RBI stops use of LoUs for trade credit for imports

RBI stopsuseofLoUsfor trade credit for imports:RBI on Tuesday i.e. 13th March 2018 bannedbanksfrom issuing Letters of Undertaking (LoUs) -- instruments used allegedly by Fugitive jeweller Nirav Modi and his uncleMehul Choksito defraud state-owned Punjab National Bank in collusion with PNB officials.

Companies linked to Nirav Modi obtained Letters of Undertaking (LoUs), which were used to get loans from overseas branches of Indian banks. As per Finance Minister of India, during the tenure of 6 years1,213 fraudulent guarantees were issued to Nirav Modi The relevant notification is provided here under for your referance:

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RBI/2017-18/139 A.P. (DIR Series) Circular No. 20

March 13, 2018

All Authorised Dealer Category I Banks Madam/ Sir

Discontinuance of Letters of Undertaking (LoUs) and Letters of Comfort (LoCs) for Trade Credits

Attention of Authorised Dealer Category - I (AD Category - I) banks is invited to paragraph 2 ofA.P. (DIR Series) Circular No. 24 dated November 1, 2004andparagraph No. 5.5of Master Direction No.5 dated January 1, 2016 on External Commercial Borrowings, Trade Credit, Borrowing and Lending in Foreign Currency by Authorised Dealers and Persons other than Authorised Dealers (Master Direction), as amended from time to time, on the issuance of LoUs/ LoCs/ guarantees for Trade Credits for imports into India under delegated powers of AD banks. 2. On a review of the extant guidelines, it has been decided to discontinue the practice of issuance of LoUs/ LoCs for Trade Credits for imports into India by AD Category I banks with immediate effect. Letters of Credit and Bank Guarantees for Trade Credits for imports into India may continue to be issued subject to compliance with the provisions contained in Department of Banking RegulationMaster Circular No. DBR. No. Dir. BC.11/13.03.00/2015-16 dated July 1, 2015on Guarantees and Co-acceptances, as amended from time to time. 3. AD Category-I banks may bring the contents of this circular to the notice of their constituents and customers. 4. The aforesaidMaster Direction No. 5 dated January 01, 2016will be updated to reflect the changes. The changes will be applicable from the date of issuance of this circular. 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 are without prejudice to permissions/ approvals, if any, required under any other law.

Yours faithfully

Ajay Kumar Misra Chief General Manager

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