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
- 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. - What is the full form of FER Act?
✅ Answer:Foreign Exchange Regulation Act
Explanation:The abbreviation FER stands for Foreign Exchange Regulation. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - Who appoints authorized dealers in foreign exchange?
✅ Answer:Bangladesh Bank
Explanation:The central bank issues authorization to commercial banks and institutions. - Can any person deal in foreign exchange without permission?
✅ Answer:No
Explanation:Only authorized dealers may conduct such transactions legally under Section 3. - Which section prohibits unauthorized dealings in foreign exchange?
✅ Answer:Section 3
Explanation:Section 3 restricts dealing in foreign exchange without permission. - 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. - Which Act controls payments outside Bangladesh?
✅ Answer:The Foreign Exchange Regulation Act, 1947
Explanation:It controls remittances, payments, and financial transfers abroad. - 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. - 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. - What is meant by “export of currency”?
✅ Answer:Taking currency or securities out of Bangladesh.
Explanation:Controlled under Section 8 to prevent capital flight. - Is remittance of money abroad without permission allowed?
✅ Answer:No
Explanation:Any transfer or remittance abroad requires prior approval from Bangladesh Bank. - 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. - Which section deals with restrictions on payments?
✅ Answer:Section 4
Explanation:Section 4 prohibits unauthorized payments to non-residents. - Which section restricts the export and import of currency?
✅ Answer:Section 8
Explanation:Section 8 imposes restrictions on import/export of currency and securities. - 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. - 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. - 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. - 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. - 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. - 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. - Which section deals with acquisition of foreign exchange?
✅ Answer:Section 5
Explanation:Section 5 regulates acquisition and holding of foreign exchange by residents. - 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. - 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. - 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. - 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. - 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. - Which section controls the export of goods and payments?
✅ Answer:Section 12
Explanation:Section 12 imposes control on export payments and their timely repatriation. - 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. - Can a person acquire foreign currency without permission?
✅ Answer:No
Explanation:Section 5 restricts acquisition or holding of foreign currency without approval. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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. - Which section controls dealings in foreign securities?
✅ Answer:Section 7
Explanation:Section 7 restricts purchase, sale, or transfer of foreign securities without permission. - 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. - 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. - Can a person hold foreign securities without permission?
✅ Answer:No
Explanation:Section 7 prohibits holding or transferring foreign securities without Bangladesh Bank’s approval. - 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. - 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. - 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. - What permission is needed to invest abroad?
✅ Answer:Approval from Bangladesh Bank and the Government.
Explanation:Foreign investments by residents are restricted unless approved. - 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. - 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. - 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. - 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. - 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. - 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. - Can appeals be made under the FER Act?
✅ Answer:Yes
Explanation:The Act provides for appeals against decisions or penalties imposed under it. - 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. - 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. - 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. - 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. - 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. - Who can inspect foreign exchange transactions?
✅ Answer:Bangladesh Bank or an officer authorized by it.
Explanation:Only designated officials may perform inspections. - 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. - 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. - 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. - 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. - Can search and seizure be conducted under this Act?
✅ Answer:Yes
Explanation:Authorized officers may search premises and seize documents under Section 19. - 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. - 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. - 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. - 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. - 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. - Can the government delegate powers to Bangladesh Bank?
✅ Answer:Yes
Explanation:The Government can delegate powers to the Bangladesh Bank for effective administration. - 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. - 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. - 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. - 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. - 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. - Is transfer of securities abroad restricted?
✅ Answer:Yes
Explanation:Section 7 restricts transfer of foreign securities without Bangladesh Bank approval. - 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. - 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. - 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. - 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. - 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. - Can a person open a foreign account without approval?
✅ Answer:No
Explanation:Opening or maintaining a foreign account requires Bangladesh Bank’s permission. - What is the effect of contravention on transactions?
✅ Answer:Transactions become void or invalid.
Explanation:Unauthorized transactions under the Act are legally unenforceable. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
- 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.
