For balance amount
institution as desired by the applicant

* In the case of students proceeding to Russia and other Republics of CIS


countries entire exchange admissible can be availed of in the form of currency
notes.

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TRM 1

(Ref: A-5 & A-6)


(FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 9
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item 9.)

Application for release of exchange for medical treatment abroad


Documentation

1. An estimate of expenses from the overseas doctor/hospital.


2. Passport of the patient and attendant/s.

1. Details of the patient

(a) Name (a)


(b) Address (b)
(c) Nationality (c)
(d) Passport No. & date (d)
(e) Passport issued at (e)

2. Nature of the ailment

3. Expected duration of treatment

(i) In hospital (i)


(ii) Pre/Post hospitalisation (ii)

4. Exchange requirement for the patient

(a) For medical treatment including (a)


hospitalisation
(b) For pre/post hospitalisation stay (b)
(Living and incidental expenses)
5. Exchange requirements for attendant/s
(if recommended by the doctor)

(a) Name/s & address/es of the attendant/s (a)


(b) Amount of exchange required (b)
and number of days
6. Any other relevant information

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DECLARATION

I hereby declare that the statements made above are true to the best of my knowledge and belief.

I also declare that I/the patient have/has not submitted and will not submit any application for the same purpose to
any other branch/office of any authorised dealer in foreign exchange in India.

I further undertake to submit within a period of 30 days of my/the patient’s return to India, a statement of account
of the expenses incurred abroad, duly supported by bills, where necessary, together with a certificate from the
attending physician/surgeon that I/the patient have/has undergone the treatment.

......................................................
(Signature of patient/applicant)
Place: ..........................
Date: ..........................
_____________________________________________________________________________
Certificate from the Treating Physician/Surgeon

1. Brief description of the ailment

2. Specific reasons for which a visit to a


specialist/institution in a foreign country is
necessary

3. Estimated period of treatment abroad

I certify that I have satisfied myself that the ailment from which the patient is suffering is of such a nature that
treatment abroad is necessary.

Signature____________________________________
Name of the applicant _________________________
Registration No.______________________________
Address: ____________________________________

Place:........................
Date:........................

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TRM2
(Ref: A-5)
(FEMA-GOI-Notification G.S.R. 381(E) Schedule III, Item 9
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001 Schedule III, Item 9.)

Form of certificate to be issued by a medical practitioner


nominated by Indian mission etc. abroad

MEDICAL CERTIFICATE

I hereby certify that I have personally examined ______________________________________


(Name - Block letters)
______________________________________________________________________________
_____________________________________________________________________________
(address)
and he/she is suffering from ______________________________________________________
_____________________________________________________________________________
(ailment).
I recommend that he/she undergoes immediate medical treatment for which he/she will be required to stay for
about ______ days in ___________________________________________
(Name of the country)

The cost of the medical treatment will be approximately________________________________

_____________________________________
Place: ................ (Signature of Medical practitioner)
Date: ................. Name ____________________________
Designation ____________________________
Registration No.____________________________
Address ____________________________
____________________________

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INCOME TAX DECLARATION FORM


INCOME TAX UNDERTAKING

To________________________________________

(Designation of the Assessing Officer)


________________________________________

I/We _______________________________________ propose to make a remittance of ________

(Name, address and Permanent Account Number)


(Amount)

being ________________________________________________________________________

(Nature of payment)

to ___________________________________________________________________________

(name and complete address of the person to whom the remittance has been made)

after deducting a sum of Rs.________ being the tax @_____________, which is the
appropriate rate of tax deductible at source on the said amount of remittance.

2. A certificate from the Accountant as defined in Explanation below Section 288 of the
Income-tax Act certifying the nature and amount of income, amount of tax payable and the amount actually paid,
is also annexed.

3. In case it is found that the tax actually payable on the amount of remittance made has either
not been paid or has not been paid in full I/we undertake to pay the said amount of tax alongwith interest found
due in accordance with the provision of the Income-tax Act.

4. I/We will also be subject to the provisions of penalty and prosecution for the said default
as per the Income-tax Act.

5. I/We also undertake to submit the requisite documents etc. for enabling the Income-tax

Department to determine the nature and amount of income and tax, interest, penalty etc. payable hereon.

__________________________

(Name & Signature)

Date:

Place:

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(The undertaking shall be signed by the person authorised to sign the return of income of the
person making the payment).

