Tuesday, January 22, 2013

Notification No. 05/2013-Customs (N.T.)


[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3, SUB-SECTION (ii), EXTRAORDINARY]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS

Notification No. 05/2013-Customs (N.T.)

DATED THE 17thJanuary, 2013
27 Pausa, 1934(SAKA)

            S.O.  (E). – In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.1/2013-CUSTOMS (N.T.), dated the 3rd January, 2013 vide number S.O.37(E), dated the 3rd January, 2013, except as respects things done or omitted to be done before such super session, the Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and  Schedule II annexed hereto into Indian currency or vice versashall, with effect from 18thJanuary, 2013 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.


SCHEDULE-I

S.No.
Foreign Currency
Rate of exchange of one unit of foreign currency equivalent to Indian rupees
(1)    
(2)
(3)


               (a)
                (b)


(For Imported Goods)
  (For Export Goods)
1.
Australian Dollar
58.55
57.10
2.
Bahrain Dinar
149.50
141.10
3.
Canadian Dollar               
56.35
54.80
4.
Danish Kroner
9.90
9.60
5.
EURO
73.60
71.75
6.
Hong Kong Dollar
7.15
7.00
7.
Kenya Shilling
65.00
61.30
8.
Kuwait Dinar
200.45
188.55
9.
New Zealand Dollar
46.70
45.45
10.
Norwegian Kroner
10.00
9.65
11.
Pound Sterling
89.05
86.95
12.
Singapore Dollar
45.30
44.10
13.
South African Rand
6.40
6.00
14.
Saudi Arabian Riyal
15.05
14.20
15.
Swedish Kroner
8.55
8.30
16.
Swiss Franc
59.55
58.05
17.
UAE Dirham
15.35
14.50
18.
US Dollar
55.25
54.25







 SCHEDULE-II
                       
S.No.
Foreign Currency
Rate of exchange of 100 units of foreign currency equivalent to Indian rupees
(1)    
(2)
(3)


(a)
(b)


(For Imported Goods)
  (For Export Goods)
1.
Japanese Yen
63.00
             61.30







[F.No.468/01/2013-Cus.V]

(ABHINAV GUPTA)
UNDER SECRETARY TO THE GOVT. OF INDIA
TELE: 2309 4610

bullet RBI/2012-13/382 DPSS.CO.PD.No.1207/02.10.002/ 2012-2013, Dated: January 17, 2013



RBI/2012-13/382 

DPSS.CO.PD.No. 1207 / 02.10.002 / 2012-2013 January 17, 2013

The Chairman and Managing Director / Chief Executive Officers
All Scheduled Commercial Banks including RRBs /
Urban Co –operative Banks / State Co-operative Banks /
District Central Co-operative Banks

Madam / Dear Sir

Declines in ATM transactions – reporting of
Please refer to our circular DPSS.No. 101/02.10.02/2009-2010, dated July 17, 2009 on the subject in terms of which banks are required to place a quarterly review of ATM transactions to its Board of Directors, indicating, inter alia, the quantum of penalties paid, reasons thereof and the action taken to avoid recurrence of such instances.


2. In addition to the above, banks are advised to simultaneously place a quarterly review of ATM transactions to its Board of Directors, indicating, inter alia, the denial of services to the customers at ATM sites (broadly in the enclosed format), reasons thereof and the action taken to avoid recurrence of such instances. Banks are also advised to forward a copy of the report along with the observations of the Board to the Chief General Manager, Reserve Bank of India, Department of Payment & Settlement Systems, Mumbai.

3. The directive is issued under section 18 of Payment and Settlement Systems Act 2007, (Act 51 of 2007). Non-adherence to the provisions of this circular shall attract penalty as prescribed under the Payment and Settlement Systems Act 2007 (Act 51 of 2007).

4. Please arrange to place a copy of this circular before the Board.

5. Kindly acknowledge receipt.

Yours faithfully,
(Vijay Chugh)
Chief General Manager
Enclosures: 2
Bank:
Denial of service at ATMs for the quarter ended ….
Month
No. of ATMs
ATM transactions Approved
ATM transactions Declined
Total Declines (4+5)
Business Decline* % (4/6*100)
Technical Decline* % (5/6*100)



Business Decline
Technical Decline



(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
M1
M2
M3
Total
*Indicative list of declines.

