Rules for the implementation of foreign exchange transactions. Types of foreign exchange transactions and the general procedure for their performance

RESOLUTION BOARD OF THE NATIONAL BANK OF THE REPUBLIC OF BELARUS

On the approval of the Rules for conducting currency transactions

Changes and additions:

Resolution of the Board of the National Bank of the Republic of Belarus dated December 27, 2004 No. 190 (National Register of Legal Acts of the Republic of Belarus, 2005, No. 19, 8/12037) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated January 17, 2007 No. 2 (National Register of Legal Acts of the Republic of Belarus, 2007, No. 82, 8/16051) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated June 20, 2007 No. 127 (National Register of Legal Acts of the Republic of Belarus, 2007, No. 261, 8/17262) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated December 17, 2007 No. 221 (National Register of Legal Acts of the Republic of Belarus, 2008, No. 30, 8/18077) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated June 4, 2008 No. 69 (National Register of Legal Acts of the Republic of Belarus, 2008, No. 174, 8/19109) ;

Resolution of the Board of the National Bank of the Republic of Belarus No. 211 dated December 31, 2008 (National Register of Legal Acts of the Republic of Belarus, 2009, No. 31, 8/20302) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated April 7, 2009 No. 42 (National Register of Legal Acts of the Republic of Belarus, 2009, No. 110, 8/20881) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated August 25, 2009 No. 138 (National Register of Legal Acts of the Republic of Belarus, 2009, No. 237, 8/21450) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated November 11, 2009 No. 183 (National Register of Legal Acts of the Republic of Belarus, 2009, No. 292, 8/21667) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated May 24, 2010 No. 169 (National Register of Legal Acts of the Republic of Belarus, 2010, No. 157, 8/22466) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated August 26, 2015 No. 515 (National Legal Internet Portal of the Republic of Belarus, September 15, 2015, 8/30230) ;

Resolution of the Board of the National Bank of the Republic of Belarus dated December 19, 2018 No. 612 (National Legal Internet Portal of the Republic of Belarus, December 22, 2018, 8/33673)

Based on Articles 26, 33, 212, 277 of the Banking Code of the Republic of Belarus, Article 21 of the Law of the Republic of Belarus dated July 22, 2003 "On currency regulation and currency control "The Board of the National Bank of the Republic of Belarus DECIDES:

1. To approve the attached Rules for Conducting Currency Transactions.

2. To establish that the accounts of non-residents of type "I" (investment), opened in banks of the Republic of Belarus before the entry into force of this resolution, function until full use located on them Money in the following mode:

receipt transactions are not carried out;

debit transactions are carried out in the manner established for current (settlement) accounts of the "T" type.

2 1. Excluded.

3. Excluded.

4. To recognize as invalid the normative legal acts of the National Bank of the Republic of Belarus (their structural elements) according to the list in accordance with the appendix to this resolution.

SCROLL
invalid regulatory legal acts of the National Bank of the Republic of Belarus (their structural elements)

1. Regulations on the procedure for issuing permits to insurance organizations to conduct insurance operations of business entities in foreign currency dated August 3, 1995 No. 571, approved by the Board of the National Bank of the Republic of Belarus on June 5, 1995, Minutes No. 13 (Bulletin of regulatory and legal information, 1995, No. 10).

2. Regulations on the procedure for conducting foreign exchange transactions on the territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996, minutes No. 11 (Bulletin of normative and legal information, 1996, No. 11).

3. Addendum 1 to the Regulation of the National Bank of the Republic of Belarus on the procedure for conducting foreign exchange transactions in the territory of the Republic of Belarus dated August 1, 1996 No. 768 (minutes dated June 25, 1996 No. 11, registration No. 1585/12 dated September 18, 1996) (Bulletin of normative and legal information, 1997, No. 8).

4. Regulation on the procedure for implementation retail and the provision of services to citizens for foreign currency on the territory of the Republic of Belarus dated January 6, 1998 No. 3, approved by the Board of the National Bank of the Republic of Belarus on December 23, 1997, minutes No. 28.5 (Bulletin of regulatory and legal information, 1998, No. 4).

5. Regulations on the procedure for conducting foreign exchange transactions in the territory of free economic zones in the Republic of Belarus, approved by the minutes of the meeting of the Board of the National Bank of the Republic of Belarus dated May 8, 1998 No. 10.3 (Bulletin of regulatory and legal information, 1998, No. 12).

6. Addendum 1 to the Regulation on the procedure for the implementation of retail trade and the provision of services to citizens for foreign currency in the territory of the Republic of Belarus No. 3 dated January 6, 1998, approved by the Board of the National Bank of the Republic of Belarus on May 28, 1998 (minutes No. 11.5) (Bulletin normatively -Legal Information, 1998, No. 13).

7. Addendum 2 to the Regulation of the National Bank of the Republic of Belarus on the procedure for conducting foreign exchange transactions in the territory of the Republic of Belarus No. 768 dated August 1, 1996, approved by the Board of the National Bank of the Republic of Belarus on August 3, 1998, minutes No. 13.7 (Bulletin of regulatory and legal information, 1998, No. 19).

8. Addendum 2 to the Regulation on the procedure for the implementation of retail trade and the provision of services to citizens for foreign currency on the territory of the Republic of Belarus No. 3 dated January 6, 1998, approved by the Board of the National Bank of the Republic of Belarus on October 12, 1998 (minutes No. 17.1) (Bulletin normatively -legal information, 1998, No. 22).

9. Resolution of the Board of the National Bank of the Republic of Belarus (Minutes No. 4.11 of March 1, 1999) “On Approval of Addendum 3 to the Regulation on the Procedure for Carrying out Retail Trade and Rendering Services to Citizens for Foreign Currency in the Territory of the Republic of Belarus No. 3 dated January 6, 1998 "(National Register of Legal Acts of the Republic of Belarus, 1999, No. 29, 8/172).

10. Resolution of the Board of the National Bank of the Republic of Belarus dated June 24, 1999 No. 9.6 "On Approval of Addendum 3 to the Regulation on the Procedure for Conducting Currency Transactions in the Territory of the Republic of Belarus No. 768 dated August 1, 1996" (National Register of Legal Acts of the Republic of Belarus, 1999 g., No. 55, 8/549).

11. Abolished.

12. Resolution of the Board of the National Bank of the Republic of Belarus dated February 24, 2000 No. 6.10 “On Amending the Regulations on the Procedure for Conducting Currency Transactions on the Territory of Free Economic Zones in the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on May 8, 1998 (Minutes No. 10.3) "(National Register of Legal Acts of the Republic of Belarus, 2000, No. 36, 8/3078).

13. Resolution of the Board of the National Bank of the Republic of Belarus dated March 30, 2000 No. 8.20 "On Amending the Regulations on the Procedure for Conducting Currency Transactions in the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996 (Minutes No. 11)" ( National Register of Legal Acts of the Republic of Belarus, 2000, No. 43, 8/3377).

14. Resolution of the Board of the National Bank of the Republic of Belarus dated May 18, 2000 No. 11.4 "On Amendments and Additions to the Regulations on the Procedure for Conducting Currency Transactions on the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996, Minutes No. 11" (National Register of Legal Acts of the Republic of Belarus, 2000, No. 55, 8/3548).

15. Resolution of the Board of the National Bank of the Republic of Belarus dated June 13, 2000 No. 13.3g "On the functions of banks as agents currency control"(National Register of Legal Acts of the Republic of Belarus, 2000, No. 61, 8/3622).

16. Resolution of the Board of Directors of the National Bank of the Republic of Belarus dated September 19, 2000 No. 24.7g “On clarification of certain norms of the Regulation of the National Bank of the Republic of Belarus on the procedure for conducting foreign exchange transactions on the territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996 ( Protocol No. 11) "(National Register of Legal Acts of the Republic of Belarus, 2000, No. 99, 8/4227).

17. Resolution of the Board of the National Bank of the Republic of Belarus dated September 28, 2000 No. 24.14 "On licensing certain types activities "(National Register of Legal Acts of the Republic of Belarus, 2000, No. 105, 8/4287).

18. Resolution of the Board of the National Bank of the Republic of Belarus dated November 13, 2000 No. 30.9 "On Amendments and Additions to the Regulations on the Procedure for the Implementation of Retail Trade and the Rendering of Services to Citizens for Foreign Currency in the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on December 23, 1997 (Protocol No. 28.5) "(National Register of Legal Acts of the Republic of Belarus, 2000, No. 119, 8/4471).

19. Resolution of the Board of the National Bank of the Republic of Belarus dated April 28, 2001 No. 100 “On Approval of the Rules for Conducting Currency Transactions Related to Capital Movements” (National Register of Legal Acts of the Republic of Belarus, 2001, No. 54, 8/6138).

20. Resolution of the Board of the National Bank of the Republic of Belarus dated April 28, 2001 No. 101 "On Amendments and Additions to the Regulations on the Procedure for Conducting Currency Transactions on the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996, Minutes No. 11" (National Register of Legal Acts of the Republic of Belarus, 2001, No. 54, 8/6139).

21. Resolution of the Board of the National Bank of the Republic of Belarus dated June 28, 2001 No. 166 "On the purchase foreign currency non-residents on the domestic foreign exchange market Of the Republic of Belarus "(National Register of Legal Acts of the Republic of Belarus, 2001, No. 76, 8/6406).

22. Resolution of the Board of the National Bank of the Republic of Belarus dated June 28, 2001 No. 169 "On approval of the Rules for carrying out operations on current (settlement) and deposit accounts of individuals in foreign currency" (National Register of Legal Acts of the Republic of Belarus, 2001, No. 73 , 8/6399).

