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Exchange Control Regulation Exchange control is one of the important devices to control international trade and payments. It aims at equilibrating foreign receipts and payments. Exchange control refers to the control by the Govt. or by the centralized agency of the transactions involving foreign exchange. The meaning of Exchange Control could be well understood with the help of following definitions: Haberler: “Exchange control refers to the state regulation excluding the free play of economic forces in the foreign exchange market.” P.T. Ellsworth: “Exchange control means dealing with the balance of payments difficulties, disregards market forces and substitutes for them the arbitrary decisions of Govt. officials. Import and other international payments are no longer determined by the international price comparisons, but the considerations of national needs.” From the above definitions, it is clear that Exchange Control implies Govt. intervention in the matter of Foreign Exchange and Exchange Rates. Objectives of Exchange Control 1. Conservation of foreign exchange. 2. Prevention of capital flight. 3. Correcting disequilibrium in BOPs. 4. Stabilization of exchange rates. 5. Protecting the interest of home producers. 6. Redemption of exchange debts. 7. Effective economic planning. 8. Maintaining overvalue of home currency. 9. Generating public revenue. 10.Prevent spread of depression.

Exchange Control Regulation

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  • Exchange Control Regulation

    Exchange control is one of the important devices to control international trade and payments. It aims at equilibrating foreign receipts and payments. Exchange control refers to the control by the Govt. or by the centralized agency of the transactions involving foreign exchange. The meaning of Exchange Control could be well understood with the help of following definitions:

    Haberler: Exchange control refers to the state regulation excluding the free play of economic forces in the foreign exchange market.

    P.T. Ellsworth: Exchange control means dealing with the balance of payments difficulties, disregards market forces and substitutes for them the arbitrary decisions of Govt. officials. Import and other international payments are no longer determined by the international price comparisons, but the considerations of national needs.

    From the above definitions, it is clear that Exchange Control implies Govt. intervention in the matter of Foreign Exchange and Exchange Rates.

    Objectives of Exchange Control1. Conservation of foreign exchange.2. Prevention of capital flight.3. Correcting disequilibrium in BOPs.4. Stabilization of exchange rates.5. Protecting the interest of home producers.6. Redemption of exchange debts.7. Effective economic planning.8. Maintaining overvalue of home currency.9. Generating public revenue.10.Prevent spread of depression.

  • Methods of Exchange Control

    Direct MethodIn direct Exchange control, immediate direct restrictions on foreign exchange from all sidesand allocation. The method includes those devices which are adopted by the Govt. to have an effective control over the exchange rates. Icontrol includes following measures:

    1. Intervention- It refers to the Govt. intervention or interference in the free working of the foreign exchange market with a view to overvalue or undervalue the countrys currency in terms of falso known as Pegging Exchange Rate. When Govt. fixes the exchange rate above the normal rate it is known as Pegging Up and on the contrary, when the Govt. fixes it below the normal market rate, it is known as Pegging Down.

    2. Exchange RestrictionsGovt. which restricts or compulsorily reduces the flow of home currency in foreign exchange market. It can be of 3 types:

    Exchange Control

    Direct Method:

    In direct Exchange control, certain measures are adopted which effectuate immediate direct restrictions on foreign exchange from all sides-its quantum, use and allocation. The method includes those devices which are adopted by the Govt. to have an effective control over the exchange rates. In general, direct exchange control includes following measures:

    It refers to the Govt. intervention or interference in the free working of the foreign exchange market with a view to overvalue or undervalue the countrys currency in terms of foreign money. This method is also known as Pegging Exchange Rate. When Govt. fixes the exchange rate above the normal rate it is known as Pegging Up and on the contrary, when the Govt. fixes it below the normal market rate, it is known as

    Exchange Restrictions- It refers to the policy or measures adopted by the Govt. which restricts or compulsorily reduces the flow of home currency in foreign exchange market. It can be of 3 types:-

    measures are adopted which effectuate its quantum, use

    and allocation. The method includes those devices which are adopted by the Govt. n general, direct exchange

    It refers to the Govt. intervention or interference in the free working of the foreign exchange market with a view to overvalue or

    oreign money. This method is also known as Pegging Exchange Rate. When Govt. fixes the exchange rate above the normal rate it is known as Pegging Up and on the contrary, when the Govt. fixes it below the normal market rate, it is known as

    It refers to the policy or measures adopted by the Govt. which restricts or compulsorily reduces the flow of home currency in

  • i. Govt. may centralize all trading in foreign exchange with itself or the centralized authority.

    ii. Govt. may prevent the exchange of local currencies against foreign currencies without its permission.

    iii. Govt. may order all foreign exchange transactions to be made through its agency.

    Exchange restrictions may take various forms, the most common of them being: a) Rationing of Foreign Exchange; b) Blocked A/c & c) Multiple Exchange Rates.

