| |
|
|
|
| For business information, annual reports, laws, ordinances, regulations and articles. |
|
|
|
Appendix X
Exchange and Payment Measures During FY00
Foreign Exchange Market
The facility of back-to-back remittances and release of foreign currency against
surrender of an equivalent amount of foreign currency have been withdrawn with effect from
14th October 1999.
Forward Sales/Purchases to/from the customers were temporarily suspended on 15th October
1999. However, it was restored with effect from 27th October 1999.
Unofficial cap on rupee trading band was extended from Rs 51.90 to Rs 52.10 with effect
from 1st June 2000 and further to Rs 52.30 with effect from 22nd June 2000. The cap was
finally removed on 21st July 2000.
In order to streamline local banking conventions in line with international standards, the
State Bank of Pakistan (SBP) decided to introduce Spot value convention for all its
foreign exchange and Foreign Currency-Money Market transactions with Authorized Dealers
(ADs). Effective from 1st December 2000 all ADs were advised to follow the spot value
convention, i.e., t+2 days from transaction date as the standard for all their
afore-mentioned transactions with the SBP. They were further advised to make concerted
efforts to adopt the same convention while dealing with other banks as well as with their
clients.
Foreign Currency Accounts
The facility of foreign currency account maintained by the Diplomatic Missions, their
diplomatic officers and home-based members of the Missions' staff in Pakistan as well as
all international organizations in Pakistan and their expatriate employees was withdrawn
with effect from 5th July 1999. Subsequently, some relaxations were made in connection
with opening of foreign currency account by them and
withdrawal of foreign currency notes from such accounts. However, with effect from 3rd
April 2000, all facilities withdrawn earlier were restored.
The forward cover fee on dollar deposits was reduced from 10.0 percent per annum to 8.0
percent per annum with effect from 9th August 1999.
The immunities of exemption from tax and Zakat deduction available to resident foreign
currency account holders under Economic Reforms Act, 1992 were withdrawn with effect from
16th December 1999.
Sale of Foreign Exchange Bearer Certificates (FEBCs) and three-year Foreign Currency
Bearer Certificates (FCBCs) was stopped with effect from 16th December 1999. The profits
and encashment proceeds of certificates already issued up to 15th December 1999 would
continue to be paid in accordance with existing instructions and the protection and
immunities relating to these instruments would also continue to be available.
Transfer of frozen FCAs from one bank account to another bank account was allowed with
effect from 24th February 2000 subject to conditions that status and title of the account
shall remain unchanged.
With effect from 20th June 2000 the Software Houses/Companies were allowed to retain 25
percent of their export earnings in special foreign currency account with the ADs for
exclusive use of payment to the overseas buyers and to meet other expenses such as
promotional publicity, import of hardware/software, foreign consultants' fee etc., without
prior approval of SBP.
Current Account
Industrial establishments registered as importers were allowed to import spare
parts/machinery up to the value of US$ 7,000/- per fiscal year effective from 26th August
1999 against foreign currency demand draft, without opening letter of credit, provided
such import is made by air or courier.
The minimum cash margin requirement on opening letters of credit (LCs) for imports of all
items (except specified essential imports) was imposed with effect from 14th October 1999.
| Industrial Raw Material | 10 percent |
| Machinery of all kind | 20 percent |
| All other Goods (except essential imports) |
35 percent |
Subsequently, the minimum cash margin restrictions were withdrawn on Industrial Raw
Material (w.e.f. 28t~ October 1999) and Machinery of all kinds and their spare parts
(w.e.f. 1st November 1999). Whereas in respect of all other goods, the minimum cash margin
restrictions were removed on selected items. Finally, the requirement of minimum cash
margin on opening of letters of credit was withdrawn for all items effective from 1st July
2000.
To check any unusual increase in import of a particular item as a result of panic after
military takeover on 12th October 1999, the furnishing of details of all letters of credit
worth US$ 25,000 or more was made mandatory for ADs.
The rate of commission/brokerage due to foreign importers/agents by exporters in Pakistan
increased from 1 percent to 2 percent against export of Raw Cotton with effect from 20th
November 1999.
In March 2000, the SBP provided incentives for faster remittances through official
channels by sharing the cost of using courier services with the NCBs and privatized
domestic banks. Using a certain benchmark for each individual bank, the central bank
offered one rupee for each additional dollar that these banks are able to bring in. Since
remitters still get the inter-bank exchange rate, this incentive scheme does not entail a
multiple exchange rate system.
The facility to the exporters to retain amounts in foreign currency accounts afforded vide
Para 29(iii)-Chapter XII of Foreign Exchange Manual, which was withdrawn in July 1998,
restored with effect from 20th June 2000.
The earlier restriction on monthly remittance for living expenses of students studying
abroad have been relaxed to 3 to 4 months in advance at the options of parents/financers
effective from 5th July 2000 subject to the condition that the remitter gives an
undertaking that in case the studies are discontinued earlier, the excess remittance will
be brought back to Pakistan by the remitter.
Instructions were issued on 21st July 2000 for exporters. In case where an exporter does
not repatriate export proceeds within three days of the due date or within 4 months of the
shipment date, whichever is earlier, he shall be entitled to export proceeds at the rate
of exchange prevailing on the due date or at the rate prevailing on the date of
realization of export proceeds whichever is lower. In respect of export bills already
overdue, the exporters shall be entitled to have rupee proceeds at the exchange rate
prevailing on the date of realization.
