Which one of the following statements is correct with reference to FEMA in India?
Reviewed by Dalvoy
UPSC Civil Services preparation
- AThe Foreign Exchange Regulation Act (FERA), was replaced by Foreign Exchange Management Act (FEMA) in the year 2001
- BFERA was given a sunset clause of one year till 31st May 2002 to enable Enforcement Directorate to complete the investigation of pending issues
- CUnder FEMA, violation of foreign exchange rules has ceased to be a criminal offenceCorrect
- DAs per the new dispensation, Enforcement Directorate can arrest and prosecute the people for the violation of foreign exchange rules
Explanation
The correct answer is C because the primary objective of replacing FERA with FEMA was to shift the focus from conservation of foreign exchange to its management. Under the old FERA regime, violations were treated as criminal offences punishable with imprisonment. However, under FEMA, these violations have been decriminalized and are now treated as civil offences. Instead of arrest and prosecution, violators are now liable to pay monetary penalties.
Regarding the other options:
Option A is incorrect because FEMA was enacted in 1999 and came into force on June 1, 2000.
Option B is incorrect because the sunset clause for FERA ended on May 31, 2002, but it was a two year period starting from June 2000.
Option D is incorrect because the Enforcement Directorate no longer has the power to arrest or prosecute for mere violations of FEMA rules, as they are now civil matters rather than criminal ones. Arrest is only possible in rare cases involving the non payment of penalties.

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