Professional Documents
Culture Documents
Report
On
Prepared by
Manisha P Pipaliya
Submitted to:
Mr. Hiren K Patel
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Index
3 Format of information 16
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External Commercial Borrowing
External Commercial Borrowing (ECB) refers to commercial loans [in the form
of bank loans, buyers’ credit, suppliers’ credit, securitized instruments (e.g.
floating rate notes and fixed rate bonds)] availed from non-resident lenders
with minimum average maturity of 3 years.
2. Buyers credit
3. Suppliers credit
4. Securitized instruments such as floating rate notes, fixed rate bonds etc.
Applicants are free to raise ECB from any internationally recognized source
like:
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a. Banks
c. Suppliers of equipment
d. Foreign collaborations
ECB can be accessed under two routes, viz., (1) Automatic Route
outlined (2) Approval Route
ECB for investment in real sector -industrial sector, especially
infrastructure sector-in India, are under Automatic Route, i.e. do not
require RBI / Government approval. In case of doubt as regards
eligibility to access Automatic Route, applicants may take recourse to
the Approval Route.
1. AUTOMATIC ROUTE
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(b) Units in Special Economic Zones (SEZ) are allowed to raise ECB for their
own requirement. However, they cannot transfer or on-lend ECB funds to
sister concerns or any unit in the Domestic Tariff Area.
Borrowers can raise ECB from internationally recognized sources such as (i)
international banks, (ii) international capital markets, (iii) multilateral financial
institutions (such as IFC, ADB, CDC, etc.,), (iv) export credit agencies, (v)
suppliers of equipment, (vi) foreign collaborators and (vii) foreign equity
holders (other than erstwhile OCBs). A "foreign equity holder" to be eligible as
“recognized lender” under the automatic route would require minimum holding
of equity in the borrower company as set out below:
(i) For ECB up to USD 5 million - minimum equity of 25 per cent held directly
by the lender,
(ii) For ECB more than USD 5 million - minimum equity of 25 per cent held
directly by the lender and debt-equity ratio not exceeding 4:1 (i.e. the
proposed ECB not exceeding four times the direct foreign equity holding).
(a) The maximum amount of ECB which can be raised by a corporate is USD
500 million or equivalent during a financial year.
(b) ECB up to USD 20 million or equivalent in a financial year with minimum
average maturity of three years.
(c) ECB above USD 20 million and up to USD 500 million or equivalent with a
minimum average maturity of five years.
(d) ECB up to USD 20 million can have call/put option provided the minimum
average maturity of three years is complied with before exercising call/put
option.
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iv) All-in-cost ceilings
The all-in-cost ceilings for ECB are reviewed from time to time. The following
ceilings are valid till reviewed:
v) End-use
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(b) Utilization of ECB proceeds is not permitted in real estate,
(c ) Utilization of ECB proceeds is not permitted for working capital,
general corporate purpose and repayment of existing Rupee loans.
vii) Guarantees
viii) Security
ECB raised for foreign currency expenditure for permissible end-uses shall be
parked overseas and not to be remitted to India. ECB proceeds parked
overseas can be invested in the following liquid assets (a)deposits or
Certificate of Deposit or other products offered by banks rated not less than
AA(-) by Standard and Poor/Fitch IBCA or Aa3 by Moody’s; (b)deposits with
overseas branch of an Authorised Dealer in India; and (c)Treasury bills and
other monetary instruments of one year maturity having minimum rating as
indicated above. The funds should be invested in such a way that the
investments can be liquidated as and when funds are required by the
borrower in India.
x) Prepayment
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Prepayment of ECB up to USD 500 million may be allowed by AD banks
without prior approval of RBI subject to compliance with the stipulated
minimum average maturity period as applicable to the loan.
