Date: 2022-12-12Category: Not ApplicableState: Union GovernmentCountry: India
Master Direction – Foreign Exchange Management (Hedging of Commodity Price Risk and Freight Risk in Overseas Markets) Directions, 2022 (Updated as on April 15, 2024)
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**Report: Analysis of RBI Master Direction on Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022 (Updated April 15, 2024)**
**1. Executive Summary:**
This report analyzes the Reserve Bank of India's (RBI) Master Direction on Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022, as updated on April 15, 2024. The core purpose of this direction is to provide a framework for Authorised Dealer Category I (AD Cat-I) banks to facilitate hedging of commodity price risk and freight risk in overseas markets by their customers. Key provisions define eligible entities, commodities, and permitted hedging products, along with operational guidelines for banks. The direction intends to provide clarity and guidelines for managing risks associated with commodity price and freight fluctuations for eligible resident entities.
**2. Introduction:**
This report aims to provide an informative overview and analysis of the Reserve Bank of India (RBI) Master Direction on Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022, updated as on April 15, 2024. The analysis is based solely on the text of the provided document.
**3. Policy Overview:**
* Core Objective(s): Based on the text, the core objectives are to:
* Establish a framework for AD Cat-I banks to facilitate hedging of commodity price risk and freight risk for their customers in overseas markets, including the International Financial Services Centre (IFSC).
* Define eligible entities, commodities, and permitted hedging products for this purpose.
* Provide operational guidelines for AD Cat-I banks to ensure the hedging activities are conducted responsibly and in accordance with the Foreign Exchange Management Act (FEMA), 1999.
**4. Background and Rationale:**
* This is not an Amendment, but a new Master Direction. The text infers that the rationale behind this direction is to provide clear and comprehensive guidelines for managing commodity price risk and freight risk for resident entities engaged in international trade or related activities. This is likely in response to the increasing volatility in commodity prices and freight rates, and the need for businesses to have access to hedging instruments to mitigate these risks. The text implies a need to clarify the regulatory landscape and standardize practices for AD Cat-I banks in facilitating such hedging activities.
**5. Key Provisions / Changes:**
As a new policy, the key provisions outlined in the provided text are as follows:
* **Definitions:** The policy defines key terms such as "Hedging," "Eligible entities," "Direct Exposure to Commodity Price Risk," "Indirect Exposure to Commodity Price Risk," "Exposure to Freight Risk," "Banks" and "International Financial Service Centre."
* **Eligible Commodities:** It specifies eligible commodities for hedging, distinguishing between direct and indirect exposures. In case of direct exposures, all commodities except Gems and Precious stones are eligible. Gold may only be hedged as provided at Para 5 ii of these directions. In case of indirect exposures, only Aluminium, Copper, Lead, Zinc, Nickel, and Tin are eligible. This list is subject to annual review.
* **Permitted Products:** The policy defines the types of derivative products that can be used for hedging, including generic products (futures, forwards, vanilla options, swaps) and structured products.
* **Hedging of Commodity Price Risk:** Eligible entities with exposure to commodity price risk may hedge such exposure in overseas markets using permitted products. Gold hedging is restricted to the International Financial Services Centre (IFSC).
* **Hedging of Freight Risk:** Eligible entities with exposure to freight risk may hedge such exposure in overseas markets using permitted products.
* **Operational Guidelines for Banks:**
* Banks must ensure entities have genuine exposure to commodity price risk or freight risk.
* The quantity and tenor of the hedge must align with the exposure.
* Justification is required for OTC derivatives and hedging using benchmark prices different from the underlying commodity.
* Entities must have a Board-approved risk management policy.
* Entities must have a reasonable understanding of hedging products.
* OTC contracts must be booked with regulated entities.
* Restrictions on structured products based on listing status and net worth.
* All payments related to hedging must be routed through a special account.
* Banks must maintain records of hedge transactions and remittances.