    3. Exchange Clearing Agreement- It is a system of bilateral settlement of mutual claims on international transactions. Under this agreement, 2 countries agree to establish an A/c in their respective Central Bank through which all payments for exports and imports are cleared. Therefore, exchange clearing device is helpful to a country which has little or no foreign exchange reserves and which is more interested in selling than buying.

    4. Payment Agreements- Under this method, 2 countries establish mutual credit facilities where payment to the exporter is made through specially opened Non-Resident A/c for this purpose. Under this scheme, exporter gets payment immediately as the importers Central Bank receives the information that the importer has discharged all his obligations.

    5. Gold Policy- Through a suitable gold policy, the country can bring the desired exchange control. For this, the country may resort to the manipulation of the buying and selling prices of gold which affect the exchange rate of the countrys currency.

    Indirect Method:

    As the name suggests, under this method, control measures do not effectuate immediate direct restriction on foreign exchange.

    Here exchange rates are controlled indirectly by regulating international movement of goods.

  • 1. Changes in Interest Rates: It tends to influence indirectly the foreign exchange rate. A rise in interest rate of a country attracts liquid capital and banking funds of foreigners. This tends to keep their funds in their own country. All this tend to increase the demand of local currency and consequently the exchange rate moves in its favor.

    2. Tariff Duties & Import Quotas: Import duty reduces imports and with it rise the value of home currency relative to foreign currency. Similarly, export duty restricts exports; as a result, the value of home currency falls relative to foreign currency.

    3. Export Bounties: Export bounties or subsidies increase exports, as such the external value of the currency of the subsidy giving country rises.

    Exchange Control Regulation ActForeign exchange control is one of the regulatory role of the Govt. in building its economic environment. The RBI exercises control over foreign exchange transactions in accordance with the general policy laid down by the Union Govt.

    Foreign exchange transactions were regulated in India by the FERA, 1973. This Act also sought to regulate certain aspects of the conduct of business outside the country by Indian Cos. and in India by Foreign Cos.

    The main objective of FERA, framed against the background of severe foreign exchange problem and the controlled economic regime, was conversation and proper utilization of the foreign exchange resources of the country.

    There was a lot of demand for substantial modification of FERA in the light of the ongoing economic liberalization and improving foreign exchange reserves position. Accordingly, a new Act, the FEMA, 1999 replaced the FERA.

    The FEMA came into effect from Jan.1, 2000, which extends to the whole of India and also applies to all branches, office and agencies outside India, owned or controlled by a person.

  • The objectives of FEMA are:

    1. To facilitate external trade and payments.2. To promote the orderly development and maintenance of foreign exchange

    market.

    Main Provisions of FEMA Dealing in Foreign Exchange: FEMA empowers the Central Govt. to

    impose restrictions on dealing in foreign exchange and foreign security and payments to and receipts from any person outside India.

    Holding of Foreign Exchange: Act imposes restrictions on persons resident in India on acquiring, holding or owing forex, foreign security and immovable property abroad on transfer of forex or security abroad.

    Current A/c Transactions: FEMA permits dealing in forex through authorized persons for current A/c transactions.

    Capital A/c Transactions: Any person may sell or draw forex to or from an authorized person for a capital a/c transaction.

    Export of Goods and Services: For the purpose of ensuring that export value of the goods is received without any delay, the RBI may direct any exporter to comply with such requirements as it deems fit.

    Administration of the Act: the rules, regulations and norms pertaining tio several sections of the Act are to be laid down by the RBI, in consultation with the Central Govt.

    Exchange Control Regulation

    Exchange control is one of the important devices to control international trade and payments. It aims at equilibrating foreign receipts and payments. Exchange control refers to the control by the Govt. or by the centralized agency of the transactions involving foreign exchange. The meaning of Exchange Control could be well understood with the help of following definitions:

    Haberler: Exchange control refers to the state regulation excluding the free play of economic forces in the foreign exchange market.

    P.T. Ellsworth: Exchange control means dealing with the balance of payments difficulties, disregards market forces and substitutes for them the arbitrary decisions of Govt. officials. Import and other international payments are no longer determined by the international price comparisons, but the considerations of national needs.

    From the above definitions, it is clear that Exchange Control implies Govt. intervention in the matter of Foreign Exchange and Exchange Rates.

