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Microlesson · 5-min read

Procedure for Drawal / Remittance and Account-Based Exemptions (RFC / EEFC)

# Procedure for Drawal/Remittance and Account-Based Exemptions

After laying down the three Schedules, the Rules set out the procedure for drawing or remitting foreign exchange and create important account-based exemptions where the source of funds is an RFC or EEFC account.

## (a) Procedure — Same as LRS

> The procedure for drawal or remittance of any foreign exchange under Schedule III shall be the same as applicable for remitting any amount under the Liberalised Remittance Scheme.

## (b) Residual Rule — Unlisted Transactions are FREE

> If the transaction is not listed in any of the three Schedules, it can be freely undertaken.

This reaffirms the golden rule: Current Account transactions are free unless restricted.

## (c) Exemption — Remittance from RFC Account

Where any remittance for a transaction listed in Schedule II or Schedule III is made from an RFC (Resident Foreign Currency) account, no approval is required.

## (d) Exemption — Remittance from EEFC Account

Where any remittance for a Schedule II or Schedule III transaction is made from an EEFC (Exchange Earners' Foreign Currency) account, no approval is requiredwith two carve-outs.

### EEFC Carve-Outs (Approval Required Even From EEFC)

Even if funded out of an EEFC account, prior approval is still required for:

1. Remittance for membership of P & I Club (Schedule II item), and

2. Commission, per transaction, to agents abroad for sale of residential flats (Schedule III item — non-individuals).

## Decision Logic Cheat-Sheet

StepQuestionIf YES →If NO →
1Is the transaction in Schedule I?Prohibited. Stop.Go to Step 2
2Is funding from RFC account, and transaction is in Sch II/III?No approval needed.Go to Step 3
3Is funding from EEFC account, and transaction is in Sch II/III?No approval needed UNLESS P&I Club or commission on flat sale → approval still needed.Go to Step 4
4Is the transaction in Schedule II?Need prior Government Ministry approval.Go to Step 5
5Is the transaction in Schedule III?Within limit → free; above limit → prior RBI approval.Freely permitted (residual rule).

Worked example

### Example 1

Example — RFC funded payment:

A returning NRI holds an RFC account. He wishes to remit USD 3,00,000 to maintain his close relatives abroad (a Schedule III item, otherwise capped at USD 2,50,000).

  • Because the remittance is from his RFC account, no approval is required, even though the amount exceeds the Schedule III ceiling.

### Example 2

Example — EEFC funded P&I Club membership:

XYZ Shipping Ltd, a frequent EEFC user, wishes to pay annual membership of a P&I Club from its EEFC account.

  • P&I Club membership is a Schedule II item.
  • Funding from EEFC normally exempts the transaction, but P&I Club is a carve-outprior approval of Ministry of Finance (Insurance Division) is still required.

### Example 3

Example — Unlisted Current Account Transaction:

A business wants to pay subscription fees to a foreign professional journal — not listed in Schedules I, II, or III.

  • Under the residual rule, the transaction is freely undertaken through an Authorised Dealer.

⚠️ Common exam mistakes

  • Assuming RFC and EEFC funding fully exempts all Schedule II/III items. EEFC funding has two carve-outs: P & I Club membership and commission on sale of residential flats by non-individuals.
  • Believing that Schedule I prohibition can be cured by routing funds through RFC/EEFC. Schedule I is an absolute prohibition — no source-of-funds exemption helps.
  • Forgetting the residual rule — if a transaction is not in any Schedule, no approval is needed at all.
  • Confusing RFC (Resident Foreign Currency — typically held by returning Indians) with EEFC (Exchange Earners' Foreign Currency — held by exporters). They are different accounts with similar but not identical exemption regimes.
Reference: Schedule III — Procedure clause — Foreign Exchange Management (Current Account Transactions) Rules, 2000
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