Clarifications received from RBI on various queries on the recent regulations on the EEFC circular dated 10th May 2012

Clarifications received from RBI on various queries on the recent regulations on the EEFC circular dated 10th May 2012

RBI Replies are given in Blue Color for easy reference

1A customer has balance of USD 4 million in his account.  He has sold 3 months forward or bought 3 month put option for USD 3 million on 2nd May 2012, against the balance in his EEFC account.  The customer can not convert 50% of USD 4 million balances in his EEFC account now, as amount of USD 3 million is earmarked for forward / option contract.  Therefore, there is need for clarification. 

Available balances may be arrived at by netting off earmarked amounts on account of outstanding forward / option contracts against the EEFC balances.
Forward/option contracts based on past performance or export orders may be also excluded from available balance, if the customer instructs to earmark EEFC balance.


2On 14 June 2012, a customer has an export transaction of USD 2 million and he expects realisation in October. On 1st Aug, he sells 3 month forward or bought 3 month put option for USD 2 million, against this order.   Now, if he receives the proceeds in Sep 12, he needs to park entire USD 2 million in EEFC account and use it for settlement on the due date. If he is required to convert half the amount to INR i.e. USD 1 million, he will not be left with adequate balance to utilise his contract maturing in October

The customer is allowed to retain in the EEFC account amount equal to the forward cover / option contract booked and balance may be dealt with in terms of our circular.


3 A customer has payment obligation of USD 1 million for his imports after 2 months. He has zero balance in EEFC account and he books call option or buys USD 1 million 2 month forward for this transaction. On the due date, he has balance of USD 2 million in his EEFC account.  As per the above circular, he is required to utilise the balance in his EEFC account before purchasing foreign exchange. If he does that, he will not be utilising related forward / option contract.

The EEFC balances at the time of booking the purchase (of customer) contract is to be taken into account and not on the settlement date.


4 A customer has balance of USD 1 million in his EEFC – USD account.  He receives import bill of Yen 40 million.  Is he required to utilise the balance in EEFC – USD account to settle the import bill in JPY?

Yes. Customers will have to utilize the balance in the EEFC account irrespective of the currency in which it is held.


5 Whether 50% of the balance in EEFC account held as of the circular date today (i.e. reference date) be converted forthwith into rupee balance. For e.g. A situation where a client has 100 USD in his EEFC account as of the reference date and he intends to make import payment of 80 USD on the 5th day from the reference date. In such a scenario whether he will be able to utilise the 80 USD or be restricted to 50 USD.

Customer has to convert USD 50. Thereafter, he has to utilise balance amount of USD 50 for partial import payment. Balance import payment of USD 30 will have to be purchased from the market.
EEFC account holders who based on the business cycle, hold balances for less than a week may approach Reserve Bank ofIndia separately through their ADs.


6 Whether the conversion of 50% of the balances ( stock balances) for  RFC and DDA should be converted like that in case of EEFC.  Please note that point 4 of the circular mentions that provisions of only  2(b) and 2(c) apply for RFC and DDA accounts

No only the future forex earnings as mentioned in para 2(b) & 2(c) of the circular.


7Where client has EEFC accounts with other banks, can the EEFC balances be moved from that bank to the remitting bank for effecting payment for outward remittances.

Yes


8 As per RBI circular EEFC account holders henceforth will be permitted to access the forex market for purchasing foreign exchange only after utilising fully the available balances in the EEFC accounts.  Can client be allowed to book forward purchase contract for a forward date even he has enough balance in his EEFC account?

No


9 An export client had availed a FCY export loan (PSCFC) of USD 50M against an export bill of USD 100M which is now realised. Client wishes to use USD 50 M out of the realisation to liquidate the  PSCFC and retain the remaining USD 50M in his EEFC a/c.

Export proceeds of USD 50 mio will be used for liquidating PSCFC account. 50 % of the balance amount $ 50 i.e. $ 25 will have to be converted and USD 25 can be parked in EEFC account.


10 Client has USD 100M in his EEFC a/c today. He has to mandatorily convert USD 50 M into INR balances within a fortnight. The client now wants to utilise USD 50 Mio for retiring an import bill (within this fortnight). Subsequent to this import payment the clients EEFC balance will be USD 50 M and he wishes to not convert any more USD from his EEFC a/c.

No. He will have to first convert USD 50 mio. He has to thereafter utilise balance amount USD 50 mio to retire import bill of USD 50 mio.


11 Client has USD 100 M in EEFC a/c. He wishes to book import forward contract for USD 50 M. Since booking a forward contract also amounts to access to forex markets we ask him to utilise the EEFC first. The client has asked for clarifications on the following 4 alternatives he has :
a) Liquidate EEFC balance of USD 100 M & book forward contract of USD 50 M
b) Liquidate EEFC to the extent of USD 50 M i.e. equal to the amount of import forward contract to be booked.
c) Instead of liquidating EEFC to the extent of USD 100 M, client books a sell USDINR forward contract of USD 100 M to sell EEFC balances forward and simultaneously books the Import contract for USD 50M
d) Client books a sell USDINR forward contract of USD 50 M to sell USD 50 M of EEFC balances forward - equal to the amount of the import forward contract he wishes to book and then books the import forward contract.

The options at (a) and (c) may be allowed.


12 Client does not give directions within a fortnight to liquidate 50% of 9th May EOD EEFC balance in his account.

Directions from client, mentioned in the circular, relate to the account to which the Rupee proceeds are to be credited and not for liquidation of the EEFC balances.


13 Client has been accumulating EEFC balances to deliver against option contracts booked to hedged exports against Past Performance. Forced conversion of 50% will mean, there will be less FCY to settle the option hedges under PP. In this case at the time of forced EEFC liquidation to the extent of 50% the client would ideally be cancelling the export hedges to that extent (he cannot early deliver because these are option hedges). However as per the current regulations PP contracts should only be settled by delivery and in cases where the PP contracts have to be cancelled the gains cannot be passed to clients. So what does a client, who has in the money PP option hedges do with his option hedges, when he is forced to liquidate his EEFC balances?

Customer may be allowed to hold export proceeds in EEFC account to the extent amount earmarked in EEFC account for utilisation of  forward contract


14 Will the customer be allowed to book forward contract to buy dollars if they already have EEFC balances on the date of booking the forward cover? For example, if a customer has EEFC balance of USD 50,000 in his account but he wants to book a forward contract for purchase of USD 200,000 value 31 May 2012, then will he be allowed to book a contract for USD 200,000 or he will be allowed to book only USD 150,000 (USD 200,000 less EEFC balance of USD 50,000).

If  customer undertakes to utilise $ 50,000 for imports purpose, he can thereafter book forward contract for USD 150,000/-


15 Declaration while selling foreign exchange to their constituents – Should it cover other banks also?

Yes. The customers need to declare that they have exhausted the EEFC/RFC/DDA account balances maintained with other banks also.


16  Treatment of FCY transactions done on the same value date

Can be netted off.


17 Whether this regulations would also apply to foreign currency accounts opened by SEZ units

The regulations are only applicable to EEFC, RFC and DDA accounts as mentioned in the circular.