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FERA Full Form – Foreign Exchange Regulation Act, Objectives, Purpose & Features

Ananya Gupta September 12, 2023 03:30 8624 0

Full form of FERA is Foreign Exchange Regulation Act. FERA was an Indian legislation enacted in 1973 to regulate foreign exchange transactions and conserve the country's foreign currency resources. It aimed to prevent unauthorized foreign currency activities and ensure the proper utilization of foreign exchange reserves.

FERA Full Form – Foreign Exchange Regulation Act, Objectives, Purpose & Features

FERA Full Form

The full form of FERA is “Foreign Exchange Regulation Act”. FERA was enacted in India in 1973 to regulate foreign exchange transactions and related matters. It was implemented as a response to concerns about the outflow of foreign exchange reserves, which were deemed essential for the country’s economic stability and growth. The act aimed to curb unauthorized foreign exchange transactions, prevent capital flight, and ensure proper utilization of foreign exchange resources.

Under FERA, various aspects of foreign exchange transactions were tightly controlled and regulated. This included the acquisition and holding of foreign currency, securities, and immovable property outside India. The act also defined the distinction between “residents” and “non-residents” based on the duration of their stay in India and applied different rules to these categories.

Foreign Exchange Regulation Act 

The Foreign Exchange Regulation Act (FERA) was an Indian law that regulated foreign exchange and certain foreign transactions in India. It was enacted in 1973 to control and manage foreign exchange dealings and preserve the country’s foreign exchange reserves. FERA aimed to prevent unauthorized transactions involving foreign currency and to ensure that the foreign exchange resources of India were utilized effectively.

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FERA Full Form
FERA Full Form in English Foreign Exchange Regulation Act
FERA Full Form in Hindi 1973
Year of Enactment 1973
Year of Repeal 1998
Focus Regulation of foreign exchange transactions
Enforcement Authority Reserve Bank of India (RBI)
Purpose Conservation of foreign exchange resources

Objectives FERA

The Foreign Exchange Regulation Act (FERA) had several key objectives, primarily aimed at regulating and controlling foreign exchange transactions in India. Some of the main objectives of FERA were as follows:

  1. Preservation of Foreign Exchange Reserves: One of the primary goals of FERA was to ensure the conservation and effective utilization of India’s foreign exchange reserves. By regulating and controlling the flow of foreign currency, the government aimed to prevent excessive outflows and maintain the stability of the country’s external financial position.
  2. Prevention of Unauthorized Transactions: FERA aimed to prevent unauthorized foreign exchange transactions and dealings. It sought to curb activities that could lead to the evasion of taxes, illegal capital flight, and other forms of financial misconduct that could potentially harm the country’s economic interests.
  3. Control over Foreign Investments: The act provided a framework for regulating foreign investments, including investments in foreign securities and the acquisition of foreign assets. FERA aimed to ensure that foreign investments were made in compliance with the law and in a manner that aligned with the country’s economic priorities.
  4. Management of Exchange Rates: FERA allowed the government to manage and control exchange rates to prevent undue fluctuations and maintain monetary stability. This was particularly important in a scenario where rapid changes in exchange rates could impact trade balances and the overall economy.
  5. Promotion of Legal Trade: By regulating foreign exchange transactions, FERA aimed to facilitate legal international trade. This included the import and export of goods and services, as well as payments related to international trade transactions.
  6. Monitoring of Foreign Currency Transactions: FERA established a system of authorized dealers, typically banks, who acted as intermediaries in foreign exchange transactions. This allowed for better monitoring of foreign currency transactions and helped ensure compliance with the law.
  7. Enforcement and Penalties: FERA introduced stringent penalties for violations of its provisions. This was intended to deter individuals and entities from engaging in unauthorized foreign exchange transactions or other related offenses. The enforcement mechanism, including the establishment of the Enforcement Directorate, was a significant part of the act’s objectives.
  8. Preservation of Economic Sovereignty: FERA aimed to safeguard India’s economic sovereignty by regulating the flow of foreign currency and preventing undue foreign influence over the country’s economic activities.

