Difference Between FERA and FEMA

FERA and FEMA are Indian laws on foreign exchange. FERA (1973) strictly controlled it, while FEMA (1999) replaced it to simplify rules and support global trade and investment.
Difference Between FERA and FEMA
3 mins read
01-July-2025

The Indian government introduced several regulatory acts to help streamline and organise various sectors and systems of the Indian economy. FERA and FEMA are two such regulations. Both were introduced to manage and control the Indian foreign exchange system.

FERA was introduced in 1973 to control and conserve foreign exchange reserves. It was replaced with FEMA in 1999 with the aim to ensure the orderly development of the Indian forex market. Currently, FEMA is the umbrella law under which all cross-border payments and transactions happen, including investing in US stocks from India.

In this article, we cover the meaning of FERA and FEMA as well as the differences between FERA and FEMA

What is FERA?

FERA (Foreign Exchange Regulation Act), introduced in 1973, was designed to regulate foreign exchange dealings and securities. Its goal was to conserve India’s foreign exchange resources and use them effectively for economic development. At a time of low forex reserves, FERA aimed to protect these reserves and manage foreign exchange operations efficiently with the following objectives:

  • Regulate foreign exchange and securities dealings
  • Control the import and export of currencies
  • Manage transactions that indirectly impact foreign exchange

As a result, FERA enforced strict restrictions and regulations on a variety of forex-related transactions, including currency conversions, transfer of funds, overseas purchase of property, and dealings with non-residents. Under FERA, RBI was authorised to track and regulate these activities. Penalties for non-compliance included asset confiscation and imprisonment. This act was later abolished and replaced with FEMA as it was perceived to impede India’s economic liberalisation.

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What is FEMA?

FEMA, or Foreign Exchange Management Act, was passed in 1999 to replace the conservative FERA policy. The main objective of the Act was to improve and strengthen India’s foreign exchange framework and management. To fulfil this chief objective, FEMA did the following:

  • Established an organised management framework for managing foreign exchange in India
  • Laid down transparent guidelines, rules, and relations to help govern the foreign exchange market
  • Simplified external trade and payments with a systematic and clear approach
  • Built a clear and precise legal structure to review legal proceedings

FEMA focuses on promoting external trade and foreign payments in India and increasing forex reserves in the country. Its liberal approach was considered more conducive to the liberalising Indian economy, allowing for the structured growth of the foreign exchange market in the country rather than simply restricting it.

Difference Between Fema and Fera

Here’s a comprehensive table that sums up the differences between FEMA and FERA:

Parameters

FERA

FEMA

Enactment year

Passed by Parliament in 1973 and enforced from 1st January 1974.

Passed in 1999 and came into effect on 1st January 2000.

Objective

Aimed to control and regulate foreign exchange transactions.

Aims to facilitate external trade and payments, promoting proper forex market management.

Notion behind concept

Based on the idea that foreign exchange is a scarce resource.

Based on the idea that foreign exchange is an asset.

Approach

Restrictive approach limiting forex-related activities.

Liberal approach to manage and encourage foreign exchange flows.

Treatment of violations

Violations were considered criminal offences.

Violations are considered civil offences.

Penalties

Resulted in imprisonment.

Usually leads to monetary penalties; imprisonment if unpaid within 90 days.

Status of residence

Required a 6-month stay in India.

Requires a stay of 182 days in India.

Sections

Consisted of 81 sections.

Consists of 49 sections.


What is the importance of FERA and FEMA?

The two most important laws that govern foreign exchange transactions in India are the Foreign Exchange Regulation Act (FERA) and the Foreign Exchange Management Act (FEMA). Here is their importance in the financial world:

1. Foreign Exchange Regulation Act (FERA)

The Foreign Exchange Regulation Act (FERA) was passed in 1973 and introduced to regulate and control foreign exchange reserves. The act's main purpose was to impose strict regulations on currency exchange, foreign investments, and international trade to prevent the outflow of foreign exchange from India. Under FERA, all transactions involving foreign exchange were highly controlled. Violations of the act were considered criminal offences, with severe penalties, including imprisonment.

FERA was crucial for India at a time when it was dealing with severe foreign exchange shortages and needed regulations to ensure that foreign reserves were not depleted to become non-existent. However, its restrictive nature and extensive regulations became a hassle for foreign investment and economic liberalisation, and experts called for its replacement with a better and less extensive regulation act.

2. Foreign Exchange Management Act (FEMA)

There were extensive talks about improving FERA as it extensively restricted foreign exchange transactions. The result was the introduction of the Foreign Exchange Management Act (FEMA). The Indian government replaced FERA with FEMA by introducing the Act in 1999 as a part of its flagship economic liberalisation scheme. The Act focuses on facilitating external trade and foreign payments and promotes the seamless development and maintenance of the foreign exchange market in India. Unlike FERA, FEMA does not contain extensive restrictions and is more liberal in promoting foreign trade and payments. Its main purpose is foreign exchange management rather than regulation and control, with violations treated as civil offences, not criminal ones.

FEMA is vital for ensuring the alignment of India’s foreign exchange laws with global foreign exchange practices. It encourages foreign investment, facilitates trade, and contributes to economic growth. It also simplifies compliance for businesses, helping India contribute more to the global economy by increasing its GDP.

Conclusion

India's foreign exchange regulations have undergone a significant transformation. Earlier, the focus was on tightly controlling and conserving foreign currency. Today, the emphasis has shifted towards liberalising and simplifying foreign exchange dealings. This transition, marked by the move from FERA to FEMA, has enhanced India’s global trade and economic integration.

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Frequently asked questions

What is the major difference between FERA and FEMA?

The major difference between FERA and FEMA is that FERA focused on strict control and regulation of foreign exchange with harsh penalties, while FEMA promotes a more flexible and liberalised approach, focusing on managing foreign exchange to facilitate trade and investment. FERA treated violations as criminal offences, whereas FEMA treats them as civil offences.

What is FERA?
FERA, or Foreign Exchange Regulation Act, was passed in 1973 to restrict and regulate certain types of payments, import and export of currency, dealings in forex and securities, and transactions that had an indirect impact on the forex reserves of the country.
What are the features of FEMA and FERA?
FERA regulated foreign exchange, restricting certain forex transactions to conserve forex reserves as a scarce resource. FEMA, on the other hand, created an organised framework for managing foreign exchange transactions in the country and laid down transparent regulations to govern the foreign exchange market.
What are the objectives of FERA and FEMA?

FERA's objectives were to conserve India's foreign exchange reserves, regulate foreign trade and payments, and control foreign investments. FEMA focuses on facilitating external trade and payments, promoting the smooth development of the foreign exchange market, and encouraging foreign investment.

Is FERA the same as FEMA?

No, FERA and FEMA are not the same. FERA was strict and focused on controlling foreign exchange, treating violations as criminal. FEMA, on the other hand, is liberal and aims to facilitate foreign trade and payments, with violations treated as civil offences.

What is the old name of FEMA?
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