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)
Executive Summary:
This circular from the Reserve Bank of India (RBI), updated on April 15, 2024, encloses the Master Direction, Foreign Exchange Management, Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022. It outlines the modalities for Authorised Dealer Category I (AD CatI) banks to facilitate hedging of commodity price and freight risk in overseas markets for their customers. These directions, effective from December 12, 2022, are issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act (FEMA), 1999. Banks must submit a quarterly report to the RBI via CIMS by the 15th of the month following the end of each quarter.
Key Points / Main Content:
* **Purpose and Scope:**
* Provides directions for AD CatI banks to facilitate hedging of commodity price risk and freight risk in overseas markets for their customers.
* Applies to residents other than individuals (eligible entities).
* **Definitions:**
* **Hedging:** Derivative transaction to reduce identifiable and measurable commodity price risk and freight risk.
* **Direct Exposure:** Price of commodity or product linked to an international benchmark.
* **Indirect Exposure:** Price of product containing a commodity is *not* linked to an international benchmark.
* **Freight Risk:** Entities refining oil or engaged in shipping.
* **Eligible Commodities:**
* **Direct Exposures:** All commodities except Gems and Precious stones. Gold price risk can only be hedged in the International Financial Services Centre (IFSC) as specified.
* **Indirect Exposures:** Aluminium, Copper, Lead, Zinc, Nickel, and Tin (subject to annual review).
* **Permitted Products:**
* **Generic Products:** Futures, forwards, vanilla options (call and put), and swaps.
* **Structured Products:** Combinations of cash instruments and/or generic products.
* **Hedging of Risks:**
* Eligible entities with commodity price risk exposure may hedge in overseas markets using permitted products.
* Gold price risk may be hedged in IFSC, subject to stipulations in the Master Direction.
* Entities with freight risk exposure may hedge in overseas markets using permitted products.
* **Operational Guidelines for Banks:**
* Banks may permit eligible entities to hedge commodity price risk and freight risk overseas (including IFSC) using permitted products.
* Banks must verify the entity's exposure, quantity to be hedged, tenor, justification for OTC hedges or non-benchmark prices, and risk management policies.
* OTC contracts must be booked with banks or non-bank entities permitted by their regulators. FEDAI will specify acceptable jurisdictions.
* Structured products permitted for listed entities, their wholly-owned subsidiaries, or unlisted entities with net worth > INR 200 crore, for hedging purposes only.
* All payments/receipts must be routed through a special account with the bank.
* Banks must maintain records of hedge transactions and remittances.
* Annual auditor certificate required, confirming hedge transactions align with exposure and commenting on risk management policy.
* Banks must report irregularities to the RBI.
* **Standby Letters of Credit (SBLC)/ Guarantees:**
* Banks can issue SBLCs/Guarantees (max. 1 year) instead of margin money remittance for commodity hedging.
* **Foreign Exchange:**
* Realization and repatriation of foreign exchange guided by the Foreign Exchange Management (Realisation, repatriation and surrender of foreign exchange) Regulations, 2015.
* **Reporting:**
* Banks must submit a quarterly report to the RBI through CIMS by the 15th of the month following the end of the quarter (Annexure I format). A "Nil" report is required if no transactions occurred.
* **Repeal:**
* A. P. DIR Series Circular No. 19 dated March 12, 2018 and A. P. DIR Series Circular No. 16 dated January 15, 2020 are repealed.
Impact Analysis:
**Authorised Dealer Category I (AD CatI) Banks**
* Impact: Requires AD CatI banks to understand and implement the guidelines for facilitating hedging of commodity and freight risk for their customers. They must ensure compliance with reporting requirements and due diligence in permitting hedging activities.
* Action Required: Update internal policies and procedures to align with the Master Direction, inform customers of the new guidelines, implement the reporting requirements, and conduct necessary due diligence before permitting hedging transactions.
**Eligible Entities (Residents other than Individuals)**
* Impact: Provides clarity on which entities can participate in hedging commodity price and freight risk, the eligible commodities, and the permissible hedging products.
* Action Required: Review their existing hedging strategies and risk management policies to ensure compliance with the new guidelines, establish a board-approved hedging policy (if not already in place), and understand the types of exposures they can hedge.
**Statutory Auditors of Eligible Entities**
* Impact: Increased responsibility for auditing and certifying that hedge transactions are in line with the entity's exposure and commenting on the appropriateness of the risk management policy.
* Action Required: Update audit procedures to include verification of hedge transactions, assessment of risk management policies, and provide a certificate confirming compliance with the Master Direction.
**Reserve Bank of India (RBI)**
* Impact: Responsible for overseeing the implementation of the guidelines and monitoring compliance through the quarterly reports submitted by AD CatI banks.
* Action Required: Review the quarterly reports submitted by AD CatI banks, address any irregularities or misuse of the Directions, and update the list of eligible commodities for indirect exposures annually.
Key Entities Referenced
Reserve Bank of India: The central bank of India, responsible for issuing these directions regarding foreign exchange management.
Foreign Exchange Management Act, 1999: Indian legislation that provides the legal framework for foreign exchange regulations in India. Referenced as Act 42 of 1999.
Master Direction Foreign Exchange Management Hedging of Commodity Price Risk and Freight Risk in Overseas Markets Directions, 2022: The primary policy document containing the guidelines for hedging commodity price risk and freight risk in overseas markets.
Authorised Dealer Category I Banks: Banks authorized by the Reserve Bank of India to deal in foreign exchange.
Foreign Exchange Management Foreign Exchange Derivative Contracts Regulations, 2000: Regulations governing foreign exchange derivative contracts, issued under the Foreign Exchange Management Act, 1999.
International Financial Services Centre: An area within India that is treated as a foreign jurisdiction for specific economic purposes, particularly for financial services.
Financial Markets Regulation Department, Reserve Bank of India: The department within the Reserve Bank of India responsible for regulating financial markets.
Mumbai, Maharashtra: City in India where the Central Office of the Financial Markets Regulation Department, Reserve Bank of India is located.
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