Hedging of Freight Risk by domestic oil-refining – RBI clarification
A person resident in India is permitted to enter into a contract in a commodity exchange or market outside India, to hedge price risk in a commodity subject to certain terms and conditions. Further, select AD Category - I banks have been delegated the authority to grant permission to listed companies to hedge commodity price risk in the international commodity exchanges/markets.
As announced in the Mid-term review of Annual Policy Statement for the Year 2008-09 (Para 146), it has been decided to delegate powers to AD Category - I banks, which have been granted permission by the Reserve Bank to approve commodity hedging, to allow hedging of freight risk by domestic oil-refining companies and shipping companies on the following terms and conditions:
i) The hedging can be undertaken as plain vanilla Over the Counter (OTC) or exchange traded products in the international market/exchange.
ii) The exchanges on which the products are purchased must be a regulated entity.
iii) The maximum tenor permissible will be one year forward.
The basis of underlying exposure is as follows:
(a) In the case of oil refining companies –
i) The freight hedging will be on the basis of underlying contracts i.e., import/export orders for crude oil/petroleum products. Additionally, AD Category - I banks may permit domestic oil refining companies to hedge their freight risk on anticipated imports of crude oil on the basis of their past performance up to 50 per cent of the volume of actual imports of crude oil during the previous year or 50 per cent of the average volume of imports during the previous three financial years, whichever is higher.
ii) Contracts booked under the past performance facility will have to be regularized by production of underlying documents during the currency of the hedge. An undertaking may be obtained from the company to this effect.
(b) In the case of shipping companies :-
i) The hedging will be on the basis of owned/controlled ships of the shipping company which have no committed employment. The quantum of hedge will be determined by the number and capacity of these ships. The same may be certified by a Chartered Accountant to the AD Category - I bank.
ii) Contracts booked will have to be regularized by production of underlying documents i.e. employment of the ship during the currency of the hedge. An undertaking may be obtained from the company to this effect.
iii) AD Category - I banks may also ensure that the freight derivatives being entered into by the shipping companies are reflective of the underlying business of the shipping companies.
Necessary amendments to Foreign Exchange Management (Foreign Exchange Derivative Contracts) Regulations, 2000 are being issued separately.
RBI Circular No. 50/ RBI ., Dated: February 4, 2009