External Commercial Borrowings (ECB) and Trade Credits (TC) Policy – Changes due to LIBOR transition - FEMA - 19

RBI/2021-22/135 A.P. (DIR Series) Circular No. 19 December 08, 2021 To All Category-I Authorised Dealer Banks Madam / Sir, External Commercial Borrowings (ECB) and Trade Credits (TC) Policy Changes due to LIBOR transition Please refer to paragraph 3 of the Governor s Statement on Developmental and Regulatory Policies dated December 08, 2021. In this connection, attention of Authorised Dealer Category-I (AD Category-I) banks is invited to paragraph 1.5, 2.1.vi. and 14.vi. of the of Master Direction No.5 dated March 26, 2019 , on External Commercial Borrowings, Trade Credits and Structured Obligations , prescribing the benchmark rates and the maximum spread over benchmark for calculating the all-in-cost for foreign currency (FCY) ECBs and TCs. 2. In view of the imminent discontinuance of LIBOR as a benchmark rate, it has been decided, in consultation with stakeholders, to make the following changes to the all-in-cost benchmark and ceiling for FCY ECBs/ TCs: i. Redefining Benchmark Rate for FCY ECBs and TCs : Currently, the benchmark rate is defined in paragraph 1.5 of the master direction as benchmark rate in case of FCY ECB/TC refers to 6-months LIBOR rate of different currencies or any other 6-month interbank interest rate applicable to the currency of borrowing, e.g., EURIBOR . Henceforth, benchmark rate in case of FCY ECB/TC shall refer to any widely accepted interbank rate or alternative reference rate (ARR) of 6-month tenor, applicable to the currency of borrowing. ii. Change in all-in-cost ceiling for new ECBs/ TCs: To take into account differences in credit risk and term premia between LIBOR and the ARRs, the all-in-cost ceiling for new FCY ECBs and TCs has been increased by 50 bps to 500 bps and 300 bps, respectively, over the benchmark rates. iii. One Time Adjustment in all-in-cost ceiling for existing ECBs/ TCs : To enable smooth transition of existing ECBs/ TCs linked to LIBOR whose benchmarks are changed to ARRs, the all-in cost ceiling for such ECBs/ TCs has been revised upwards by 100 basis points to 550 bps and 350 bps, respectively, over the ARR. AD Category-I banks must ensure that any such revision in ceiling is only on account of transition from LIBOR to alternative benchmarks. 3. There is no change in the all-in-cost benchmark and ceiling for INR ECBs/ TCs. 4. All other provisions of the ECB/ TC policy remain unchanged. AD Category-I banks should bring the contents of this circular to the notice of their constituents/ customers. 5. The Master Direction No. 5 dated March 26, 2019 , is being updated to reflect the changes. 6. The directions contained in this circular have been issued under section 10(4) and 11(2) of the Foreign Exchange Management Act, 1999 (42 of 1999) and are without prejudice to permissions/ approvals, if any, required under any other law. Yours faithfully Ajay Kumar Misra Chief General Manager-in-Charge