New FEMA Compliance Framework for Service Exports

Currently, service exports from India (excluding software) are largely exempt from EDF/SOFTEX filings and related FEMA compliances. Service Exporters (including software) have generally been proactive in realizing proceeds because their GST refunds are strictly linked to the export realizations. If not realized, such exporters face the burden of GST and interest under Rule 96A of the CGST Rules.However, the RBI noticed that non‑realizations and write‑offs by the service exporters were not being captured in FEMA regulatory reporting, except through GST returns. This was also causing an undue loss of foreign exchange to India. Meanwhile, software exporters were already adhering to such filings through Softex forms and were regulated for their export realizations.To standardize processes and prevent the loss of foreign exchange, the RBI is introducing a new regulatory framework for all exporters.The 2026 Regulations: Key ChangesThe Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2026 will take effect on 1 October 2026, superseding the 2015 Regulations[1], various Master Directions[2] and multiple FEMA Circulars.The 2026 Regulations aim to:- Promote ease of doing business, especially for MSME exporters.- Empower AD Banks to provide efficient services.- Standardize processes for both goods and service exporters.Requirement of EDF FilingAll exporters, both for service and goods, must now file an Export Declaration Form (EDF) for all export invoices.For software exporters, the EDF will replace the existing SOFTEX forms.The service exporters must disclose invoice details, exporter category (DTA, EOU, SEZ, etc.), AD Bank Code, mode of realization, contract details, and the recipient country.Filing Procedures and TimelinesThese 2026 Regulations introduce a strict window for reporting service export transactions to Authorized Dealers (AD) Banks.RequirementTimeline / DetailStandard FilingWithin 30 days from the end of the month in which the export invoice was raised.Consolidated FilingExporters are allowed to file a single EDF for all transactions during a specific month.Advance PaymentsEDF must be filed on or before the date the payment is received.Filing AuthorityTo be filed with the AD Bank or the jurisdictional Development Commissioner for SEZ units. Upon receipt, Development Commissioner to forward these EDFs to concerns AD Banks.Belated FilingsAD Banks may grant extensions if the exporters provide valid reasons.The exact method of filing, whether on online portal or via email or physical copies is still awaited from the RBI.Realization of Export ProceedsThe timeframes for bringing foreign exchange into India are clearly defined:ForEx Invoices & Settlements - Proceeds must be realized within 15 months.INR Invoicing & Settlements - Proceeds must be realized within 18 months.Extensions – In case of a delay, the exporter must promptly seek an extension from its AD Bank. AD Banks are empowered to grant these extensions if the satisfactory reasons provided.Consequences of Non-ComplianceFailure to realize export proceeds or seek such extensions carries significant penalties:GST Impact: Exporters must pay applicable GST plus interest. While GST so paid is refundable once the proof of realization is submitted, the interest paid is non-refundable.FEMA Restrictions: Under FEMA, "delinquent" exporters may be barred from future exports unless they receive 100% advance payment or an irrevocable Letter of Credit.Impact on AD Banks and ExportersThe RBI has shifted more responsibility as its watchdogs onto AD Banks. Such AD Banks are now required to:reporting and monitoring of export transactions.Ensuring timely realizations by the exporters including follow-ups, if required.update these transactions on EDPMS portal upon receipt of EDF. mark-off or close transactions on EDPMS portal when export realisations are reported and due satisfaction is obtained by AD Bank.maintain a comprehensive Internal Policy and SOP on their websites for handling these transactions.documents required and AD charges for such transactions are require to be clearly laid down.provide appeal provisions for resolving disputes with the exporters.Notably, AD Banks are not permitted to levy penalties or charges on exporters for regulatory delays or violations.The 2026 Regulations represent a major shift toward transparency. Though it introduces significant changes for service exporters, it also brings them under at par with goods and software exporters in their compliances. MSME service exporters will face increased compliance burdens while it ensures increased accountability and better monitoring of foreign exchange inflows for regulatory authorities.Though some procedural aspects such as the exact method of filing, mode & procedure for seeking timeline extensions, etc. are yet to be clarified. However, exporters of goods and software stand benefited from greater standardization and transparency under the new framework.As...

New FEMA Compliance Framework for Service Exports

Sunil Jain & Ankit Jain

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