RBI Revises FEMA Compounding Rules: Penalty Capped at Rs 2 Lakh



Quick Summary
The Reserve Bank of India (RBI) has updated its rules for compounding contraventions under the Foreign Exchange Management Act (FEMA). Effective immediately, the maximum penalty for certain rule breaches will be capped at £2,00,000 per regulation. This cap will be applied based on the nature of the contravention, exceptional circumstances, and in the public interest, specifically for contraventions listed under row 5 of the penalty computation matrix.

The Reserve Bank of India (RBI) has introduced a key amendment to its compounding framework under the Foreign Exchange Management Act (FEMA), 1999. As per A.P. (DIR Series) Circular No. 04/2025-26, the central bank has decided to cap the maximum compounding amount at ₹2,00,000 per regulation/rule for specific contraventions, under certain conditions.

The amendment, effective immediately, will be incorporated as Para 5.4.II.vi in the Master Directions on Compounding of Contraventions, updated most recently on April 22, 2025.

RBI Caps FEMA Compounding Penalties at £2 Lakh

According to the circular, the cap on compounding amounts will apply:

  • Subject to the compounding authority's satisfaction,
  • Based on the nature of the contravention,
  • Considering exceptional circumstances or facts, and
  • In the wider public interest.

This change specifically relates to contraventions categorized under row 5 of the computation matrix used for determining penalties.

Official copy of the notification is as follows

RBI/FED/2025-26/32A.P. (DIR Series) Circular. No 04/2025-26

April 24, 2025

To,

All Authorised Dealer Category-I banks and Authorised banks

Madam / Sir,

Amendments to Directions - Compounding of Contraventions under FEMA, 1999

Attention of Authorised Dealer (AD) Category - I banks is invited to

  1. Directions for compounding of contraventions under FEMA, 1999, issued vide A.P. (DIR Series) Circular No. 17/2024-25 dated October 1, 2024 and

  2. Master Directions on compounding of contraventions under FEMA, 1999, dated April 22, 2025

2. On a review, it is decided that the following clause shall be inserted as Para 5.4.II.vi in aforementioned Master Directions.

"vi. Subject to satisfaction of the compounding authority, based on the nature of contravention, exceptional circumstances/ facts involved in case, and in wider public interest, the maximum compounding amount imposed may be capped at INR 2,00,000/- for contravention of each regulation/ rule (applied in a compounding application) with respect to contraventions under row 5 of the above computation matrix."

3. The aforesaid Master Directions shall accordingly be updated to reflect the above change.

4. All AD Category-I banks and Authorised banks may bring the guidelines contained in this circular to the notice of their constituents.

5. 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/or without prejudice to permissions/approval, if any, required under any other law.

Yours faithfully,

(Dr. Aditya Gaiha)Chief General Manager in Charge

FAQ :

The maximum penalty for certain FEMA contraventions has been capped at £2,00,000 per regulation or rule.

The Reserve Bank of India (RBI) has announced these revised rules.

The amendment is effective immediately.

These compounding rules fall under the Foreign Exchange Management Act (FEMA), 1999.

The cap applies subject to the compounding authority's satisfaction, based on the nature of the contravention, exceptional circumstances, and in the wider public interest.

This penalty cap specifically relates to contraventions categorised under row 5 of the computation matrix used for determining penalties.




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