Question
Download Solution PDFWhen was the 'Foreign Exchange Management Act' came into force?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is June 2000.
Key Points
- The Foreign Exchange Management Act (FEMA) was introduced in India as a replacement for the older Foreign Exchange Regulation Act (FERA).
- FEMA officially came into force on June 1, 2000, marking a significant change in India's approach to foreign exchange management.
- It was enacted to facilitate external trade, payments, and promote orderly development and maintenance of the foreign exchange market in India.
- The Act applies to all branches, offices, and agencies outside India owned or controlled by an Indian resident, as well as Indian citizens residing abroad.
- FEMA is administered by the Reserve Bank of India (RBI) and the central government to regulate foreign exchange transactions.
Additional Information
- Key Terminology under FEMA:
- Capital Account Transactions: Transactions that alter the assets or liabilities outside India.
- Current Account Transactions: Transactions involving payments for goods, services, and short-term credits.
- Authorized Dealer: Entities authorized by the RBI to deal in foreign exchange.
- Foreign Exchange: All currency transactions involving foreign nations.
- Difference between FERA and FEMA:
- FERA was a restrictive law, while FEMA is more liberal and promotes foreign trade.
- FERA's violation was considered a criminal offense, whereas FEMA treats violations as civil offenses.
- Objectives of FEMA:
- To facilitate external trade and payments.
- To promote orderly development and maintenance of the foreign exchange market.
- To ensure the conservation and effective utilization of foreign exchange resources.
- Penalties under FEMA:
- For violations, FEMA imposes fines up to thrice the sum involved in the contravention.
- In case of non-payment, further penalties may include imprisonment of up to six months.
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