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Control over foreign exchange transactions related to foreign trade operations

The position of the Central Bank of the Russian Federation from 01.06.2004 N 258-P to 18 2004 entered into force on June 12 and 16.06.2004 registered with the Ministry of Justice of the Russian Federation for N 5848. "On the procedure for the provision by residents of authorized banks of supporting documents and information related to the conduct of foreign exchange transactions with non-residents on foreign trade transactions and the implementation by authorized banks of control over the conduct of foreign exchange transactions."

The Federal Law "On Currency Regulation and Currency Control" authorized banks that have the right to conduct banking operations with funds in foreign currency are attributed to foreign exchange control agents. Regulation N 258-P regulates the procedure for exercising control over observance of currency legislation in settlements and transfers for exported or imported goods, work performed, services provided, information transferred and the results of intellectual activity, including exclusive rights to them, under a foreign trade contract (contract) ), concluded between a resident and a non-resident.

Accounting of specified currency transactions and control over their conduct is carried out by an authorized bank, in which, under the contract, a "passport of the transaction" is issued by the resident. If, in cases provided for by law, a resident carries out all foreign currency transactions under a contract through accounts opened with a non-resident bank, the functions of the transaction passport bank are performed by the territorial institution of the Bank of Russia at the place of state registration of the resident.

In order to account for foreign exchange transactions under the contract and monitor their conduct, the resident submits to the bank documents confirming the fact of goods being imported into the customs territory of the Russian Federation or goods are being exported from the customs territory of the Russian Federation, as well as work, services, information and intellectual activities, including exclusive rights to them. Supporting documents are submitted simultaneously with two copies of a certificate of supporting documents, the procedure for which is established by the Regulations.

Documents and information shall be submitted within a period not exceeding 15 calendar days after the end of the month during which the export of goods was performed under the contract or documents confirming the performance of work, rendering services, transfer of information and results of intellectual activity, including exclusive rights to them , and not exceeding 45 calendar days after the end of the month during which the import of goods was effected.

In the case of currency transactions under the contract through accounts opened with a non-resident bank, two copies of a certificate containing information on foreign exchange transactions in a non-resident bank for the reporting month with copies of bank extracts. Such a certificate must be submitted within a period not exceeding 45 calendar days following the month during which the currency transactions were carried out under the contract. Simultaneously with this certificate, supporting documents and a certificate of them, the resident presents a copy of the reservation application (the law establishes the obligation to reserve a part of the amount by which the resident is granted a deferral of payment or commercial loan under a foreign trade transaction).

In the case of foreign exchange transactions under the contract related to the crediting of the currency of the Russian Federation received from a non-resident at the account of the resident in the authorized bank, in addition to documents confirming the contract execution process and a certificate of them, two copies of the certificate of receipt of the currency of the Russian Federation are submitted to the bank. This certificate shall be submitted within a period not exceeding 15 calendar days following the month during which the foreign exchange transactions under the contract were carried out.

An authorized employee of the bank checks the compliance of the information specified in references, supporting documents or copies of bank statements within 7 business days after the day of their submission. Both copies of certificates are signed by an employee of the bank and sealed with a seal used for currency control purposes registered with the Central Bank of the Russian Federation. One copy of certificates is placed in the passport file of the transaction, and the second is returned to the resident.

In case of incorrect execution of certificates or supporting documents, inconsistencies of certificates to supporting documents, one copy of the certificates and documents are returned to the resident. The second copy of the certificates with a note on the reason for the return is placed in the file on the transaction passport.

Properly executed certificates together with documents are resubmitted to the bank within 3 business days.

In the dossier on the passport of the transaction copies of the documents on ensuring the performance of the non-resident's obligation to the resident, the methods of which are stipulated by law (irrevocable letter of credit, bank guarantee, risk insurance contract, bill) are also placed in case of their use by a resident.

On the day the passport for the transaction is drawn up under the contract, the authorized bank opens and maintains an electronic statement on the basis of the information contained in the said certificates and documents. The statement is intended for presentation by the resident to the bodies of currency control.

The bill on paper is transferred by the bank to the resident for presentation to the currency control bodies upon written application not later than the next working day after receipt of the application. The statement is transferred to the resident also in connection with the transfer of the contract for settlement services to another authorized bank.

When closing the dossier on the transaction passport, the statement on paper is placed in it.