The Reserve Bank of India has introduced a new regulatory framework to govern guarantees involving persons resident outside India. By notifying the Foreign Exchange Management (Guarantees) Regulations, 2026, the central bank aims to improve transparency, simplify compliance, and ensure uniformity in the handling of cross-border guarantees by authorized dealer banks.
Why in the News?
The Reserve Bank of India has issued the Foreign Exchange Management (Guarantees) Regulations, 2026. These regulations provide a consolidated framework for guarantees involving non-residents under FEMA.
Key Features of the New Regulations
- The 2026 regulations lay down a comprehensive framework for issuance, modification, and invocation of guarantees involving persons resident outside India.
- All Authorized Dealer Category-I banks have been directed to strictly follow these rules while facilitating such guarantees.
- The RBI has also instructed banks to ensure compliance with guidelines issued by the Department of Regulation.
Mandatory Reporting and Compliance
- A major reform under the new regulations is mandatory comprehensive reporting of all guarantees issued, modified, or invoked.
- Banks must submit details in a prescribed format, the procedure for which will be communicated separately.
- With this move, the RBI aims to create a centralized and transparent database of foreign exchange guarantees, reducing regulatory gaps and monitoring risks more effectively.
Withdrawal of Earlier Circulars and Reporting Changes
- With the notification of the new regulations, several earlier A.P. (DIR Series) circulars have been superseded.
- The RBI has also discontinued quarterly reporting of guarantees for Trade Credit with effect from the quarter ending March 2026, simplifying compliance requirements for banks and businesses engaged in international trade.
Amendments to Existing FEMA Directions
- The RBI has amended guarantee-related provisions in multiple existing Master Directions.
- These include directions on External Commercial Borrowings (ECB), Trade Credits, Export and Import of Goods and Services and Reporting under FEMA, 1999.
- The amendments ensure consistency across regulatory frameworks and remove overlaps or ambiguities.
Background of FEMA and RBI’s Regulatory Role
- The Foreign Exchange Management Act, 1999 empowers the RBI to regulate foreign exchange transactions in India.
- FEMA focuses on facilitating external trade, promoting orderly foreign exchange markets, and maintaining financial stability.
- The new Guarantees Regulations, 2026 reinforce this objective by modernising oversight of cross-border financial commitments.
Key Summary at a Glance
| Aspect | Details |
| Why in News? | RBI issued new guarantees regulations |
| Regulation Name | FEMA (Guarantees) Regulations, 2026 |
| Applicable To | Guarantees involving non-residents |
| Reporting Norm | Mandatory reporting of all guarantees |
| Key Change | Old circulars superseded |
| Trade Credit | Quarterly reporting discontinued |
| Legal Basis | FEMA, 1999 |
| Objective | Transparency and regulatory clarity |
Question
Q1. The Foreign Exchange Management (Guarantees) Regulations, 2026 have been issued under which Act?
A. Banking Regulation Act, 1949
B. RBI Act, 1934
C. FEMA, 1999
D. Companies Act, 2013
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