23. Resolution of the Board of the National Bank of the Republic of Belarus of December 7, 2001 No. 315 "On Amendments and Amendments to the Regulations on the Procedure for the Implementation of Retail Trade and the Rendering of Services to Citizens for Foreign Currency in the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on December 23, 1997 (Protocol No. 28.5) "(National Register of Legal Acts of the Republic of Belarus, 2001, No. 118, 8/7526).

24. Resolution of the Board of the National Bank of the Republic of Belarus dated September 25, 2002 No. 190 "On Amendments and Additions to the Regulations on the Procedure for Conducting Currency Transactions on the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on June 25, 1996, Minutes No. 11" (National Register of Legal Acts of the Republic of Belarus, 2002, No. 118, 8/8661).

25. Resolution of the Board of the National Bank of the Republic of Belarus dated December 24, 2002 No. 241 “On Amending the Regulations on the Procedure for Carrying out Retail Trade and Rendering Services to Citizens for Foreign Currency in the Territory of the Republic of Belarus, approved by the Board of the National Bank of the Republic of Belarus on December 23, 1997. (Protocol No. 28.5) "(National Register of Legal Acts of the Republic of Belarus, 2003, No. 9, 8/8951).

26. Resolution of the Board of the National Bank of the Republic of Belarus dated October 15, 2003 No. 178 "On Amendments to the Regulations on the Procedure for Conducting Currency Transactions on the Territory of the Republic of Belarus" (National Register of Legal Acts of the Republic of Belarus, 2003, No. 123, 8/10139 ).

REGULATIONS
carrying out foreign exchange transactions

CHAPTER 1
BASIC TERMS AND CONCEPTS

1. The terms used in these Rules are used in the meanings specified in Article 1 of the Law of the Republic of Belarus dated July 22, 2003 "On currency regulation and currency control" (National Register of Legal Acts of the Republic of Belarus, 2003, No. 85, 2 / 978).

2. In relation to these Rules, terms and concepts are used in the following meanings:

banks - banks and non-bank credit and financial organizations, which are such in accordance with the legislation of the Republic of Belarus, their branches, as well as the National Bank of the Republic of Belarus (hereinafter - the National Bank), including its structural divisions;

non-resident banks - banks and non-bank credit and financial organizations, established in accordance with the legislation of a foreign state, with a location outside the Republic of Belarus;

subjects of currency transactions - legal entities created in accordance with the legislation of the Republic of Belarus, with a location in the Republic of Belarus; branches and representative offices of legal entities located outside the Republic of Belarus, created in accordance with the legislation of the Republic of Belarus, with a location in the Republic of Belarus; diplomatic and other official representations, consular offices of the Republic of Belarus located outside the Republic of Belarus; The Republic of Belarus, its administrative-territorial units participating in relations regulated by the currency legislation of the Republic of Belarus; legal entities created in accordance with the legislation foreign states located outside the Republic of Belarus; branches and representative offices of legal entities located in the Republic of Belarus and abroad, created in accordance with the legislation of foreign states, with a location outside the Republic of Belarus; organizations not legal entities created in accordance with the legislation of foreign states with a location outside the Republic of Belarus; branches and representative offices of organizations located in the Republic of Belarus and abroad, which are not legal entities and created in accordance with the legislation of foreign states, with a location outside the Republic of Belarus; diplomatic and other official representations, consular offices of foreign states located in the Republic of Belarus and abroad; international organizations, their branches and representative offices; foreign states, their administrative-territorial units participating in relations regulated by the currency legislation of the Republic of Belarus;

currency - Belarusian rubles, foreign currency;

calculations - execution monetary obligation by making payments by bank transfer or in cash.

For the purposes of using foreign currency when conducting foreign exchange transactions with the participation of individuals, provided for in Chapter 6 of these Rules, foreign exchange transactions carried out in the territory of the Republic of Belarus are understood as foreign exchange transactions involving settlements for which:

the transfer of cash is carried out on the territory of the Republic of Belarus;

cash received on the territory of the Republic of Belarus is credited to accounts opened with banks;

funds are transferred from accounts to accounts opened with banks.

Currency transactions carried out outside the Republic of Belarus are understood to mean all other currency transactions that are not related to currency transactions carried out on the territory of the Republic of Belarus.

If the place of transfer of cash is disputable, it is considered that the place of transfer is the territory of the Republic of Belarus.

2 1. Excluded.

CHAPTER 2
BASIC RULES FOR CARRYING OUT CURRENCY OPERATIONS

3. Currency transactions are carried out by residents and non-residents within the framework of the requirements of the legislation of the Republic of Belarus on the basis of agreements concluded by them or on other grounds stipulated by the legislation of the Republic of Belarus or the legislation of foreign states.

4. Individual entrepreneurs, notaries performing notarial activities in notary bureaus, lawyers performing advocacy individually - residents carry out foreign exchange transactions in the manner prescribed for the subjects of foreign exchange transactions - residents, except for foreign exchange transactions, during which they are determined by the legislation of the Republic of Belarus a special procedure for their implementation.

5. Individual entrepreneurs - non-residents carry out currency transactions in the manner prescribed for subjects of currency transactions - non-residents, unless otherwise established by the legislation of the Republic of Belarus.

6. Residents and non-residents carry out currency exchange operations on the territory of the Republic of Belarus through banks in accordance with the requirements of the regulatory legal acts of the National Bank.

7. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, when performing currency transactions between a resident and a non-resident on export or import, the change in the currency of obligations is allowed:

when changing the monetary obligations of the resident, expressed in Belarusian rubles, for monetary liabilities denominated in foreign currency;

8. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, when performing currency transactions (except for currency transactions for export, import) between a resident (except for a bank for a banking transaction) and a non-resident:

8.1. it is allowed to change the currency of obligations:

when the monetary obligations of a resident, expressed in foreign currency, are changed to monetary obligations expressed in Belarusian rubles;

when the monetary obligations of a non-resident, denominated in Belarusian rubles, are changed to monetary obligations denominated in foreign currency;

8.2. it is not allowed to change the currency of obligations:

monetary obligations of a resident, denominated in Belarusian rubles, for monetary obligations denominated in foreign currency;

monetary obligations of a non-resident, denominated in foreign currency, for monetary obligations denominated in Belarusian rubles.

9. Unless otherwise determined by the acts of the currency legislation of the Republic of Belarus, when performing currency transactions that are banking, between a bank and a non-resident, it is allowed to change the currency of obligations:

when the bank's monetary obligations, denominated in Belarusian rubles, are changed to monetary obligations denominated in foreign currency;

when the monetary obligations of a non-resident, denominated in foreign currency, are changed to monetary obligations denominated in Belarusian rubles;

when changing the monetary obligations of a non-resident, denominated in Belarusian rubles, to monetary obligations denominated in foreign currency.

10. Unless otherwise determined by the acts of the currency legislation of the Republic of Belarus, when performing currency transactions that are banking between the bank and the resident, the change in the currency of obligations is allowed:

when the bank's monetary obligations, denominated in foreign currency, are changed to monetary obligations denominated in Belarusian rubles;

when the monetary obligations of a resident, denominated in foreign currency, are changed to monetary obligations denominated in Belarusian rubles.

11. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, when performing currency transactions between residents (except for banks on banking operations) it is allowed to change the monetary obligations of a resident, denominated in foreign currency, to monetary obligations denominated in Belarusian rubles.

12. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, changing the monetary obligations of a resident, expressed in Belarusian rubles, to monetary obligations expressed in foreign currency, when performing transactions between residents (except for banks on banking operations) is allowed only in cases where the legislation The use of foreign currency between them is permitted in the Republic of Belarus.

13. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, when performing banking operations between a bank and a resident:

it is allowed to change the monetary obligations of a resident, expressed in Belarusian rubles, to monetary obligations expressed in foreign currency;

it is not allowed to change the bank's monetary obligations, expressed in Belarusian rubles, for monetary obligations expressed in foreign currency.

13 1. Unless otherwise specified by acts of currency legislation of the Republic of Belarus, when performing currency transactions between residents, between residents and non-residents, it is allowed to change monetary obligations expressed in one foreign currency to monetary obligations expressed in another foreign currency.

13 2. Excluded.

14. The collection of remuneration (fees) by the bank from the subjects of foreign exchange operations - residents, as well as from individuals when carrying out banking and other operations, is carried out in Belarusian rubles, except for the cases provided for in part two of this paragraph.

Allowed collection, payment by the bank in foreign currency:

interest for using a loan provided (received) in foreign currency;

interest on cash on current (calculated) bank accounts(hereinafter - the current (settlement) account) in foreign currency, in deposits (deposits) in foreign currency;

remuneration (discount) on a letter of credit, guarantee (counter-guarantee), collection, bank payment obligation, financing against the assignment of a monetary claim (factoring), bill of exchange, subject to the performance of these operations in foreign currency;

remuneration (fees) for transfers in foreign currency in favor of non-residents.

CHAPTER 3
IMPLEMENTATION OF CURRENT CURRENCY OPERATIONS AND CURRENCY OPERATIONS RELATED TO CAPITAL MOVEMENT

15. Current foreign exchange transactions are carried out between residents and non-residents without restrictions.

16. Individuals-residents carry out currency transactions related to the movement of capital:

on the basis of permits of the National Bank - currency transactions specified in Article 10 of the Law of the Republic of Belarus "On Currency Regulation and Currency Control";

without the permission of the National Bank - other foreign exchange operations.

