PMLA Lawyers FEMA Lawyer ED Case Advocate

PMLA Lawyers FEMA Lawyer ED Case Advocate FEMA Lawyer ED Case Advocate PMLA Lawyers ED Case Advocate PMLA Lawyers FEMA Lawyer

The Directorate of Enforcement or the ED is a multi-disciplinary organization mandated with investigation of economic crimes and violations of foreign exchange laws. The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47). This Unit with Delhi as Headquarters was headed by a Legal Service Officer, as Director of Enforcement, assisted by an Officer drawn on deputation from Reserve Bank of India (RBI) and 03 Inspectors of Special Police Establishment. There were 02 branches – at Bombay and Calcutta. In the year 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras. In 1960, the administrative control of the Directorate was transferred from the Department of Economic Affairs to the Department of Revenue. With the passage of time, FERA’ 47 was repealed and replaced by FERA, 1973. For a short period of 04 years (1973 – 1977), the Directorate remained under the administrative jurisdiction of the Department of Personnel & Administrative Reforms. Presently, the Directorate is under the administrative control of Department of Revenue, Ministry of Finance, Government of India. With the onset of the process of economic liberalization, FERA, 1973, which was a regulatory law, was repealed and in its place, a new law viz. the Foreign Exchange Management Act, 1999 (FEMA) came into operation w.e.f. 1st June 2000. Further, in tune with the International Anti Money Laundering regime, the Prevention of Money Laundering Act, 2002 (PMLA) was enacted and ED was entrusted with its enforcement w.e.f. 1st July 2005. Recently, with the increase in number of cases relating to economic offenders taking shelter in foreign countries, the Government has passed the Fugitive Economic Offenders Act, 2018 (FEOA) and ED is entrusted with its enforcement with effect from 21st April, 2018.

PMLA: The Prevention of Money Laundering Act

1 The Prevention of Money Laundering Act,2002
2 Prevention of Money-Laundering (Maintenance of Records) Rules, 2005
3 Prevention of Money-laundering (Manner of Receiving the Records Authenticated Outside India) Rules, 2005
4 Prevention of Money-laundering (the Manner of Forwarding a Copy of the Order of Retention of Seized Property along with the Material to the Adjudicating Authority and the Period of its Retention) Rules, 2005
5 Prevention of Money-laundering (the Forms and the Manner of Forwarding a Copy of Order of Arrest of a Person along with the Material to the Adjudicating Authority and its Period of Retention) Rules, 2005
6 Prevention of Money-laundering (Forms, Search and Seizure 2[or Freezing] and the Manner of Forwarding the Reasons and Material to the Adjudicating Authority, Impounding and Custody of Records and the Period of Retention) Rules, 2005
7 Prevention of Money-laundering (Receipt and Management of Confiscated Properties) Rules, 2005
8 Prevention of Money-laundering (Appeal) Rules, 2005
9 Prevention of Money-laundering (Issuance of Provisional Attachment Order) Rules, 2013
10 Prevention of Money-laundering (Taking Possession of Attached or Frozen Properties Confirmed by the Adjudicating Authority) Rules, 2013

FEMA: Foreign Exchange Management Act

1 Foreign Exchange Management Act, 1999
2 Foreign Exchange (Compounding Proceedings) Rules, 2000
3 Foreign Exchange Management (Adjudication Proceedings and Appeal) Rules, 2000
4 Foreign Exchange Management (Current Account Transactions) Rules, 2000
5 Foreign Exchange Management (Encashment of Draft, Cheque, Instrument and payment of interest) Rules, 2000
6 Foreign Exchange (Authentication of Documents) Rules, 2000
7 Foreign Exchange Management (Non-debt Instruments) Rules, 2019
8 Foreign Exchange Management (Non-debt Instruments) Amendment Rules, 2020
9 Foreign Exchange Management(Non-debt Instruments) (Amendment) Rules, 2019
10 Foreign Exchange Management (Non-debt Instruments) (Second Amendment) Rules, 2020

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