RBI/2022-23/122
A.P. (DIR Series) Circular No. 16
September 30, 2022
To
All Category-I Authorised Dealer Banks
Madam / Sir
Late Submission Fee for reporting delays under Foreign Exchange Management Act, 1999 (FEMA)
The Late Submission Fee (LSF) was introduced for reporting delays in Foreign Investment (FI), External Commercial Borrowings (ECBs) and Overseas Investment related transactions with effect from November 07, 2017, January 16, 2019 and August 22, 2022 respectively. It has now been decided to bring uniformity in imposition of LSF across functions. The following matrix shall be used henceforth for calculation of LSF, wherever applicable:
Sr. No. | Type of Reporting delays | LSF Amount (INR) |
1 | Form ODI Part-II/ APR, FCGPR (B), FLA Returns, Form OPI, evidence of investment or any other return which does not capture flows or any other periodical reporting | 7500 |
2 | FC-GPR, FCTRS, Form ESOP, Form LLP(I), Form LLP(II), Form CN, Form DI, Form InVi, Form ODI-Part I, Form ODI-Part III, Form FC, Form ECB, Form ECB-2, Revised Form ECB or any other return which captures flows or returns which capture reporting of non-fund transactions or any other transactional reporting | [7500 + (0.025% × A × n)] |
Notes: a) “n” is the number of years of delay in submission rounded-upwards to the nearest month and expressed up to 2 decimal points. |
2. The above provisions shall come into effect immediately for the delayed filings made on or after the date of this circular.
3. All other provisions of reporting under FEMA remain unchanged. AD Category - I banks should bring the contents of this circular to the notice of their constituents and customers.
4. The ‘Master Direction – Reporting under Foreign Exchange Management Act, 1999’ and ‘Master Direction - External Commercial Borrowings, Trade Credits and Structured Obligations’ are being updated to reflect the changes.
5. The directions contained in this circular have been issued under section 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions/approvals, if any, required under any other law.
Yours faithfully
Ajay Kumar Misra
Chief General Manager-in-Charge