17. Subjects of currency transactions (except for banks) carry out currency transactions related to the movement of capital:

in the registration procedure - currency transactions specified in clause 18 of these Rules;

by notification - currency transactions not specified in clause 18 of these Rules, as well as not specified in paragraphs two through nine, eleven and twelve of part five of Article 10 of the Law of the Republic of Belarus "On Currency Regulation and Currency Control".

18. Subjects of currency transactions - residents (except for banks) in the registration procedure carry out currency transactions related to the movement of capital, providing for:

18.1. the acquisition of shares during their distribution among the founders, a share in the authorized fund or a share in the property of a non-resident, as well as making additional contribution v statutory fund non-resident in case of its increase;

18.2. acquisition from a non-resident of securities issued (issued) by non-residents, with the exception of the acquisition of shares during their distribution among the founders;

18.3. acquisition of ownership of property located outside the Republic of Belarus and attributed under the legislation of the Republic of Belarus to immovable property, including on the basis of agreements providing for the creation of objects shared construction, with the exception of movable property equated to immovable property in accordance with legislative acts;

18.4. excluded;

18.5. placement of funds in non-resident banks or transfer of funds to non-residents (except for non-resident banks) on the basis of trust management;

18.6. provision of loans;

18.7. settlements for obligations arising from a subject of currency transactions - a resident (except for a bank), which is a surety, a guarantor, to a non-resident on the basis of a surety agreement, a guarantee concluded between them;

18.8. obtaining loans and (or) loans;

18.9. excluded;

18.10. excluded;

18.11. excluded.

19. Deleted.

20. Deleted.

21. Banks carry out foreign exchange operations related to the movement of capital:

on the basis of special permits (licenses) for the implementation banking issued The National Bank, - currency transactions that are banking;

without the permission of the National Bank, compliance with the registration or notification procedure - currency transactions specified in paragraphs two through nine, eleven and twelve of part five of Article 10 of the Law of the Republic of Belarus "On Currency Regulation and Currency Control";

in the notification order - other currency transactions.

22. Deleted.

CHAPTER 4
CURRENCY OPERATIONS BETWEEN CURRENCY TRANSACTIONS - RESIDENTS AND CURRENCY TRANSACTIONS - NON-RESIDENTS

23. Currency transactions between a resident subject of currency transactions and a non-resident subject of currency transactions using Belarusian rubles are carried out:

v cashless form- when carrying out all foreign exchange transactions;

in cash - when carrying out all foreign exchange transactions, subject to compliance with the amount of cash settlements determined by law.

24. When conducting currency transactions between a resident subject of currency transactions and a non-resident subject of currency transactions, foreign currency is used, the official rate of the Belarusian ruble against which is established by the National Bank.

Currency transactions between a resident subject of currency transactions and a non-resident subject of currency transactions using foreign currency are carried out in a non-cash form during all currency transactions.

The use of foreign currency in cash between a resident subject of foreign exchange transactions and a non-resident subject of foreign exchange transactions is permitted in the cases specified in Chapter 10 of these Rules.

CHAPTER 5
USE OF FOREIGN CURRENCY IN CARRYING OUT CURRENCY TRANSACTIONS BETWEEN CURRENCY TRANSACTIONS - RESIDENTS

25. When conducting currency transactions, the use of foreign currency between the subjects of currency transactions - residents is permitted in the following cases:

25.1. when settlements between the Ministry of Finance of the Republic of Belarus and subjects of foreign exchange transactions - residents, including with the participation of professional participants in the securities market, on transactions with government securities denominated in foreign currency, during their placement, redemption (early redemption) and payment of income on him;

25.2. when making settlements between the National Bank and the subjects of foreign exchange operations - residents, including with the participation of professional participants in the securities market, on operations with securities of the National Bank denominated in foreign currency, during their placement, redemption (early redemption) and payment of income on them ;

25.3. when settlements are made between the subjects of currency transactions - residents under a commission agreement, under the terms of which the commission agent exports for foreign currency;

25.4. in settlements carried out between the subjects of foreign exchange transactions - residents within the framework of agreements related to the attraction of state loans and local budgets for the specified loans;

25.5. when conducting between a bank and a subject of foreign exchange transactions - a resident, between banks operations with foreign currency, referred to banking operations, except for:

purchase and sale precious metals and (or) precious stones;

use of foreign currency for bank guarantee if the main monetary obligation between the principal and the beneficiary is expressed in Belarusian rubles;

the use of foreign currency under a financing agreement against the assignment of a monetary claim (factoring) if the main monetary obligation between the creditor and the debtor is expressed in Belarusian rubles;

25.6. when transferring by the subject of foreign exchange transactions - a resident of foreign currency:

to the subject of currency transactions - a resident to whom this foreign currency received from a non-resident for a currency transaction of a non-commercial nature is due;

to the accounts of legal successors in connection with the reorganization of the subject of currency transactions - resident;

25.7. when settlements under reinsurance contracts in cases where under insurance (co-insurance) contracts requiring, in accordance with the legislation of the Republic of Belarus on insurance, their further transfer to reinsurance, settlements in foreign currency are allowed;

25.8. when carrying out foreign exchange transactions related to:

with transfer (return) of foreign currency to (c) deposit (a) of a notary, court, enforcement authority or criminal prosecution body, if the use of foreign currency in relations between the debtor and the creditor is provided for by law;

with pledge, seizure, seizure, confiscation, conversion of foreign currency into state revenue in any other way;

with the transfer (return) of foreign currency by decision of the criminal prosecution authorities;

with transfer (return), collection of foreign currency on the basis of executive documents for unfulfilled monetary obligations of the payer, expressed in foreign currency;

25.9. when carrying out operational-search measures and pre-trial proceedings by authorized in accordance with legislative acts government bodies and officials;

25.10. when returning foreign currency:

25.11. when making settlements between subjects of currency transactions - residents and diplomatic and other official representations, consular institutions of the Republic of Belarus located outside the Republic of Belarus;

25.12. when making payments between the Ministry of Finance of the Republic of Belarus and the Fund social protection the population of the Ministry of Labor and Social Protection of the Republic of Belarus in accordance with international treaties (agreements) providing for the payment of pensions and benefits in foreign currency;

25.13. when paying with transport and (or) forwarding organizations for the transportation and (or) forwarding of goods outside and from outside the Republic of Belarus, outside the Republic of Belarus, during transit through the territory of the Republic of Belarus;

25.14. in other cases established by acts of currency legislation.

26. In cases where the use of foreign currency is allowed in relations between the subjects of currency transactions - residents, it can be used in the payment of a forfeit (fine, penalty), interest for the use of other people's funds or compensation for losses, if this is provided for by the documents that are the basis for conducting calculations.

27. When carrying out currency transactions specified in paragraph 25 of these Rules, between the subjects of currency transactions - residents, foreign currency is used, the official rate of the Belarusian ruble against which is established by the National Bank.

CHAPTER 6
CURRENCY OPERATIONS WITH INDIVIDUALS

28. The use of Belarusian rubles in all foreign exchange transactions is permitted:

28.1. on the territory of the Republic of Belarus in relations between an individual - a resident and an individual - a non-resident, between individuals - non-residents, between a subject of currency transactions and an individual;

28.2. outside the Republic of Belarus in relations between an individual - a resident and an individual - a non-resident, between a subject of currency transactions and an individual.

29. The use of foreign currency, securities and (or) payment documents in foreign currency when carrying out foreign exchange transactions on the territory of the Republic of Belarus is allowed:

29.1. in relations between individuals - residents - when carrying out currency transactions established by the Law of the Republic of Belarus "On Currency Regulation and Currency Control", as well as in other cases established by acts of currency legislation;

29.2. in relations between an individual - a resident and an individual - a non-resident, as well as between individuals - non-residents - on foreign exchange transactions involving donation (including in the form of donations), cancellation of donation, provision of loans, return of loans and interest for using them, transfer for storage and their return, as well as in other cases established by acts of currency legislation;

29.3. in relations between a subject of currency transactions and an individual - for currency transactions specified in clause 31 of these Rules.

30. The use of foreign currency when carrying out foreign exchange transactions outside the Republic of Belarus is permitted in the following cases:

30.1. in relations between individuals - residents and individuals - non-residents, between individuals - residents and subjects of foreign exchange transactions - non-residents, between individuals - non-residents and subjects of foreign exchange transactions - residents during all foreign exchange transactions;

30.2. in relations between individuals - residents when conducting currency transactions established by the Law of the Republic of Belarus "On Currency Regulation and Currency Control";

30.3. in relations between individuals - residents and subjects of currency transactions - residents:

when performing consular functions and collecting fees and duties for the performance of consular acts by diplomatic and other official missions, consular institutions of the Republic of Belarus located outside the Republic of Belarus;

under contracts for the carriage of passengers and their baggage, as well as cargo carried by an individual - a resident for personal, family, domestic and other needs across the territory of a foreign state;

when an individual - a resident is paid remuneration for the performance of his labor duties on the territory of a foreign state, including monetary remuneration and allowances for special conditions of work (service), taking into account the requirements established by the legislation of the Republic of Belarus on labor;

for the use of rental housing, which is in the operational management of organizations subordinate to the Administrative Department of the President of the Republic of Belarus, and located outside the territory of the Republic of Belarus.

