APPENDIX III 

Notifications issued by the State Bank of Pakistan

under Foreign Exchange Regulation Act, 1947.

(VII of 1947)

1. Appendix III-1

2. Appendix III-2

3. Appendix III-3

4. Appendix III-4

5. Appendix III-5

6. Appendix III-6

7. Appendix III-7

8. Appendix III-8

9. Appendix III-9

10. Appendix III-10

11. Appendix III-11

12. Appendix III-12

13. Appendix III-13

14. Appendix III-14

15. Appendix III-15

16. Appendix III-16

17. Appendix III-17

18. Appendix III-18

19. Appendix III-19

20. Appendix III-20

21. Appendix III-21

22. Guidelines for calculation of open positions and establishing position limits

23. Annexure

24. Reporting Instructions

Export of jewellery to Acceding States.

In pursuance of sub-section (2) of Section 8 of the Foreign Exchange Regulation Act, 1947, (VII of 1947), the State Bank of Pakistan is pleased to permit any person to take or send out of the Provinces of Pakistan precious stones or jewellery to States which have acceded or accede to Pakistan without limit.

Import of gold and silver in transit.

In pursuance of the Notification of the Government of Pakistan in the Ministry of Finance No.1(2)-ECS-48 dated the 1st July, 1948 (restricting the bringing or sending into the Provinces of Pakistan of gold and silver) and in supersession of the Notification of the State Bank of Pakistan No. F.E. 10/48-SB dated the 1st July, 1948, the State Bank of Pakistan is hereby pleased to give general permission to the bringing or sending of any such gold or silver as is specified in the Government notification referred to, by sea or air into any port in the Provinces of Pakistan, provided the gold or silver is on through transit to a place outside Pakistan and is not removed from the carrying ship or aircraft except for the purpose of transshipment.

Import of India Coin.

In pursuance of the Notification of the Government of Pakistan No. 1(2)-ECS/48 dated the 1st July, 1948, as amended by Notification of the Government of Pakistan No. 1(14) EF/49 dated the 5th November, 1949, the State Bank of Pakistan is pleased to permit any person to bring into the Provinces or the Capital of the Federation from any place outside Pakistan any coin which is legal tender in India not exceeding in all rupees five in value at any one time.

In pursuance of sub-section (1) of Section 4 of the Foreign Exchange Regulation Act, 1947 (VII of 1947), and in supersession of the State Bank of Pakistan Notification No. F.E. 15/48-SB dated the Ist July, 1948, the State Bank of Pakistan is pleased to direct that the prohibition imposed by that sub-section shall not apply to the operation on an account expressed in a foreign currency held in accordance with para 2 of the Government of Pakistan, Ministry of Finance, Notification No. 3(2)4-EF/52 dated the 14th June, 1952, by a foreign national who is, or is resident, in any Province of Pakistan but is not domiciled in Pakistan. 

Payment to the Non-residents.

In pursuance of sub-section (1) of Section 5 of the Foreign Exchange Regulation Act, 1947 (VII of 1947), and in supersession of the State Bank of Pakistan Notification No. F.E. 16/48-SB dated the Ist July, 1948 the State Bank of Pakistan is pleased to direct that the prohibition imposed by clause (a) of that sub-section shall not apply to the making of a payment to or for the credit of a person resident outside Pakistan out of funds held in an account maintained in accordance with the provisions of the Notification of the State Bank of Pakistan No. F.E. 56/53-SB dated the 7th May, 1953.

In exercise of the powers conferred upon it by the Foreign Exchange Regulation Act, 1947 and all other powers in this behalf the State Bank of Pakistan is pleased to order that the following notifications of the Reserve Bank of India that is to say Notifications: -

No. FER A/22/47-RB dated the 8th July, 1947.
No. FER A/23/47-RB dated the 8th July, 1947.
No. FER A/24/47-RB dated the 8th July, 1947 and
No. FER A/36/47-RB dated the 4th November, 1947

shall hereby be cancelled and be deemed to have been cancelled with effect from the 1st July, 1948.

Export of Jewellery.

In exercise of the powers conferred by sub-section (2) of Section 8 of the Foreign Exchange Regulation Act, 1947 (VII of 1947) and in supersession of its Notification No.FE/20/48-SB dated the 1st July, 1948 the State Bank of Pakistan is pleased to permit any person to export out of Pakistan precious stones or jewellery other than articles made wholly or mainly of gold, to any country without limit provided the packet containing the precious stones or jewellery is dispatched in the manner prescribed in the Government of Pakistan Ministry of Finance Notification No.1(6)-ECS/48 dated the 1st July, 1948 and No.1(7)-ECS/48 dated the 1st July, 1948.

