RPCD. No. PLFS. BC. 8 / 05.04.02/ 2011-12 Periodical but frequent occurrence of droughts, floods, cyclones, tidal waves and other natural calamities takes a heavy toll of human life and causes wide spread damage to economic pursuits of human beings in one area or the other of our country. The devastation caused by such natural calamities call for massive rehabilitation efforts by all agencies. The State and local authorities draw programmes for economic rehabilitation of the affected people. The developmental role assigned to the commercial banks and co-operative banks, warrants their active support in revival of the economic activities.
External Commercial Borrowings and Trade Credits availed of by residents are governed by clause (d) of sub-section (3) of section 6 of the Foreign Exchange Management Act, 1999 read with Notification No. FEMA 3/2000-RB viz. Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000, dated May 3, 2000, as amended from time to time. This Master Circular consolidates the existing instructions on the subject of ‘External Commercial Borrowings and Trade Credits’ at one place. The list of underlying circulars/notifications, consolidated in this Master Circular, is furnished in the Appendix.
With a view to adopting the Basle Committee on Banking Supervision (BCBS) framework on capital adequacy which takes into account the elements of credit risk in various types of assets in the balance sheet as well as off-balance sheet business and also to strengthen the capital base of banks, Reserve Bank of India decided in April 1992 to introduce a risk asset ratio system for banks (including foreign banks) in India as a capital adequacy measure. Essentially, under the above system the balance sheet assets, non-funded items and other off-balance sheet exposures are assigned prescribed risk weights and banks have to maintain unimpaired minimum capital funds equivalent to the prescribed ratio on the aggregate of the risk weighted assets and other exposures on an ongoing basis. Reserve Bank has issued guidelines to banks in June 2004 on maintenance of capital charge for market risks on the lines of ‘Amendment to the Capital Accord to incorporate market risks’ issued by the BCBS in 1996.
Please refer to the Master Circular No. DBOD.No.BP.BC. 21/21.04.048/2010-11 dated July 1, 2010 consolidating instructions/guidelines issued to banks till June 30, 2010 on matters relating to prudential norms on income recognition, asset classification and provisioning pertaining to advances. The Master Circular has now been suitably updated by incorporating instructions issued up to June 30, 2011 and is attached. It has also been placed on the RBI web-site (http://www.rbi.org.in). We advise that this revised Master Circular consolidates the instructions contained in the circulars listed in the Annex 9.
As you are aware, in order to have all current instructions on the subject at one place, the Reserve Bank of India had issued a Master Circular DBOD.DIR(Exp.) No.06/04.02.002/2010-11, dated July 1, 2010 on the captioned subject which is now updated up to 30th June 2011. It may be noted that the Master Circular consolidates and updates all the instructions contained in the circulars listed in the Appendices, in so far they relate to providing export credit by banks to the exporters. This Master Circular also incorporates instructions contained in certain clarifications issued by RBI to banks/exporters/export organizations during the course of the year. The Master Circular has also been placed on the RBI web-site (www.rbi.org.in .). A copy of the revised Master Circular is enclosed.
CIRCULAR NO. DBOD. AML. BC. NO. 2/14 .01.001/2011-12, DATED 1-7-2011 Please refer to our Master Circular DBOD.AMLBC.No.2/14.01.001/2010 – 11 dated July 01, 2010 consolidating instructions/guidelines issued to banks till June 30, 2010 on Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards/Combating of Financing of Terrorism (CFT)/Obligation of banks under PMLA, 2002. This Master Circular is a consolidation of the instructions on Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards/Combating of Financing of Terrorism (CFT)/Obligation of banks under PMLA, 2002 issued up to June 30, 2011.
Reserve Bank of India has been issuing instructions to RRBs regarding opening/shifting/merger of branches/extension counters/offices, etc. from time to time. With a view to consolidating all the current instructions and incorporating certain changes made therein recently, a master circular has been prepared to enable RRBs to peruse the required information at a single source. The master circular consolidates all instructions relating to branch licensing of RRBs issued till date.
DBOD No. CID.BC. 1/20.16.003/2011-12 Pursuant to the instructions of the Central Vigilance Commission for collection of information on wilful defaults of Rs.25 lakhs and above by RBI and dissemination to the reporting banks and FIs, a scheme was framed by RBI with effect from 1st April 1999 under which the banks and notified All India Financial Institutions were required to submit to RBI the details of the wilful defaulters. Wilful default broadly covered the following:
MASTER CIRCULAR NO. 8/2011-12, DATED 1-7-2011 If any person contravenes any provision of FEMA, 1999, or contravenes any rule, regulation, notification, direction or order issued in exercise of the powers under this Act, or contravenes any condition subject to which an authorization is issued by the Reserve Bank, he shall, upon adjudication, be liable to a penalty up to thrice the sum involved in such contravention where the amount is quantifiable or up to Rupees Two lakh, where the amount is not quantifiable and where the contravention is a continuing one, further penalty which may extend to Rupees Five thousand for every day after the first day during which the contravention continues (Section 13(1), Chapter IV of FEMA, 1999). In terms of rule 4 of the Foreign Exchange (Compounding Proceedings) Rules, 2000, the powers to compound the contraventions have been prescribed for compounding authorities with regard to the sum involved in such contravention and no contravention shall be compounded unless the amount involved in the contravention is quantifiable.
The acceptance of deposits by an Authorised Dealer/Authorised bank from persons resident outside India are regulated by the provisions of sub-sections (1) and (2) of section 6 of the Foreign Exchange Management Act, 1999 read with FEMA Notification No. 5/2000 RB dated May 3, 2000, as amended from time to time.2. This Master Circular consolidates the existing instructions on the subject of ‘Non-Resident Ordinary Rupee (NRO) Account’ at one place. The list of underlying circulars/notifications consolidated in this Master Circular is furnished in the Appendix.
