No More Cancellation and Rebooking of
Forex Derivatives before Maturity, RBI seeks to Curb Fluctuations
1.
Background
·
The RBI has revised requirements under the Master
Direction – Risk Management and Inter-Bank Dealings, dated 5 July 2016, in view
of evolving market conditions.
·
The Directions come into force with immediate
effect.
2.
Cancellation and Rebooking of Derivative Contracts
·
Authorised Dealers
(ADs) shall not permit rebooking of any foreign exchange derivative contract
involving INR, whether deliverable or non-deliverable, that has been cancelled
with any Authorised Dealer after issuance of these
Directions.
·
Rollover on maturity is permitted, subject to
compliance with the provisions of the Master Direction.
3.
Reduction in Threshold for Positions Without Establishing Underlying Exposure
- The threshold for both the
following facilities has been reduced from USD 100 million to USD 5 million
equivalent, based on notional value outstanding at any point in time:
·
Hedging contracted exposure: Positions across all Authorised Dealers without establishing the existence of
the underlying exposure.
·
Positions across INR currency pairs: Long or short
positions without establishing underlying exposure, combined across all recognised stock exchanges and all currency pairs involving
INR.
4.
Additional Documentation Requirement
·
When offering an INR foreign exchange derivative
contract to hedge contracted exposure, an AD must obtain and retain an
undertaking from the user confirming that the same underlying exposure has not
been hedged with another AD.
·
If the exposure is hedged in parts through multiple
ADs, the undertaking must clearly specify the amounts already booked with other
ADs.
·
The undertaking may also be obtained as part of the
deal confirmation.
·
This is in addition to other documents required
under the Master Direction.
5.
Responsibility of Authorised Dealers
·
ADs are responsible for ensuring compliance with
the Directions, including verifying the existence of the underlying exposure.
·
Relevant documents must be obtained and retained
for at least two years.
6.
Effective Date
- The Directions are effective
immediately from the date of issuance.
7. Legal
Basis
- Issued under Sections 10(4) and
11(1) of the Foreign Exchange Management Act (FEMA), 1999, and Section 45W of
the Reserve Bank of India Act, 1934.
Effect of
these Directions
·
Prohibits rebooking of cancelled INR foreign
exchange derivative contracts.
·
Permits rollovers on maturity, subject to existing
rules.
·
Reduces the relevant thresholds for positions
without establishing underlying exposure from USD 100 million to USD 5 million.
·
Strengthens documentation, verification and
record-retention obligations for Authorised Dealers.
[A.P. (DIR Series) Circular
No. 25 dated October 10, 2026]
Risk
Management and Inter-Bank Dealings
Attention of Authorised
Dealers is invited to the Master Direction - Risk Management and Inter-Bank
Dealings dated July 05, 2016, as amended from time to time.
2. In view of evolving market
conditions, it has been decided as under:
Cancellation
and rebooking / rollovers of foreign exchange derivative contracts
(a) An Authorised
Dealer shall not permit users to rebook any foreign exchange derivative
contract involving the INR, whether deliverable or non-deliverable, which has
been cancelled with any of the Authorised Dealers,
after the issuance of these Directions.
(b) An Authorised
Dealer may, however, continue to permit users to rollover foreign exchange
derivative contracts on maturity, subject to compliance with the provisions of
the Master Direction ibid.
Threshold limit for taking
positions without requirement to establish the existence of underlying
(c) In terms of the proviso to paragraph
2.4 (i) of Section I of Part A of the Master
Direction ibid, Authorised Dealers are permitted to
allow users to take positions upto USD 100 million equivalent of notional value
(outstanding at any point of time), across all Authorised
Dealers, for hedging contracted exposure without the requirement to establish
the existence of underlying exposure. Further, in terms of paragraph 3.4 (i) of Section I of Part A of the Master Direction ibid, a
user is allowed to take positions (long or short), without having to establish
existence of underlying exposure, upto a single limit of USD 100 million
equivalent across all currency pairs involving INR, put together, and combined
across all Recognized Stock Exchanges. The threshold for each of the above
facilities shall, henceforth, be USD 5 million equivalent of notional value
(outstanding at any point of time).
Requirement
for Additional Documentation
(d) An Authorised
Dealer shall, at the time of offering a foreign exchange derivative contract
involving INR to a user to hedge a contracted exposure, obtain and retain an
undertaking from the user that the same underlying exposure has not been hedged
with any other Authorised Dealer. Where the same
exposure is being hedged in parts with more than one Authorised
Dealer, the details of amounts already booked with other Authorised
Dealer/s should be clearly indicated in the undertaking. This undertaking can
also be obtained as a part of the deal confirmation. This shall be in addition
to any other document(s) which the Authorised Dealers
may call for from users in terms of paragraph 2.4 (iv) of Section I of Part A
of the Master Direction ibid and for complying with the requirements of these
Directions.
3. It shall be the responsibility of an Authorised Dealer to ensure compliance of these directions
including the existence of underlying exposure, for which it will take
necessary documents and retain them for a period not less than two years.
4. These Directions shall come into
force with immediate effect.
5. These directions are issued in
exercise of the powers conferred by Sections 10(4) and 11(1) of the FEMA, 1999,
and Section 45W of the Reserve Bank of India Act, 1934, and are without
prejudice to permissions / approvals, if any, required under any other law.