* Banks must obtain an annual certificate from the entity's statutory auditors.
* Banks must report irregularities to the RBI.
* **Standby Letters of Credit (SBLC)/Guarantees:** Banks can issue SBLCs/Guarantees (maximum one year) in lieu of margin money remittances for commodity hedging.
* **Realisation and repatriation of foreign exchange:** Realisation and repatriation of foreign exchange shall be guided by the provisions of the Foreign Exchange Management Realisation, repatriation and surrender of foreign exchange Regulations, 2015.
* **Reporting Requirements:** Banks must submit quarterly reports to the RBI through the Centralised Information Management System (CIMS) in a specified format (Annexure I).
* **Repeal:** It repeals previous circulars A. P. DIR Series Circular No. 19 dated March 12, 2018 and A. P. DIR Series Circular No. 16 dated January 15, 2020.
**6. Target Audience and Stakeholders:**
Based on the text, the primary target audience and stakeholders are:
* Authorised Dealer Category I (AD Cat-I) banks.
* Resident entities (excluding individuals) with exposure to commodity price risk or freight risk.
* Statutory auditors of these entities.
**7. Implementation Aspects (Inferred):**
* Responsible Agency/Bodies: Reserve Bank of India (RBI), Financial Markets Regulation Department (FMRD), Authorised Dealer Category I (AD Cat-I) banks, FEDAI (for acceptable OTC jurisdiction list).
* Timelines/Procedures:
* The directions came into force on December 12, 2022.
* Banks must submit quarterly reports to the RBI by the 15th of the month following the end of the quarter.
* Entities must obtain an annual certificate from their statutory auditors.
* The list of eligible commodities with indirect exposure would be reviewed annually.
* AD Cat I banks are to bring the content of the directions to the notice of their customers.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcomes of this Master Direction are:
* Increased clarity and standardization in the process of hedging commodity price risk and freight risk in overseas markets.
* Improved risk management practices by eligible entities.
* Greater access to hedging instruments for businesses, potentially leading to more stable financial performance.
* Enhanced monitoring and supervision of hedging activities by the RBI.
* Reduced potential for misuse of hedging instruments.
**9. Conclusion:**
The RBI's Master Direction on Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022, provides a comprehensive framework for managing these risks for eligible entities in India. It clarifies the rules, defines eligible participants and instruments, and establishes reporting requirements for AD Cat-I banks. The direction is significant as it aims to facilitate responsible hedging practices and contribute to the financial stability of businesses operating in international markets. The update on April 15, 2024, suggests ongoing refinement and adaptation of the policy to ensure its effectiveness.
Key Entities Referenced
RESERVE BANK OF INDIA: The central bank of India, which issued the circular.
RBI2022202394: Reference number of the RBI circular.
A. P. DIR Series Circular No. 20: Series and number of the circular related to foreign exchange management.
December 12, 2022: Date of the circular.
April 15, 2024: Date the circular was updated.
All Authorised Dealer Category I Banks: The entities to whom the circular is addressed.
Master Direction Foreign Exchange Management Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022: The main subject of the circular - directions for hedging commodity and freight risk.
Authorised Dealer Category I AD CatI banks: Banks authorized to deal in foreign exchange in Category I.
Regulation 6 and 6A of the Foreign Exchange Management Foreign Exchange Derivative Contracts Regulations, 2000: Regulations pertaining to foreign exchange derivative contracts.
May 3, 2000: Date of the Foreign Exchange Derivative Contracts Regulations.
Notification No. FEMA. 25RB2000: Notification number related to Foreign Exchange Management Act (FEMA).
Foreign Exchange Management Act, 1999 Act 42 of 1999: The act governing foreign exchange management in India.
Section 47: Section of the Foreign Exchange Management Act, 1999.
Section 11: Section of the Foreign Exchange Management Act, 1999.
Sections 104 and 111: Sections of the Foreign Exchange Management Act, 1999.
