Foreign Exchange Regulation (FER) Act, 1947 (Act No. VII of 1947)

Foreign Exchange Regulation (FER) Act, 1947 (Act No. VII of 1947)

Foreign Exchange Regulation (FER) Act, 1947 (Act No. VII of 1947)

CONTENTS
  SECTIONS
1. Short title, extent and commencement
2. Interpretation
3. Authorised dealers in foreign exchange
4. Restrictions on dealing in foreign exchange
5. Restrictions on payment
6. Blocked accounts
7. Special accounts
8. Restrictions on import and export of certain currency and bullion
9. Acquisition by Government of foreign exchange
10. Duty of persons entitled to receive foreign exchange etc.
11. Power to regulate the uses, etc., of imported gold and silver
12. [ Receipts of proceeds for exported goods and services]
13. Regulation of export and transfer of securities
14. Custody of securities
15. Restrictions on issue of bearer securities
16. Acquisition by Government of foreign securities
17. Restriction on settlement
18. Certain provisions as to companies
18A. [Omitted]
18B. Restriction on foreign companies
19. Power to call for information
19A. Power of inspection
20. Supplemental provisions
21. Contracts in evasion of this Act
22. False statements
22A. Grant of immunity in certain cases
23. Penalty and procedure
23A. Tribunal, its powers, etc.
24. Burden of proof in certain cases
25. Power to Government to give direction
26. Bar of legal proceedings
27. Power to make rules

Foreign Exchange Regulation (FER) Act, 1947 (Act No. VII of 1947) (download)

