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Information currency control Exchange Control

Control over foreign exchange transactions related to foreign trade operations

Regulations of the Central Bank of the Russian Federation from the 01.06.2004 258 of N-P came into force in June 18 2004 and registered in the RF Ministry of Justice 16.06.2004 for N 5848. "On the order of presentation of the authorized banks by residents supporting documentation and information relating to currency transactions with non-residents in foreign trade transactions, and implementation of the authorized banks control over currency 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 No. 258-P regulates the procedure for exercising control over the 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 ), Concluded between a resident and a non-resident.

Accounting for these currency transactions and control their conduct carries an authorized bank, in which the contract is decorated resident "transaction passport". If in the cases provided by law, the resident performs all currency transactions under contract through accounts opened in the non-resident bank, the function of the bank transaction certificate fulfills the territorial institution of the Bank of Russia at the place of state registration of the resident.

With a view to registering foreign exchange transactions under the contract and exercising control over their conduct, the resident shall submit to the bank documents confirming the import of goods into the customs territory of the Russian Federation or export of goods from the customs territory of the Russian Federation, as well as performing works, rendering services, transferring information and results of intellectual Activities, including exclusive rights to them. Confirming documents are submitted simultaneously with two copies of the certificate of supporting documents, the procedure for registration of which is established by the Regulations.

Documents and information submitted in a period not exceeding 15 calendar days after the end of the month during which the contract was made the export of goods or designed documents confirming the performance of work, rendering of services, transfer of information and results of intellectual activity, including exclusive rights to them and not more than 45 calendar days after the end of the month in which the intention to import goods.

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 foreign exchange 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 the resident for which a deferral of payment or commercial loan was granted to a non-resident under a foreign trade transaction).

In the case of foreign exchange transactions in the contract relating to enrollment Russian currency received from non-resident to resident's account with an authorized bank, in addition to supporting the process of execution of the contract documents and information about them, the bank presented two copies of the certificate of admission of the Russian Federation currency. This information is presented in a period not exceeding 15 days following the month during which were carried out currency transactions under the contract.

the bank's authorized employee checks the information specified in the certificates, supporting documents or copies of bank statements for 7 working days after the date of their submission. Both copies of certificates signed by a bank officer and stamped, used for exchange control purposes, registered with the CBR. One copy of the reference is placed in the file on the passport of the transaction, and the second - the resident returns.

In case of incorrect registration certificates or supporting documents, certificates inconsistencies supporting documents a copy of the information and documents shall be returned to a resident. The second copy of certificates with a note about the reason for the return is placed in the file on the passport deal.

Duly executed certificate together with the documents re-submitted to the bank within 3 working days.

The dossier transaction certificate also holds copies of the documents on the enforcement of the obligation of non-resident to the resident, the methods of which are provided by law (irrevocable letter of credit, bank guarantees, risk insurance contract, promissory note) - in the case of a resident.

On the day of registration of transaction passport contract authorized bank shall open and maintain in electronic form sheet on the basis of the information contained in these documents and certificates. Statement is intended to represent a resident currency control authorities.

Statement on the paper is transferred to a resident bank to represent the currency control authorities upon written request no later than the next working day after receipt of the application. Statement transmitted to a resident in connection with the transfer of the contract for settlement services to another authorized bank.

When you close the file on the passport of the transaction statement in paper form is placed in it.