Dimple Bhandia: Chief General Manager at Financial Markets Regulation Department, Reserve Bank of India.
Financial Markets Regulation Department: Department within the Reserve Bank of India.
Central Office: Location of the RBI's Central Office.
Mumbai 400 001: Location of the RBI's Central Office.
FEMA: Foreign Exchange Management Act, 1999
Section 10 of FEMA, 1999: Section of the Foreign Exchange Management Act, 1999.
Section 2q of the Special Economic Zones Act, 2005: Section of the Special Economic Zones Act, 2005.
International Financial Service Centre IFSC: Financial service centre as defined in Section 2q of the Special Economic Zones Act, 2005
Gems and Precious stones: Commodities that are excluded from hedging of commodity price risk.
Gold: A commodity whose price risk may be hedged under specific conditions.
Aluminium, Copper, Lead, Zinc, Nickel, and Tin: List of eligible commodities for indirect exposures to commodity price risk.
FEDAI: Entity responsible for specifying acceptable jurisdictions for OTC contracts.
INR 200 crore: Net worth threshold for unlisted entities to use structured products for hedging.
Chief General Manager, Financial Markets Regulation Department, Reserve Bank of India: Recipient of reports regarding irregularities or misuse of the directions.
Standby Letters of Credit SBLC: Financial instrument permitted for use in commodity hedging transactions.
Foreign Exchange Management Realisation, repatriation and surrender of foreign exchange Regulations, 2015: Regulations governing realisation and repatriation of foreign exchange.
Chief General Manager, Financial Markets Regulation Department, Reserve Bank of India through Centralised Information Management System CIMS: The reporting entity and system for quarterly reports.
Annexure I: Format for the quarterly report to be submitted to the Reserve Bank.
A. P. DIR Series Circular No. 19 dated March 12, 2018: Circular repealed by this direction.
A. P. DIR Series Circular No. 16 dated January 15, 2020: Circular repealed by this direction.
भारतीय �रज़व र् बक�
RESERVE BANK OF INDIA
RBI/2022-2023/94
A. P. (DIR Series) Circular No. 20 December 12, 2022
(Updated as on April 15, 2024)
All Authorised Dealer Category – I Banks
Madam / Sir,
Master Direction – Foreign Exchange Management (Hedging of Commodity Price Risk
and Freight Risk in Overseas Markets) Directions, 2022
Attention of Authorised Dealer Category - I (AD Cat-I) banks is invited to Regulation 6 and 6A
of the Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations,
2000 dated May 3, 2000 (Notification No. FEMA. 25/RB-2000 dated May 3, 2000), as
amended from time to time, issued under clause (h) of sub-section (2) of Section 47 of Foreign
Exchange Management Act, 1999 (Act 42 of 1999) as amended from time to time.
2. Within the contours of the Regulations, the Reserve Bank issues directions to Authorised
Persons under Section 11 of the Foreign Exchange Management Act, 1999 (Act 42 of 1999).
These Directions lay down the modalities for the AD Cat-I banks for facilitating hedging of
commodity price risk and freight risk in overseas markets by their customers / constituents.
3. The Master Direction – Foreign Exchange Management (Hedging of Commodity Price Risk
and Freight Risk in Overseas Markets) Directions, 2022 are enclosed herewith. AD Cat-I
banks may bring the contents of these Directions to the notice of their customers / constituents
concerned.
