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A.
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OVERSEAS ASSETS
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Q.1
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Are Returning Indians permitted to retain their
assets abroad even after return to India?
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Ans.
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Effective 17th July,1992, the Central Government has
granted exemption from the surrender requirement to
persons who return to India after a continuous stay
abroad of one year and above in respect of funds/assets
acquired by them abroad otherwise than in contravention
of FERA 1973 or out of foreign exchange earned through
employment, business or vocation outside India taken up
or commenced while they were resident outside India.
persons satisfying the conditions of general exemption
can retain their foreign currency accounts within bank
abroad and/or hold,transfer or dispose of their other
foreign currency assets such as shares,securities or
investments in business, etc. and immovable properties.
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Q. 2
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Are they required to obtain any permission from
Reserve Bank for holding these assets?
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Ans.
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No.
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Q.3
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Do they enjoy any freedom in regard to utilization of
these overseas assets?
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Ans.
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Yes. They would enjoy complete freedom for
utilization of these assets as well as income earned or
sale proceeds received subsequently.
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Q.4
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Can they bring back the overseas assets to India and
hold them with separate identity?
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Ans.
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Yes. They can repatriate these assets to India and
hold them separately in India with authorised dealers
under the Resident Foreign Currency Accounts Scheme (See
Part B Below).
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B
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RESIDENT FOREIGN CURRENCY (RFC) ACCOUNTS SCHEME
ASSETS
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Q. 1
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What is the Resident Foreign Currency (RFC) Account
Scheme?
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Ans.
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This is a Scheme approved by Reserve Bank permitting
persons of Indian nationality or origin, who have
returned to India on or after 18th April 1992 for
permanent settlement (Returning Indians), after being
resident outside India for a continuous period of not
less than one year, to open foreign currency accounts
with banks in India for holding funds brought by them to
India. Persons who have returned to India before 18th
April 1992 can also open RFC account if (a) they are
holding foreign currency assets abroad with Reserve
Bank's permission or (b) they are in receipt of pension
or other monetary benefits from their erstwhile
employers abroad.
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Q. 2
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Is any permission from Reserve Bank required for
opening such accounts with authorized dealers?
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Ans.
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No.
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Q. 3
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In which currencies can RFC accounts be maintained?
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Ans.
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RFC accounts can be maintained in any convertible
currency.
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Q.4
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What funds can be credited to RFC accounts of
Returning Indians?
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Ans.
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The entire amount of foreign exchange brought to
India at the time of their return to India for permanent
settlement as well as the balances standing to the
credit of their NRE and FCNR accounts at the time of
return can be credited to RFC accounts. However, the
foreign exchange brought to India in the form of foreign
currency notes/bank notes/travellers cheques should have
been declared to Customs at the time of arrival on the
Currency Declaration Form( CDF) if it exceeded U.S. $
10,000 or its equivalent. In the case of foreign
currency/bank notes, such a declaration on form CDF is
compulsory if the amount exceeds U.S. $ 2,500 or its
equivalent.
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Q.5
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Can income received from their overseas assets in the
form of dividends etc. or sale proceeds of such assets
be credited to RFC accounts?
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Ans.
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Yes. The entire income from such assets or sale
proceeds of such assets repatriated to India can be
credited to RFC accounts.
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Q.6
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Can pension received by the account holder from
abroad be credited to his RFC account?
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Ans.
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Yes. The entire amount of pension received from
abroad can be credited to his RFC account.
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Q. 7
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NRIs returning to India for permanent settlement were
granted RIFEE facility. Is this facility still
available?
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Ans.
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No.RIFEE facility has been replaced by the RFC
accounts facility.
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Q.8
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Can funds in RFC accounts be remitted abroad?
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Ans.
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Yes. Funds in RFC accounts can be remitted abroad for
any bona fide purpose of the account holder or his
dependents including exchange required for travel and
other personal purposes and investments.
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Q. 9
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Can funds in RFC accounts be utilized for local
payments?
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Ans.
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Yes. Funds in RFC accounts can be withdrawn freely
for local payments in rupees.
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Q.10
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Can a Returning Indian desiring to go abroad again
for employment ,business or vocation transfer his funds
in RFC account to NRE/FCNR account?
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Ans.
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Yes.
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Q. 11
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Can persons who have returned to India after a short
assignment of less than one year open RFC accounts?
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Ans.
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Their applications for opening such accounts would be
considered by Reserve Bank. Persons who have gone abroad
for studies, training ,etc. are, however, not eligible
for this facility.
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