Risk Management and Inter-bank Dealings: Guidelines relating to participation of Foreign Portfolio Investors (FPIs) in the Exchange Traded Currency Derivatives (ETCD) market - FEMA - 148

RBI/ 2013-14/650 A .P. (DIR Series) Circular No. 148 June 20, 2014 To All Category - I Authorised Dealer banks Madam / Sir, Risk Management and Inter-bank Dealings: Guidelines relating to participation of Foreign Portfolio Investors (FPIs) in the Exchange Traded Currency Derivatives (ETCD) market Attention of Authorized Dealers Category I (AD Category I) banks is invited to 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, the Currency Futures (Reserve Bank) Directions, 2008 dated August 6, 2008 and Exchange Traded Currency Options (Reserve Bank) Directions, 2010 dated July 30, 2010 as amended from time to time and also A.P. (Dir Series) circular No.5 dated August 6, 2008 and circular No.5 dated July 30, 2010 in terms of which only persons resident in India shall participate in the currency futures and exchange traded currency options market in India subject to the terms and conditions mentioned in the aforementioned notifications and guidelines, ibid. 2. It has now been decided to allow foreign portfolio investors (FPIs) eligible to invest in securities as laid down in Schedules 2, 5 , 7 and 8 of the Foreign Exchange Management (Transfer or Issue of Security by a person resident outside India) Regulations, 2000 ( FEMA 20/2000-RB dated May 3, 2000 (GSR 406 (E) dated May 3, 2000) ) as amended from time to time to enter into currency futures or exchange traded currency options contracts subject to the following terms and conditions: FPIs will be allowed access to the currency futures or exchange traded currency options for the purpose of hedging the currency risk arising out of the market value of their exposure to Indian debt and equity securities. Such investors can participate in the currency futures / exchange traded options market through any registered / recognised trading member of the exchange concerned. FPIs can take position both long( bought) as well as short(sold) in foreign currency up to USD 10 million or equivalent per exchange without having to establish existence of any underlying exposure. The limit will be both day-end as well as intra-day. An FPI cannot take a short position beyond USD 10 million at any time and to take a long position beyond USD 10 million in any exchange, it will be required to have an underlying exposure. The onus of ensuring the existence of an underlying exposure shall rest with the FPI concerned. The exchange will, however, be free to impose additional restrictions as prescribed by the Securities and Exchange Board of India (SEBI) for the purpose of risk management and fair trading. The exchange/ clearing corporation will provide FPI wise information on day-end open position as well as intra-day highest position to the respective custodian banks. The custodian banks will aggregate the position of each FPI on the exchanges as well as the OTC contracts booked with them (i.e. the custodian banks) and other AD banks. If the total value of the contracts exceeds the market value of the holdings on any day, the concerned FPI shall be liable to such penal action as may be laid down by the SEBI in this regard and action as may be taken by Reserve Bank of India under the Foreign Exchange Management Act (FEMA), 1999. The designated custodian bank will be required to monitor this and bring transgressions, if any, to the notice of RBI / SEBI. 3. Accordingly, the Notifications No.FED.1 / ED (GP) - 2014 dated June 10, 2014 and No. FED. 2/ ED (GP) 2014 dated June 10, 2014 viz. Currency Futures (Reserve Bank) Amendment Directions, 2014 and Exchange Traded Currency Options (Reserve Bank) Amendment Directions, 2014 amending the Directions notified vide Notification No.FED.1/DG (SG) 2008 dated August 6, 2008 and Notification No. FED.1 / ED (HRK) - 2010 dated July 30, 2010 respectively have been issued. Copies of the Directions are enclosed (Annexes I II). 4. Necessary amendments (Notification No. FEMA 303/2014-RB dated May 21, 2014) to Foreign Exchange Management (Foreign Exchange Derivatives Contracts) Regulations, 2000 ( Notification No. FEMA.25/RB-2000 dated May 3, 2000 ) (Regulations) have been notified in the Official Gazette vide G.S.R. No. 374(E) dated June 2, 2014, a copy of which is also enclosed (Annex III). 5. The above directions have been issued under section 45W of the Reserve Bank of India Act, 1934 and the regulations have been issued under clause (h) of sub-Section (2) of Section 47 of FEMA, 1999 (42 of 1999). 6. This circular has been issued under Sections 10 (4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and is without prejudice to permissions / approvals, if any, required under any other law. Yours faithfully, (C D Srinivasan) Chief General Manager