10: Gold policies India has a long-standing affinity with gold, but its gold-policy measures have often been muddled. Historically, they have distorted the market without achieving the policies’ aims. Some recent developments suggest the policy approach is improving: the Indian Gold Coin and proposed hallmarking regulations will develop a trusted standard of gold that can be traded more easily. This may support the government’s gold monetisation scheme. A brief history of gold policies India’s track record on gold-related policies is both long and varied The government’s interest in the gold market dates back to independence in 1947. To understand better the current gold policy environment one needs to understand India’s policy history which, broadly speaking can be broken down into four phases.135 1. Restriction (Ban on private ownership of gold) Between 1947–1962 policies were geared towards controlling the gold market. The stated objectives behind this restrictive approach were to wean people off gold, to regulate supply, reduce smuggling, and reduce the domestic price of gold. 2. Prohibition (Era of Gold Control Act) This restrictive approach was enhanced between 1963 and 1989. The Gold Control Rules were promulgated in 1963 and the final provisions were enacted under the Gold (Control) Act 1968, whereby several additional restraints were placed on gold businesses, including: • Manufacturing gold jewellery above 14-carat purity was prohibited • Limits were placed on individual holdings of gold jewellery • Individuals and families could only hold up to two and four kg of gold, respectively, and only in the form of jewellery, which had to be declared to the authorities At the same time the government tried to mobilise gold by issuing gold bonds, introducing gold auction schemes and through the Voluntary Disclosure of Income and Wealth (Amendment) Ordinance (1975),136 which encouraged Indian households to disclose hitherto undeclared wealth, including gold. These efforts were designed to control the budget deficit and reduce gold smuggling. 3. L iberalisation (Government policy aimed at deregulation) Between 1990 and 2011 India started to liberalise (see Chapter 1) and a different approach was adopted, as the government introduced measures to deregulate the gold industry: • The Gold (Control) Act was repealed on 6 June 1990. Under this policy regime gold smuggling had flourished. Now, the liberalisation of gold imports took priority137 • The Non-Resident Indian scheme was introduced in 1992, and in 1994 a Special Import Licence (SIL) scheme was launched to facilitate entry of gold into India • In 1997, under the Open General Licence (OGL) scheme, seven banks were initially authorised as official importers of gold; this number later increased to 20 • In 1999, the government tried to mobilise gold through the Gold Deposit Scheme (GDS), launched by the State Bank of India to allow gold to be deposited at a specified interest rate. • Jewellers were obliged to maintain records of all business transactions. 135For more information, please see Why India Needs a Gold Policy, Federation of Indian Chambers of Commerce and Industry, 2014. 136Voluntary Disclosure of Income and Wealth (Amendment Ordinance 1975- http://incometaxindia.gov.in/Communications/ Circular/910110000000001074.htm 137The Gold (Control) Repeal Act, 1990; http://lawmin.nic.in/legislative/textofcentralacts/1990.pdf India’s gold market: evolution and innovation 73 The end of this phase was marked by rising gold demand, gold imports and gold prices. In 2007, demand totalled 771.1 tonnes. It peaked at 1001.7 tonnes in 2010, reduced slightly in subsequent years, but remained between 850–950t. At the same time, the gold price more than trebled and the current account deficit (CAD) began to spiral out of control. (For more information on the macro-economic back-drop, please see Chapter 1) 4. Intervention (Period of high customs duty and 80:20 policy) The deterioration of the current account deficit threatened to affect the country’s credit rating. Global uncertainties – caused by quantitative easing and the European crisis, which affected India’s exports and investment flows – and an unfortunate convergence of adverse domestic governance issues were the primary triggers. Review of gold policy since 1947 Restriction (1947–62) Intervention (2012–2013) • Foreign Exchange Regulation Act (FERA) introduced in 1947 • Duty hike to 10% from 2% through repeated increases between January 2012 and August 2013 • Nationalisation of Kolar gold mine at Mysore took place in 1956 • Introduction of the “80:20 rule”, an export obligation of 20% on importers of gold138 • Replacement of the proportional reserve system with the minimum reserve system for currency issue in 1956 • Ban on import of gold coins and sales through banks and post offices139 • First Gold Bond Scheme introduced in 1962. • Reducing the loan that can be given against gold as collateral from 75% to 60% of the value (LTV ratio).140 Prohibition (1963–1989) Transparency (2014–end-2016) • Gold Control Rules (1963) • Gold (Control) Act (1968) • Removal of “80:20,” an export obligation of 20% on importers of gold (November 2014) • Gold Bonds 1980 (March, 1965) • Ban lifted on import of gold coins (November 2014) • National Defence Gold Bonds 1980 (October, 1965) • Gold Deposit Scheme of 1999 withdrawn and relaunched in new form as Gold Monetisation Scheme (November 2015) • Voluntary Disclosure of Income and Wealth (Amendment) Ordinance (1975) • Gold auctions (1978). Liberalisation (1990–2011) • Gold Control Act 1968, repealed in June 1990 • Launch of first ever National gold coin – Indian Gold Coin (November 2015) • Sovereign Gold Bond Scheme launched (November 2015) • NRI Scheme introduced in March 1992 • PAN (Tax Number) made mandatory on jewellery purchases above Rs200,000 (January 2016) • Scope of Special Import License (SIL) scheme expanded to include gold in April 1994 • Introduction of 1% Excise duty on Jewellers above Rs120mn turnover (April 2016) • In 1997, seven banks were authorized to import gold – a number that was later increased to twenty banks. Gold Deposit Scheme (GDS) launched by State Bank of India in 1999 • Demonetisation of INR500 and INR1,000 notes (November 2016) • Gold Deposit Scheme (GDS) launched by State Bank of India (1999) • Banks permitted to sell gold coins in 2002, extended to India Post in 2008. • Removed 1% excise duty on branded gold coins with purity of 99.5% (December 2016) • New Bureau of Indian Standards (BIS) Act introduced that makes Hallmarking mandatory, effective 1 January 2017. 138RBI/2013–14/148, A.P. (DIR Series) Circular No.15, 22 July 2013. 139RBI/2013–14/187, A.P. (DIR Series) Circular No. 25, 14 August 2013. 140RBI Notification RBI/2013–14/260, DNBS.CC.PD.No.356 /03.10.01/2013–14, 16 September 2013. India’s gold market: evolution and innovation 74 Resolving these required deepseated structural reforms, but instead policymakers settled for a short term “solution” of erecting barriers to curb imports. And gold was an easy target. On January 17, 2012, custom duty was raised to 2% and then again to 4% on March 16, 2012. The following year the import duty continued to rise, eventually reaching 10%, and the government introduced a new set of restrictive policy measures aimed at curbing demand. The measures were imposed to address the sudden deterioration in the CAD. 5. T ransparency (Policy drive of Prime Minister Modi’s government to improve transparency and expand tax base) In recent times, the government has been pushing for transparency in all aspects of economic activity and, in particular, to expand the tax base from just 1% of the population to at least 10%. Although disruptive in the short term, over a longer time frame gold should benefit from this drive, which supports the initiative to mainstream gold savings through banking and organised channels. Does policy intervention work? Gold demand data indicates that successive attempts to curb the demand for gold have proved ineffective. Restrictive import policies had a limited effect on demand. Instead, they led to increased smuggling. The volume of gold smuggled into India between 1968 and 1995 varied from 10 to 200t per year and from 2013 and 2014 – when the 80:20 rule was in effect – smuggling rose to between 350–400t. In contrast, during periods of liberalisation in the gold market demand was met primarily through official channels. Smuggling was curbed, the price differential between the domestic and international gold market narrowed, and the government earned revenue through import tariffs and domestic taxes. The evidence – including the econometric analysis outlined in Chapter 1 – suggests that policy intervention, at best, has a marginal, short-term effect. It would seem more appropriate to question whether an economically and traditionally significant asset like gold should continue to be treated in an ad-hoc manner by successive governments. Perhaps the time is right to deliver a comprehensive gold policy for India, one which would accept India’s affinity with gold and put that affinity to work for the good of consumers, the good of the industry and the good of the economy. Recent developments Gold Monetisation Scheme In 2015 the Indian Government launched the Gold Monetisation Scheme (GMS). The objectives of this scheme are: • To mobilise the gold held by households and institutions in the country • To provide a fillip to the gems and jewellery sector in the country by making gold available as a raw material on loan from the banks • To boost recycling and reduce India’s reliance on imports to meet domestic demand. The gold monetisation scheme deposits fall into two categories: a Short Term Bank Deposit (STBD)141 and a Medium and Long Term Government Deposit (MLTGD).142 In the GMS customers can deposit gold in any form – be that jewellery, ornaments or bars and coins – to be assayed and then credited to the appropriate account. The principal and interest on an STBD are denominated in gold. In the case of MLTGD, the redemption of the principal at maturity shall, depending on the depositor’s preference, be either in Indian Rupees equivalent to the value of gold at the time of redemption, or in gold. Where the redemption of the deposit is in gold, an administrative charge of 0.2% of the notional redemption amount in terms of Indian Rupees is applied. But the depositor does not have this flexibility when it comes to the interest; the interest accrued on MLTGD is calculated with reference to the value of gold in terms of Indian Rupees at the time of the deposit and is paid in cash. 141STBD – Short Term Bank Deposit – The deposit of gold made under the GMS with a designated bank for a short term period of 1–3 years. 