The Reserve Bank of India (“RBI”) in exercise of powers conferred under Section 47 of the Foreign Exchange Management Act, 1999, vide Circular No. FEMA 14(R)(1)/2025-RB[1] dated February 10, 2025, issued the Foreign Exchange Management (Manner of Receipt and Payment) (Amendment) Regulations, 2025 (the “Amended Regulations”). The Amended Regulations modify the Foreign Exchange Management (Manner of Receipt and Payment) Regulations, 2023 (the “Principal Regulations”).
Regulation 3(2)(I)(a)(ii) pertains to the payments between residents of Asian Clearing Union (“ACU”) member countries, now stands revised through the Amended Regulations. The new provision specifies:
- Payments between residents of ACU member countries, excluding Nepal and Bhutan, may now be made through the ACU mechanism or as per the directions issued by the RBI to authorized dealers, from time to time.
- For all other transactions, receipts and payments shall be made in the manner specified under item (iii) of the same Regulation 3(2)(I)(a).
Whereas, prior to the amendment, the Principal Regulations provided that the payments to and from countries which are not part of the ACU were to be made in Indian Rupees or any foreign currency. Additionally, the receipts and payments were also allowed, as per the provisions of the Foreign Trade Policy framed by the Central Government.
The Amended Regulations aim to clarify that transactions between residents of ACU member countries, other than Nepal and Bhutan may now be processed through the ACU mechanism, in line with the RBI’s directions. This change aims to streamline payment processes for such transactions and ensure consistency with the RBI’s guidelines, while continuing to allow payments in Indian Rupees or foreign currency for other international transactions.
[1] https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12779&Mode=0