4. The directions contained in this circular have been issued under 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
िव�ीय बाज़ार िविनयमन िवभाग, क��ीय कायार्लय, 9वी मंिजल, केन्�ीय कायार्लय भवन, शहीद भगत �संह माग,र् फोटर्, मुंबई – 400 001
फोन: (91-22) 2260 1000, फैक्स: (91-22) 22702290, ई-मेल: cgmfmrd@rbi.org.in
Financial Markets Regulation Department, Central Office, 9th Floor, Central Office Building, Shahid Bhagat Singh Road, Fort,
Mumbai – 400 001
Tel: (91-22) 2260 1000, Fax: (91-22) 22702290, E-mail: cgmfmrd@rbi.org.in
िहन्दी आसान ह,ै इसका �योग बढ़ाइएFINANCIAL MARKETS REGULATION DEPARTMENT
A. P. (DIR Series) Circular No. 21 dated December 12, 2022
Master Direction – Foreign Exchange Management (Hedging of Commodity
Price Risk and Freight Risk in Overseas Markets) Directions, 2022
The Reserve Bank of India, in exercise of the powers conferred under Sections 10(4)
and 11(1) of the Foreign Exchange Management Act (FEMA), 1999 (42 of 1999),
hereby issues the following Directions.
1. Short title and commencement
(i) These Directions shall be called the Master Direction – Foreign Exchange
Management (Hedging of Commodity Price Risk and Freight Risk in Overseas
Markets) Directions, 2022.
(ii) These Directions shall come into force on December 12, 2022.
2. Definitions
(i) Hedging – The activity of undertaking a derivative transaction to reduce an
identifiable and measurable risk. For the purpose of these directions, the relevant risks
are commodity price risk and freight risk.
(ii) Eligible entities – Eligible entities refers to residents other than Individuals.
(iii) Direct Exposure to Commodity Price Risk – An eligible entity will be said to have
direct exposure to commodity price risk if
(a) It purchases/sells a commodity (in India or abroad) whose price is fixed by
reference to an international benchmark; or
(b) It purchases/sells a product (in India or abroad) which contains a commodity
and the price of the product is linked to an international benchmark of the
commodity.
(iv) Indirect Exposure to Commodity Price Risk – An eligible entity will be said to have
indirect exposure to commodity price risk if it purchases/sells a product (in India or
abroad) which contains the commodity and the price of the product is not linked to an
international benchmark of the commodity.
(v) Exposure to Freight Risk – An eligible entity will be said to have exposure to freight
risk if it is engaged in the business of refining oil or is engaged in the business of
shipping.
(vi) Bank(s) – Bank(s) refer to banks licensed as Authorised Dealer – Category I under
Section 10 of FEMA, 1999.
1(vii) ‘International Financial Service Centre’ shall have the same meaning as assigned
to it in the Section 2(q) of the Special Economic Zones Act, 2005.
3. Eligible commodities – Commodities whose price risk may be hedged are:
(i) In case of direct exposures to commodity price risk: All commodities (except Gems
and Precious stones). Price risk of gold may only be hedged as provided at Para 5 (ii)
of these directions.
(ii) In case of indirect exposures to commodity price risk: Aluminium, Copper, Lead,
Zinc, Nickel, and Tin. This list of eligible commodities would be reviewed annually.
4. Permitted products – Permitted products refer to the following:
(i) Generic Products
(a) Futures and forwards
(b) Vanilla options (call option and put option)
(c) Swaps
(ii) Structured Products
(a) Products which are combination of either cash instrument and one or more
generic products
(b) Products which are combination of two or more generic products
5. Hedging of commodity price risk
(i) Eligible entities having exposure to commodity price risk for any eligible commodity
may hedge such exposure in overseas markets using any of the permitted products.
(ii) Eligible entities having exposure to price risk of gold may hedge such exposure in
the International Financial Services Centre (IFSC), subject to the stipulations set out
in this Master Direction.
6. Hedging of freight risk: Eligible entities having exposure to freight risk may hedge
such exposure in overseas markets by using any of the permitted products.
7. Other operational guidelines
(i) Banks may permit eligible entities to hedge commodity price risk and freight risk
overseas, including IFSC, using permitted products and may remit foreign exchange
in respect of such transactions after satisfying themselves that:
(a) The entity has exposure to commodity price risk or freight risk, contracted
or anticipated.
2(b) The quantity proposed to be hedged and the tenor of the hedge are in line
with the exposure.
