BCP · BANKINGCOMPL

External Commercial Borrowings, Trade Credits and Structured Obligations

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Q

What is the definition of External Commercial Borrowings (ECBs) under RBI guidelines?

A

ECBs are commercial loans raised by eligible resident entities from recognised non-resident lenders, including bank loans, buyers' credit, suppliers' credit, securitised instruments, and bonds/debentures with a minimum average maturity as prescribed by RBI.

Q

What is the maximum amount of ECB that can be raised under the automatic route per financial year?

A

USD 750 million or equivalent per financial year.

Q

Which regulatory framework governs ECBs in India?

A

ECBs are regulated under the Foreign Exchange Management Act (FEMA), 1999 and RBI's Master Direction on External Commercial Borrowings, Trade Credits, and Structured Obligations issued under FEMA.

Q

What does 'all-in-cost' of ECB include?

A

Rate of interest, fees, expenses, and charges paid to the lender.

Q

What are the two tracks under which ECBs can be raised?

A

ECBs can be raised under Track I (medium-term foreign currency denominated ECBs with a minimum average maturity of 3-5 years) and Track III (Rupee-denominated ECBs/Masala Bonds with a minimum average maturity of 3-5 years), with Track II merged into Track I.

Q

Which body issues the master directions on ECB and Trade Credits in India?

A

Reserve Bank of India (RBI) under FEMA 1999.

Q

What is the all-in-cost ceiling for ECBs?

A

The all-in-cost ceiling for ECBs is benchmarked to the overnight Alternative Reference Rate (ARR) plus a spread; for foreign currency ECBs the ceiling is ARR plus 500 basis points per annum, covering all-in-cost including arranging fees, upfront fees, and other charges.

Q

What is the minimum average maturity for Trade Credit up to USD 20 million?

A

One year from the date of shipment.

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