31. The use of foreign currency when conducting currency transactions on the territory of the Republic of Belarus in relations between the subject of currency transactions and an individual is permitted in the following cases:

31.1. when selling goods in duty-free shops and on board aircraft of Belarusian aviation organizations, as well as when selling goods and providing services to individuals on trains of the state association "Belarusian Railway»Carrying out international transportation of passengers;

31.2. when conducting operations with foreign currency between a bank and an individual that are classified as banking operations, except for the sale and purchase of precious metals and (or) precious stones;

31.3. when conducting operational-search measures and pre-trial proceedings by state bodies and officials authorized in accordance with legislative acts;

31.4. in settlements between the Ministry of Finance of the Republic of Belarus and individuals, including with the participation of professional participants in the securities market, for operations with government securities denominated in foreign currency, during their placement, redemption (early redemption) and payment of income on them;

31.5. in settlements between the National Bank and individuals, including with the participation of professional participants in the securities market, on operations with securities of the National Bank denominated in foreign currency, during their placement, redemption (early redemption) and payment of income on them;

31.6. when returning foreign currency:

in cases of changes or termination of contracts;

erroneously and (or) excessively listed (transferred), collected;

for transactions that are invalid in accordance with the law;

31.7. when the Ministry of Foreign Affairs of the Republic of Belarus (including checkpoints on the State Border of the Republic of Belarus) collects consular fees from non-resident individuals;

31.8. when accepting foreign currency by diplomatic and other official missions, consular offices of foreign states when performing consular functions and collecting fees and duties for consular acts;

31.9. when carrying out foreign exchange transactions related to:

with the transfer (return) of foreign currency to (c) the deposit (s) of a notary, court, enforcement agency or criminal prosecution body, if the use of foreign currency in relations between the debtor and the creditor is provided for by law;

with a pledge, seizure, seizure, confiscation, turning foreign currency into state revenue in any other way;

with the transfer (return) of foreign currency by decision of the criminal prosecution authorities;

with transfer (refund), collection of foreign currency on the basis of executive documents for unfulfilled monetary obligations of the payer, expressed in foreign currency;

31.10. when performing non-commercial transactions between subjects of currency transactions - non-residents and individuals - residents, between subjects of currency transactions - residents and individuals - non-residents, as well as between subjects of currency transactions - residents and individuals - residents when paying to individuals - residents of foreign currency received from non-residents on non-commercial transactions;

31.11. when subjects of foreign exchange transactions pay out foreign currency to individuals to pay (reimburse) expenses related to business trips (trips) individual entrepreneurs) outside the Republic of Belarus, payments of compensations for the mobile and traveling nature of work, production of work on a rotational basis, permanent work on the way, work outside the place of residence (field allowance) on the territory of a foreign state, as well as the return of an unspent advance payment in foreign currency issued in connection with a business trip (trips of individual entrepreneurs) outside the Republic of Belarus;

31.12. in other cases established by acts of currency legislation.

31 1. In cases where the use of foreign currency is allowed in the relationship between the subject of foreign exchange transactions and an individual, it can be used in the payment of a forfeit (fine, penalty), interest for the use of other people's funds or compensation for losses, if this is provided for by the documents that are the basis for settlements ...

32. On the territory of the Republic of Belarus, for the purpose of collecting between individuals, it is allowed to exchange or buy, sell for Belarusian rubles of foreign currency in the form of coins, as well as single banknotes (differing from each other by the name of the currency and denomination) in foreign currencies, in relation to which the official the exchange rate of the Belarusian ruble is not set by the National Bank on a daily basis.

32 1. When carrying out foreign exchange transactions specified in clauses 29–31 of these Rules, with the participation of individuals, foreign currency is used, the official rate of the Belarusian ruble in relation to which is set by the National Bank.

CHAPTER 7
TRANSACTIONS ON THE ACCOUNTS OF INDIVIDUALS IN FOREIGN CURRENCY IN BANKS

33. Individual- a resident opens in a bank in foreign currency:

current (settlement) accounts;

34. Unless otherwise provided by the legislation of the Republic of Belarus, non-resident individuals open accounts in banks in foreign currency and Belarusian rubles and carry out transactions with them in the manner prescribed for resident individuals.

35. The following operations are performed on the current (settlement) account, the account for recording the contribution (deposit) of an individual in foreign currency:

deposit, withdrawal of foreign currency in accordance with the procedure established by the legislation of the Republic of Belarus;

making transfers to their accounts in foreign currency;

making transfers to individuals outside and outside the Republic of Belarus, not related to settlements on foreign exchange transactions;

settlements for foreign exchange transactions of an individual with residents or non-residents in cases where the use of foreign currency between them is permitted by acts of foreign exchange legislation.

35 1. Excluded.

36. Foreign currency on accounts and deposits (deposits) of individuals is issued at their request within the account balance in the manner prescribed by the relevant agreement with the bank, or on other grounds established by law.

CHAPTER 8
OPENING RESIDENT ACCOUNTS IN NON-RESIDENT BANKS

37. Individuals - residents open accounts in foreign currency and Belarusian rubles in non-resident banks without the permission of the National Bank.

38. Deleted.

39. Subjects of currency transactions - residents (except for banks) open accounts in foreign currency and in Belarusian rubles in non-resident banks:

without the permission of the National Bank;

in a notification order;

based on the permission of the National Bank.

40. Subjects of currency transactions - residents (with the exception of banks), without the permission of the National Bank, open accounts in non-resident banks for recording debts on credit transactions and accounts of diplomatic and other official representations of the Republic of Belarus, consular offices of the Republic of Belarus.

Subjects of foreign exchange transactions - residents (with the exception of banks), on a notification basis, open their representative offices' accounts with non-resident banks (hereinafter - the representative office account).

Subjects of currency transactions - residents (except for banks), on the basis of the permission of the National Bank, open other accounts with non-resident banks, except for accounts opened without the permission of the National Bank and in a notification procedure, unless otherwise established by the President of the Republic of Belarus.

40 1. Subjects of foreign exchange operations - residents (except for banks) on the account of the representative office carry out the following operations:

crediting to the account of the representative office of funds transferred from the account of the subject of currency transactions - resident opened with the bank of the Republic of Belarus or from the account opened with the non-resident bank on the basis of the permission of the National Bank, in accordance with the cost estimate for maintaining the representative office;

transfer of funds from the account of the representative office to carry out operations to maintain the representative office and perform functions directly related to its activities, including for payment to the state on the territory of which the representative office is located, taxes, duties, fees and other mandatory payments, as well as bank services - non-resident in which the account of the representative office is opened.

The account of the representative office cannot be used to carry out transactions for the implementation of entrepreneurial, investment activities, as well as operations to acquire rights to real estate, with the exception of rights arising from the lease of property for the purposes of the activities of the representative office.

Operations on the account of the representative office that are not specified in this clause are not allowed.

In case of closing the account of the representative office, the subject of foreign exchange transactions - the resident (except for banks) is obliged to transfer the balance of funds to the account with the bank.

41. Banks open accounts with non-resident banks without the permission of the National Bank.

41 1. Subjects of foreign exchange transactions - residents carry out transactions on an account opened in a non-resident bank on the basis of the permission of the National Bank, in accordance with the account regime specified in the permission of the National Bank.

The amount of foreign currency on the account of the subject of foreign exchange transactions - a resident, opened in a non-resident bank on the basis of the permission of the National Bank, in excess of the amount established by the permission of the National Bank, is subject to transfer to the Republic of Belarus within the time frame established by the permission.

CHAPTER 9
OPERATIONS ON ACCOUNTS OF FOREIGN EXCHANGE OPERATIONS - NON-RESIDENTS IN BANKS

42. To the subject of currency transactions - a non-resident (except for a non-resident bank) in the bank are opened in foreign currency, Belarusian rubles:

current (settlement) accounts;

accounts for the account of the contribution (deposit);

other accounts established by the legislation of the Republic of Belarus.

43. A current (settlement) account in foreign currency, Belarusian rubles is opened by a subject of currency transactions - a non-resident (except for a non-resident bank) or its representative office (branch).

44. Operations on the current (settlement) account in foreign currency, Belarusian rubles of the subject of foreign exchange operations - non-resident are carried out without restrictions on the types of operations, including foreign exchange operations, as well as operations with securities.

45. Operations on accounts in foreign currency, Belarusian rubles, subjects of foreign exchange operations - non-residents (except for non-resident banks, diplomatic and other official representations, consular offices of foreign states, as well as international organizations, including their representative offices) are carried out by bank transfer, unless otherwise established by the legislation of the Republic of Belarus.

46. ​​Non-resident banks, except for their representative offices, have the right to open in banks in Belarusian rubles, foreign currency:

correspondent accounts;

other accounts established by the legislation of the Republic of Belarus.

Representative offices of non-resident banks located in the Republic of Belarus open accounts in Belarusian rubles and foreign currency in accordance with the procedure established by the legislation of the Republic of Belarus for non-resident subjects of currency transactions.

47. Operations on accounts in foreign currency, Belarusian rubles of a non-resident bank are carried out without restrictions on the types of operations, including foreign exchange operations, as well as operations with securities.

CHAPTER 10
CURRENCY OPERATIONS USING CASH FOREIGN CURRENCY AND CASH BELARUSIAN RUBLES

48. The use of foreign currency in cash between the subjects of currency transactions - residents is allowed when carrying out currency transactions specified in subparagraphs 25.8, 25.9, 25.11 of paragraph 25 of these Rules.

49. The use of foreign currency in cash by subjects of foreign exchange transactions when conducting foreign exchange transactions with the participation of individuals is permitted in the cases specified in clauses 30 and 31 of these Rules.

In the cases specified in part one of this clause, the subjects of currency transactions have the right to issue change in an amount less than the amount of the minimum denomination of the banknote of the corresponding foreign currency, in Belarusian rubles at the official rate of the Belarusian ruble in relation to foreign currencies established by the National Bank on the day of the currency operations.