FERA’s Most Important Features

The Foreign Exchange Regulation Act (FERA) had several important features that defined its regulatory framework and impact on foreign exchange transactions in India. Some of the most significant features of FERA included:

  1. RBI Permission for Dealing in Foreign Exchange: FERA required individuals and corporations to obtain permission from the Reserve Bank of India (RBI) to engage in foreign exchange transactions. This ensured that foreign exchange dealings were conducted within a regulated framework.
  2. Review and Cancellation by RBI: While the RBI granted permission for foreign exchange transactions, it also retained the authority to review and cancel these permissions if there was non-compliance with the regulations.
  3. Money Changers and Currency Conversion: FERA allowed money changers to convert currencies at rates set by the RBI. This helped in facilitating legitimate currency conversion for individuals and businesses.
  4. Import/Export Restrictions on Currencies: The act imposed restrictions on the import and export of currencies. This was to control the flow of foreign currency and prevent undue pressure on the country’s foreign exchange reserves.
  5. Prohibition for Non-Authorized Dealers: Only authorized dealers, often banks, were permitted to engage in financial currency transactions. This restriction aimed to prevent unauthorized or black-market foreign exchange activities.
  6. Bearer Securities Restrictions: The issuance of bearer securities, which are securities that are owned by whoever holds them, was subject to several restrictions. This was to prevent illegal or unauthorized movement of assets across borders.
  7. Restrictions on Owning Immovable Assets Abroad: FERA placed limitations on Indian residents owning or acquiring immovable assets outside India. This was to prevent the misuse of foreign exchange for speculative or non-productive purposes.
  8. Payment Restrictions for Non-Indian Residents: The act imposed regulations on sending and receiving money to/from non-residents of India. This was to ensure that these transactions were conducted through proper channels and in accordance with the law.
  9. RBI’s Authority for Information and Confiscation: FERA granted the RBI the authority to demand information and seize documents whenever required, irrespective of the location. This empowered authorities to investigate and enforce the provisions of the act effectively.

FEMA and FERA Full Form

Here are the full forms of both terms:

  1. FERA: Foreign Exchange Regulation Act
  2. FEMA: Foreign Exchange Management Act

What is Foreign Exchange Regulation Act (FERA)?

The Foreign Exchange Regulation Act (FERA) was an Indian legislation established in 1973 with the primary aim of controlling and overseeing foreign exchange transactions within the country. Its central objective was to regulate and safeguard India’s foreign exchange resources, ensuring their prudent utilization and preventing misuse. FERA addressed concerns regarding unauthorized foreign currency transactions, illegal transfers of funds abroad, and activities like smuggling. It bestowed the Reserve Bank of India (RBI) with the authority to monitor and manage various aspects of foreign exchange, such as currency conversions, acquisitions of foreign assets, and transactions with non-residents. FERA was characterized by its rigorous enforcement mechanisms, including substantial penalties, imprisonment, and asset confiscation in cases of non-compliance. While it played a crucial role in managing India’s foreign exchange landscape for several years, FERA eventually underwent a transformation in response to changing economic realities. In 2000, it was succeeded by the Foreign Exchange Management Act (FEMA), which introduced a more modern and market-friendly approach to foreign exchange regulations, aligning with India’s evolving economic priorities.

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What is Foreign Exchange Management Act (FEMA)?

The Foreign Exchange Management Act (FEMA) is a significant Indian legislation introduced in 1999 to replace the Foreign Exchange Regulation Act (FERA). FEMA represents a comprehensive framework governing foreign exchange transactions, trade, investments, and related activities in India. Its primary purpose is to facilitate a more liberalized and market-oriented approach to foreign exchange regulations while still maintaining essential controls to prevent illegal activities and misuse of foreign exchange resources. FEMA streamlined and simplified procedures for foreign exchange transactions, encouraging smoother cross-border trade and investments. It provided greater autonomy to individuals and businesses in managing their foreign exchange dealings, aligning with the country’s evolving economic landscape and the global trend towards economic liberalization. Under FEMA, the Reserve Bank of India (RBI) retained its regulatory authority, ensuring the stability of India’s external trade and balance of payments, while also promoting the ease of doing business and fostering a more open environment for international transactions.