    Objectives of Exchange Control

    1. Conservation of foreign exchange.

    2. Prevention of capital flight.

    3. Correcting disequilibrium in BOPs.

    4. Stabilization of exchange rates.

    5. Protecting the interest of home producers.

    6. Redemption of exchange debts.

    7. Effective economic planning.

    8. Maintaining overvalue of home currency.

    9. Generating public revenue.

    10. Prevent spread of depression.

    Methods of Exchange Control

    Direct Method:

    In direct Exchange control, certain measures are adopted which effectuate immediate direct restrictions on foreign exchange from all sides-its quantum, use and allocation. The method includes those devices which are adopted by the Govt. to have an effective control over the exchange rates. In general, direct exchange control includes following measures:

    1. Intervention- It refers to the Govt. intervention or interference in the free working of the foreign exchange market with a view to overvalue or undervalue the countrys currency in terms of foreign money. This method is also known as Pegging Exchange Rate. When Govt. fixes the exchange rate above the normal rate it is known as Pegging Up and on the contrary, when the Govt. fixes it below the normal market rate, it is known as Pegging Down.

    2. Exchange Restrictions- It refers to the policy or measures adopted by the Govt. which restricts or compulsorily reduces the flow of home currency in foreign exchange market. It can be of 3 types:-

    i. Govt. may centralize all trading in foreign exchange with itself or the centralized authority.

    ii. Govt. may prevent the exchange of local currencies against foreign currencies without its permission.

    iii. Govt. may order all foreign exchange transactions to be made through its agency.

    Exchange restrictions may take various forms, the most common of them being: a) Rationing of Foreign Exchange; b) Blocked A/c & c) Multiple Exchange Rates.

    3. Exchange Clearing Agreement- It is a system of bilateral settlement of mutual claims on international transactions. Under this agreement, 2 countries agree to establish an A/c in their respective Central Bank through which all payments for exports and imports are cleared. Therefore, exchange clearing device is helpful to a country which has little or no foreign exchange reserves and which is more interested in selling than buying.

    4. Payment Agreements- Under this method, 2 countries establish mutual credit facilities where payment to the exporter is made through specially opened Non-Resident A/c for this purpose. Under this scheme, exporter gets payment immediately as the importers Central Bank receives the information that the importer has discharged all his obligations.

    5. Gold Policy- Through a suitable gold policy, the country can bring the desired exchange control. For this, the country may resort to the manipulation of the buying and selling prices of gold which affect the exchange rate of the countrys currency.

    Indirect Method:

    As the name suggests, under this method, control measures do not effectuate immediate direct restriction on foreign exchange.

    Here exchange rates are controlled indirectly by regulating international movement of goods.

    1. Changes in Interest Rates: It tends to influence indirectly the foreign exchange rate. A rise in interest rate of a country attracts liquid capital and banking funds of foreigners. This tends to keep their funds in their own country. All this tend to increase the demand of local currency and consequently the exchange rate moves in its favor.

    2. Tariff Duties & Import Quotas: Import duty reduces imports and with it rise the value of home currency relative to foreign currency. Similarly, export duty restricts exports; as a result, the value of home currency falls relative to foreign currency.

    3. Export Bounties: Export bounties or subsidies increase exports, as such the external value of the currency of the subsidy giving country rises.

    Exchange Control Regulation Act

    Foreign exchange control is one of the regulatory role of the Govt. in building its economic environment. The RBI exercises control over foreign exchange transactions in accordance with the general policy laid down by the Union Govt.

    Foreign exchange transactions were regulated in India by the FERA, 1973. This Act also sought to regulate certain aspects of the conduct of business outside the country by Indian Cos. and in India by Foreign Cos.

    The main objective of FERA, framed against the background of severe foreign exchange problem and the controlled economic regime, was conversation and proper utilization of the foreign exchange resources of the country.

    There was a lot of demand for substantial modification of FERA in the light of the ongoing economic liberalization and improving foreign exchange reserves position. Accordingly, a new Act, the FEMA, 1999 replaced the FERA.

    The FEMA came into effect from Jan.1, 2000, which extends to the whole of India and also applies to all branches, office and agencies outside India, owned or controlled by a person.

    The objectives of FEMA are:

    1. To facilitate external trade and payments.

    2. To promote the orderly development and maintenance of foreign exchange market.

    Main Provisions of FEMA

    Dealing in Foreign Exchange: FEMA empowers the Central Govt. to impose restrictions on dealing in foreign exchange and foreign security and payments to and receipts from any person outside India.

    Holding of Foreign Exchange: Act imposes restrictions on persons resident in India on acquiring, holding or owing forex, foreign security and immovable property abroad on transfer of forex or security abroad.

    Current A/c Transactions: FEMA permits dealing in forex through authorized persons for current A/c transactions.

    Capital A/c Transactions: Any person may sell or draw forex to or from an authorized person for a capital a/c transaction.

    Export of Goods and Services: For the purpose of ensuring that export value of the goods is received without any delay, the RBI may direct any exporter to comply with such requirements as it deems fit.

    Administration of the Act: the rules, regulations and norms pertaining tio several sections of the Act are to be laid down by the RBI, in consultation with the Central Govt.