Indicative list of ATM declines

Serial No.
Description
Decline type
1.
Invalid transaction
Business
2.
Card not on file
Business
3.
Expired card
Business
4.
Invalid PIN
Business
5.
Invalid amount field
Business
6.
Invalid response code
Technical
7.
Processor down
Technical
8.
Invalid card number
Business
9.
Module processing error
Technical
10.
Excessive PIN tries
Business
11.
Invalid account
Business
12.
Exceed withdrawal limit
Business
13.
Exceeded number of tries
Business
14.
Invalid message
Technical
15.
Key sync error
Technical
16.
Lost or stolen card
Business
17.
Restricted use
Business
18.
Do not honour
Business
19.
Exceeds funds available
Business
20.
Customer cancel
Business
21.
Full reversal
Technical
22.
Invalid transaction for the card
Business
23.
Hardware fault
Technical
24.
General denial
Business
25.
Unable to process
Technical
26.
Unable to process reversal
Technical
27.
Unable to process Store and Forward
Technical
28.
Suspected fraud
Business
29.
Timeout
Technical
30.
Invalid debit account
Business
31.
Invalid credit account
Business
32.
No routing for institution/network
Technical
33.
Restricted card
Business

RBI/2012-13/383 A.P. (DIR Series) Circular No. 76, Dated: January 17, 2013

RESERVE BANK OF INDIA
Foreign Exchange Department
Central Office
Mumbai - 400 001


RBI/2012-13/383 A.P. (DIR Series) Circular No. 76 January 17, 2013


To
All Category - I Authorised Dealer Banks

Madam /Sir,

Reporting under Foreign Exchange Management Act, 1999 (FEMA)
In terms of Section 11 (2) of FEMA, 1999, the Reserve Bank may, for the purpose of ensuring the compliance with the provisions of the Act or of any rule, regulation, notification, direction or order made thereunder, direct any authorized person to furnish such information, in such manner, as it deems fit. Accordingly, RBI has entrusted to the Authorised Dealers (ADs) the responsibility of complying with the prescribed rules/ regulations for the foreign exchange transactions and reporting the same as per the directions issued from time to time.


2. During the compounding process, on a number of occasions, it has been brought to our notice by the applicants that the contraventions of the provisions of FEMA by corporates and individuals are due to the acts of omission and commission of the Authorised Dealers and some of the applicants have also produced documentary evidence in support of their claim. Such contraventions being dealt with by the Reserve Bank mainly relate to:
i. Draw down of External Commercial Borrowing (ECB) without obtaining Loan Registration Number (LRN) [Regulations 3 and 6 of FEMA 3/2000];
ii. Allowing draw down of ECB under the automatic route from unrecognised lender, to ineligible borrower, for non-permitted end uses, etc. [Regulations 3 and 6 of FEMA 3/2000];
iii. Non-filing of form ODI for obtaining UIN before making the second remittance to overseas WOS/JV for Overseas Direct Investment (ODI) [Regulation 6(2)(vi) of FEMA 120/2004];
iv. Non-submission of Annual Performance Reports (APRs) / copies of Share Certificates to the AD (and non-reporting thereof by the AD to Reserve Bank) in respect of overseas investments [Regulation 15 of FEMA 120/2004];
v. Delay in submission of the Advance Reporting Format in respect of Foreign Direct Investment (FDI) to the concerned Regional Office of the Reserve Bank [paragraph 9 (1) (A) of Schedule I to FEMA 20/2000];
vi. Delay in filing of details after issue of eligible instruments under FDI within 30 days in form FC-GPR to the concerned Regional Office of the Reserve Bank [paragraph 9 (1) (B) of Schedule I to FEMA 20/2000];
vii. Delay in filing of details pertaining to transfer of shares for FDI transactions in form FC-TRS by resident individual/companies [Regulation 10 (A) (b) of FEMA 20/2000]; etc.

