GUIDELINES FOR FOREIGN
EXCHANGE TRANSACTIONS
                        Volume - 1
                     SUMMARISING
        Instructions as of November 30, 2017 issued to
 Authorised Dealers and Money Changers in Foreign Exchange
To be read in conjunction with other instructions, subsequent
  amendments and modifications issued from time to time.
            BANGLADESH BANK
          Foreign Exchange Policy Department
                           2018
                                       Preface
This publication, titled 'Guidelines for Foreign Exchange Transactions', is the successor
to the last (2009) edition of the same. This is a compilation of the instructions to be
followed by the Authorised Dealers & their constituents, Money Changers in
transactions relating to foreign exchange. These guidelines come in two volumes. The
first volume includes the instructions and the prescribed forms/declarations relating to
individual transactions. The second volume delineates the procedure of reporting of
foreign exchange transactions by Authorised Dealers to Bangladesh Bank, and includes
the proformas for monthly returns, statements, schedules for such reporting. Both
volumes include instructions as on November 30, 2017 and should be read with FE
Circulars/Circular Letters issued subsequently.
Foreign Exchange Policy Department
Bangladesh Bank
Head Office, Dhaka.
January, 2018.
                             Acronyms
ACU       Asian Clearing Union
AD        Authorised Dealer
AML-CFT   Anti-Money Laundering - Combating the Financing of Terrorism.
AMU       Asian Monetary Union
BASIS     Bangladesh Association of Software and Information Services
BB        Bangladesh Bank
BEPZA     Bangladesh Export Processing Zones Authority
BEZA      Bangladesh Economic Zones Authority
BIDA      Bangladesh Investment Development Authority
BJA       Bangladesh Jute Association
BJMC      Bangladesh Jute Mills Corporation
BMET      Bureau of Manpower Employment and Training
BO        Beneficiary Owner
BSEC      Bangladesh Securities and Exchange Commission
BTB       Back To Back
CAAB      Civil Aviation Authority of Bangladesh
CCI&E     Chief Controller of Imports and Exports
CPT       Carriage Paid To
CRF       Cost and Freight
DEDO      Duty Exemption and Drawback Office
EDF       Export Development Fund
EFT       Electronic Fund Transfer
EPB       Export Promotion Bureau
EPZ       Export Processing Zone
ERD       Economic Relations Division
ERQ       Exporters' Retention Quota
EZ        Economic Zone
FC        Foreign Currency
FCA       Free Carrier Alongside
FCR       Forwarder Cargo Receipt
FEID      Foreign Exchange Investment Department
FEOD     Foreign Exchange Operation Department
FEPD     Foreign Exchange Policy Department
FERA     The Foreign Exchange Regulation Act, 1947
FER      Foreign Exchange Regulation
FOB      Free On Board
GBP      Great Britain Pound
GFET     Guidelines For Foreign Exchange Transactions
HAWB     House Airway Bill
IC       International Card
ICC      International Credit Card
IDRA     Insurance Development and Regulatory Authority
ITE      Information Technology Enabled
LC       Letter of Credit
LCAF     Letter of Credit Authorisation Form
NBR      National Board of Revenue
NFCD     Non-resident Foreign Currency Deposit
NITA     Non-resident Investors' Taka Account
NRBs     Non-resident Bangladeshis
NRTA     Non-resident Taka Account
OPGSP    Online Payment Gateway Service Provider
PRC      Proceed Realisation Certificate
PTA      Prepaid Ticket Advices
RFCD     Resident Foreign Currency Deposit
RJSCF    Registrar of the Joint Stock Companies and Firms
RIT      Rationalised Input Template
SFCAMS   Special Foreign Currency Account Monitoring System
SWIFT    Society for Worldwide Interbank Financial Telecommunication
TC       Travellers' Cheque
TOAB     Tour Operators Association of Bangladesh
UGC      University Grant Commission
USD      United States Dollar or US Dollar
                                     CONTENTS
CHAPTER                                                                                   PAGES
1 Introductions and Definitions                                       ...     ...   ...       1
2 Authorised Dealers and Money Changers.                              ...     ...   ...       3
   Instructions for Money Changers                                    ...     ...   ...       4
3 Bangladesh Bank's Transactions with ADs                             ...     ...   ...       8
4 Foreign Currency Accounts of the ADs and Purchase and Sale of Foreign Currency             11
   Forward Dealings in Foreign Exchange                               ...     ...   ...      13
   Hedging the Price Risk of Commodities                              ...     ...   ...      15
   Non-Resident Taka Accounts of Foreign Bank Branches and Correspondents           ...      16
5 Outward Remittances                                                 ...     ...   ...      17
