Guidelines for OTC Trading in Forex
Derivatives
[RBI
Circular No. 60 dated 16th May 2011]
Sub: Comprehensive Guidelines
on Over the Counter (OTC) Foreign Exchange Derivatives and Overseas Hedging of
Commodity Price and Freight Risks
Attention of the Authorised
Dealer Category - I (AD Category - I) banks is invited to Notification No. FEMA
25/2000-RB dated May 3, 2000, as amended from time to time, on the regulations
governing foreign exchange derivative contracts. Further, attention is also
invited to the comprehensive guidelines on Over-the-Counter (OTC) Foreign
Exchange Derivatives and Overseas Hedging of Commodity Price and Freight Risks
issued vide A.P. (DIR Series) Circular No. 32 dated December 28, 2010.
2. In view of the
representation received from the industry associations and as AS 30/32 standards are yet to be notified by the Ministry
of Corporate Affairs, it has been decided to amend the eligibility criteria for
the users of cost reduction structures as contained under para
B I (1)(v) of A.P. (DIR Series) Circular No. 32 dated
December 28, 2010 as indicated below:
A. Existing
Provisions
Users Listed companies or
unlisted companies with a minimum net worth of Rs. 100 crore
( subsidiaries or affiliates of listed companies which follow AS 30/32, having
common treasuries and consolidate the accounts with parent companies are
exempted from the minimum net worth criteria), which are complying with the
following:
Adoption of Accounting Standards 30 and 32. Companies
which are not complying fully with AS 30 and 32 should follow the accounting
treatment and disclosure standards on derivative contracts, as envisaged under
AS 30/32.
Having a risk management policy and a specific clause
in the policy that allows using the type/s of cost reduction structures.
B. Amended
Provisions
Users - Listed companies and their
subsidiaries/joint ventures/associates having common treasury and consolidated
balance sheet
or
Unlisted companies with a minimum net worth of Rs. 200 crore
provided
All such products are fair valued on each reporting
date;
The companies follow the Accounting Standards
notified under section 211 of the Companies Act, 1956 and other applicable
Guidance of the Institute of Chartered Accountants of India (ICAI) for such
products/ contracts as also the principle of prudence which requires
recognition of expected losses and non-recognition of unrealized gains;
Disclosures are made in the financial statements as
prescribed in ICAI press release dated 2nd December 2005; and
The companies
have a risk management policy with a specific clause in the policy that allows
using the type/s of cost reduction structures.
(Note: The above accounting treatment is a transitional
arrangement till AS 30 / 32 or equivalent standards are notified.)
Other provisions of the circular shall remain unchanged.
3. It may also be noted that
the above eligibility criteria would also be applicable to the users of OTC
option strategies involving a simultaneous purchase and sale of options for
overseas commodity hedging.
4. The necessary amendments
to Notification No. FEMA.25/RB-2000 dated May 3, 2000 [Foreign Exchange
Management (Foreign Exchange Derivatives Contracts) Regulations, 2000] are being notified separately.
5. AD Category - I banks may
bring the contents of this circular to the notice of their constituents and
customers concerned.
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) and are without
prejudice to permissions /approvals, if any, required under any other law.