(c) In case of OTC derivatives, the requirement to undertake OTC hedges is
justified.
(d) In case of hedging using a benchmark price other than that of the commodity
exposed to, the requirement to undertake such hedges is justified.
(e) Such hedging is taken up by the management of the entity under a policy
approved by the Board of Directors of a company or equivalent forum for other.
(f) The entity has the necessary risk management policies in place.
(g) The entity has reasonable understanding of the utility and likely risks
associated with the products proposed to be used for hedging.
(ii) OTC contracts shall be booked with a bank or with non-bank entities which are
permitted to offer such derivatives by their regulators. For this purpose, a list of
acceptable jurisdictions shall be specified by FEDAI.
(iii) Structured products may be permitted to eligible entities who are (a) listed on
recognized domestic stock exchanges or (b) fully owned subsidiaries of such entities
or (c) unlisted entities whose net worth is higher than INR 200 crore, subject to the
condition that such product are used for the purpose of hedging as defined under these
directions.
(iv) All payments/receipts related to hedging of exposure to commodity price risk and
freight risk shall be routed through a special account with the bank for this purpose.
(v) Banks shall keep on their records full details of all hedge transactions and related
remittances made by the entity.
(vi) Banks shall obtain an annual certificate from the statutory auditors of the entity
confirming that the hedge transactions and the margin remittances are in line with the
exposure of the entity. The statutory auditor shall also comment on the risk
management policy of the entity for hedging exposure to commodity price risk and
freight risk and the appropriateness of the methodology to arrive at the quantum of
these exposures.
(vii) Banks shall undertake immediate corrective action in case of any irregularity or
misuse of these Directions. All such cases should be reported to the Chief General
Manager, Financial Markets Regulation Department, Reserve Bank of India.
38. Standby Letters of Credit (SBLC) / Guarantees: Banks are permitted to issue
Standby Letters of Credit (SBLC) / Guarantees, for a maximum period of one year, on
behalf of their clients in lieu of making a remittance of margin money for commodity
hedging transactions entered into by their customers. Banks should ensure that these
SBLCs / Guarantees are used by their clients for the intended purposes.
9. Realisation and repatriation of foreign exchange: Realisation and repatriation of
foreign exchange due or accruing to an eligible entity resulting from permitted
transactions under this direction shall be guided by the provisions of the Foreign
Exchange Management (Realisation, repatriation and surrender of foreign exchange)
Regulations, 2015.
10. Report to Reserve Bank: Banks shall submit a quarterly report to the Chief
General Manager, Financial Markets Regulation Department, Reserve Bank of India
through Centralised Information Management System (CIMS) in the format provided
in Annexure I by the 15th of the month following the end of the quarter. In case of no
transactions, a “Nil” report shall be submitted by the bank.
11. Repeal
The following circulars issued by the Reserve Bank stand repealed as on the date on
which these Directions come into force:
(i) A. P. (DIR Series) Circular No. 19 dated March 12, 2018 on Hedging of Commodity
Price Risk and Freight Risk in Overseas Markets.
(ii) A. P. (DIR Series) Circular No. 16 dated January 15, 2020 on Hedging of
Commodity Price Risk and Freight Risk in Overseas Markets – Amendment.
4Annexure I
Report – Hedging of Commodity Price Risk and Freight Risk in Overseas
Markets during the Quarter ending _____
Name of the Authorised Dealer:
1.
Exposure Hedges Booked Gross Gross
(Quantity) (Quantity) Outflow Inflow
Commodity
(USD (USD
Direct Indirect OTC Exchanges
Million) Million)
2. Total outstanding SBLCs / Guarantees issued for hedging of commodity price
risk:
SBLCs outstanding Guarantees outstanding
(USD Million) (USD Million)
3. SBLCs / Guarantees invoked by the overseas counterparty (Customer wise):
SBLC / Guarantee Amount
Date Customer invoked
(USD Million)
1