   Inward Remittances                                                 ...     ...   ...      19
   Dealings in Foreign Currency Notes and Coins Etc.                  ...     ...   ...      21
6 Import and Export of Currency Notes and Coins, Foreign
   Exchange, Gold, Silver, Jewellery and Securities Etc               ...     ...   ...      23
7 Imports                                                             ...     ...   ...      28
   Letters of Credit and Remittances against Imports                  ...     ...   ...      34
   Back to Back LCs                                                   ...     ...   ...      44
   Deposit of Counterpart Fund in respect of Imports under
   Non Project Commodity Loans/Credits/Grants                         ...     ...   ...      47
8 Exports                                                             ...     ...   ...      50
   Exports from the Export Processing Zones (EPZs)                    ...     ...   ...      67
9 Foreign Investment in Bangladesh                                    ...     ...   ...      69
   Operations in Securities                                           ...     ...   ...      73
10 Commercial Remittances (Other than for Imports)                    ...     ...   ...      76
11 Private Remittances                                                ...     ...   ...     108
12 Travel                                                             ...     ...   ...     121
13 Private Foreign Currency Accounts                                  ...     ...   ...     137
   Non Resident Foreign Currency Deposit Accounts                     ...     ...   ...     141
   Resident Foreign Currency Deposit Accounts                         ...     ...   ...     143
   Exporters' Retention Quota Accounts                                ...     ...   ...     144
   Foreign Currency Accounts for the EPZ Companies                    ...     ...   ...     147
   Other Foreign Currency Accounts                                    ...     ...   ...     149
14 Convertible and Non-convertible Taka Accounts                      ...     ...   ...     152
   Private Non-Resident Taka Accounts                                 ...     ...   ...     154
   Non-Resident Blocked Taka Accounts                                 ...     ...   ...     160
   Non-Resident Investor's Taka Accounts.                             ...     ...   ...     162
15 Borrowing Abroad by Residents                                      ...     ...   ...     164
16 Loans, Overdrafts and Guarantees                                   ...     ...   ...     167
   Credit Facilities to Industries in EPZs                            ...     ...   ...     175
17 Foreign Exchange Transactions for Agency Services                  ...     ...   ...     178
   Transaction with Branch Offices, Liaison Offices, Representative Offices etc.    ...     179
   Foreign Exchange Transactions of Freight Forwarders                ...     ...   ...     180
18 Insurance Business                                                 ...     ...   ...     181
   Reinsurance                                                        ...     ...   ...     184
19 Payment Through International Cards                                ...     ...   ...     185
20 Foreign Exchange Transactions by the Enterprises of
   Economic Zones in Bangladesh                                       ...     ...   ...     191
                               APPENDICES
APPENDIX      1        Foreign Exchange Regulation Act, 1947 (VII of 1947).
APPENDIX      2        Notifications issued by the Government of the People's Republic
                       of Bangladesh and the erstwhile Government of Pakistan under
                       Foreign Exchange Regulation Act, 1947 (VII of 1947).
APPENDIX      3        Notifications issued by the Bangladesh Bank and the erstwhile
                       State Bank of Pakistan under Foreign Exchange Regulation Act,
                       1947 (VII of 1947) & Bangladesh Bank Order, 1972 (President's
                       Order No. 127 of 1972).
APPENDIX      4        List of Bangladesh Bank's offices and their jurisdictions.
APPENDIX   5 (1-103)   Specimen forms of applications, declaration, etc. other than
                       periodic returns & schedules.
APPENDIX     6 (1-3)      1. Notification issued by the Board of Investment (presently
                          Bangladesh Investment Development Authority) for obtaining
                          loan from abroad by industrial enterprises in Bangladesh in the
                          private sector;
                       2. Policy guidelines for establishment of drawing arrangement
                          between the exchange houses abroad and the banks operating
                          in Bangladesh;
                       3. Procedure for repatriation of sale proceeds of non-resident
                          owned equity in unlisted companies purchased by residents in
                          Bangladesh.