--------------------------------------------------------------------------------

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CERTIFICATE

I/We have examined the books of accounts of M/s._____________________________________


(Name, address and Permanent Account Number
of person making the remittance)

for ascertaining the nature of the remittance, of____________________________________________


(Amount of remittance)

to _____________________________________________________________________

(Name and complete address of the person to whom the remittance is being made)

and the rate at which the tax is deductible at source thereon and hereby certify that

a sum of Rs at the.______ has been deducted as tax appropriate rate and has been paid to the

credit of the Government.


________________

Accountant

Place:

Date:

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Form 1

DECLARATION- cum-UNDERTAKING
[Under Section 10(5), Chapter III of The Foreign Exchange Management Act, 1999]

I/We hereby declare that the transaction the details of which are specifically mentioned in the
Schedule hereunder does not involve, and is not designed for the purpose of any contravention
or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification,
direction or order made thereunder.

I/We also hereby agree and undertake to give such information /documents as will reasonably
satisfy you about this transaction in terms of the above declaration.

I/We also understand that if I/We refuse to comply with any such requirement or make only
unsatisfactory compliance therewith, the Bank shall refuse in writing to undertake the
transaction and shall if it has reason to believe that any contravention /evasion is contemplated
by me/us report the matter to Reserve Bank Of India.

* I/We further declare that the undersigned has/have the authority to give this declaration and
undertaking on behalf of the firm/ company.

_______________________
Signature of the Applicant
for Foreign Exchange

Place :
Date :

*Applicable when the declaration/undertaking is signed on behalf of the firm/company.


______________________________________________________________________

SCHEDULE
All foreign exchange transactions as may be entrusted by us to the Bank from time to time.
For Office Use
NOTE: (Details of information/documentary evidence to be verified/recorded separately for
each transaction)

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Form 2

DECLARATION- cum-UNDERTAKING

[Under Section 10(5), Chapter III of The Foreign Exchange Management Act, 1999]

I/We hereby declare that the transaction the details of which are specifically mentioned in the
Schedule hereunder does not involve, and is not designed for the purpose of any contravention
or evasion of the provisions of the aforesaid Act or of any rule, regulation, notification,
direction or order made thereunder.

I/We also hereby agree and undertake to give such information /documents as will reasonably
satisfy you about this transaction in terms of the above declaration.

I/We also understand that if I/We refuse to comply with any such requirement or make only
unsatisfactory compliance therewith, the Bank shall refuse in writing to undertake the
transaction and shall if it has reason to believe that any contravention /evasion is contemplated
by me/us report the matter to Reserve Bank Of India.

* I/We further declare that the undersigned has/have the authority to give this declaration and
undertaking on behalf of the firm/ company.

_______________________
Signature of the Applicant
for Foreign Exchange
Place :
Date :

*Applicable when the declaration/undertaking is signed on behalf of the firm/company.


______________________________________________________________________

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A REFERENCE MANUAL FOR OUTWARD FOREIGN EXCHANGE REMITTANCES

SCHEDULE

Nature / Purpose of Foreign Exchange transaction ______________________________


______________________________
______________________________
Amount of Foreign Exchange ______________________________
Beneficiary _______________________________
_______________________________________________________________________

For Office use : Details of documentary evidence verified


1
2
3
4
5

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(Remittance Application Form)


To Date :

The Manager,
BNP Paribas,
……………… Branch
…………….

Dear Sir,

Subject : Request for foreign outward remittance (Demand Draft / Swift transfer)

We request you to arrange a foreign outward remittance as under :

Beneficiary Name : …………………………………………………………………….

Currency : ………… Amount : ……………………………………………...

Purpose of :…………………………………………………………………….
remittance ……………………………………………………………………..
________________________________________________________________________
(Additional details in case of Swift transfer)
Beneficiary Account No:…………………………………………………………………..
Beneficiary Bank’s :……………………………………………………………………..
name and address………………………………………………………………………
(account no. if available)…………………………………………………………………..
(swift code if available) ………..…………………………………………………………

Beneficiary Bank’s :…………………………………………………………………….


Correspondents ……………………………………………………………………
Name and address ……………………………………………………………………
(swift code if available) …………………………………………………………………...

Additional details (if


any)::……………………………………….……………………………………………
…………………………

Correspondent Bank Charges: (Ours / Beneficiary)


Please debit our account (EEFC / Designated / Rupee Account) No ……………… …………………………….
towards the above.

