External Commercial Borrowings (ECBs) refer to the loans availed by companies, financial institutions, or individuals from foreign sources. These borrowings are a crucial source of funds for businesses, helping them meet their capital expenditure requirements or to fund expansion plans.
ECBs can take various forms, such as loans, buyers' credit, suppliers' credit, and securitized instruments like floating-rate notes and fixed-rate bonds.
The procedures for accessing External Commercial Borrowings (ECBs) in India can be broadly categorized into two routes: the Automatic Route and the Approval Route.
Automatic Route: Under the Automatic Route, eligible borrowers can access ECBs without prior approval from the regulatory authorities. This route is streamlined for certain types of borrowers and specific end-uses. Here's an overview:
Eligible borrowers: Corporates (registered under the Companies Act except financial intermediaries (such as banks, financial institutions (FIs), housing finance companies, and NBFCs) are eligible to raise ECB. Individuals, Trusts, and Non-Profit Organisations are not eligible to raise ECB.
Non-Government Organisations (NGOs) engaged in microfinance activities are eligible to avail ECB.
Units in Special Economic Zones (SEZ) are allowed to raise ECB for their requirement.
Eligible Lenders: Borrowers can raise ECB from internationally recognized sources such as international banks, international capital markets, multilateral financial institutions (such as IFC, ADB, CDC, etc.), export credit agencies, suppliers of equipment, foreign collaborators, and (vii) foreign equity holders.
Overseas organizations and a particular individual can also provide ECB to NGOs engaged in microfinance activities, provided that they comply with multiple safeguards.
Amount and Maturity: The maximum amount of ECB that can be raised by a corporation is USD 500 million or equivalent during a financial year.
ECB up to USD 20 million or equivalent in a financial year with a minimum average maturity of three years
ECB above USD 20 million and up to USD 500 million or equivalent with a minimum average maturity of five years.
NGOs engaged in microfinance activities can raise ECB 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.
ECB up to USD 20 million can have a call/put option provided the minimum average maturity of 3 years is complied with before exercising the call/put option.
End-use: The Automatic Route is usually available for specific end-uses such as:
Import of capital goods.
New project or capacity expansion.
Modernization of existing facilities.
Refinancing of existing ECBs.
Rupee expenditure for permissible purposes.
Conditions: Borrowers must comply with sectoral caps, permissible end-use, and other guidelines specified by the regulatory authorities.
Reporting Requirements: Borrowers are required to submit periodic reports on the utilization of funds to the Reserve Bank of India (RBI) or the relevant regulatory authority.
Approval Route: Under the Approval Route, borrowers need to obtain prior approval from the regulatory authorities before accessing ECBs. This route is generally applicable to cases that do not meet the criteria for the Automatic Route. Here's an overview:
Eligible borrowers: Under the Approval Route for accessing External Commercial Borrowings (ECBs) in India, the eligible borrowers include:
Financial institutions dealing exclusively with infrastructure or export finance such as IDFC, IL&FS, Power Finance Corporation, Power Trading Corporation, IRCON, and EXIM Bank.
Domestic rupee-denominated structured obligations, which are permitted to be credit-enhanced by international credit rating agencies.
Companies under investigation by the Reserve Bank of India (RBI).
Lenders: Borrowers can raise ECB from internationally recognized sources such as international banks, international capital markets, multilateral financial institutions (such as IFC, ADB, CDC, etc.), export credit agencies, suppliers of equipment, foreign collaborators, and foreign equity holders (other than erstwhile OCBs).
Amount: Corporates can avail of ECB of an additional amount of USD 250 million with an 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.
Conditions: Each application is considered on a case-by-case basis, and approval is granted based on factors like the creditworthiness of the borrower and the purpose of borrowing.
Reporting: Borrowers under the Approval Route may be subject to more stringent reporting requirements to ensure compliance with approved terms and conditions.
The Reserve Bank has set up an Empowered Committee to consider proposals coming under the Approval Route.
In summary, the Automatic Route is a simpler and faster process for raising ECBs, while the Approval Route involves more scrutiny and is typically used for larger or more complex transactions.
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