100 Questions: Foreign Exchange Regulation

  1. In which year was the Foreign Exchange Regulation Act enacted?
    Answer:1947
    Explanation:The Foreign Exchange Regulation Act was enacted in 1947 to regulate foreign exchange and securities transactions.
  2. What is the full form of FER Act?
    Answer:Foreign Exchange Regulation Act
    Explanation:The abbreviation FER stands for Foreign Exchange Regulation.
  3. What is the Act number of the Foreign Exchange Regulation Act, 1947?
    Answer:Act No. VII of 1947
    Explanation:It was passed as Act No. VII (7) of 1947.
  4. When did the FER Act come into force in Pakistan and Bangladesh?
    Answer:It came into force in 1947 and continued in force in Bangladesh after independence in 1971.
    Explanation:Bangladesh adopted the Act after liberation with necessary modifications.
  5. What was the primary purpose of the FER Act, 1947?
    Answer:To regulate foreign exchange and control payments and securities involving foreign countries.
    Explanation:It helps maintain national economic stability and conserve foreign reserves.
  6. Which authority administers the FER Act in Bangladesh?
    Answer:Bangladesh Bank
    Explanation:The Bangladesh Bank administers and enforces the FER Act on behalf of the government.
  7. Who is the main regulatory body under the FER Act?
    Answer:Bangladesh Bank
    Explanation:The central bank is empowered to issue permissions, directions, and regulations under the Act.
  8. What does “foreign exchange” mean under the FER Act?
    Answer:Foreign currency and instruments payable in foreign currency.
    Explanation:Includes foreign currency notes, drafts, traveler’s cheques, letters of credit, etc.
  9. What is included in the term “foreign security”?
    Answer:Any security issued or payable in a foreign country or denominated in foreign currency.
    Explanation:Shares, bonds, or debentures of foreign companies fall under this term.
  10. What is meant by “authorized dealer” under the Act?
    Answer:A person or bank authorized by Bangladesh Bank to deal in foreign exchange.
    Explanation:Authorized dealers are licensed institutions handling forex transactions legally.
  11. Who appoints authorized dealers in foreign exchange?
    Answer:Bangladesh Bank
    Explanation:The central bank issues authorization to commercial banks and institutions.
  12. Can any person deal in foreign exchange without permission?
    Answer:No
    Explanation:Only authorized dealers may conduct such transactions legally under Section 3.
  13. Which section prohibits unauthorized dealings in foreign exchange?
    Answer:Section 3
    Explanation:Section 3 restricts dealing in foreign exchange without permission.
  14. What is the penalty for violating foreign exchange regulations?
    Answer:Imprisonment or fine, or both.
    Explanation:Section 23 specifies penalties for contravention of the Act.
  15. Which Act controls payments outside Bangladesh?
    Answer:The Foreign Exchange Regulation Act, 1947
    Explanation:It controls remittances, payments, and financial transfers abroad.
  16. What is the main objective of the FER Act, 1947?
    Answer:To regulate foreign exchange and conserve national reserves.
    Explanation:It aims to maintain economic stability and prevent illegal outflow of foreign exchange.
  17. What is the role of the Bangladesh Bank under this Act?
    Answer:To regulate, monitor, and authorize foreign exchange transactions.
    Explanation:It acts as the implementing authority and issues necessary permissions.
  18. What is meant by “export of currency”?
    Answer:Taking currency or securities out of Bangladesh.
    Explanation:Controlled under Section 8 to prevent capital flight.
  19. Is remittance of money abroad without permission allowed?
    Answer:No
    Explanation:Any transfer or remittance abroad requires prior approval from Bangladesh Bank.
  20. What is the meaning of “foreign exchange control”?
    Answer:Government regulation of currency exchange and foreign payments.
    Explanation:It ensures balance-of-payment stability and prevents illegal forex movement.
  21. Which section deals with restrictions on payments?
    Answer:Section 4
    Explanation:Section 4 prohibits unauthorized payments to non-residents.
  22. Which section restricts the export and import of currency?
    Answer:Section 8
    Explanation:Section 8 imposes restrictions on import/export of currency and securities.
  23. Who has the power to issue general or special permission under this Act?
    Answer:Bangladesh Bank
    Explanation:The central bank can grant general or specific permission for transactions.
  24. What is the meaning of “Bangladesh currency” under the Act?
    Answer:Notes, coins, or instruments expressed in Bangladeshi Taka.
    Explanation:Domestic legal tender used for payments within Bangladesh.
  25. Can foreign nationals open bank accounts in Bangladesh freely?
    Answer:No, they need Bangladesh Bank approval.
    Explanation:Foreigners require permission to open or operate local or foreign currency accounts.
  26. What is the penalty for unauthorized dealings in foreign exchange?
