Update under RBI as on 21, January, 2019.

I]  RBI announces the New External Commercial Borrowings (ECB) Framework

As part of the on-going efforts at rationalising multiple regulations framed under FEMA 1999 over a period of time, the regulations governing all types of borrowing and lending transactions between a person resident in India and a person resident outside India, both in foreign currency and Indian Rupee, have been consolidated and the Revised Regulation FEMA 3 R/2018 has been notified by the Government of India on December 17, 2018.

In line with the above revised regulation, it has now been decided, in consultation with the Government of India, to rationalise the extant framework for ECB and Rupee denominated bonds to further improve the ease of doing business. An A. P. (DIR Series) Circular on the new ECB policy has been issued today incorporating the new framework. Major liberalisation/rationalisation in the new framework are as under:

1. Tracks I and II under the existing framework are merged as “Foreign Currency denominated ECB” and Track III and Rupee Denominated Bonds framework are combined as “Rupee Denominated ECB” to replace the current four-tiered structure. The framework is instrument-neutral.
2. The list of eligible borrowers has been expanded. All entities eligible to receive foreign direct investment can borrow under the ECB framework.

iii.        Any entity who is a resident of a country which is FATF or IOSCO compliant will be treated as a recognised lender. This change increases the lending options and allows various new lenders in ECB space while strengthening the AML/CFT framework.

1. The minimum average maturity period (MAMP) has been kept at 3 years for all ECBs, irrespective of the amount of borrowing in lieu of various layers of MAMPs as at present, except the borrowers specifically permitted in the circular to borrow for a shorter period.
2. All eligible borrowers can now raise ECBs up to USD 750 million or equivalent per financial year under the automatic route replacing the existing sector wise limits.
3. Introduction of late submission fee for delay in prescribed reporting under the ECB framework to obviate the need for compounding these contraventions.

II]  RBI releases guidelines on Tokenisation – Card Transactions

The Reserve Bank has today released guidelines on tokenisation for debit / credit / prepaid card transactions as a part of its continuous endeavour to enhance the safety and security of the payment systems in the country. Tokenisation involves a process in which a unique token masks sensitive card details. Thereafter, in lieu of actual card details, this token is used to perform card transactions in contactless mode at Point Of Sale (POS) terminals, Quick Response(QR) code payments, etc.

These guidelines permit authorised card payment networks to offer card tokenisation services to any token requestor (third party app provider), subject to conditions enumerated in these guidelines. A card holder may avail of these services by registering the card on the token requestor’s app after giving explicit consent. No charges shall be recovered from the customer for availing this service.

All extant instructions of Reserve Bank on safety and security of card transactions, including mandate for Additional Factor of Authentication (AFA) / PIN entry shall be applicable for tokenised card transactions also.

III]  RBI releases guidelines on restructuring of advances to MSMEs

Micro, Small and Medium Enterprises (MSMEs) form an important component of the Indian economy and contribute significantly to the country’s GDP, exports, industrial output, employment generation, etc. Considering the importance of MSMEs in the Indian economy, it is considered necessary at this juncture to take certain measures for creating an enabling environment for the sector.

The issue of restructuring of MSME accounts was discussed in the meeting of the Central Board of RBI on November 19, 2018. The matter was also discussed during RBI’s recent interactions with the banks and other stakeholders.

The above issue has been examined in RBI and a view has been taken to facilitate meaningful restructuring of MSME accounts that have become stressed. RBI has decided to permit a one-time restructuring of existing loans to MSMEs that are in default but ‘standard’ as on January 1, 2019, without an asset classification downgrade. To be eligible for the scheme, the aggregate exposure, including non-fund based facilities of banks and NBFCs, to a borrower should not exceed ₹250 million as on January 1, 2019. The restructuring has to be implemented by March 31, 2020. A provision of 5% in addition to the provisions already held, shall be made in respect of accounts restructured under this scheme. Each bank/NBFC should formulate a policy for this scheme with Board approval which shall, inter alia, include framework for viability assessment of the stressed accounts and regular monitoring of the restructured accounts.

IV]  Sovereign Gold Bond 2018-19 Series-V-Issue Price

In terms of GoI notification F.No.4(22)-W&M/2018 and RBI circular IDMD.CDD.No.821/14.04.050/2018-19 dated October 08, 2018, the Sovereign Gold Bond Scheme 2018-19 – Series V will be opened for subscription for the period from January 14, 2019 to January 18, 2019. The nominal value of the bond based on the simple average closing price [published by the India Bullion and Jewellers Association Ltd (IBJA)] for gold of 999 purity of the last three business days of the week preceding the subscription period, i.e. January 09-January 11, 2019 works out to ₹ 3,214/- (Rupees Three Thousand Two Hundred Fourteen only) per gram.

Government of India, in consultation with the Reserve Bank of India, has decided to offer a discount of ₹ 50 per gram less than the nominal value to those investors applying online and the payment against the application is made through digital mode. For such investors, the issue price of Gold Bond will be ₹ 3,164/- (Rupees Three Thousand One Hundred Sixty Four only) per gram of gold.