Yours faithfully,

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Clients Declaration

(Ref A-1, B-1 and B-2)

(FEMA-GOI-Notification G.S.R 381(E) Schedule III- Item 8


A.P.(DIR Series) Cir. No. 29 dated 31.03.2001
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001)

We hereby declare that the amount of remittance does not exceed USD 25000/- per person/per
visit. We also declare that we have not approached/ will not approach any other authorised
dealer for this remittance.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref B-3)

(FEMA-GOI-Notification G.S.R 381(E) Schedule III- Item 8


A.P.(DIR Series) Cir. No.29 dated 31.03.2001
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 8)

We hereby declare that the amount of remittance of hotel accommodation charges are incurred
on account of training. We further confirm that the amount of remittance does not exceed
USD 25000/- per person inclusive of training cost.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Chartered Accountant Certificate

(Ref : C-4)

(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir. No.11 dated 16.05.2000.)

We have verified the books of account of M/s, ………. (name and address)…………….
…………….. and hereby certify that the amount of remittance applied for has been verified
with reference to copy of prepaid Master Airwaybill/ Master Bill of Lading together with
original relative House Airway Bill/ Master Bill of Lading as also cargo manifest and invoices
from the overseas consolidators and had been found correct.

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

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Chartered Accountant Certificate

(Ref : C-5)

(Paragraph 7 v. of Annexure I A.D.(M.A.Series) Cir. No.11 dated 16.05.2000.)

We have verified the books of account of M/s, ………. (name and address)…………….
…………….. and hereby certify that the amount of remittance applied for has been verified
with reference to Break-Bulk agents debit notes and invoices, copy of Master Airwaybill/
Master Bill of Lading together with original relative House Airway Bill/ House Bill of Lading
as and had been found correct.

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

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Chartered Accountant Certificate

(Ref : D.1)

(Item 13 of Schedule III, and A.P.(DIR Series) Cir. No. 44 dated 14.05.2002)

We have verified the books of account of M/s, ………. (name and address)…………….
…………….. collecting agent of M/s. …………. Name and address) …………… and
hereby certify that :
1. Applicant exporter satisfies the criteria of having export earning of more than Rs. 10 lakhs
during each of the preceding two years. and
2. The advertisement for which foreign exchange is being remitted has been broadcaster by
the foreign television company in foreign countries and not in India alone.

Place: Stamp
Date: …
Signature of Chartered Accountant

Name…
Full Address…
Registration No.…

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Clients Declaration

(Ref E-3)

(Par A9 Part II of Master Cirri. No. EC.CO.PCD No.17/15.02.76/2001-02 dated


13.08.02)

We hereby declare that remittance is being made out of the foreign exchange purchased by the
concerned traveler from an authorized person (including exchange drawn for private travel
abroad) in accordance with the rules, regulations and Directions in force.

_________________________

Place: Signature of authorized official

Date: Name:

Designation:

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Clients Declaration

(Ref F-1)

(Paragraph 6 of Annexure 1 to A.D. (M.A.Series) Cir. No.11 dated 16.05.2000)

We hereby certify that the Maintenance/ Annual Service charges for Imported Machinery /
Software etc. is not covered under any warranty/guarantee obtained from the foreign company.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref F-2, F-7, F-8 )


(FEMA-GOI-Notification G.S.R 381(E) Schedule III- Item 15
A.P.(DIR Series) Cir. No.29 dated 31.03.2001
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 15)

We hereby confirm that the remittance is not exceeded USD 100,000/- per project.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref G –3, G-4 )

(FEMA-GOI-Notification G.S.R 381(E) Schedule III- Item 3


A.P.(DIR Series) Cir. No.29 dated 31.03.2001
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 3)

We hereby confirm that the remittance is not exceeded USD 5000/- during the year. We also
declare that we have not approached or will not approach any othet bank for this remittance.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref G –5 )

(FEMA-GOI-Notification G.S.R 381(E) Schedule III- Item 7


A.P.(DIR Series) Cir. No.29 dated 31.03.2001
Master Cir. EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 7)

We hereby confirm that the employee concerned is in regular employment and the said
remittance is not exceeded his/her net salary. We also declare that we have not approached or
will not approach any othet bank for this remittance.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref G –6)

(Notification No. FEMA 34/2001-RB dated 22.01.2001 – Regulation 8


A.P.(DIR Series) Cir. No. 28 dated 30.03.2001

We hereby confirm that the employee concerned is in regular employment and the said
remittance is within the 75% of his/her net salary. We also declare that we have not
approached or will not approach any othet bank for this remittance.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Certificate to be furnished by Authorised Dealers

(Ref : H.2)

(Paragraph 6 of Annexure 1, A.D.(M.A.Series) Cir. No. 11 dated 16.05.2000)

We hereby confirm that the proceeds of income-tax refund order of M/s ……………. has been received by us.
The details of which are as under :

Place : Stamp
Date : …………………………..
Signature of Authorised Official

Name and Designation ……………………


Name and Address of Authorised
Dealer …………………………………….