In pursuance of the Central Government Notification No.1(8) EF/58 dated the 20th August, 1958 and in supersession of the State Bank of Pakistan Notification No.F.E.52/52-SB dated the 18th September, 1952 the State Bank of Pakistan is pleased to authorise all dealers for the time being authorised by the State Bank of Pakistan to under take foreign exchange business, to purchase foreign exchange for the purpose of the said Notification.

In pursuance of sub-section 1 of Section 4 of the Foreign Exchange Regulation Act, 1947 (VII of 1947) and in supersession of the State Bank of Pakistan Notification No.F.E.56/53-SB dated the 7th May, 1953 the State Bank of Pakistan is pleased to direct that the prohibitions imposed by that sub-section shall not apply to the operation on an account expressed in a foreign currency held in accordance with para 2 of the Government of Pakistan, Ministry of Finance Notification S.R.O. No. 1016 (I)/79 dated the 17^th October, 1979, by a foreign national who is, or is resident, in any Province of Pakistan but is not domiciled in Pakistan.

In pursuance of clause (a) of sub-section (1) of Section 20 of the Foreign Exchange Regulation Act, 1947 (VII of 1947), and in partial modification of the State Bank of Pakistan Notification No.F.E.13/48-SB dated the 1st July, 1948, the State Bank of Pakistan is pleased to direct that a person, other than a person holding any office in the service of Pakistan and residing outside Pakistan for the time being either on duty or on leave, being domiciled in, or a national of Pakistan, who is for the time being resident outside Pakistan, shall, unless otherwise authorized or exempted under the said Act, be treated, for purposes of section 5 of the said Act, as a person resident outside Pakistan, for so long as he is so resident.

In exercise of the powers conferred by section 13 of the Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947), and in supersession of State Bank of Pakistan Notification No. FE.5/91-SB dated the 16^th July, 1991 the State Bank of Pakistan is pleased to give general permission for the doing of the various acts referred to in the said section in respect of Foreign Exchange Bearer Certificates issued under the Foreign Exchange Bearer Certificates Rules, 1985, the U.S. Dollar Bearer Certificates issued under the U.S. Dollar Bearer Certificates Rules, 1991 and Five Years Foreign Currency Bearer Certificates issued under the Five Years Foreign Currency Bearer Certificates Rules, 1992.

Export of precious stones & jewellery.

In pursuance of Sub-Section (2) of Section 8 of the Foreign Exchange Regulation Act, 1947 (VII of 1947), and in supersession of the State Bank of Pakistan Notification No.F.E.2/64-SB, dated the 2nd May, 1964, the State Bank of Pakistan is pleased to permit with effect on and from the 15th day of August, 1985 any person to take at any one time out of Pakistan precious stones or jewellery other than articles made wholly or mainly of gold to the countries specified in the first column of the schedule appended hereto to the extent indicated in the corresponding entries in the second column thereof:

2. Provided that any person other than a person domiciled in Pakistan or India who is returning to his/her own country may take with him/her any precious stones or jewellery brought by him/her into Pakistan without limit if the same had been declared to the Customs Authorities on the prescribed form at the time of his/her arrival in Pakistan and precious stones and jewellery, other than articles made wholly or mainly of gold purchased in Pakistan upto a further Rs.10,000/- in value.

SCHEDULE

In exercise of the powers conferred by sub-section (2) of section 8 of the Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947) and in supersession of State Bank of Pakistan Notification No.FE.4/71-SB dated the 9th December, 1971, the State Bank of Pakistan is pleased to notify that persons taking out of Pakistan jewellery and precious stones under general permission given by the State Bank in this behalf shall, before leaving Pakistan, make a declaration to the Customs Authorities on Form 'CD' appended to this Notification.

FORM 'CD'
Declaration Form to be completed by Persons Leaving Pakistan

(Prescribed under Section 8(2) of the Foreign Exchange Regulation Act, 1947 vide Notification No.FE.4/91-SB dated 26-2-1991).

I (Name in block letters)__________________ hereby declare that at the time of leaving Pakistan, I am in possession of the following jewellery and precious stones:

I declare that the information furnished by me above is correct and in the event of its being not correct, I hold myself liable for such action as may be deemed fit under the Foreign Exchange Regulation Act, 1947.

Export of Currency Notes.