The existing ECB may be refinanced by raising a fresh ECB subject to the
condition that the fresh ECB is raised at a lower all-in-cost and the
outstanding maturity of the original ECB is maintained.
xiii) Procedure
Borrowers may enter into loan agreement complying with ECB guidelines with
recognised lender for raising ECB under Automatic Route without prior
approval of RBI. The borrower must obtain a Loan Registration Number
(LRN) from the Reserve Bank of India before drawing down the ECB. The
procedure for obtaining LRN is detailed in para II (i) (b).
2. APPROVAL ROUTE
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I) Eligible Borrowers
b) Banks and financial institutions which had participated in the textile or steel
sector restructuring package as approved by the Government are also
permitted to the extent of their investment in the package and assessment by
Reserve Bank based on prudential norms. Any ECB availed for this purpose
so far will be deducted from their entitlement.
e) Special Purpose Vehicles, or any other entity notified by the Reserve Bank,
set up to finance infrastructure companies / projects exclusively, will be
treated as Financial Institutions and ECB by such entities will be considered
under the Approval Route.
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g) Corporates engaged in industrial sector and infrastructure sector in India
can avail ECB for Rupee expenditure for permissible end-uses.
Cases falling outside the purview of the automatic route limits and maturity
period indicated at paragraph I A (iii).
(a) Borrowers can raise ECB from internationally recognized sources such as
(i) international banks, (ii) international capital markets, (iii) multilateral
financial institutions (such as IFC, ADB, CDC etc.,), (iv) export credit
agencies, (v) suppliers' of equipment, (vi) foreign collaborators and (vii)
foreign equity holders (other than erstwhile OCBs).
(b) From 'foreign equity holder' where the minimum equity held directly by the
foreign equity lender is 25 per cent but debt-equity ratio exceeds 4:1(i.e. the
proposed ECB exceeds four times the direct foreign equity holding).
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(c) Overseas organizations and individuals complying with following
safeguards may provide ECB to Non-Government Organizations (NGOs)
engaged in micro finance activities.
(I) That the lender maintains an account with the bank for at least a period of
two years,
(ii) That the lending entity is organized as per the local law and held in good
esteem by the business/local community and
(a) Corporate can avail of ECB of an additional amount of USD 250 million with
average maturity of more than 10 years under the approval route, over and
above the existing limit of USD 500 million under the automatic route, during a
financial year. Other ECB criteria such as end-use, all-in-cost ceiling,
recognised lender, etc. need to be complied with. Prepayment and call/put
options, however, would not be permissible for such ECB up to a period of 10
years.
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(b) Corporate in infrastructure sector {as defined in paragraph 1(A) (v) (a)} can
avail ECB up to USD 100 million and corporate in industrial sector can avail
ECB up to USD 50 million for Rupee capital expenditure for permissible end-
uses within the overall limit of USD 500 million per borrower, per financial year,
under Automatic Route.
(c) NGOs engaged in micro finance activities can raise ECB up to USD 5
million during a financial year. Designated AD bank has to ensure that at the
time of drawdown the forex exposure of the borrower is hedged.
(d) Corporate in the services sector viz. hotels, hospitals and software companies
can avail ECB up to USD 100 million, per borrower, per financial year, for import
of capital goods.
All-in-cost includes rate of interest, other fees and expenses in foreign currency
except commitment fee, pre-payment fee, and fees payable in Indian Rupees.
Moreover, the payment of withholding tax in Indian Rupees is excluded for
calculating the all-in-cost.The current all-in-cost ceilings are as under:
v) End-use
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medium enterprises (SME) and infrastructure sector - in India. Infrastructure
sector is defined as (i) power, (ii) telecommunication, (iii) railways, (iv) road
including bridges, (v) sea port and airport (vi) industrial parks and (vii) urban
infrastructure (water supply, sanitation and sewage projects);
vii) Guarantee
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Indian Textile industry, issue of guarantees, standby letters of credit, letters of
undertaking and letters of comfort by banks in respect of ECB by textile
companies for modernization or expansion of textile units will be considered
under the Approval Route subject to prudential norms.
