FEMA (Foreign Exchange Management Act)

1999 Indian legislation regulating all foreign-exchange transactions, including export proceeds realization and import payments.

Definition

FEMA — Foreign Exchange Management Act, 1999 — is the Indian legislation that governs all cross-border currency transactions. It replaced the more restrictive FERA (Foreign Exchange Regulation Act, 1973) and shifted India's foreign-exchange regime from criminal-liability-first to civil-penalty-first.

What FEMA governs (relevant to exporters)

FEMA violations are civil, not criminal — but penalties can be up to 3× the amount involved. Repeat violations can escalate to imprisonment.

The RBI Master Directions

RBI publishes Master Directions under FEMA — the operational rulebook for AD Banks and exporters. The Master Direction on Export of Goods and Services is the reference document for EDPMS closure, permitted write-offs, and multiple-realization patterns.

For Indian FBA exporters

Two FEMA red lines to know:

  1. Don't under-invoice to make bank reconciliation easier. It violates FEMA export-valuation norms and creates GST/customs exposure. See our discussion of workarounds and why they don't hold up.
  2. File write-offs proactively for shipping bills where Amazon's fees create a permanent shortfall vs FOB. The write-off pathway is the correct legal instrument — ignoring the gap is what triggers caution-listing.

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