1. Trade Policy Reforms

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    Trade policy reforms over since 1991

    have aimed at creating an environment for

    achieving rapid increase in exports, raising

    Indias share in world exports and making

    economic growth.

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    The focus of these reforms have been on

    liberalization, openness, transparency and

    globalization with a basic thrust on outwardorientation focusing on export promotion

    restrictions and improving competitiveness

    of Indian industry to meet global market

    requirements.

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    Reforms in industrial and trade policy were a

    central focus of much of Indias reform effort

    in the early stages.

    Industrial policy prior to the reforms was

    characterized by multiple controls over

    private investment which limited the areas inwhich private investors were allowed to

    operate, and often also determined the scale

    of operations, the location of new investment,and even the technology to be used

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    Trade policy reform has made progress, though

    the pace has been slower than in industrial

    liberalization. Before the reforms, trade policy

    was characterized by high tariffs and pervasive

    .

    consumer goods were completely banned.

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    For capital goods, raw materials and

    intermediates, certain lists of goods were freely

    importable, but for most items where domestic

    substitutes were being produced, imports wereonly possible with import licenses.

    The criteria for issue of licenses werenontransparent, delays were endemic and

    corruption unavoidable. The economic reforms

    sought to phase out import licensing and alsoto reduce import duties.

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    Import licensing

    was abolished relatively early for capital goods and

    intermediates which became freely importable in

    1993, simultaneously with the switch to a flexibleexchange rate regime. Import licensing had been

    traditionally defended on the grounds that it was

    necessary to manage the balance of payments, butthe shift to a flexible exchange rate enabled the

    government to argue that any balance of payments

    impact would be effectively dealt with through

    exchange rate flexibility.

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    Removing quantitative restrictions on imports

    of capital goods and intermediates wasrelatively easy, because the number of

    domestic producers was small and Indian

    industry welcomed the move as making itmore competitive.

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    Tariff protection

    Progress in reducing tariff protection, the

    second element in the trade strategy, has alsotaken place.

    The peak duty rate was reduced and a numberof duty rates at the higher end of the existing

    structure were lowered, while many low end

    duties were raised to 5 percent.

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    Although Indias tariff levels aresignificantly lower than in 1991, they

    remain on the higher side because most

    other developing countries have also

    reduced tariffs in this period.

    The weighted average import duty in China

    and southeast Asia is currently about half

    the Indian level.

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    Foreign Direct Investment

    Liberalizing foreign direct investment was another

    important part of Indias reforms, driven by the

    belief that this would increase the total volume ofinvestment in the economy, improve production

    technology, and increase access to world markets.

    Now100 percent foreign ownership in a large

    number of industries and majority ownership in all

    except banks, insurance companies,

    telecommunications and airlines is allowed.

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    Procedures for obtaining permission were

    greatly simplified by listing industries that areeligible for automatic approval up to specified

    levels of foreign equity (100 percent, 74

    percent and 51 percent).

    Potential forei n investors investin within

    these limits only need to register with the RBI.For investments in other industries, or for a

    higher share of equity than is automatically

    permitted in listed industries, applications areconsidered by a Foreign Investment

    Promotion Board that has established a track

    record of speedy decisions.

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    FERA TO FEMA

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    Why was it necessary to replace FERA by

    FEMA? How different is FEMA from FERA?

    Is it merely change of one word, from"Regulation" to "Management"? How

    does the chan e from FERA to FEMA

    affect common citizens such as you, who

    are Indian residents not engaged in

    imports or exports?

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    To understand the difference, one needs to

    understand the underlying principles of

    FERA. FERA was introduced at a time whenforeign exchange (forex) reserves of the

    country were low, forex being a scarce

    commodity.

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    FERA therefore proceeded on thepresumption that all foreign exchange

    earned by Indian residents rightfully

    belonged to the Government of India and

    had to be collected and surrendered to the

    v n n x u y.regulated not only transactions in forex, but

    also all financial transactions with non-

    residents. FERA primarily prohibited alltransactions, except to the extent permitted

    by general or specific permission by RBI.

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    Violation of FERA was a criminal offence. If youhad ever visited a relative abroad, or had non-

    resident relatives visiting you, the chances are

    high that you had also violated FERA. In suchcases, it is highly likely that your relatives may

    have iven ou or our visitin famil members

    some small gift in forex, which you spent onbuying some small article which you wanted to

    bring back. Or you may have spent some money

    on hospitality towards your non-resident relatives

    visiting you. Strictly, speaking, till the 1990's,

    these were FERA violations.

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    Fortunately, with the winds ofliberalization blowing in the early 1990's,

    the Government relaxed many of the

    rigours of FERA by issuing notifications.Forex reserves swelled, the rupee was

    made convertible on current account.

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    In this liberal atmosphere, the governmentrealized that possession of forex could no longer

    be regarded as a crime, but was an economic

    offence, for which the more appropriate

    punishment was a penaly. Thus, the need of

    .