In pursuance of Sub-Section (2) of Section 8 of the Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947) and in supersession of State Bank of Pakistan Notification No.FE.2/91-SB dated the 26th February, 1991, as amended vide Notification No.FE.2/92-SB dated the 10^th November, 1992, the State Bank of Pakistan is pleased to permit as follows: -

(1) Any person may take out from Pakistan to any country other than India, currency notes of the Government of Pakistan and State Bank of Pakistan notes not exceeding in all Rs.3,000.00 (Rupees three thousand only) in value at any one time.

(2) Any person may take out from Pakistan to India currency notes of the Government of Pakistan and State Bank of Pakistan notes not exceeding in all Rs. 500.00 (Rupees five hundred only) in value at any one time.

(3) Any person may take out from Pakistan to Afghanistan, notes and coins which are the currency of Afghanistan without limit.

(4) Currency which has been brought into Pakistan in the safes of vessels or aircraft or which has been taken on board a vessel or aircraft with the permission of the State Bank of Pakistan may be taken out of Pakistan. 

Import of Currency Notes.

In pursuance of Government of Pakistan Notification No.F.1 (8)-EF/49 dated the 2nd May, 1949 and in supersession of the State Bank of Pakistan Notification No.FE.3/92-SB dated the 10th November, 1992, the State Bank of Pakistan is pleased to permit any person to bring into Pakistan : -

(i)                  From any place outside Pakistan any foreign currency notes or bank notes without limit except un-issued notes.

(ii)                Notes legal tender in Pakistan not exceeding Rs. 500.00 (Rupees five hundred only) from India and Rs. 3,000.00 (Rupees three thousand only) from any place other than India, in value in all per person at any one time.

In pursuance of the Government of Pakistan Notification No. 1 (2)-ECS/48, dated the 1^st July, 1948, and in supersession of State Bank of Pakistan Notification No. F. E. 1/89-SB, dated the 2^nd December, 1989, the State Bank of Pakistan is pleased to permit the import of pure gold which also falls under Heading No. 71.08 of the First Schedule to the Customs Act, 1969 (IV of 1969) into Pakistan as accompanied baggage from any place outside Pakistan in accordance with the Import Policy Order as amended from time to time.

In exercise of the powers conferred by sub-section (2) of Section 8 of the Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947), and in supersession of State Bank of Pakistan Notification No. F.E. 1/91-SB dated the 26^th February, 1991, the State Bank of Pakistan is pleased to permit:- 
(a)        Authorized Dealers to send out of Pakistan, cheques, drafts or bills of exchange which have been acquired by them in the normal course of their  business and within the terms of their authorization. 
(b)        Any person maintaining an account expressed in a foreign currency, and held under any permission, general or otherwise, granted by the State Bank of Pakistan to take or send out of Pakistan, cheques or drafts drawn on such account. 
Any person, other than a person to whom foreign exchange is issued for travelling purposes only, to send out of Pakistan foreign exchange issued to him by an Authorized Dealer.
(d) Any person to take out of Pakistan foreign exchange issued to him by   an Authorized Dealer in Pakistan and endorsed on his passport.
(e) Any person not ordinarily resident in Pakistan, to take out of Pakistan the unspent amount of foreign currency brought by him into Pakistan provided the period of his continuous stay in Pakistan does not exceed three months, and
(f) Any person to take out of Pakistan US$ 10,000/- or equivalent thereof in other foreign currencies.

In exercise of the powers conferred by section 23 (3) of the Foreign Exchange Regulation Act, 1947 (VII of 1947) and in supersession of the State Bank of Pakistan Notification No. F.E. 3/94-SB, dated the 12^th October, 1994 the State Bank of Pakistan is pleased to authorise the following Officers of the Exchange Policy Department of the State Bank of Pakistan to make complaints of offences punishable under section 23: - 

1.                   The Director, Exchange Policy Department.

2.                   The Additional Director, Exchange Policy Department.

3.                   A Joint Director.

4.                   A Deputy Director.

5.                   An Assistant Director.

6.                   A Foreign Exchange Officer.

7.                   An Assistant Foreign Exchange Officer.

In pursuance of rule 4 of the Foreign Exchange Rules, 1952 and in supersession of the State Bank of Pakistan Notifications No. F.E. 2/72-SB, dated the 30^th March, 1972 and No. F.E. 4/72-SB, dated the 5^th October, 1972 and No. F.E. 1/93-SB, dated the 14^th January, 1993 and No. F.E. 2/94-SB, dated the 12^th October, 1994 the State Bank of Pakistan is pleased to notify that all powers vested in the State Bank under the Foreign Exchange Regulation Act, 1947 (VII of 1947) shall be exercised and all functions entrusted to the State Bank under the said Act shall be performed in the name of the State Bank by the following Officers of the Exchange Policy Department of the State Bank, namely: - 