3. From the data on compounding cases received by Reserve Bank, it is observed that more than 70% of the total cases pertain to FDI within which about 72% relate to delay in advance reporting/ submission of FCGPR. In the case of ECB, 24% of the cases received relate to drawdown without obtaining LRN. Similarly, 66% of the ODI cases relate to non-reporting of overseas investments online. Authorised Dealers have an important role to play in avoidance of such contraventions and accordingly, the dealing officials in the banks need to be sensitised and trained to discharge this function efficiently.


4. All the transactions involving Foreign Direct Investment (FDI), External Commercial Borrowing (ECB) and Outward Foreign Direct Investment (ODI) are important components of our Balance of Payments statistics which are being compiled and published on a quarterly basis. Any delay in reporting affects the integrity of data and consequently the quality of policy decisions relating to
capital flows into and out of the country. Authorised Dealers are, therefore, advised to take necessary steps to ensure that checks and balances are incorporated in systems relating to dealing with and reporting of foreign exchange transactions so that contraventions of provisions of FEMA, 1999 attributable to the Authorised Dealers do not occur.


5. In this connection, it is reiterated that in terms of Section 11(3) of FEMA, 1999, the Reserve Bank may impose on the authorized person a penalty for contravening any direction given by the Reserve Bank under this Act or failing to file any return as directed by the Reserve Bank.


6. The directions contained in this circular have been issued under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999).


Yours faithfully,



(Dr. Sujatha Elizabeth Prasad)
Chief General Manager-in-Charge

Notification No. 05/2013-Customs (N.T.)


[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3, SUB-SECTION (ii), EXTRAORDINARY]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE AND CUSTOMS

Notification No. 05/2013-Customs (N.T.)

DATED THE 17thJanuary, 2013
27 Pausa, 1934(SAKA)

            S.O.  (E). – In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.1/2013-CUSTOMS (N.T.), dated the 3rd January, 2013 vide number S.O.37(E), dated the 3rd January, 2013, except as respects things done or omitted to be done before such super session, the Central Board of Excise and Customs hereby determines that the rate of exchange of conversion of each of the foreign currency specified in column (2) of each of Schedule I and  Schedule II annexed hereto into Indian currency or vice versashall, with effect from 18thJanuary, 2013 be the rate mentioned against it in the corresponding entry in column (3) thereof, for the purpose of the said section, relating to imported and export goods.


SCHEDULE-I

S.No.
Foreign Currency
Rate of exchange of one unit of foreign currency equivalent to Indian rupees
(1)    
(2)
(3)


               (a)
                (b)


(For Imported Goods)
  (For Export Goods)
1.
Australian Dollar
58.55
57.10
2.
Bahrain Dinar
149.50
141.10
3.
Canadian Dollar               
56.35
54.80
4.
Danish Kroner
9.90
9.60
5.
EURO
73.60
71.75
6.
Hong Kong Dollar
7.15
7.00
7.
Kenya Shilling
65.00
61.30
8.
Kuwait Dinar
200.45
188.55
9.
New Zealand Dollar
46.70
45.45
10.
Norwegian Kroner
10.00
9.65
11.
Pound Sterling
89.05
86.95
12.
Singapore Dollar
45.30
44.10
13.
South African Rand
6.40
6.00
14.
Saudi Arabian Riyal
15.05
14.20
15.
Swedish Kroner
8.55
8.30
16.
Swiss Franc
59.55
58.05
17.
UAE Dirham
15.35
14.50
18.
US Dollar
55.25
54.25







 SCHEDULE-II
                       
S.No.
Foreign Currency
Rate of exchange of 100 units of foreign currency equivalent to Indian rupees
(1)    
(2)
(3)


(a)
(b)


(For Imported Goods)
  (For Export Goods)
1.
Japanese Yen
63.00
             61.30







[F.No.468/01/2013-Cus.V]

(ABHINAV GUPTA)
UNDER SECRETARY TO THE GOVT. OF INDIA
TELE: 2309 4610

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