viii) Security
ECB raised for foreign currency expenditure for permissible end-uses shall be
parked overseas and not remitted to India and ECB raised for Rupee
expenditure for permissible end-uses shall be parked overseas until actual
requirement in India. ECB proceeds parked overseas can be invested in the
following liquid assets (a) deposits or Certificate of Deposit or other products
offered by banks rated not less than AA (-) by Standard and Poor/Fitch IBCA
or Aa3 by Moody’s; (b) deposits with overseas branch of an AD bank in India;
and (c) Treasury bills and other monetary instruments of one year maturity
having minimum rating as indicated above. The funds should be invested in
such a way that the investments can be liquidated as and when funds are
required by the borrower in India.
x) Prepayment
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(a) Prepayment of ECB up to USD 500 million may be allowed by the AD
bank without prior approval of Reserve Bank subject to compliance with
the stipulated minimum average maturity period as applicable to the loan.
(b) Pre-payment of ECB for amounts exceeding USD 500 million would be
considered by the Reserve Bank under the Approval Route
xiii) Procedure
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1. (i) Name of the Company;
(ii) Private Sector/Joint Sector/Public Sector, etc.
(iii) Activities, in brief :
2. In case (i) is a subsidiary, then name of the Group Company
3. (i) Name of the Project :
(ii) Whether new/expansion/up gradation
4. Location of the project (Address) :
5. Total Project cost ;
(i) in USD equivalent
(ii) in Rs. crores
6. Overall financing plan : USD Million Rs. crore
(i) Debt
Domestic: Commercial Banks
Financial Institutions
Others (please specify)
Foreign : Loans
FRNs/Bonds
FCCBs
Others
(ii) Equity
Domestic: Promoter's
Public
Corporate
Financial Institutions
Others (please specify)
Foreign : Promoter's
Others (please specify)
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8. Amount of ECB proposed to be availed :
(i) In Foreign Currency
(ii) In USD equivalent
9. Nature of ECB :
(i) Supplier's Credit
(ii) Buyer's Credit
(iii) Syndicated Loan
(iv) Export Credit
(v) Loan from foreign collaborator/equity-holder
(vi) FRN/Bonds
(vii) Others (please specify)
10. Name of Lender/Supplier :
11. Terms and Conditions in brief :
(i) Rate of Interest
(ii) All-in-cost
(iii) Repayment schedule
(iv) Average maturity
12. Purpose of raising ECB :
(i) For financing capital goods (please attach a list of the items :
a. Imports
b. Indigenous
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(ii) Total debt to total equity ratio :
(iii) Total ECB as a percentage of total Project cost :
16. Export performance of the Company (in USD equivalent; with evidence) if
any :(i) During current and last 3 years;
17. ECB availed by the Company during the current and the last 3 year :
18. ECB availed by other Group Companies during the current and the last 3
year ;
Place:
Authorized signatory
(Name of the Company)
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(a) “NTPC is in advanced stage of negotiations for loans amounting to $1.2
billion with various multilateral and bilateral funding agencies such as
JBIC, ADB and NIB and the revised ECB guidelines are likely to impact
not only these arrangements but NTPC’s future borrowing programme as
well,” Mr Sankaralingam said. Domestic borrowings are being pegged at
Rs45,199 crore while external commercial borrowings (ECB) are being
tentatively pegged at Rs60,309 crore
(b) Oil and Natural Gas Corporation (ONGC) plans to tap the external
commercial borrowing (ECB) route to raise funds to acquire oil equity
abroad through its subsidiary ONGC Videsh (OVL). Sources said ONGC
has an investment commitment of around Rs 20,000 crore in overseas
projects through OVL. The largest profit-making oil production major is
currently working on various possibilities, including ECB, to meet its future
investment needs. “Although it is at a premature level, one can expect that
about 50 per cent of the total investment needs will be generated from the
ECB route. Given the oil major’s international reputation, it will not be a
problem to fulfill its needs,” a senior ONGC official said.