1.                   The Director, Exchange Policy Department.

2.                   The Additional Director, Exchange Policy Department.

3.                   A Joint Director.

4.                   A Deputy Director.

5.                   An Assistant Director.

6.                   A Foreign Exchange Officer.

7.                   An Assistant Foreign Exchange Officer.

In exercise of the powers conferred by section 23 (3) of the Foreign Exchange Regulation Act, 1947 (VII of 1947), and in supersession of the State Bank of Pakistan’s Notification No.F.E.1/2000-SB dated 21^st August,2000, State Bank of Pakistan is pleased to authorize the following Officers of the Exchange Policy Department of the Bank to make complaints of offences punishable under section 23 of the Act : 

1.                   The Director.

2.                   The Senior Joint Director.

3.                   A Joint Director.

4.                   A Junior Joint Director.

5.                   An Assistant Director.

6.                   A Foreign Exchange Officer

7.                   An Assistant Foreign Exchange Officer. 

In pursuance of Rule 4 of the Foreign Exchange Rules, 1952 and in supersession of the State Bank of Pakistan’s Notification Nos.F.E.2/72-SB dated 30^th March, 1972 and No.F.E.4/72-SB dated 5^th October,1972 and No.F.E.1/93-SB dated 14^th January,1993 and No.F.E.2/94-SB dated the 12^th October,1994 and No.F.E.2/2000-SB dated 21^st August,2000, State Bank of Pakistan is pleased to notify that all powers vested in the State Bank under the Foreign Exchange Regulation Act,1947 (VII of 1947), shall be exercised and all functions entrusted to the State Bank under the said Act shall be performed in the name of the State Bank by the following Officers of the Exchange Policy Department of the State Bank, namely :-

APPENDIX III -   21
NOTIFICATION NO. F.E. 3/2001-SB
DATED THE 28^TH SEPTEMBER, 2001

In pursuance of rule 3 of Foreign Exchange Rules, 1952 and all other powers enabling it in this behalf under the Foreign Exchange Regulation Act, 1947 (VII of 1947) and in supersession of the Notification No. F.E. 1/98-SB dated 8^th June 1998, as amended from time to time, the State Bank of Pakistan is pleased to notify as follows: -  

1.       A declaration required to be submitted under sub-section (I) of Section 12 of    the F.E.R. Act, 1947 (VII of 1947) shall be submitted by the exporter: 

(a)   When goods are exported otherwise than by post, to Collector of Customs;

(b)   When goods are exported by post, to the Post Master of the Post Office at which the goods are posted for export.   

     2.  An amount representing the full export value of the goods shall be paid on the due date for payment as per terms of Sale Contract or within six months from the date of shipment or posting, as the case may be, whichever is earlier. 

      3.  An amount representing the full export value of the goods exported to any country shall be paid through an Authorized Dealer in Pakistan either in U.S. Dollar or in any convertible foreign currency in which an Authorized Dealer maintains accounts or in Pakistan rupees from a non-resident bank account.

It has been decided to revise, with effect from end-September, 1998, the method of calculating the open position and establishing position limits. The per currency and the overall position limit will be fixed at ten per cent of the capital base in Pakistan of each Authorized Dealer. 

The open position must first be measured separately for each foreign currency in which the bank is performing transactions or has assets or liabilities. The open position in a single currency is the sum of (a) the spot position and (b) the off-balance sheet position. Details of its calculation are provided in the Annexure. The net position in each currency is calculated by adding together the net spot position and net off-balance sheet position for each currency separately. For example, a spot deposit liability (FCA account) matched by an SBP forward contract (an off-balance sheet asset) would translate to a zero net open foreign exchange position. 

Once the exposure has been determined in each individual currency, the second step is to measure the bank’s overall exposure to foreign exchange risk. 

·  Conversion of the net position in each currency into the equivalent  amount of domestic currency by using spot exchange rates; 

·  aggregation of the domestic currency equivalent values of all foreign currency short positions and of all foreign currency long positions; 

·  comparison of the two totals, and selection of the greater of the two, which is defined as the overall exposure of the bank. 

An example of how this method can be applied is provided in the Annexure. 

Reporting requirements. 
The banks should report their single currency and overall positions by filling out a specific form. Daily reporting of the major elements in banks’ balance sheets should be made in the forms contained in Annexure.