                                                                                  CH 1           1
                                         CHAPTER 1
                        INTRODUCTION AND DEFINITIONS
1. Foreign Exchange Regulation (FER) Act, 1947 (Act No. VII of 1947, amended upto September
09, 2015) enacted on March 11, 1947 in the then British India provides the legal basis for
regulating certain payments, dealings in foreign exchange and securities and the import and export
of currency and bullion. This Act was first adapted in Pakistan and then in Bangladesh. The Act is
reproduced at Appendix 1. Bangladesh Bank is responsible for administration of regulations under
the Act. Appendix 4 provides a list of Bangladesh Bank's offices and their jurisdictions.
2. Basic regulations under the FER Act, 1947 are issued by the Government as well as by
Bangladesh Bank in the form of Notifications which are published in the Bangladesh Gazette.
Notifications issued by the Bangladesh Government and the erstwhile Government of Pakistan
and Bangladesh Bank and the erstwhile State Bank of Pakistan are reproduced at Appendices 2
and 3. Directions having general application are issued by Bangladesh Bank in the form of
notifications, FE(Foreign Exchange) circulars, SPA circulars and circular letters.
3. Authorised Dealers (ADs) in foreign exchange are required to bring the foreign exchange
regulations to the notice of their customers in their day-to-day dealings and to ensure compliance
with the regulations by such customers. The ADs should report to Bangladesh Bank any attempt,
direct or indirect, of evasion of the provisions of the Act, or any rules, orders or directions issued
thereunder.
4. (i) The ADs must maintain adequate and proper records of all foreign exchange transactions
and furnish such particulars in the prescribed returns for submission to Bangladesh Bank. They
should continue to preserve the records for a reasonable period unless otherwise instructed by
Bangladesh Bank for ready reference as also for inspection, if necessary, by Bangladesh Bank's
officials. To mention, ADs shall preserve the printed copy of Form TM (Appendix 5/9), Form-
C (Appendix 5/10), Form C-ICT (Appendix 5/11), Form IMP (Appendix 5/16) and EXP Form
(Appendix 5/31) along with supporting papers at their own custody for at least 05 (five) years
for record and inspection of Bangladesh Bank. However, in respect of cases which are under
investigation by Bangladesh Bank inspection team/other Government agencies, the relevant
Forms (TM, C, IMP & EXP as the case may be) and full set of related documents shall be
disposed of only after obtaining clearance from the inspection team/Government agency
concerned.
(ii) Online Reporting
Bangladesh Bank has developed online reporting system for all types of inland and cross border
foreign exchange transactions. ADs are, therefore, advised to report all types of their foreign
exchange transactions carried out by them, including those of OBUs to the different web portals
                                                                             CH 1           2
of Bangladesh Bank on regular basis as directed by the concerned departments. To report
different information to the online systems, ADs are advised to follow the instructions given in
the different FE circulars, FE circular letters and user guidelines available in the website of
Bangladesh Bank.
5. This publication summarises the instructions issued under the FER Act, 1947 as well as the
prudential instructions issued by Bangladesh Bank (as of November 30, 2017) to be followed by
ADs and Money Changers in their day-to-day foreign exchange transactions.
6. Specimen forms (other than those of periodical returns dealt with in Volume-2) prescribed in
this publication are given in Appendix 5, while Appendix 6 contains (i) Notification issued by
the Board of Investment (Now Bangladesh Investment Development Authority-BIDA) for
obtaining loan from abroad by industrial enterprises in Bangladesh in the private sector (ii)
Policy guidelines for establishment of drawing arrangement between the exchange houses abroad
and banks operating in Bangladesh (iii) Procedure for repatriation of sale proceeds of
non-resident owned equity in unlisted companies purchased by residents.
7. Terms having a special meaning for the purpose of the FER Act, 1947 are defined under
Section 2 of the Act. However, for the purpose of this publication and the instructions issued by
the Bangladesh Bank from time to time, the following terms as defined below shall be used in
addition to those defined under Section 2 of the FER Act, 1947.
(i) Taka
Taka means the Bangladesh currency unless otherwise specified.
(ii) Dollar
Unless otherwise indicated the term dollar used in this publication shall mean the US dollar
(USD).
(iii) Money Changers
Wherever used in this publication, the term "Money Changer" would mean a sole proprietorship
or partnership firm/company licenced by Bangladesh Bank under FER Act, 1947 to act as Money
Changer for dealing in certain foreign exchange transactions as directed by Bangladesh Bank
from time to time.