    Answer:Imprisonment up to 2 years or fine, or both.
    Explanation:Section 23 prescribes punishment for anyone dealing in foreign exchange without authority.
  27. What is the main focus of Section 3 of the FER Act?
    Answer:Restrictions on dealing in foreign exchange without authorization.
    Explanation:Section 3 forms the foundation of foreign exchange control under the Act.
  28. What is prohibited under Section 4 of the FER Act?
    Answer:Unauthorized payments to or for the credit of non-residents.
    Explanation:Section 4 restricts making payments outside Bangladesh without permission.
  29. Which section deals with acquisition of foreign exchange?
    Answer:Section 5
    Explanation:Section 5 regulates acquisition and holding of foreign exchange by residents.
  30. Who has the authority to inspect foreign exchange accounts?
    Answer:Bangladesh Bank
    Explanation:The central bank can inspect and verify foreign exchange transactions for compliance.
  31. What is meant by “bearer certificate” in foreign securities?
    Answer:A certificate payable to whoever holds it, not in a specific name.
    Explanation:Bearer certificates are transferable by delivery and are subject to control.
  32. What does the FER Act regulate?
    Answer:Foreign exchange, securities, payments, and import/export of currency.
    Explanation:It provides the legal framework for controlling international financial transactions.
  33. What is the penalty for false statements under the Act?
    Answer:Fine or imprisonment for making false declarations.
    Explanation:Section 23(1)(b) punishes false information in foreign exchange matters.
  34. What is the purpose of Section 12(1)?
    Answer:To ensure export proceeds are repatriated to Bangladesh.
    Explanation:Exporters must bring foreign earnings into the country within the prescribed period.
  35. Which section controls the export of goods and payments?
    Answer:Section 12
    Explanation:Section 12 imposes control on export payments and their timely repatriation.
  36. What is meant by “foreign controlled company”?
    Answer:A company owned or controlled by non-residents or foreign nationals.
    Explanation:Such companies are subject to additional exchange control scrutiny.
  37. Can a person acquire foreign currency without permission?
    Answer:No
    Explanation:Section 5 restricts acquisition or holding of foreign currency without approval.
  38. What does “holding of foreign exchange” mean?
    Answer:Possession of foreign currency or securities.
    Explanation:Residents must declare and obtain permission to hold or retain foreign exchange.
  39. What are the responsibilities of authorized dealers?
    Answer:To follow Bangladesh Bank’s instructions in handling foreign exchange.
    Explanation:Dealers must report, record, and comply with all exchange control directives.
  40. Who can issue licenses for foreign currency holdings?
    Answer:Bangladesh Bank
    Explanation:The central bank grants specific permissions or licenses to hold or retain forex.
  41. What does Section 12(2) deal with?
    Answer:Requirement for exporters to submit documents and declarations to banks.
    Explanation:Ensures monitoring of export-related foreign exchange inflows.
  42. What is required for opening a foreign currency account?
    Answer:Permission from Bangladesh Bank.
    Explanation:Residents must get approval before opening or maintaining such accounts.
  43. Which government department implements FER Act rules?
    Answer:The Ministry of Finance (through Bangladesh Bank).
    Explanation:Bangladesh Bank executes policies under the supervision of the Finance Ministry.
  44. What is the meaning of “import of currency”?
    Answer:Bringing foreign or local currency into Bangladesh.
    Explanation:Importing currency requires declaration and, sometimes, prior permission.
  45. What is prohibited under Section 5 of the Act?
    Answer:Unauthorized acquisition or borrowing of foreign exchange.
    Explanation:Residents must not acquire foreign exchange unless permitted.
  46. What is the meaning of “foreign exchange” under Section 2?
    Answer:Instruments expressed or payable in foreign currency.
    Explanation:Includes bank drafts, traveler’s cheques, letters of credit, and bills of exchange.
  47. What is the purpose of Section 8?
    Answer:To regulate export and import of currency, bullion, and securities.
    Explanation:Section 8 ensures that movements of currency across borders are monitored.
  48. Which section controls dealings in foreign securities?
    Answer:Section 7
    Explanation:Section 7 restricts purchase, sale, or transfer of foreign securities without permission.
  49. What is the power of inspection under Section 19?
    Answer:Bangladesh Bank can inspect books, accounts, and documents of dealers.
    Explanation:This ensures compliance with the Act’s provisions.
  50. What is the punishment for contravention of this Act?
    Answer:Imprisonment, fine, or both as prescribed under Section 23.
    Explanation:Section 23 outlines penalties for violations, such as unauthorized dealings or false declarations.
  51. Can a person hold foreign securities without permission?
