**Executive Summary**
This document, issued by the Reserve Bank of India, introduces new disclosure requirements for Authorised Dealers when offering foreign exchange contracts to retail users. These requirements mandate the provision of detailed transaction cost information. The instructions will be applicable with effect from three months from the date of issuance of these instructions.
**Key Points / Main Content**
* **Scope:** The circular applies to the following foreign exchange contracts involving INR or otherwise, offered to both retail and non-retail users:
* Foreign exchange cash
* Foreign exchange tom
* Foreign exchange spot
* Foreign exchange derivative contracts
* Foreign currency interest rate derivative contracts
* **Disclosure Requirements for Derivatives:**
* When offering foreign exchange or foreign currency interest rate derivatives to a retail user, Authorised Dealers must provide the mid-market mark / bid and ask price before entering into the contract.
* This information must also be included in the deal confirmation / term sheet.
* **Disclosure Requirements for Foreign Exchange Cash, Tom, and Spot Contracts:**
* When offering foreign exchange cash, foreign exchange tom, and foreign exchange spot contracts to a retail user, Authorised Dealers must provide details of the total transaction cost.
* This includes all relevant costs and charges, such as sending and receiving fees (including those of any intermediaries), foreign exchange rate, and currency conversion charges.
* The total transaction cost must be disclosed before entering the contract and also included in the deal confirmation.
* **Effective Date:**
* These instructions will be applicable with effect from three months from the date of issuance of these instructions
* **Definitions:**
* 'Retail user' and 'Authorised Dealer' have the same meaning as assigned in the Master Direction.
**Impact Analysis**
**Authorised Dealers**
* **Impact**
* Authorised Dealers must update their systems and processes to comply with the new disclosure requirements for foreign exchange transactions offered to retail users. This includes providing detailed transaction cost information before contract initiation and in deal confirmations.
* **Action Required**
* Implement necessary changes to systems and procedures to accurately calculate and disclose all relevant transaction costs for applicable foreign exchange contracts.
* Ensure compliance with the new disclosure requirements within three months from the date of issuance of the instructions.
Key Entities Referenced
Master Direction – Risk Management and Inter-Bank Dealings dated July 05, 2016: Key reference document governing risk management and inter-bank dealings, which Authorised Dealers are permitted to offer foreign exchange contracts under.
Reserve Bank of India: The central bank issuing the circular and responsible for regulating financial markets.
Foreign Exchange Management Act, 1999: Act that empowers the RBI to issue directions on foreign exchange transactions.
Reserve Bank of India Act, 1934: Act that empowers the RBI to issue directions.
Authorised Dealers: Entities permitted by the RBI to offer foreign exchange contracts.
RESERVE BANK OF INDIA
FINANCIAL MARKETS REGULATION DEPARTMENT
9TH FLOOR, CENTRAL OFFICE, FORT
MUMBAI 400 001
To,
All Authorised Dealers
Madam/Sir,
Disclosure of transaction cost for foreign exchange transactions - Draft
A reference is invited to the Master Direction – Risk Management and Inter-Bank
Dealings dated July 05, 2016, as amended from time to time (hereinafter referred as
‘Master Direction’), in terms of which Authorised Dealers have been permitted to offer the
following foreign exchange contracts, involving INR or otherwise, to users (both retail and
non-retail):
a. foreign exchange cash;
b. foreign exchange tom;
c. foreign exchange spot;
d. foreign exchange derivative contracts; and
e. foreign currency interest rate derivative contracts.
2. In terms of the aforesaid Master Direction, while offering foreign exchange derivative /
foreign currency interest rate derivative to a retail user, an Authorised Dealer shall provide
the mid-market mark / bid and ask price of the derivative before entering into the contract
and the same must also be included in the deal confirmation / term sheet.
3. Further to this, on a review, it has been decided that while offering foreign exchange
cash, foreign exchange tom and foreign exchange spot contracts to a retail user,
Authorised Dealers shall provide to the user, details of the total transaction cost (showing
all relevant costs and charges viz., sending and receiving fees including those of any
intermediaries, foreign exchange rate and currency conversion charges), before entering
into the contract and also include the same in the deal confirmation.4. These instructions shall be applicable with effect from three months from the date of
issuance of these instructions.
5. For the purpose of this circular, ‘retail user’ and ‘Authorised Dealer’ shall have the
same meaning as assigned in the Master Direction.
6. The directions contained in this circular have been issued under Section 45W of the
Reserve Bank of India Act, 1934 and Sections 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,
(Dimple Bhandia)
Chief General Manager
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