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Clients Declaration

(Ref H –8)

(Paragraph 6 of Annexure 1, A.D.(M.A.Series) Cir. No. 11 dated 16.05.2000)

We hereby certify that the remittance represents visa fees/ other consular collections made by
us and the amount so far remitted during the year is Rs…….. The remittance during the
previous We also declare that we have not approached or will not approach any othet bank for
this remittance.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Chartered Accountant Certificate

(Ref : H-11)

(Regulation No.7 of Notification No. FEMA 22/2000-RB dated 03.05.2000)

We have verified the relevant record of M/s. ………………….. and arrived at the remittable
profit as under :
……………………………………. ………………..
……………………………………. ………………..
……………………………………. ………………..

We hereby certify that the entire remittable profit has been earned by M/s. …………………
by undertaking the permitted activities. We also confirm that the profit does not include any
profit on revaluation of the asset of the branch.

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

Registration No. …………………

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Chartered Accountant Certificate

(Ref : H-12)

(Regulation No.7 of Notification No. FEMA 22/2000-RB dated 03.05.2000)

We have verified the relevant record of M/s. ………………….. and arrived at the remittable
profit as under :
……………………………………. ………………..
……………………………………. ………………..
……………………………………. ………………..

We hereby certify that the entire remittable profit has been earned by M/s. …………………
by undertaking the permitted activities.

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

Registration No. …………………

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Clients Declaration

(Ref H –23)

(Para C 1. (ii) of Memorandum of Instructions on Project Exports and Services


(PEM))

We hereby declare that the aggregate exchange facilities already of / to be availed of for
execution of the contract would be within overall ceiling of project related expenses viz. 70
percent of the contract value.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Clients Declaration

(Ref H –25)

(Para C 13 of A.P.(DIR Series) Cir. No.12 dated 09.09.2000)

We hereby confirm that we are not in the Reserve Bank’s caution list.

_________________________

Place : Signature of authorised official

Date : Name :

Designation :

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Chartered Accountant Certificate

(Ref : H-27)

(Paragraph 6 of Annexure 1 to A.D.(M.A.Series) Cir. No. 11 dated 16.05.2000)

We have verified the books of account of M/s, ………. (name and address)……………. …………….. collecting
agent of M/s. …………. Name and address) …………… and hereby certify that :

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

Registration No. …………………

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Chartered Accountant Certificate

(Ref : H-30)

(Regulation 19 (2) of Notification No. FEMA 19/RB-2000 dated 03.05.2000


Notification No. FEMA 40/RB-2000 dated 02.03.2001
A.P.(DIR Series) Cir. No. 32 sated 28.04.01
Master Cir. No. EC.CO.PCD. No. 53/15.02.76/2001-2002 dated 04.04.2002)

We have verified the constitution of M/s, ………. (name and address)……………. ……………..
and confirm that the foreign equity holding of the company is not less than 51 percemt.

Place : Stamp
Date : …………………………..
Signature of Chartered Accountant

Name …………………………

Full Address …………………….

Registration No. …………………

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Request for release pf foreign exchange (BTQ)


(A – 3)
(FEMA-GOI-Notification G.S.R. 381 (E) Schedule III, Item 2
Master Circular EC.CO.PCD.No.17/15.02.76/2001-02 dated 13.08.2001
Schedule III, Item 2.)
Date :

The Manager,
BNP Paribas,
………………
………………

Dear Sir,

Sub : Request for release of foreign exchange for private visit (BTQ)

This is to inform you that I, Mr./ Ms.


_______________________________________________ am travelling to
________________________________ on holiday. My details are as follows :

Name :
Address :
Passport No. :
Place of visit :
Period of stay :
Date of Departure :

I undetake to utilise the foreign exchange for the above mentioned purpose.
You are requested to debit my a/c No. ……………………………………. and issue the forex
in the following
Denominations

Cash (currencies) : (Not to exceeds USD 2000/- or its equivalent)


Travellers cheque :
Demand Drafts :

I declare that I have not approached / will not approach any other Authorised Dealers for this
remittance.

I further declare that I have not exceeded USD 5000/ or its equivalent in this calendar year.

Relevant Form A2, Passport and Air Ticket is enclosed to enable you to do the needful.

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Thanking you,

Yours faithfully,

(Applicant)

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