Fema

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 September 2011 An NRI came to India and brought some US Dollars with him. He declared the same as the airport..

In India, he did not get the currency exchanged through an Authorized Dealer..

What is the penalty for the same if he gets caught ??

Can he avoid the penalty by any chance ??

CS Bijoy

CS Bijoy (Expert)
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05 September 2011 He can avoid penalty only by making declaration before catched by the officer.

Querist : Anonymous

Querist : Anonymous (Querist)

05 September 2011 How and where is this declaration to be made ?

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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24 July 2024 If an NRI brings foreign currency into India and fails to declare it or get it exchanged through an Authorized Dealer (like a bank or exchange bureau), it could lead to penalties under FEMA (Foreign Exchange Management Act). Here’s the information regarding penalties and declaration requirements:

### Penalty for Non-Declaration or Exchange:

1. **Penalty Provisions:**
- As per FEMA regulations, bringing foreign currency into India above certain limits (typically USD 5,000 or equivalent) requires declaration to customs authorities upon arrival.
- Failure to declare or get it exchanged through an Authorized Dealer can lead to penalties. The penalty could be up to three times the amount of foreign exchange involved, if the amount is substantial.

2. **Avoiding Penalties:**
- To avoid penalties, it’s crucial to declare all foreign currency exceeding the limits specified by customs authorities upon arrival in India.
- If the foreign currency was not declared at the airport, the NRI should approach an Authorized Dealer immediately to declare and exchange the currency.

### Declaration Process:

1. **At the Airport:**
- Upon arrival in India, NRIs are required to declare any amount of foreign currency exceeding USD 5,000 or equivalent to customs authorities.
- Customs declaration forms are typically provided onboard flights or at the airport. The foreign currency declaration should be made on arrival.

2. **Through Authorized Dealer:**
- If foreign currency is not declared at the airport, the NRI should approach an Authorized Dealer (AD) within a specified period (normally within 90 days) to declare and exchange the currency.
- The AD will assist in converting the foreign currency into Indian Rupees or depositing it into an NRE (Non-Resident External) account, subject to applicable regulations.

### Steps to Rectify:

1. **Declare Immediately:**
- The NRI should promptly approach an AD to declare the foreign currency and complete the necessary formalities.
- Provide documentation related to the source of foreign currency (e.g., bank withdrawal receipts or currency exchange receipts from origin).

2. **Consult with AD:**
- Consult with the AD about the correct procedure for declaration and exchange. ADs are banks authorized by RBI to handle foreign exchange transactions.

3. **Penalty Mitigation:**
- Penalties can sometimes be mitigated or reduced if the non-declaration was inadvertent and promptly rectified by declaring through an AD.
- Cooperation with authorities and prompt compliance with regulations are key factors in penalty mitigation.

### Conclusion:

It’s essential for NRIs to comply with FEMA regulations regarding foreign currency declaration and exchange upon arrival in India. Prompt declaration and cooperation with Authorized Dealers can help avoid penalties and ensure compliance with the law. If there are concerns or uncertainties, consulting with a qualified chartered accountant or legal advisor familiar with FEMA regulations is advisable.