The limit for exports of bona fide trade samples free of charge by a registered exporter
during a calendar year, which were exempted from the prescribed export procedure, was
extended from FOB value of US$2,000 to the FOB value US$5000/-or equivalent per exporter
per annum with effect from 29th August 2000.
Government of Pakistan allowed import of raw sugar of above 600 ICUMSA grade1 only, for
the purpose of refining into white sugar, at zero rate of duty with effect from 26th
September 2000. Raw sugar of other grades will not be accepted for the purpose of opening
of LCs. LCs registration would be stopped once cumulative total reaches 500,000 tons (five
hundred thousand tons). Accordingly, ADs were advised to establish LCs at cheapest
possible rate from an eligible country under import policy strictly in accordance with the
specified conditions.
It was clarified on 6th October 2000 that persons availing of the concessions under the
'New Tax Amnesty Scheme' and bringing in foreign exchange for conversion into Pak-rupee
through ADs shall not be liable to any action under the Foreign Exchange Regulations Act,
1947.
Powers of Authorized Dealers (ADs)
The delegated powers of ADs under Foreign Exchange Manual (FEM) were restored with
effect from 18th January 2000 for remittances of:
1Ascale determined by International Commission for Uniform Method of
Sugar Analysis.
Principal, interest etc. on the basis of repayment schedules registered with the SBP of
purely private sector - para 51-53, Chapter XIII of FEM.
Principal and interest of foreign currency loans by Pakistani firms and companies on the
basis of repayment schedules registered with SBP under para 12(ii), Chapter XIX of FEM and
remittance of principal and interest on account of foreign exchange loans in terms of para
12(iii) ibid on the basis of repayment schedule communicated to SBP.
Royalty/Technical Fee/Consultancy/Supervision of installation of machinery and equipment
etc. as per para 10 & 11, Chapter XIV of FEM.
Dividend to non-resident shareholders on submission of documents prescribed by SBP in
terms of para 13, Chapter XIV of FEM.
The facility under which ADs were permitted to register contracts/purchase order/proforma
invoices/indents etc. for imports without LC (provided the import of concerned goods is
not subject to specific authorization from Export Promotion Bureau (EPB)/Ministry of
Commerce and the margin restrictions imposed by BP&RD) which was withdrawn earlier in
1998, restored with effect from 18th January 2000.
The powers of ADs (who maintain Special Convertible Rupee Accounts (SCRAs) as well as
offer Custodial services to the same foreign investor) to allow outward remittances from
SCRA of dis-investment proceeds, dividend and broker's commission in respect of
transactions taking place were restored with effect from 30th March 2000. Where foreign
investors maintain custody services and SCRA with different institutions, remittances from
SCRA will require prior approval of the State Bank.
The powers to allow remittance of surplus freight collections of foreign shipping
companies voyage-wise were delegated to the ADs with effect from 13th May 2000. In case
any discrepancy is noticed by the SBP, the agent shall have to rectify it or repatriate
the equivalent amount within 7 days through normal banking channel.
Authorized Money Changers
Code of conduct for Authorized Money Changers (AMCs) in foreign exchange was issued on
3rd July 1999 which, inter-alia, included:
No person or institution that does not hold a valid license from the State Bank for
dealing in foreign exchange as "money changer" or as "authorized
dealer" should be engaged in the business of buying and selling of foreign exchange
anywhere in Pakistan.
AMCs' activities will be restricted to purchase and sale of foreign currency notes and
coins only. They shall not buy or sell travelers checks.
No transfer of funds abroad shall be made through illegal channels.
AMCs shall prominently display the rates for purchase and sale of major currencies daily
at their places of business.
The AMCs shall maintain permanent books of accounts to record all sales and purchases and
every transaction must be recorded in such books on a daily basis.
Dealings between AMCs and customers should be supported by receipts/vouchers for all
transactions.
The financial institutions, including commercial banks, are prohibited from selling or
purchasing foreign exchange from the money changers, on their own account or on the
account of their clients except when they may be explicitly allowed by the State Bank.
Similarly, all public sector institutions, diplomats and home-based members of diplomatic
missions and expatriate employees of international organizations are prohibited for
selling or purchasing foreign exchange from the money changers.
Following military takeover, all authorized money changers were directed to keep their
business place closed for business on 13th October 1999. The date was further extended up
to 24th October 1999.
It was clarified on 21st August 2000 that corporate bodies/legal entities cannot
generate/purchase foreign currency funds from the kerb market without prior approval of
the SBP. It implies that corporate bodies/legal entities can maintain foreign currency
accounts under FE Circulars 25 and 31 of 1998 exclusively, from the remittances received
from abroad. Corporate bodies were further asked to sell back, within 15 days, whatever
foreign exchange they had already purchased from the open market.
Miscellaneous
To promote Business-to-Customer e-commerce in the country, banks operating in Pakistan
were allowed to open and operate Internet Merchant Accounts in local currency or in US
dollar with effect from 15th June 2000.
Keeping in view the difficulties expressed by the ADs, the following guidelines were
issued on 21st July 2000 while entering into the drawing arrangements with the exchange
companies:
The banks in Pakistan shall obtain guarantee of a reputable bank equivalent to one month's
aggregate rupee drawings that showed the highest level in the previous year.
The replenishment from the exchange companies should be called within 4 to 5 days of the
drawings.
For the specific purpose of handling home remittances, the opening of the non- resident
foreign currency accounts of exchange companies operating abroad were allowed under FE-25
of 1998. The conversion into Pak Rupees, from these accounts will be made through
inter-bank market.