50. The use of foreign currency in cash between the subjects of foreign exchange transactions - residents and subjects of foreign exchange transactions - non-residents is allowed when carrying out the following foreign exchange transactions:

when subjects of foreign exchange transactions - non-residents pay for the costs associated with servicing aircraft of foreign states at airports, ships of foreign states in river ports, as well as when paying for air navigation, airport and port dues in the Republic of Belarus;

when subjects of currency transactions - residents pay for the costs associated with servicing aircraft of the Republic of Belarus at airports of foreign states, ships of subjects of currency transactions - residents in river and seaports of foreign states, other Vehicle while they are in the territories of foreign states, when paying for air navigation, airport, port dues and other mandatory fees on the territories of foreign states related to the provision of the activities of these subjects of currency transactions - residents;

when subjects of foreign exchange transactions - residents pay for services rendered by diplomatic and other official missions, consular offices of foreign states;

when subjects of foreign exchange transactions - non-residents pay for services rendered by diplomatic and other official representations, consular institutions of the Republic of Belarus located outside the Republic of Belarus;

when holding exhibitions, fairs, sports and cultural events on the territory of a foreign state;

when carrying out currency transactions specified in subparagraphs 25.8 and 25.9 of paragraph 25 of these Rules.

51. The use of foreign currency in cash by diplomatic and other official missions, consular offices of foreign states, as well as international organizations, including their missions, is permitted in the following cases:

upon receipt of foreign currency in cash from:

subjects of currency transactions - for services rendered;

individuals - for currency transactions specified in clause 31 of these Rules;

when withdrawing cash foreign currency for own needs.

52. The use of cash Belarusian rubles by subjects of foreign exchange transactions - non-residents when carrying out foreign exchange transactions is carried out in the manner and amount established by the legislation of the Republic of Belarus for subjects of foreign exchange transactions - residents.

53. The use of cash foreign currency by banks in cases not related to customer service is allowed when carrying out currency exchange operations with banks, non-resident banks and operations to exchange cash foreign currency of the same type for non-cash foreign currency of the same type, as well as in cases provided by these Rules for subjects of currency transactions - residents and other acts of currency legislation.

54. Use of foreign currency in cash (Belarusian rubles in cash) when non-resident banks deposit foreign currency in cash (Belarusian rubles in cash) to a correspondent account in foreign currency (Belarusian rubles) of a non-resident bank and withdraw foreign currency in cash (Belarusian rubles in cash) from a correspondent account in foreign currency (Belarusian rubles) of a non-resident bank is carried out without restrictions, unless otherwise established by the legislation of the Republic of Belarus.

55. The use of foreign currency in cash when carrying out other currency transactions is allowed in the cases established by acts of currency legislation.

56. Cash foreign currency received by subjects of foreign exchange transactions during foreign exchange transactions on the territory of the Republic of Belarus, outside the Republic of Belarus, as well as previously withdrawn and unused by them, is subject to mandatory crediting to their current (settlement) accounts, other accounts, except for foreign cash currencies:

received for carrying out operational-search measures and pre-trial proceedings by state bodies and officials authorized in accordance with legislative acts;

received from exhibitions, fairs, sports and cultural events in the territory of a foreign state and aimed at paying the costs of such events during the period of their holding;

received for expenses related to business trips (trips of individual entrepreneurs) outside the Republic of Belarus;

received in other cases established by law.

Publication

The main legislative document of currency control is the instruction of the Bank of Russia 04.06.2012 N 138-I "On the procedure for the submission by residents and non-residents to authorized banks of documents and information related to the conduct of currency transactions, the procedure for issuing transaction passports, as well as the procedure for accounting by authorized banks of currency transactions and control for their implementation ". Currency control documents are a transaction passport, a certificate of currency transactions, a certificate of supporting documents.

Transaction passport

Transaction passport (hereinafter referred to as PS) is obligatory document, which must be drawn up when carrying out foreign exchange transactions between residents and non-residents. To open a PS, you must contact the bank through which the settlements under the contract (or part of them) will pass. If all payments go through accounts opened with a bank outside the territory of the Russian Federation (non-resident bank), then the PS must be drawn up through the territorial office of the Bank of Russia to the legal address of the organization.

At the same time, the bank does not have an obligation to inform about the need to issue a PS, the obligation to issue it rests with the resident.

Substation must be opened if the following conditions are simultaneously met:

1. There is an agreed contract between a resident and a non-resident, preliminary agreement, a proposal to conclude an agreement (offer), or a draft agreement, which provides for:

• carrying out currency transactions related to settlements through resident accounts opened with authorized banks and (or) through resident accounts opened with non-resident banks;
• sale (purchase) and (or) provision of services related to the sale (purchase) on and outside the territory of the Russian Federation of fuels and lubricants (bunker fuel), food, inventories and other goods (except for spare parts and equipment), necessary to ensure the operation and maintenance of vehicles, regardless of their type and purpose, along the route or at intermediate stops or parking;
• performance of work, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them;
• transfer of movable and (or) immovable property under a lease agreement, finance lease(leasing)
• receipt or provision of funds in the form of a loan (loan), return of funds under a loan agreement (loan agreement), as well as the implementation of other foreign exchange transactions related to the receipt, provision, return of funds in the form of a loan (loan) (except for agreements ( contracts (agreements) recognized by law Russian Federation a kind of loan or equivalent to a loan).

In order to open a PS, it is necessary to provide the bank with one copy of the PS in Form 1 (or in Form 2 for loan agreements) in accordance with Appendix 4 to Instruction 138-I of the Bank of Russia, as well as an agreement or an extract from the contract containing the information necessary for registration of PS. If only a draft agreement is submitted, then no later than 15 working days from the date of signing the agreement, it must be submitted to the bank.

The bank accepts a contract for servicing and draws up a PS under it, or refuses to accept a contract for servicing and issue a PS on it within a period not exceeding three working days after the date of submission. The bank may refuse if the data specified in the completed PS form does not match the information and information contained in the provided and (or) other documents and information, if the PS form is filled out in violation of the requirements established by the Instruction, as well as if the resident fails to submit to the authorized bank of documents and information specified in clause 6.6 of Instruction 138-I of the Bank of Russia, including the submission of an incomplete set of documents, incomplete information, false documents (information). The PS is considered completed after the bank assigns it a number, affixes the date of registration and the signature of the person in charge. The issued PS is sent by the bank to the resident no later than two working days after the date of its execution. One transaction passport is drawn up for each contract.

The deadlines for submitting information to the bank for opening a PS is set depending on which of the following performance of obligations under the contract will begin earlier, but not later than the following deadlines:

You need to reissue the PS if:

To reissue the PS, an application for reissuing the PS is sent to the bank, as well as documents and information on the basis of which changes are made. The application must indicate:

• information about the resident;
• PS details;
• the section of the PS, which is amended;
• content of changes;
• information about the documents that are the basis for the renewal of the PS;
• date of signing by the resident of the application for renewal of the PS.

How to close the passport of the transaction?

The PS is closed in the following cases:

• when transferring from one bank to another in connection with the transfer of the service contract to another authorized bank, as well as when the resident closes all current accounts in the PS bank;
• when the parties fulfill all obligations under the contract;
• when a resident assigns a claim under a contract to another person - a resident, or when a resident transfers a debt under a contract to another person - a resident;
• upon assignment by a resident of a claim under a contract to a non-resident;
• when fulfilling (terminating) obligations under the contract on other, not specified above, grounds provided for by the legislation of the Russian Federation;
• upon termination of the grounds requiring the execution of the PS, including as a result of the introduction of appropriate changes or additions to the contract, as well as if the PS was mistakenly executed in the absence of grounds in the contract requiring its execution.

• documents confirming the assignment of a claim under a contract to another person - a resident or transfer of a debt under a contract to another person - a resident;
• a certificate of supporting documents and documents containing information confirming the fulfillment (termination) of obligations under the contract;
• documents testifying to the absence (termination) of the grounds requiring the registration of the PS.

When making a decision to close the PS, the bank, no later than two working days after the date of its closure, transfers to the resident in hard copy the closed PS and the statement generated as of the closing date bank control, and at the request of the resident of the PS and the bank control sheet in electronic form. In case of transfer of PS from one bank to another, the bank transfers to the resident on paper a copy of the closed PS and two copies of the bank control sheet formed on the date of closing the PS, as well as the PS and the bank control sheet in electronic form, for subsequent submission by the organization to another authorized bank where the contract will be serviced. The PS is considered closed from the date specified by the bank in section No. 4 "Information on registration, transfer and closing of the transaction passport".

In addition, the bank can independently close the PS after 180 calendar days from the date of completion of obligations under the contract in the following cases:

• upon execution (termination) based on the information available in the bank of all obligations under the contract and the resident's failure to submit an application to close the PS;
• in case of non-fulfillment, based on the information available in the PS bank, of all obligations under the contract and failure to submit by the resident within 180 calendar days following the date of completion of the obligations under the contract, documents and information on the basis of which the bank maintains a bank control sheet.

If, after the PS closure, the organization continues to work under this agreement, and the storage period for documents - at least three years from the date of PS closure - has not expired, then you can simply re-issue the PS, for which you need to contact the bank with an application. After that, the bank will continue to take into account operations under this agreement (clause 7.10 of Instruction 138-I of the Bank of Russia). If the storage period has expired, then it is necessary to issue a new PS in the prescribed manner.

It should be noted that significant fines are provided for violation of currency legislation, for example, for non-compliance with the rules for issuing a PS, a fine is threatened:

• officials - from 4,000 to 5,000 rubles;
• legal entities - from 40,000 to 50,000 rubles.