(c) Public sector company SCI, which has already placed orders for 32 ships
worth $1.87 billion, will now be inviting bids for its $3 billion order of 40
ships. “Though the liquidity crunch has affected the borrowing rate, we’ll
able to sustain the orders. We plan to 25% through internal accruals and
rest 75% through external commercial borrowings (ECB),” said S Hajara,
chairman & MD, SCI. The company, however, has spread out the period
of the order over three years (2008-11).
(d) “None of the public sector oil companies, including BPCL, are facing any
kind of liquidity problem,” Mr. Pandey (official) told. “BPCL has informed
that out of the current ECB level of $300 million, around $100 million is
due for repayment in October 2009 and the balance in March 2012,”
(e) Heavy Engineering Corp, BHEL to start joint venture ... ($452.4 million)
through external commercial borrowing (ECB) or bond issue
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(f) SAIL has charted out capex plans of Rs 37,000 crore for scaling up its
capacity to 22 million tonnes per annum (mtpa) from the current level of
14 mtpa over the next five years. The company is looking to raise money
from overseas market through external commercial borrowing (ECB) to
part finance this project.
(g) Mr R.K. Goel, Director (Finance) GAIL, said that expanding the pipeline
infrastructure to 12,000 km will cost about Rs 20,000 crore by 2011-12.
“Of the total borrowings of Rs 6,000-7,000 crore, around 30 per cent will
be through foreign loans and remaining through the domestic market,” He,
however, said that if the Government relaxes the external commercial
borrowings (ECB) norms for public sector undertakings, the company may
consider raising 40 per cent through this route.
(h) Refining major, Hindustan Petroleum Corporation has signed an
agreement to raise Japanese yen equivalent of $200 million through the
external commercial borrowings route.
(i) In 2008-09, the National Aviation Company of India Ltd, the government-
owned company formed after the merger of Air India and Indian Airlines,
was supposed to raise Rs 9,572.42 crore (Rs 95.72 billion) from internal
resources and external commercial borrowings
(j) Bharat Sanchar Nigam Ltd (BSNL) hopes to raise Rs3, 000 crore from
debt market to part-finance its cellular, wireless-in- local-loop, broadband
and international long-distance (ILD) projects. BSNL may go for a
combination of rupee loans and foreign debt through the external
commercial borrowing (ECB). The board.
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Modified (and liberalized?) guidelines
On 29th May 2008 a few decisions were made which came into effect
immediately. At present, borrowers proposing to avail ECB up to USD 20
million for rupee expenditure for permissible end-uses require prior approval
of the Reserve Bank under the Approval Route.
Three years and up to five years 150 bps (Existing) 200 bps
(Revised)
More than five years 250 bps (Existing) 350 bps (Revised)
The above changes will apply to ECB both under the automatic route and the
approval route.
Under the modified ECB guidelines, borrowers in the services sector are not
eligible to avail ECB under the Automatic Route. The government decided on
2 June 2008 to allow entities in the service sector viz. hotels, hospitals and
software companies to avail ECB up to USD 100 million, per financial year, for
the purpose of import of capital goods under the Approval Route. All other
aspects of ECB policy shall remain unchanged.
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The RBI also clarified that the existing guidelines on trade credit, allowing
companies including those in the services sector, to avail trade credit up to
USD 20 million per import transaction, for a period less than 3 years, for
import of capital goods, shall continue.
Bibliography
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(a) http://iic.nic.in/iic3_f24.htm
(b) http://www.moneycontrol.com/india/news/economy/ecb-norms-for-
core-sector-raised-to-36500m/12/37/357665
(c) http://www.domainb.com/companies/companies_n/National_Thermal_
Power/20080826_overseas_bonds.html
(d) http://www.ongcvidesh.com/display1.asp?fol_name=News&file_name=
news76&get_pic=ovl_news&p_title=&curr_f=76&tot_file=156
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