The Department of Economic Affairs (DEA), Ministry of Finance, on 12th September has notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 under powers given under section 46 read with section 15 of the Foreign Exchange Management Act (FEMA), 1999. The amended Rules will supersede the existing Foreign Exchange (Compounding Proceedings) Rules, which were issued in 2000. They provide a framework for individuals or entities to voluntarily settle contraventions of the Foreign Exchange Management Act, 1999 (FEMA), by paying a compounding fee.
Key
Highlights
The
2024 Rules introduce significant reforms aimed at reducing administrative
delays and supporting the Government of India’s Ease of Doing Business
initiative.
1.
Revision in Monetary Limits for RBI Officials
The
monetary jurisdiction for officers of the Reserve Bank of India (RBI) handling
compounding proceedings (for all contraventions other than Section 3(a) of
FEMA) has been substantially enhanced to allow faster disposal at regional
levels:
|
RBI
Officer Rank |
Former
Limits (2000 Rules) |
Revised
Limits (2024 Rules) |
|
Assistant
General Manager (AGM) |
Up
to ₹10 Lakh |
Up
to ₹60 Lakh |
|
Deputy
General Manager (DGM) |
>
₹10 Lakh to ₹40 Lakh |
>
₹60 Lakh up to ₹2.5 Crore |
|
General
Manager (GM) |
>
₹40 Lakh to ₹100 Lakh |
>
₹2.5 Crore up to ₹5 Crore |
|
Chief
General Manager (CGM) |
Exceeding
₹100 Lakh |
Exceeding
₹5 Crore |
2.
Monetary Limits for Directorate of Enforcement (ED) Officials
For
contraventions specifically involving Section 3(a) of FEMA (dealing in or
transferring foreign exchange/foreign security to unauthorized persons), the
authorities in the Directorate of Enforcement (ED) hold compounding
jurisdiction as detailed below:
|
ED
Officer Rank |
Sum
Involved in Contravention |
|
Deputy
Director |
Up
to ₹5 Lakh |
|
Additional
Director |
>
₹5 Lakh up to ₹10 Lakh |
|
Special
Director |
>
₹10 Lakh up to ₹50 Lakh |
|
Special
Director in conjunction with Deputy Legal Adviser |
>
₹50 Lakh up to ₹1 Crore |
|
Director
of Enforcement along with Special Director |
Exceeding
₹1 Crore |
3.
Key Operational Changes
|
Provision |
Erstwhile
Framework (2000 Rules) |
Updated
Framework (2024 Rules) |
|
Application
Fee |
₹5,000 |
₹10,000
(+ applicable GST) |
|
Payment
Mode |
Demand
Draft (DD) only |
Digital
Modes (NEFT/RTGS), Online Payment, or DD |
|
Order
Timeline |
Within
180 days from application |
Within
180 days from application receipt |
|
Payment
Timeline |
Within
15 days of the order |
Within
15 days of the compounding order |
|
Rule
on Pending Matters |
N/A |
Applications
pending before Sept 12, 2024, continue under the 2000 Rules |
Non-Compoundable
Contraventions (Rule 9)
Rule
9 of the 2024 Rules explicitly categorizes contraventions that cannot be
compounded by the Compounding Authority:
- Unquantifiable Sums: Matters where the amount involved in the contravention
is not quantifiable.
- Serious Violations: Cases involving money laundering, terror financing, or
threats to national security/integrity (referred to Adjudicating Authority
under Section 13).
- Section 37A Violations: Holding foreign assets outside India in violation of
Section 4 of FEMA.
- Already Adjudicated: Cases where the Adjudicating Authority has already
passed an order imposing a penalty under Section 13.
- Further ED Investigation
Needed: Cases where the authority
believes further investigation by the ED is necessary to ascertain the
contravention amount.
3-Year
Limitation Rule for Repeat Offences
Under
Rule 4(2) and Rule 5(2):
- Three-Year Lookback: If a similar contravention committed by a person was
previously compounded under these rules, any second or subsequent
contravention within 3 years of that date cannot be
compounded.
- Reset Period: Any contravention committed after the expiry of 3
years from the date of the previous compounding order will be treated as a
first-time contravention.
Summary
Impact
The
Foreign Exchange (Compounding Proceedings) Rules, 2024 bring much-needed
modernization to FEMA compliance in India. By increasing officer authorization
limits up to fivefold, incorporating digital payment gateways, and laying down
clear rules for non-compoundable offences, the Ministry of Finance has created
a more transparent, efficient, and business-friendly regulatory system.
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