    FERA and FEMA therefore lies in the fact that

    offences under FEMA are not regarded as

    criminal offences and only invite penalties, notprosecution and imprisonment.

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    FEMA now codifies in the legislation and rulesitself various transactions, which had been

    permitted by notification under FERA. Under

    FEMA, all current account transactions in forex

    (such as expenses, which are not for capital

    Central Government notifies. However, so far as

    capital account transactions are concerned, all

    capital account transactions in forex areprohibited, except to the extent as may be

    notified by RBI.

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    FEMA now codifies in the legislation and rules

    itself various transactions, which had been

    permitted by notification under FERA. Under

    FEMA, all current account transactions in forex(such as expenses, which are not for capital

    purposes) are permitted, except to the extent

    that the Central Government notifies. However,so far as capital account transactions are

    concerned, all capital account transactions in

    forex are prohibited, except to the extent as maybe notified by RBI.

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    CAPITAL AND CURRENT ACCOUNT CONVERTIBILITY (CAC)

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    Capital account convertibility is a feature of a

    nation's financial regime that centers on the

    ability to conduct transactions of local financial

    assets into foreign financial assets freely and atmarket determined exchange rates.

    It is sometimes referred to as CAC.

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    CAC was first coined as a theory by the RBI in

    1997 by the Tarapore Committee, in an effort tofind fiscal and economic policies that would

    enable developing Third World countries

    transition to globalized market economies.However, it had been practiced, although

    without formal thought or organization of policy

    or restriction, since the very early 90's. ArticleVIII of the IMFs Articles of Agreement is agreed

    by most economists to have been the basis for

    CAC, although it notably failed to anticipateproblems with the concept in regard to outflows

    of currency.

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    WHAT IS CURRENT AND CAPITAL ACCOUNT?

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    In an open economy, we buy from abroad (Import)and we sell to abroad. (export)

    Similarly Indians invest abroad, foreigners investin India.

    So lot of mone incomin and out oin .

    Current and Capital accounts are nothing butmethod of classifying that incoming and outgoing

    money.

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    As you know, Balance of Payment (bop)= Import Export.

    This BoP is calculated under two heads:

    Current Account and Capital Account.

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    CURRENT AND CAPITAL ACCOUNT

    CONVERTIBILITY

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    Convertibility = converting one currency into

    another. Like rupee to dollar, yen topoundanything.

    Since money is incoming and outgoing. People

    will need to convert the money into different

    currencies based on their requirements.

    e c ass e e ncom ng an ou go ng

    money into Current and Capital account.

    Similarly we classify the procedure involved inconverting that money. In brief

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    which is reversible & why?

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    Current account =Money sent and received

    during import and export

    You sold something (exported) and received

    ,

    (until you spend it on something else!) So

    Current account is permanent and

    irreversible.

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    Capital account = Money sent and receivedduring investment and borrowing.

    Suppose Japanese guy buys factory in India(capital account), sells it after 5 years and takes

    c e ey.

    So Capital account inflow is NOT PERMANENT

    and hence reversible (because he took back themoney he invested in India).

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    PRO AND CONS

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    ARGUMENT IN FAVOR OF FULL CAPITALACCOUNT CONVERTIBILITY

    It facilitates foreign investments and borrowing.So competition is increased = more factories =

    = good for economy.

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    ARGUMENTS AGAINST OF FULL CAPITAL

    ACCOUNT CONVERTIBILITY

    Local producers have to compete withInternational giants. So they lose market and

    customers

    (

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    Counter-argument#1: Business is about

    survival of the fittest, so perform or perish, noneed to get sentimental about Swadeshi.

    Why should consumer pay for not-so-good

    yet expensive domestic quality, if a foreigner

    is offering better stuff at cheaper price?

    Counter argument#2: If a few Indians lose

    the customers, many more Indians get jobsin those new factories started by foreigners.

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    What if foreigners buy lot of factories in

    India and suddenly they find that investing

    money in France is better than in India.

    So they immediately sell all those factories,

    et their Ru ees converted into Euro and run

    away! Thatll lead to huge job loss andcollapse in Indian economy

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    (Counter argument#1: Its a two way street: if

    Foreigners can do that, Indians can also do it while

    investing abroad.

    (Counter argument#2: Sudden outflow of money

    happens only when governing institutions have weak

    foundations and policies. [e.g. when Govt. is busyfirefighting Sugar-Onion prices without any long-term

    vision, it makes cronies get involved in speculative

    business.If every country has sound economicpolicies, then itll be attractive to invest in every

    country.

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    Then there will be no sudden outflow or inflow

    of money in any country and hence no-one will

    be misusing the full capital account

    convertibility.

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    On which account does the

    eye?

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    There is no this or that answer.

    Government needs to keep an eye on

    both accounts to make changes intrade policies, tax rates etc.

    But since Capital account inflows come

    with a risk (of sudden outflow

    collapsing the economy), soGovernment should keep a closer eye

    on Capital account.