    Answer:No
    Explanation:Section 7 prohibits holding or transferring foreign securities without Bangladesh Bank’s approval.
  52. What is the role of Bangladesh Bank in foreign exchange control?
    Answer:To supervise, regulate, and authorize all foreign exchange transactions.
    Explanation:Bangladesh Bank ensures compliance with national exchange control policy.
  53. What is the purpose of licensing authorized dealers?
    Answer:To ensure only approved institutions handle foreign exchange.
    Explanation:It prevents illegal or unauthorized forex dealings.
  54. Can a company remit profits abroad freely?
    Answer:No, prior approval from Bangladesh Bank is required.
    Explanation:Remittance of profits or dividends to foreign shareholders is regulated under the Act.
  55. What permission is needed to invest abroad?
    Answer:Approval from Bangladesh Bank and the Government.
    Explanation:Foreign investments by residents are restricted unless approved.
  56. What is Section 13 of the Act concerned with?
    Answer:Restrictions on transfer of securities to non-residents.
    Explanation:It ensures control over ownership changes that may affect foreign reserves.
  57. What is required for exporting currency notes?
    Answer:Permission from Bangladesh Bank.
    Explanation:Exporting any currency (foreign or local) requires central bank approval under Section 8.
  58. What is Section 22 related to?
    Answer:Power to make rules for carrying out the provisions of the Act.
    Explanation:It authorizes the Government to frame detailed rules for implementation.
  59. Who can make rules under this Act?
    Answer:The Government of Bangladesh.
    Explanation:Rules framed by the Government help execute the objectives of the Act.
  60. What is Section 23A about?
    Answer:Offences by companies and their liability.
    Explanation:It states that company directors or officers may be liable for violations.
  61. What is Section 24 concerned with?
    Answer:Power to make exemptions from the Act.
    Explanation:The Government may exempt certain transactions or classes of persons from restrictions.
  62. Can appeals be made under the FER Act?
    Answer:Yes
    Explanation:The Act provides for appeals against decisions or penalties imposed under it.
  63. What is the appeal provision under Section 23B?
    Answer:It allows an aggrieved person to appeal to the higher authority or court.
    Explanation:Section 23B outlines the procedure for appeal against penalties.
  64. Which court tries offences under this Act?
    Answer:The Court of a Magistrate of the First Class.
    Explanation:Such courts have jurisdiction to try offences under the Act.
  65. Can offences under FER Act be compounded?
    Answer:Yes, with the permission of Bangladesh Bank.
    Explanation:Some offences can be settled by payment of a penalty instead of prosecution.
  66. What is the objective of Section 18?
    Answer:To empower authorities to search and seize evidence of contravention.
    Explanation:It supports enforcement by allowing inspection and investigation.
  67. What are the powers of investigation under the Act?
    Answer:To inspect, demand documents, and question individuals.
    Explanation:Bangladesh Bank and authorized officers can investigate suspected violations.
  68. Who can inspect foreign exchange transactions?
    Answer:Bangladesh Bank or an officer authorized by it.
    Explanation:Only designated officials may perform inspections.
  69. What are the reporting obligations of authorized dealers?
    Answer:To submit periodic reports to Bangladesh Bank on forex transactions.
    Explanation:Regular reporting ensures transparency and compliance.
  70. What is the role of the government in the FER Act?
    Answer:To make policies, issue rules, and oversee enforcement.
    Explanation:The government, through the Finance Ministry, coordinates with Bangladesh Bank.
  71. What is the penalty for violation under Section 23(1)?
    Answer:Fine up to twice the value of the foreign exchange involved, or imprisonment.
    Explanation:Penalties depend on the nature and extent of the contravention.
  72. What is “contravention” under the Act?
    Answer:Any act or omission violating the Act or rules made under it.
    Explanation:Includes unauthorized dealings, false statements, or non-reporting.
  73. Can search and seizure be conducted under this Act?
    Answer:Yes
    Explanation:Authorized officers may search premises and seize documents under Section 19.
  74. What does Section 19A specify?
    Answer:Power of Bangladesh Bank to call for information from any person.
    Explanation:Ensures the central bank can obtain data for enforcement and monitoring.
  75. What type of control is exercised under FER Act?
    Answer:Exchange control over foreign payments, securities, and transactions.
    Explanation:Aims to manage foreign reserves and regulate international financial flows.
  76. What is the penalty for false declarations?
    Answer:Imprisonment, fine, or both under Section 23.
    Explanation:Giving false information or declarations related to foreign exchange is a punishable offence.