142Medium and Long Term Government Deposit(MLTGD) – The deposit of gold made under the GMS with a designated bank in the account of the Central Government for a medium term of 5–7 years or a long term period of 12–15 years or for such period as may be decided from time to time by the Central Government. India’s gold market: evolution and innovation 75 The scheme has had a slow start. According to the Finance Ministry, 5.7t143 of gold has been collected under the Gold Monetisation Scheme. Most of these deposits have been from temples and trusts. Nevertheless, it is worth considering what success would look like for this scheme. It is well documented that the previous Gold Deposit Scheme launched in 1999 only managed to mobilise around 15t over its lifetime. The latest scheme is still very much in its infancy: incentives and infrastructure need to be developed. In our view, if the scheme has accumulated 25–30t in the next three years, it could be considered a success. GMS-linked Gold Metal Loan (GML) scheme Introduced in late 2015, the objective of this scheme is to use the gold mobilised through the monetisation scheme to reduce imports of gold to some extent. The Reserve Bank of India specified that the gold mobilised under STBD may be provided to jewellers as GML. The designated 144 banks can also purchase the gold auctioned under MLTGD and extend GMLs to jewellers. Under this scheme, jewellers will receive physical delivery of the gold either from the refiners or from the designated bank, depending on where the refined gold is stored. Designated banks other than the nominated banks145 are eligible to import gold only for the redemption of the gold deposits mobilised under the STBD. The designated banks are free to determine the interest rate to be charged on GMS-linked GML. Hallmarking and Assaying India’s gold industry has long been plagued by undercarating. But this might be about to change. In March 2016, the government of India received the assent of the President on the new Bureau of Indian Standards (BIS) Act 2016 (New BIS Act), which will replace the old BIS Act of 1986. The New BIS Act will be effective from 1 January 2017 in the official gazette of India. The Act has significant implications for India’s gold industry as it has provided specific empowerment to the Central Government in the following areas of standardisation for gold: • The BIS will become the national standards body of India, and the government has been empowered to make hallmarking of precious metals compulsory. This could transform the industry. For example, the government could make it compulsory that such articles are sold only through certified outlets • It also comes with legal powers. The use of a hallmark by non-accredited jewellery centres will be an offence. Retailers that violate the hallmarking rules will be liable for a fine of up to 10 times the value of the product, or imprisonment for up to two years • If hallmarking of precious metals becomes mandatory and any hallmarked jewellery is found to be of lower caratage, consumers will be able to complain via the BIS website and ask the seller for a replacement. Jewellery shopping. 143 Correct as of 14 November. 144According to RBI Designated Banks are All Scheduled Commercial Banks (excluding Regional Rural banks) that decide to implement the Gold Monetisation Scheme. 145Nominated Bank: A scheduled Commercial Bank authorised by the RBI to import gold under the extant Foreign Trade Policy. India’s gold market: evolution and innovation 76 Sovereign Gold Bond scheme Sovereign Gold Bonds (SGBs) are government securities denominated in grams of gold. They are substitutes for holding physical gold; they are not backed by physical gold. Investors have to pay the issue price in cash and the bonds will be redeemed in cash on maturity. The Bond is issued by the Reserve Bank on behalf of the Government of India. The Bonds are denominated in multiples of gram(s) of gold with a basic unit of one gram. The tenor of the Bond is a period of eight years with an exit option from the fifth year, exercisable on the interest payment dates. The minimum permissible investment is two units (i.e. two grams of gold). The maximum amount that can be subscribed is 500 grams per person per fiscal year (April–March). The finance ministry has recently permitted listing and trading of the first tranche of gold bonds. Trading in these bonds began on 9 June 2016 on both the Bombay Stock Exchange and the National Stock Exchange. New trade and policy forums Faced with the new gold policy framework, regulatory challenges, and the increase in smuggling in 2016, India’s bullion sector has continued to make moves to formalise its business. Most recently, the ‘Bullion Federation of India’, an industry body composed of 50 leading bullion dealers across 17 states, was created amid a groundswell of intention to conduct business in a transparent way, avoiding unaccounted money and fully complying with tax requirements and regulation. And encouragingly, the government has established an all-encompassing working group to look at the regulatory environment for gold. We are hopeful that such a centralised review of gold related regulation will yield positive results for the gold. While this is a welcome development for the industry, more can be done. While it may appeal to institutional investors, this is unlikely to appeal to retail investors. For them, physical gold is more than just a financial return. Gold is entwined with religion and emotion. In