• when crediting foreign currency to a transit currency account;
• when debiting foreign currency from the current account;
• when making settlements under a letter of credit;
• when carrying out currency transactions through the settlement ruble account of the resident;
• when carrying out operations using bank card if the PS is open;
• in some cases - when making settlements through a resident's foreign account.

SVO is a document by which an organization declares the content of a currency transaction and the details of documents related to its conduct. Also, CBO is a document by means of which a resident, when making advance payments, indicates the deadline for the non-resident to fulfill his obligations.

When receiving the currency of the Russian Federation under an agreement without a PS, it is possible, and if there is a PS, it is necessary to issue an SVO, if in payment order the counterparty did not indicate the currency transaction code, or the organization does not agree with the specified code.

To provide SVO installed certain terms:

From 01.10.2013, a corrective CBO was introduced, which must be drawn up in case of changes in information from the previous CBO.

The deadline for submission of the corrective CBO is 15 working days after the date of registration of documents confirming the changes.

CBO and documents related to these operations must be submitted to the bank strictly in deadlines, since for violation of the terms a fine is provided:

• for legal entities - in the amount of 40,000 to 50,000 rubles;
• for officials - in the amount of 4,000 to 5,000 rubles.

According to the requirements of Instruction N 138-I of the Bank of Russia, upon the performance, change or termination of obligations under the contract under which the PS is drawn up, the resident must, within a certain time frame, submit to the bank in one copy the amendment on supporting documents (hereinafter referred to as SPD) as well as the following supporting documents :

• in the case of export (import) of goods from the territory (to the territory) of the Russian Federation, according to which there is a requirement for declaring and declaring them in a manner other than filing a declaration for goods, documents used as a declaration for goods;
• in case of export (import) of goods from the territory (to the territory) of the Russian Federation in the absence of a declaration requirement - transport (transportation, shipping), commercial documents, statistical form accounting for the movement of goods.
• in the case of performance of work, provision of services, transfer of information and results of intellectual activity - acts of acceptance and transfer, invoices, invoices and (or) other commercial documents drawn up under the contract;
• in case of other performance (change, termination) of obligations under the contract - other documents confirming the appropriate performance (change, termination) of obligations under the contract, including documents used by the resident to record his business transactions according to the rules accounting and business customs.

• no later than 15 working days after the month in which the date of their release (conditional release) was stamped on the documents used as a declaration for goods, an application for conditional release (application for the release of a component of exported goods). If there are several marks on these documents official customs authorities on different dates of release (conditional release) of goods, the term is calculated from the latest date of release (conditional release) of goods indicated on the document;
• within 15 working days after the end of the month in which supporting documents were issued for the import / export of goods from the territory (to the territory) of the Russian Federation in the absence of a requirement for declaring, performing work, rendering services, transferring information and results of intellectual activity.

The date of registration of supporting documents is the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its preparation or the date indicating the import into the territory of the Russian Federation (receipt, delivery, acceptance, movement) or export of goods from the territory of the Russian Federation (shipment, transfer, movement) specified in the supporting document. If a contract providing for the transfer of movable or immovable property under a lease agreement, financial lease (leasing), provision of communication services, insurance, defines payments that are made (will be made) with the frequency of time fixed in the terms of the contract, the resident does not submit to SPD bank and supporting documents. Fixed payments are payments, the amount of which is fixed in the terms of the agreement, or is determinable, i.e. the method of payment calculation is fixed in the agreement. In case of making other payments other than periodic fixed payments, the resident submits supporting documents to SPD Bank in accordance with the established procedure.

It is very important to monitor changes in foreign exchange legislation and strictly comply with its requirements, since violations entail significant fines.

Since 2016, the limitation period has been increased for bringing to justice for violation of the currency legislation of the Russian Federation and acts of currency regulation authorities. Now it is two years from the date of the commission administrative offense(Article 4.5 of the Administrative Code of the Russian Federation).

Currency transactions (Latin operatio - action) are actions to organize and manage monetary relations arising from the movement of currencies and securities in currencies.

Foreign exchange operations are carried out by banks that have the status of an authorized bank. An authorized bank is a bank that has received from The central bank The Russian Federation a license for the right to conduct operations with foreign currency.

Legal entities and individuals carrying out operations with foreign currency are divided into residents (Latin residens (resi - dentis) - sitting, staying) and non-residents.

In accordance with the Law of the Russian Federation of December 9, 1992 No. 3615-1 "On currency regulation and currency control", residents include:

1. Individuals with permanent residence in the Russian Federation, including those temporarily outside the Russian Federation.

2. Legal entities created in accordance with the legislation of the Russian Federation, headquartered in the Russian Federation.

3. Enterprises and organizations that are not legal entities, created in accordance with the legislation of the Russian Federation, with a seat in the Russian Federation.

4. Diplomatic and other official representations of the Russian Federation located outside the Russian Federation.

5. Branches and representative offices of residents located outside the Russian Federation specified in clauses 2 and 3.

Non-residents are:

1. Individuals with permanent residence outside the Russian Federation, including those temporarily in the Russian Federation.

2. Legal entities created in accordance with the legislation of foreign states, located outside the Russian Federation.

3. Enterprises and organizations that are not legal entities, created in accordance with the legislation of foreign states, with a location outside the Russian Federation.

4. Foreign diplomatic and other official missions located in the Russian Federation, as well as international organizations, their branches and representative offices.

5. Branches and representative offices of non-residents located in the Russian Federation specified in clauses 2 and 3.

Foreign exchange transactions can be associated with both cash payments (settlements, transfers, etc.) and capital flows (leasing, credit, etc.). Capital is put into circulation and generating income from this turnover. The movement of foreign exchange capital means the investor's investment of foreign currency in objects entrepreneurial activity in order to make a profit.

Foreign exchange transactions include:

♦ operations related to the transfer of ownership and other rights to currency values, including operations related to the use of foreign currency and payment documents in foreign currency as a means of payment;

♦ import and shipment to the Russian Federation, as well as export and shipment from the Russian Federation currency values;

♦ implementation of international remittances.

Transactions with foreign exchange and foreign exchange securities can be divided into two groups:

1. Current foreign exchange transactions.

2. Foreign exchange transactions associated with the movement of capital.

Current foreign exchange transactions include:

A) transfers to and from the Russian Federation of currency for making settlements without deferred payment for the export and import of goods (work, services), as well as for making settlements related to lending to export-import transactions for a period not exceeding 180 days;

B) obtaining and providing financial loans for a period not exceeding 180 days;

C) transfers to and from the Russian Federation of interest, dividends and other income on deposits, investments, loans and other operations related to the movement of capital;

D) transfers of a non-commodity nature to and from the Russian Federation, including transfers of amounts wages, pensions, alimony, inheritance, and other similar transactions.

Foreign exchange transactions associated with the movement of capital include:

A) direct investments, i.e. investments in the authorized capital of an enterprise in order to generate income and obtain the rights to participate in the management of the enterprise;

B) portfolio investments, i.e., the purchase of securities;

C) transfers in payment of ownership rights to buildings, structures and other property, including land and its subsoil, attributed under the laws of the country of its location to immovable property, as well as other rights to immovable property;

D) granting and receiving a deferred payment for a period of more than 180 days for the export and import of goods (works, services);

E) provision and receipt of financial loans for a period of more than 180 days;

E) all other foreign exchange transactions that are not current foreign exchange transactions.

Current foreign exchange transactions are carried out without restriction.

The Bank of Russia regulates current operations two ways:

1. By limiting the use of such forms of settlement as checks, bills of exchange, as well as the requirement to provide guarantees in the form of an advance or prepayment.

2. Strict control over the observance of the time period for transactions of 180 days. If the current transactions are overdue for a period of 180 days, penalties are applied.

When importing goods, the start date of the transaction is the shipment date. The date of shipment (loading on board, dispatch or acceptance for carriage) is the date of the transport document or the date on the stamp confirming acceptance for carriage, or the date of the mark of loading on board, whichever is later. It should be borne in mind that if several transport documents are issued (from different dates and / or from different ports of shipment) when goods are shipped on the same ship, the date of shipment is the date of the last transport document on the same voyage.

When exporting goods, the starting date of the transaction is the date of customs clearance of each individual shipment. In this case, the period is taken into account for each individual shipment.

The moment of fulfillment of the obligation under the transaction is the day of receipt currency funds to the exporter's account.

Currency transactions related to the movement of capital are carried out in accordance with instructions, letters and other regulations and operational documents of the Bank of Russia.

By letter of October 14, 1999, No. 93-P, the Central Bank of the Russian Federation approved the Regulation "On the Procedure for Conducting Certain Foreign Exchange Operations", according to which residents carry out such operations exclusively in rubles as:

♦ return to a non-resident of a credit (loan) previously provided to a resident by a non-resident in rubles;

♦ refund to a non-resident of an advance payment (prepayment) previously paid to a resident by a non-resident in rubles under a transaction;

♦ return to a non-resident of funds from common property under a simple partnership agreement (joint activity agreement), one of the participants of which is a resident, if the contribution under a simple partnership agreement (joint activity agreement) was made by a non-resident in rubles;

♦ return to a non-resident from trust management of funds transferred by a non-resident to trust management to a resident in rubles;

♦ payment to a non-resident of interest, penalties, commissions and other payments stipulated by the terms of the above transactions.

The above transactions in rubles are carried out by non-residents through ruble accounts opened for non-residents by authorized banks.