  77. What is the purpose of Section 20?
    Answer:To protect officers acting in good faith under the Act.
    Explanation:It provides legal protection to officials for actions taken honestly during enforcement.
  78. Who enforces compliance with foreign exchange laws?
    Answer:Bangladesh Bank and authorized government officers.
    Explanation:They monitor, inspect, and penalize violations under the FER Act.
  79. Can the government delegate powers to Bangladesh Bank?
    Answer:Yes
    Explanation:The Government can delegate powers to the Bangladesh Bank for effective administration.
  80. What is the scope of Section 21?
    Answer:Power to give directions to authorized dealers.
    Explanation:Bangladesh Bank can issue binding instructions to dealers for compliance.
  81. What is the main aim of exchange control regulations?
    Answer:To conserve foreign exchange and stabilize the economy.
    Explanation:Exchange control ensures proper utilization of foreign reserves.
  82. What is Section 23(2) about?
    Answer:Procedure for recovery of penalties.
    Explanation:It allows fines imposed under the Act to be recovered as arrears of land revenue.
  83. Can the government exempt transactions from the Act?
    Answer:Yes, under Section 24.
    Explanation:The Government can issue exemption orders for specific persons or classes of transactions.
  84. What is the role of authorized money changers?
    Answer:To buy and sell foreign currency as permitted by Bangladesh Bank.
    Explanation:They operate under licenses and are subject to strict reporting requirements.
  85. Is transfer of securities abroad restricted?
    Answer:Yes
    Explanation:Section 7 restricts transfer of foreign securities without Bangladesh Bank approval.
  86. What are the offences under this Act?
    Answer:Unauthorized foreign exchange dealings, false declarations, and failure to report transactions.
    Explanation:All acts violating the provisions or rules of the FER Act constitute offences.
  87. What is required to repatriate export proceeds?
    Answer:Exporter must bring foreign currency earnings into Bangladesh within the prescribed time.
    Explanation:Section 12 ensures repatriation of export proceeds to conserve foreign reserves.
  88. What is the power of Bangladesh Bank to inspect dealers?
    Answer:It can inspect books, records, and transactions of authorized dealers.
    Explanation:Section 19 gives the central bank oversight power to verify compliance.
  89. Can an exporter keep foreign currency abroad?
    Answer:No, unless permitted by Bangladesh Bank.
    Explanation:Exporters must surrender foreign earnings to local banks as per the Act.
  90. What does Section 18A refer to?
    Answer:Power to obtain information or evidence from any person.
    Explanation:Bangladesh Bank or authorized officers can require statements or evidence for investigation.
  91. Can a person open a foreign account without approval?
    Answer:No
    Explanation:Opening or maintaining a foreign account requires Bangladesh Bank’s permission.
  92. What is the effect of contravention on transactions?
    Answer:Transactions become void or invalid.
    Explanation:Unauthorized transactions under the Act are legally unenforceable.
  93. What is the power of seizure of documents?
    Answer:Authorized officers may seize documents or materials related to violations.
    Explanation:Ensures that evidence of illegal transactions can be lawfully secured.
  94. What is meant by “foreign exchange transaction”?
    Answer:Any dealing involving foreign currency or instruments payable in foreign currency.
    Explanation:Includes buying, selling, transferring, or remitting foreign exchange.
  95. What is the significance of Section 11?
    Answer:It deals with restrictions on issue of bearer securities.
    Explanation:Prevents misuse of bearer instruments for foreign transactions.
  96. What are the control measures on capital transfers?
    Answer:Permission is required for investment, loans, or asset transfers abroad.
    Explanation:Helps control capital outflow and maintain balance of payments.
  97. What is the purpose of Section 10?
    Answer:To control payments between residents and non-residents.
    Explanation:Ensures that all international payments comply with exchange control rules.
  98. What is meant by “remittance”?
    Answer:Transfer of money or funds from one country to another.
    Explanation:Remittances must be made through authorized channels under the Act.
  99. What is the difference between foreign exchange and foreign currency?
    Answer:

Foreign exchange: Includes all instruments payable in foreign currency (drafts, cheques, etc.).

Foreign currency: Refers to actual notes and coins of another country.
Explanation: Foreign exchange is a broader term covering both physical and non-physical forms.

  1. What is the long title of the Foreign Exchange Regulation Act, 1947?
    Answer:“An Act to regulate certain payments, dealings in foreign exchange and securities, and the import and export of currency and bullion.”
    Explanation:The long title defines the purpose and scope of the Act as per its introduction.