FEFI · FOREIGNEXCHA

AUTHORISATION TO FOREIGN EXCHANGE DEPARTMENT, CENTRAL OFFICE CELL, NEW DELHI, PRE-REQUISITES FOR COMPOUNDING, TECHNICAL, MINOR, MATERIAL AND SERIOUS CONTRAVENTIONS, ISSUE OF COMPOUNDING ORDER, PAYMENT AFTER COMPOUNDING ORDER

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Foreign Exchange Facilities for Individuals — Foreign Exchange Facilities for Individuals.

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Q

Which authority grants authorisation to the Foreign Exchange Department, Central Office Cell (FEDCO) in New Delhi to compound contraventions under FEMA?

A

The Reserve Bank of India grants authorisation to FEDCO, New Delhi, empowering it to compound specified contraventions of FEMA 1999 on behalf of the central bank.

Q

What is the full form of FEDCO in the context of FEMA compounding?

A

Foreign Exchange Department Central Office Cell, New Delhi.

Q

What is the primary purpose of the compounding mechanism under FEMA 1999?

A

Compounding allows contraventions of FEMA to be settled by payment of a specified sum without resorting to lengthy adjudication proceedings, thereby providing an expeditious resolution mechanism for violations.

Q

Under which Act is the compounding of contraventions related to foreign exchange regulated?

A

Foreign Exchange Management Act (FEMA), 1999.

Q

Who is eligible to apply for compounding of a contravention under FEMA?

A

Any person who has committed a contravention of FEMA 1999, whether an individual, company, or other entity, may voluntarily apply to the RBI or the Enforcement Directorate for compounding.

Q

Which rules govern the procedure for compounding of contraventions under FEMA?

A

FEMA Compounding Rules (Foreign Exchange (Compounding Proceedings) Rules, 2000).

Q

What is the key pre-requisite regarding the nature of the contravention before a compounding application is accepted?

A

The contravention must not involve any proceeds of crime or money laundering, and the applicant must make a voluntary disclosure with a genuine intention to regularise the violation.

Q

What is the meaning of 'compounding' in the context of FEMA 1999?

A

Settling a contravention by paying a sum of money instead of facing prosecution.

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