Non-residents carry out the following currency transactions exclusively in foreign currency:

♦ return to a resident of a credit (loan) previously provided to a non-resident by a resident in foreign currency;

♦ return to a resident of an advance payment (prepayment) previously paid to a non-resident by a resident in foreign currency under a transaction;

♦ return to a resident of funds from common property under a simple partnership agreement (joint activity agreement), one of the participants of which is a non-resident, if the contribution under a simple partnership agreement (joint activity agreement) was made by the resident in foreign currency;

♦ return to a resident from trust management of funds transferred by a resident into trust management to a non-resident in foreign currency;

♦ payment to a resident of interest, penalties, commissions and other payments stipulated by the terms of the above transactions.

The main body of currency regulation in the Russian Federation is the Bank of Russia, which:

♦ determines the scope and procedure for circulation of foreign currency and securities in foreign currency in the Russian Federation;

♦ issues normative acts for their execution by residents and non-residents;

♦ conducts all types of foreign exchange transactions;

♦ establishes all the rules for conducting foreign exchange operations by residents and non-residents, and for non-residents - operations with rubles and securities in rubles;

♦ establishes the procedure for the mandatory transfer, import and transfer of currency and securities in foreign currency owned by residents to the Russian Federation, as well as cases and conditions for residents to open accounts in foreign currency in banks outside the Russian Federation;

♦ sets general rules issuance of licenses to banks and credit institutions to carry out foreign exchange transactions and issues licenses;

♦ establishes uniform forms of accounting, reporting, documentation and statistics of foreign exchange transactions, including by authorized banks, as well as the procedure and terms for their submission;

♦ prepares and publishes statistics of foreign exchange transactions in the Russian Federation in accordance with accepted international standards.

Authorized banks accountable to the Bank of Russia act as a currency control agent.

The main areas of foreign exchange control are:

1. Determination of the compliance of the conducted foreign exchange operations with the current legislation and the availability of the necessary licenses and permits for them.

2. Verification of the fulfillment by residents of obligations in foreign currency to the state, as well as obligations to sell foreign currency outside the domestic foreign exchange market of Russia

3. Checking the validity of payments in foreign currency.

4. Checking the completeness and objectivity of accounting and reporting on foreign exchange transactions, as well as on transactions of non-residents in rubles (ie, in the currency of the Russian Federation).

The peculiarity of currency transactions is that they must be carried out not only in compliance with civil legislation, but also within strictly defined frameworks of currency legislation, i.e. subject to prohibitions and restrictions, established by law whose purpose is to provide economic security state, the stability of its monetary system as one of the foundations of social relations.

In accordance with the current legislation, several procedures should be distinguished for making transactions with foreign exchange values ​​in the Russian Federation:

transactions with foreign currency and securities in foreign currency that meet the criteria of the current foreign exchange transaction, carried out without obtaining licenses and permits;

transactions with foreign currency and securities in foreign currency that do not meet the criteria of the current foreign exchange transaction, carried out without obtaining licenses and permits in accordance with the regulations of the Central Bank of the Russian Federation;

transactions with foreign currency and securities in foreign currency that do not meet the criteria of the current foreign exchange transaction, carried out in accordance with the authorization procedure established by the Central Bank of the Russian Federation;

transactions with precious metals, natural precious stones, as well as pearls, performed in accordance with the procedure established by the Government of the Russian Federation.

The law established the following general regulations :

Current transactions are carried out by residents without restrictions, i.e. receiving special permission(licenses) of the Bank of Russia;

Capital operations are carried out by residents in accordance with the procedure established by the Bank of Russia.

Current foreign exchange transactions are carried out by residents without restrictions. Foreign exchange operations related to the movement of capital are carried out by residents in the manner prescribed by The central bank RF. In Article 9 of the Law on Foreign Exchange Regulation, the competence of the Central Bank as the main body of foreign exchange regulation is defined as follows:
"The Central Bank of the Russian Federation within the framework of the law:
a) determines the scope and order of circulation in the Russian Federation of foreign currency and securities in foreign currency;
b) issues normative acts that are binding on residents and non-residents in the Russian Federation;
c) conducts all types of currency transactions;
d) establish the rules of conduct by residents and non-residents in the Russian Federation of operations with foreign currency and securities in foreign currency, as well as the rules of conduct by non-residents in the Russian Federation of operations with the currency of the Russian Federation and securities in the currency of the Russian Federation;
e) establishes the procedure for the mandatory transfer, import and transfer to the Russian Federation of domestic currency and securities in foreign currency belonging to residents, as well as cases and conditions for residents to open accounts in foreign currency in banks outside the Russian Federation;
f) establishes general rules for issuing licenses to banks and other credit institutions for carrying out foreign exchange operations and issues such licenses;
g) establishes unified forms of accounting, reporting, documentation and statistics of currency transactions, including by authorized banks, as well as the procedure and deadlines for their submission;
h) prepares and publishes statistics of currency transactions of the Russian Federation in accordance with accepted international standards;
i) performs other functions provided by law. "

Currency legislation establishes the procedure for carrying out currency transactions by residents. At the same time, all transactions performed by residents must be carried out through authorized banks, which, in turn, are obliged to perform the functions of currency control agents over these transactions.

Legal entities carry out all foreign exchange operations on the basis of concluded agreements (contracts, agreements). In accordance with the current legislation, transactions concluded by legal entities must be made in writing. Written form the transaction is considered to be complied with as when drawing up a single document(for example, contracts), and in some other cases, for example, when exchanging letters, from which it follows that the parties have reached an agreement on all essential conditions contract.

»Types of foreign exchange transactions and general order their commission

A. S. Selivanovsky

Types of foreign exchange transactions and the general procedure for their performance

Basic concepts

Article 140 Civil Code Of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) it is established that the ruble is the legal tender that must be accepted at face value throughout the Russian Federation. The cases, procedure and conditions for the use of foreign currency on the territory of the Russian Federation are determined by law or in the manner prescribed by it. In Art. 141 of the Civil Code of the Russian Federation states that the types of property recognized as currency values ​​and the procedure for making transactions with it are determined by the law on currency regulation and currency control.

Consider the general rules for the implementation of foreign exchange transactions by residents.

The RF Law of 09.10.92 No. 3615-1 "On Currency Regulation and Currency Control" (hereinafter referred to as the Law) distinguishes between two concepts: "foreign currency" and "currency values".

The Law refers to the concept of "foreign currency":

a) banknotes in the form of banknotes, treasury bills, coins in circulation and being legal tender in the relevant foreign state or group of states, as well as banknotes withdrawn or withdrawn from circulation, but subject to exchange;

b) funds on accounts in monetary units foreign states and international monetary or units of account.

Under the term " currency values"The law understands:

a) foreign currency;

b) securities in foreign currency - payment documents (checks, bills of exchange, letters of credit and others), stock values ​​(stocks, bonds) and others debentures denominated in foreign currency;

c) precious metals - gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium) in any form and condition, with the exception of jewelry and other household items, as well as scrap of such items;

d) natural precious stones - diamonds, rubies, emeralds, sapphires and alexandrites in raw and processed form, as well as pearls, with the exception of jewelry and other household items made from these stones and scrap of such items.

The law refers to foreign exchange transactions:

a) operations related to the transfer of ownership and other rights to currency values, including operations related to the use of foreign currency and payment documents in foreign currency as a means of payment;

b) import and transfer to the Russian Federation, as well as export and transfer from the Russian Federation of currency values;

c) implementation of international money transfers;

d) settlements between residents and non-residents in the currency of the Russian Federation.

The law, in addition to property rights, uses the term “ other rights to currency values”, However does not disclose it. Let's consider some possible “other rights” that can be used as a criterion for classifying a transaction as a foreign exchange transaction.

At present, various opinions of experts are expressed on the issue of classifying a particular transaction as “other rights to currency values”. Most often, the following "other rights" are distinguished: the right of ownership, the right to use, the right to dispose, the right to demand the transfer (receipt) of currency values.

Transactions on the transfer of ownership of currency values ​​can be attributed to currency transactions (for example, the transfer of gold bars for storage or trust management).

The task of classifying transactions on the transfer of the right to use or dispose of currency values ​​to currency transactions looks more complicated.

Difficult questions arise when qualifying transactions, the object of which is the right to claim the transfer (receipt) of currency values. Unfortunately, at present there is no clear position of the Bank of Russia on this issue.

On the one hand, clause 1.14 of the Regulation on changing the procedure for carrying out certain types of foreign exchange transactions in the Russian Federation, approved by order of the Central Bank of the Russian Federation dated 04.24.96 No. 39 (hereinafter - Regulation No. 39), defines transactions on the transfer of claims from a resident to an authorized bank as foreign exchange an operation carried out without the permission (license) of the Bank of Russia.

On the other hand, in the Generalization of the Practice of Application of Bank of Russia Regulations on Foreign Exchange Regulation "Other Issues on the Application of Foreign Exchange Legislation", published on May 26, 2000, the Bank of Russia clarified that:

« By its nature, the transaction of assignment of a claim denominated in foreign currency is not a foreign exchange transaction.. Foreign currency transactions will be settlements in foreign currency under this transaction.