our view, the Soverign Gold Bond Scheme is unlikely to affect physical gold demand. India’s gold market: evolution and innovation 77 Focus: India’s latest effort to crack down on black money will have a big impact on gold demand India has a long and troubled history with black money – or unaccounted wealth - and the authorities latest scheme to combat it will have a big impact on both India’s economy and its gold demand. On the 8 November 2016, Prime Minister Narendra Modi announced that the government of India was withdrawing the legal tender status of Rs500 and Rs1,000 banknotes. About 86% of the total value of currency in circulation was suddenly removed from the financial system. While the intention of the authorities – to bring black money into the official economy – is praiseworthy, the measure is likely to squeeze economic growth in the short term, especially given the importance of cash in the grey economy. But looking further ahead, a more efficient, transparent economy will support growth and that, in turn, will support gold demand. weigh on discretionary consumption in the short-term, and affect businesses’ investment prospects. Some sectors will be harder hit than others. Real estate transactions often involve an element of cash, so property prices are likely to falter, which may have a damaging wealth effect, further weighing on sentiment and domestic demand. ‘Demonetisation’ is not new to India but the effects of the latest move are far-reaching A total of Rs15.44 trillion (tn) – or 86% of the currency in circulation – was withdrawn from the economy following the announcement on 8 November. While Rs1000 notes have been scrapped entirely, new Rs500 notes and Rs2000 notes have been introduced. By mid-December, Rs12.44tn scrapped currency had come back into the financial system – an impressive amount, but it still represents a liquidity squeeze.146 Although gold demand faces some short-term headwinds, longer-term prospects are encouraging The cash crunch is taking its toll on gold demand in the short term. Rumours about caps on gold holdings and gold buying added fuel to the fire. And as tax authorities investigated some jewellers who had, immediately after demonetisation, created opportunities to convert old currency for fake or back-dated sales, the resultant panic ensured that even genuine gold buyers were reluctant to buy wedding jewellery. The caps on withdrawals from banks and lack of cash in ATMs meant that whatever cash was available was largely spent on essential items, in both rural and urban India. Small jewellery businesses, particularly in the rural centres, will feel the pinch until cash becomes more freely available. This has happened before. In 1946 and 1978 the respective governments of the day executed similar measures. But the impact was less severe as high denomination notes did not account for as large a share of total currency and were not as widely held by the general public as in 2016. This time around all sections of Indian society have felt the impact, including the very poor. But it was part of a broader strategic plan, which began with the Jan Dhan ‘financial inclusion’ programme (intended to provide access to a bank account for every household). This will have eased the inertia and fear around banking transactions for many, smoothing the path towards greater acceptance of non-cash transactions. The latest move will, undoubtedly, have a significant impact on the economy in the short-term. The grey economy – which is wholly reliant on cash – accounts for nearly 83% of non-agricultural employment147 and in 2008 accounted for around 46%148 of Gross Value Added excluding agriculture. The depth of the contraction will depend on how much of the Rs15.44tn is replaced, and how quickly it happens. The liquidity squeeze from will In the long-run, however, it should have a positive effect on economic growth. Bringing more of this economic growth into the formal sector will reduce corruption which hinders economic growth. The boost to bank deposits arising from the combination of the Jan Dhan programme and the demonetisation announcement will improve banks’ ability to lend to productive businesses, further boosting economic growth. Together with the introduction of Goods and Services Tax, mandatory hallmarking and a massive push by organised jewellers to promote non-cash payments, business practices across the gold trade will become more transparent. This will hit the grey market and deter those seeking anonymity in order to avoid taxes. Consumers meanwhile will see the benefits of transparency in prices and purity. The organised trade will prosper as gold enters the mainstream financial system. This latest demonetisation exercise should also expand the tax base and the positive impact on public finances could generate a more benign and gold-supportive policy approach. Transparency across the value chain is necessary for gold to be mainstream. This is a historic opportunity for the industry to redefine itself and emerge stronger, domestically and globally. 146 https://rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=38886 147 http://laborsta.ilo.org/applv8/data/INFORMAL_ECONOMY/2012-06-Statistical%20update%20-%20v2.pdf 148 http://www.ilo.org/wcmsp5/groups/public/---dgreports/---stat/documents/publication/wcms_234413.pdf India’s gold market: evolution and innovation 78
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