Executive Summary:
This circular issued by the Reserve Bank of India (RBI) amends the Master Direction on Risk Management and Interbank Dealings. It permits Authorised Dealer Category-I banks with IFSC Banking Units (IBUs) to offer non-deliverable derivative contracts (NDDCs) involving the Rupee to non-resident individuals. The amendments come into effect on June 1, 2020.
Key Points / Main Content:
* **Eligibility for NDDC Offering:**
* Banks in India with Authorised Dealer Category-I license under FEMA, 1999 and operating IBUs can offer NDDCs involving the Rupee to persons not resident in India.
* These transactions can be done through branches in India, IBUs, or foreign branches (for foreign banks in India, through any branch of the parent bank).
* **Definition of NDDC:**
* A non-deliverable derivative contract (NDDC) is a foreign exchange derivative contract involving the Rupee, entered into with a person not resident in India, and settled without Rupee delivery.
* **NDDC Transactions:**
* Authorised Dealers with IBUs can transact in NDDCs with other AD Category-1 banks having IBUs and banks overseas.
* These transactions can be done through branches in India, IBUs, or foreign branches (for foreign banks in India, through any branch of the parent bank).
Impact Analysis:
* **Authorised Dealer Category-I Banks with IBUs:**
* Impact: Expanded business opportunities by allowing them to offer and transact in NDDCs with non-residents and other banks.
* Action Required: Ensure compliance with the amended Master Direction and update internal risk management policies and procedures accordingly.
* **Persons Not Resident in India:**
* Impact: Access to Rupee-linked derivative products for hedging or investment purposes.
* Action Required: Understand the terms and conditions of NDDCs offered by authorised banks and assess their suitability for their financial needs.
Key Entities Referenced
Reserve Bank of India: The central bank of India, responsible for regulating the banking sector and managing the country's monetary policy.
Foreign Exchange Management Act, 1999: An act of the Parliament of India to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India.
Authorised Dealer Category-I Banks: Banks authorized by the Reserve Bank of India to deal in foreign exchange.
Offshore Non-deliverable Rupee Derivative Markets: A market where non-deliverable derivative contracts involving the Indian Rupee are traded.
Foreign Exchange Management Foreign Exchange Derivative Contracts Regulations, 2000: Regulations pertaining to foreign exchange derivative contracts as per the Foreign Exchange Management Act.
Master Direction Risk Management and Interbank Dealings: A comprehensive set of guidelines issued by the Reserve Bank of India regarding risk management and interbank dealings.
International Financial Services Centre: Financial hubs that provide financial services to non-residents and residents, typically located in Special Economic Zones.
Non-deliverable derivative contracts: A financial contract where the parties agree to settle the difference between the contracted price or rate and the actual price or rate on an agreed date, without the physical delivery of the underlying asset.
RESERVE BANK OF INDIA
www.rbi.org.in
RBI/2019-20/193
A.P. (DIR Series) Circular No.23 March 27, 2020
All Authorised Dealer Category-I Banks
Madam / Sir,
Risk Management and Inter-bank Dealings- Participation of Banks in Offshore Non-
deliverable Rupee Derivative Markets
Attention is invited to the Foreign Exchange Management (Foreign Exchange Derivative
Contracts) Regulations, 2000 (Notification no. FEMA.25/RB-2000 dated May 3, 2000), as
amended from time to time, and Master Direction- Risk Management and Inter-bank
Dealings dated July 06, 2016, as updated from time to time (Master Direction)
2. As stated in paragraph 10 of the Statement on Developmental and Regulatory Policies
dated March 27, 2020, banks in India having an Authorised Dealer Category-1 license
under Foreign Exchange Management Act (FEMA), 1999, and operating International
Financial Services Centre (IFSC) Banking Units (IBUs), shall be eligible to offer non-
deliverable derivative contracts involving the Rupee, or otherwise, to persons not resident
in India. Banks can undertake such transactions through their branches in India, through
their IBUs or through their foreign branches (in case of foreign banks operating in India,
through any branch of the parent bank).
3. Accordingly, the following amendments are being made to the Master Direction. The
amendments shall come into effect from June 1, 2020.
(a) In Part-A (Section II) of the Master Direction, a new paragraph (9A) is added as
follows:
िव�ीय बाज़ार िविनयमन िवभाग,क��ीय कायार्लयभवन, नौव�मंिजलशहीद भगत �सहं मागर्, फोटर्,मुंबई .भारत
फोन ( 2260 1000,फैक्स 22702290 ईमेल
, –400001
Financial Markets Regulation Department, Central Office Building, 9th Floor, Shahid Bhagat Singh Marg, Fort, Mumbai – 400001. India
: 91-22) : (91-22) - : cgmfmrd@rbi.org.in
Tel: (91-22) 2260 1000, Fax: (91-22) 22702290 e-mail- cgmfmrd@rbi.org.in
िहन्दी आसान है, इसका �योग बढ़ाइए“9A. Non-deliverable derivative contracts (NDDC)
i. Non-deliverable derivative contract (NDDC) means a foreign exchange derivative
contract involving the Rupee, entered into with a person not resident in India and
which is settled without involving delivery of Rupee.
ii. Banks in India having an Authorised Dealer Category-1 license under FEMA, 1999,
and operating International Financial Services Centre (IFSC) Banking Units (IBUs)
(as specified in circular no. RBI/2014- 15/533.DBR.IBD.BC.14570/ 23.13.004/2014-
15 dated April 1, 2015 (as amended from time to time)), shall be eligible to offer non-
deliverable derivative contracts involving the Rupee, or otherwise, to persons not
resident in India. Banks can undertake such transactions through their IBUs or
through their branches in India or through their foreign branches (in case of foreign
banks operating in India, through any branch of the parent bank).
(b). In Part C of the Master Direction, a new paragraph is added as follows:
“3A. Transaction in Non-deliverable derivative contracts (NDDC)
Authorised dealers having an IFSC Banking Unit (IBU) (as specified in circular
no.RBI/2014-15/533.DBR.IBD.BC.14570/23.13.004/2014-15 dated April 1,
2015 (as amended from time to time)) may transact in Non-deliverable derivative
contracts (NDDCs) with other AD Category 1 banks having IBUs and banks
overseas. Banks can undertake such transactions through their IBUs or through
their branches in India or through their foreign branches (in case of foreign
banks operating in India, through any branch of the parent bank).”
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)
General Manager (O-i-C)