Difference Between FERA and FEMA

The Foreign Exchange Regulation Act (FERA) and the Foreign Exchange Management Act (FEMA) are two distinct Indian laws that govern foreign exchange transactions and related matters. Here’s a comparison highlighting the key differences between the two:

1. Time of Enactment:

  • FERA: Enacted in 1973.
  • FEMA: Enacted in 1999.

2. Objective:

  • FERA: Primarily focused on regulating and controlling foreign exchange transactions to conserve foreign currency resources and prevent unauthorized activities.
  • FEMA: Aims to promote a more liberalized and market-friendly approach to foreign exchange regulations while still maintaining essential controls to prevent illegal activities.

3. Approach:

  • FERA: Had a more restrictive and controlling approach, with stringent penalties for violations.
  • FEMA: Embraces a more liberal and market-oriented approach, encouraging easier cross-border transactions and investments.

4. Regulatory Authority:

  • FERA: Reserve Bank of India (RBI) had authority to regulate and control foreign exchange transactions.
  • FEMA: RBI retains regulatory authority, but the act also delegates certain powers to authorized dealers, promoting a more decentralized system.

5. Foreign Investment:

  • FERA: Imposed strict controls on foreign investments, subject to government approval.
  • FEMA: Facilitates foreign investments by allowing automatic approval for many sectors, promoting ease of doing business.

6. Authorized Dealers:

  • FERA: Authorized dealers played a role, but the government had more centralized control.
  • FEMA: Authorized dealers play a more significant role in conducting foreign exchange transactions, enhancing efficiency.

7. Residential Status:

  • FERA: Classified individuals as “residents” and “non-residents” based on their stay in India, with different rules for each category.
  • FEMA: Retains the concept of “residents” and “non-residents,” but foreign exchange transactions for residents are more flexible under FEMA.

8. Penalties and Enforcement:

  • FERA: Imposed strict penalties, including fines, asset confiscation, and imprisonment.
  • FEMA: Penalties are more moderate, and enforcement focuses on compliance rather than stringent punishments.

9. Documentation and Procedures:

  • FERA: Procedures were often complex, requiring extensive documentation and approvals.
  • FEMA: Aims for streamlined procedures, reducing paperwork and promoting efficiency.

10. Bearer Securities:

  • FERA: Imposed restrictions on the issuance of bearer securities.
  • FEMA: Relaxes restrictions on bearer securities, aligning with a more market-oriented approach.

11. Globalization and Liberalization:

  • FERA: Predominantly functioned in a controlled economic environment.
  • FEMA: Reflects the shift towards globalization and economic liberalization.

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FERA Full Form in Hindi

FERA का पूरा नाम “विदेशी मुद्रा विनियमन अधिनियम” है, और यह एक भारतीय कानून था जो 1973 में पारित हुआ था। इसे विदेशी मुद्रा संदेशों और विशिष्ट विदेशी लेन-देनों को विनियमित करने के लिए बनाया गया था। इसका मुख्य उद्देश्य विदेशी मुद्रा संसाधनों की संरक्षणा करना और विदेशी मुद्रा के गलत प्रयोग या अनधिकृत गतिविधियों को रोकना था।

Foreign Exchange Regulation Act FAQs

FERA stands for the Foreign Exchange Regulation Act. It was an Indian legislation enacted in 1973 to regulate foreign exchange transactions and conserve the country's foreign currency resources.

The main objective of FERA was to regulate and control foreign exchange transactions to prevent unauthorized activities involving foreign currency, conserve foreign exchange reserves, and ensure their proper utilization.

FERA was repealed in 1998 and replaced by the Foreign Exchange Management Act (FEMA) in 1999. FEMA introduced a more liberalized and market-friendly approach to foreign exchange regulations while still maintaining essential controls.

FERA imposed strict controls on foreign investments, often requiring government approval. This approach was replaced by FEMA, which introduced automatic approval for many sectors to encourage foreign investments.

Under FERA, the RBI had the authority to regulate, control, and monitor various aspects of foreign exchange transactions. It designated authorized dealers, often banks, to facilitate and oversee foreign exchange transactions.
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