June 23, 2025

FEMA violations

Current Context: The Reserve Bank of India (RBI) has capped penalties for certain Foreign Exchange Management Act (FEMA) violations at ₹2 lakh, replacing the earlier percentage-based system.

Key Highlights

  • Act: Foreign Exchange Management Act (FEMA), 1999 (replaced Foreign Exchange Regulation Act (FERA), 1973)
  • New Change: Penalty capped at ₹2 lakh for specific FEMA contraventions
  • Earlier System: Penalties ranged from 30% to 0.75% of the violation amount

Violations Covered:

  • Failure to reinvest Liberalised Remittance Scheme (LRS) proceeds within 180 days
  • Delay in completing exports after advance receipts
  • Gifting high-value shares to non-resident relatives without prior RBI approval

Objective:

  • Reduce compliance burden for individuals and corporations
  • Improve ease of doing business
  • Promote a conducive environment for foreign investment
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