CHAPTER
IX
BLOCKED
ACCOUNT
1.
Powers of the State Bank to block Non-Resident
Accounts.
2.
Definition of Blocked Account.
3.
Banks authorised to maintain Blocked Accounts.
4.
Opening of Blocked Accounts.
5.
Payment to Blocked Account deemed as a good
Discharge.
6.
Items payable to Blocked Accounts.
7.
Procedure regarding
Payments to Blocked Accounts.
8.
Pakistani Emigrants-Blocking of Accounts.
9.
Operations on Blocked
Accounts.
10.
Use of Blocked Balances.
1.
Powers of the State Bank to block Non-Resident Accounts.
Section
6 of the Act confers powers on the State Bank to block accounts
in Pakistan of any person resident outside Pakistan and to direct
that payment of any sums due to a non-resident may be made only
to such a blocked account.
2.
Definition of Blocked Account.
A
blocked account means an account opened as a blocked account at
any branch or office in Pakistan of a bank authorised in this
behalf by the State Bank or an account blocked by the order of
the State Bank.
3.
Banks authorized to maintain Blocked Accounts.
All
Authorised Dealers in foreign exchange are permitted to maintain
blocked accounts subject to the conditions laid down in this chapter.
In certain cases, banks other than Authorised Dealers in foreign
exchange may be authorised by the State Bank to maintain blocked
accounts.
4.
Opening of Blocked Accounts.
A
blocked account may not be opened in the name of a resident of
Pakistan unless it is held jointly with a non-resident. No blocked
account may be opened by an Authorised Dealer or an existing 'free'
account blocked except under directions from the State Bank.
5.
Payment to Blocked Account deemed as a good Discharge.
Sub-section
(1) (b) of Section 6 of the Act provides that where the State
Bank has directed that any payment due to a non-resident may be
made to a blocked account in his name with a bank in Pakistan,
the crediting of the sum to the blocked account shall, to the
extent of the sum credited, be a good discharge to the person
making the payment.
6.
Items payable to Blocked Accounts.
The
State Bank may not approve certain remittances in settlement of
liabilities to non-residents under the current Foreign Exchange
regulations. Payments in discharge of such liabilities to non-residents
can only be allowed to be made to blocked accounts. Amounts due
to a Pakistani who has emigrated to another country and all amounts
due to a resident of India will be allowed to be paid only into
a blocked account of the beneficiary.
7.
Procedure regarding Payment to Blocked Accounts.
Where
State Bank directs that a payment be made to a blocked account
only, it may be made either:
(i) by a banker's payment order marked 'payable to blocked account
of ____________________only' or
(ii) by a crossed cheque or warrant drawn in favour of the beneficiary
and marked with the words "Payable to blocked account of
payee only." Where such a cheque or warrant is sent to a
non-resident, it is desirable that the payee should arrange for
the opening of a blocked account with an Authorised Dealer before
forwarding the cheque to that bank for collection. 'Form A-7' with the name of the payee as the transferee
and clearly marked 'Blocked Account' must be submitted to the
State Bank for prior approval. The collecting bank must endorse
cheques, warrants or drafts so marked "received for the credit
of blocked account at ………………………… (Bank and Branch)" before
presenting them for payment. The paying bank may not pay such
instruments, unless they are properly marked and unless Form A-7 has been approved by the State Bank for
payment to a blocked account. After payment has been made it must
endorse the form on the back "Payment made to blocked account
at ………………………… (Bank and Branch)". The amount which the State
Bank has directed to be placed to a blocked account, must be immobilised
pending the opening of the account and may not be used for any
other purpose except with the prior approval of the State Bank.
8. Pakistani Emigrants-Blocking of Accounts.
Bank
accounts and securities belonging to Pakistan and foreign nationals
residing permanently in Pakistan, who emigrate to foreign countries,
should be treated as blocked. For blocking the accounts and securities
of intending emigrants the State Bank will issue necessary instructions
to their bankers. Some times Pakistan nationals who had gone abroad
for purposes other than 'Migration', take up permanent residence
in a foreign country. As and when such cases of their clients
come to the knowledge of Authorised Dealers, it will be their
responsibility to report them to the State Bank for instructions
as to whether or not the bank account/securities of the person
concerned should be blocked. In such cases pending receipt of
instructions from the State Bank, the securities should be immobilised
and no operation on the bank account should be allowed without
its prior approval.
9. Operations on Blocked
Account.
The
State Bank may issue special instructions regarding operations
on individual blocked accounts. In the absence of any such special
instructions, no payments into or withdrawal from blocked accounts
may be made unless prior approval of the State Bank has been obtained.
10.
Use of Blocked Balances.
Balances
held in blocked accounts may be invested in "approved securities"
expressed to be payable in Rupees or in fixed deposit with the
bank in which the account is held subject to the prior approval
of the State Bank. Shares or securities in which investment is
permitted by the State Bank must be bought through the bank with
whom the blocked account is kept and registered in the name of
the account holder, the address being his permanent residential
address outside Pakistan. Alternatively, securities so purchased
may be registered in the names of the banks keeping the blocked
accounts or their nominees in Pakistan. The securities should
not be held in bearer form and should not be sold or transferred
without the permission of the State Bank.