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Reserve
Bank of India
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Offshore
Banking Units
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FEEMA
Notification No. FEMA 71/2002-RB
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RESERVE
BANK OF INDIA
EXCHANGE CONTROL DEPARTMENT
CENTRAL OFFICE
MUMBAI - 400 001
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No:FEMA71/2002- RB |
Dated
September 7, 2002
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In exercise of the powers conferred by Section 6, Section
7, Section 8, Section 9 and Section 47 of the Foreign
Exchange Management Act, 1999 (Act 42 of 1999) and all
other powers enabling it in this behalf, the Reserve
Bank of India makes the following Regulations, namely:
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CHAPTER I
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1. Short title and commencement
(i)
These Regulations shall be called the Foreign Exchange
Management (Offshore Banking Unit) Regulations, 2002.
(ii) They shall come into force from the date of their
publication in the Official Gazette.
2.
Definitions:
In these Regulation, unless the context requires otherwise:
-
(i)
'Act' means the Foreign Exchange Management Act, 1999
(Act 42 of 1999);
(ii) 'Offshore Banking Unit' means a branch of a bank
in India located in the Special Economic Zone and holds
an authorisation issued under clause (a) of sub-section
(1) of section 23 of the Banking Regulation Act, 1949
(10 to 1949);
(iii) 'Regulations' means the Regulations made under
the Act;
(iv) 'Special Economic Zone' means the Special Economic
Zone notified by the Government of India;
(v) Words and expressions used but not defined in these
Regulations shall have the same meanings respectively
assigned to them in the Act.
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CHAPTER
- II
PART 1
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3. Notwithstanding the status, as an authorised dealer,
of the bank setting up the Offshore Banking Unit, and
save as otherwise directed by the Reserve Bank, the
Offshore Banking Unit shall not be regarded as an authorised
dealer for the purpose of the Act, rules or regulations
made thereunder.
4.
Save as otherwise provided in these or any other Regulations
or directed by the reserve Bank, nothing contained in
any other Regulations shall apply to an Offshore Banking
Unit.
5.
Save as otherwise provided in these Regulations or with
the permission of the Reserve Bank, an Offshore Banking
Unit shall not conduct any activity or undertake any
transaction with residents in India.
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PART II
Transactions which may be undertaken by an Offshore
Banking Unit
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6. An offshore Banking Unit may undertake foreign exchange
transactions with any authorised dealer in India only
on principal-to-principal basis.
7.
An Offshore Banking Unit may undertake transaction in
foreign exchange with a unit located in Special Economic
Zone to the extent the latter is eligible to enter into
or undertake such transaction, within the ceilings and
subject to the conditions specified in the Regulations
governing such transaction.
8.
Engagement of an Offshore Banking Unit in any of the
forms of business specified in sub-section (1) of section
6 of the Banking Regulation Act, 1949 shall be only
in foreign exchange and shall be subject to these Regulations
and the conditions of licence issued under the said
Act.
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(K.
J. Udeshi)
Executive Director
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