Unless otherwise provided by the regulations of the Bank of Russia, obtaining permission from the Bank of Russia to carry out such a foreign exchange operation is necessary to fulfill the monetary obligation in favor of the person to whom the claim is assigned, provided that such payments are made in foreign currency. "

It is impossible not to take into account the position of the Supreme Arbitration Court of the Russian Federation (hereinafter - the Supreme Arbitration Court of the Russian Federation) on this issue. In the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 05/31/2000 No. 52 "Review of the practice of arbitration courts disputes related to the application of legislation on foreign exchange regulation and foreign exchange control "one case is given related to the qualification of an agreement (transaction) regarding the performance of obligations in foreign currency as a foreign exchange transaction. A concluded with the resident B contract under which a resident B pledged to make a payment in foreign currency to a non-resident for a resident A... Currency control authority fined the resident A for the performance of a capital foreign exchange operation performed without a license from the Bank of Russia. Considering this case, the Supreme Arbitration Court of the Russian Federation indicated that “Imposing the performance of an obligation in foreign currency on a third party gives the third party the appropriate powers, but does not create the latter's obligation to perform performance against his will and is not identical to the performance of an obligation in foreign currency. Such an imposition does not oblige its addressee to act in violation of the law even when it is contained in civil contract... In the above example, a foreign exchange operation is a transfer of foreign currency to a non-resident by a third party, and not an agreement between the latter and the contract holder.. A foreign exchange operation performed by a third party required obtaining permission from the Bank of Russia for the following reasons ... In this case, a violation of currency legislation is the implementation by a third party - a resident, without the latter receiving permission from the Bank of Russia, settlements in foreign currency under a foreign economic contract providing for the import of goods into the Russian Federation, concluded by another resident with a non-resident. "

Thus, it is currently unclear whether foreign exchange transactions include transactions with foreign exchange values, under the terms of which the ownership of foreign exchange values ​​does not transfer.

Currency transactions can be divided into the following groups:

1. operations with foreign currency and securities in foreign currency;
2. operations with precious metals, precious stones, pearls;
3. transactions related to settlements in the currency of the Russian Federation between residents and non-residents.

The first group of foreign exchange transactions is divided by the Law into current transactions and foreign exchange transactions related to the movement of capital (hereinafter - capital transactions). In relation to the second and third groups of operations, such a division is not applicable, and the Law establishes special rules for the implementation of such operations.

The qualification of a currency transaction is an important task, since the incorrect assignment of a transaction to any group entails the application of sanctions by the currency control authorities. As evidenced by judicial and arbitration practice, most disputes related to the application of foreign exchange legislation arise over the definition of a foreign exchange transaction as current or capital and comes down to the application of liability to a person for a capital transaction without the appropriate permission of the Bank of Russia.

Current operations

The law provides a closed (exhaustive) list of current operations:

a) transfers to the Russian Federation and from the Russian Federation of foreign currency for making settlements without deferred payment for the export and import of goods (works, services, results of intellectual activity), as well as for making settlements related to crediting export-import transactions for a period not exceeding 90 days;

b) obtaining and providing financial loans for a period not exceeding 180 days;

c) transfers to the Russian Federation and from the Russian Federation of interest, dividends and other income on deposits, investments, loans and other operations related to the movement of capital;

d) transfers of a non-commercial nature to and from the Russian Federation, including transfers of wages, pensions, alimony, inheritance, as well as other similar transactions.

Let's dwell on each type of current operations in more detail.

Export or import operations with payment up to 90 days. The condition for classifying payments for foreign trade activities as current foreign exchange transactions is the absence of conditions for deferring payments for the export and import of goods (works, services, results of intellectual activity) for a period exceeding 90 days (Until December 30, 1998, No. given time was 180 days).

Credit operations for up to 180 days ... The law refers to current operations the receipt and provision of financial loans for a period not exceeding 180 days. This definition was introduced in 1992 and has not changed since then. However, the absence in the Law of the definition of “financial credit” for a long time complicated the application of this provision.

Chapter 42 of the second part of the Civil Code of the Russian Federation, entered into force on March 1, 1996, draws a clear line between the loan agreement and credit agreement... In this regard, there was a lack of clarity in the classification of operations to attract (grant) loans from residents and non-residents.

This problem was resolved in the "Generalization of the Practice of Application of Bank of Russia Regulations on Foreign Exchange Regulation" Other Issues on the Application of Foreign Exchange Legislation ", published on August 10, 2000. The Bank of Russia clarified that:

“Since financial loans and borrowings in their essence have a single economic nature, residents (legal entities and individuals) have the right to provide loans in foreign currency to residents and non-residents (legal entities and individuals) for a period not exceeding 180 days without restrictions, as well as receive loans from residents and non-residents (legal entities and individuals) in foreign currency for a period not exceeding 180 days. In this case, settlements must be carried out in a non-cash manner. "

Thus, for the purposes of foreign exchange legislation, the concept of "financial credit" includes both loans and borrowings.

Upon receipt of a loan, the calculation of the specified period is carried out from the date of crediting funds in foreign currency to a foreign currency account until the date of debiting funds sent in the form of a loan (loan) return. The term for granting a loan (loan) is calculated in the same way.

Earning investment income ... The Law refers to current operations as transfers to the Russian Federation and from the Russian Federation of interest, dividends and other income on deposits, investments, loans and other operations related to the movement of capital.

It should be noted that the condition for classifying transfers to and from the Russian Federation of funds as interest, dividends and other income on deposits, investments, loans and other capital operations to current operations is the fact of a previously carried out capital operation. Otherwise, a foreign exchange transaction to transfer interest, dividends and other investment income must be qualified as a capital transaction.

Non-trading operations. The law classifies as current transactions non-commercial transfers to and from the Russian Federation, including transfers of wages, pensions, alimony, inheritance, and other similar transactions.

The concept of “transfers of a non-commercial nature” is defined by listing possible cases: transfers of wages, alimony, inheritance, while the Law leaves this list open. In this regard, questions arise about the criteria for classifying certain operations as non-trading.

The Bank of Russia expressed its position on this issue in the clarification of the Department of Currency Regulation and Currency Control of the Bank of Russia, published on August 19, 1997 in the “Bulletin of the Bank of Russia”:

“The current legislation does not establish an exhaustive list of non-trading operations. Non-trading operations include currency transactions that are specified in subparagraph "d" of paragraph 9 of Article 1 of the Law of the Russian Federation "On Currency Regulation and Currency Control". In addition, lists of non-commercial transactions are contained in intergovernmental agreements on non-commercial payments concluded by the Russian Federation with a number of foreign states. "

It should also be noted that some types of non-trading foreign exchange transactions carried out without the permission of the Bank of Russia are highlighted by the Bank of Russia in Regulation No. 39:

• payment of entrance and membership fees in favor of international (governmental and non-governmental) organizations;
• payment for participation in international symposia, conferences, other international meetings, as well as international exhibitions, fairs, sports competitions, and other cultural events held on the territory of foreign states;
• enrollment by residents who are not commercial organizations, by bank transfer to their foreign currency accounts opened in authorized banks, foreign currency received from non-residents as voluntary and gratuitous donations; transfers by residents of the Russian Federation of foreign currency in favor of non-residents in payment for training and treatment of individuals;
• transfers by residents of the Russian Federation of pensions, alimony, government benefits, additional payments and compensations, amounts paid on the basis of judgments, decisions and rulings of judicial and other competent authorities, inheritance amounts and amounts received from the sale of inherited property, as well as payments to reimburse the costs of judicial, arbitration, notarial and other administrative bodies (including including the payment of taxes, fees, duties and other mandatory payments for the performance of their functions by the indicated bodies) in accordance with the legislation of foreign states, etc.

Capital operations

Unlike current operations, the Law lists operations related to the movement of capital in the following open list:

a) direct investments, that is, investments in the authorized capital of an enterprise in order to generate income and obtain the rights to participate in the management of the enterprise;

b) portfolio investments, that is, the purchase of securities;

c) transfers in payment of ownership rights to buildings, structures and other property, including land and its subsoil, classified under the laws of the country of its location as immovable property, as well as other rights to immovable property;

d) granting and receiving a deferred payment for a period of more than 90 days for the export and import of goods (works, services, results of intellectual activity);

e) provision and receipt of financial loans for a period of more than 180 days;

f) all other foreign exchange transactions that are not current foreign exchange transactions.

The principle of this qualification: all foreign exchange transactions that do not fall into the category of current transactions are recognized by the Law as capital transactions.

Let us dwell in more detail on two types of capital operations, which the Law distinguishes in this list separately.

Direct investments ... By direct investment, the Law understands investments in the authorized capital of an enterprise in order to generate income and obtain the rights to participate in the management of the enterprise. It should be noted that this rule applies both when investing in the authorized capital of non-resident enterprises and when investing in the authorized capital of Russian legal entities. Unfortunately, the Law does not clearly formulate and does not disclose the concept of “investment in authorized capital”. In this regard, this rule can be interpreted in different ways.

Possible "broad" interpretation, in accordance with which any acquisition of rights to participate in the management of a legal entity is a capital transaction. In accordance with the "narrow" interpretation of this provision, a capital transaction is only the transfer of funds in foreign currency in payment authorized capital legal entity in order to generate income and, at the same time, obtain the rights to participate in the management of this legal entity.

In our opinion, solving this problem should be based on the concepts of "currency transaction" and "currency values" defined by the Law. To classify foreign exchange transactions as related to "investment in authorized capital", it is advisable to consider only transactions related to the transfer of ownership and other rights to currency values, as well as the implementation of international money transfers. Capital operations in this case will be:

• payment in foreign currency as payment for the authorized capital of a legal entity during the initial issue;
• payment of participation fees non-resident legal entity by depositing currency values ​​(securities in foreign currency or precious metals or stones);
• acquisition of ownership (and / or other rights) to securities of a legal entity, certifying participation in the authorized capital and denominated in foreign currency, in the secondary market.

Real estate acquisition transactions. The law refers to such operations as transfers in payment of ownership and other rights to real estate (buildings, structures and other property, including land and its subsoil, which, according to the legislation of the country of its location, are classified as real estate). Due to the lack of a clear definition of the scope of the Law and the concept of “other rights to real estate”, disputes often arise not only about the qualifications of a particular currency operation, but also about the legality of the application of the Law. Here are two situations that clearly demonstrate the imperfection of the current legislation.

Situation one... An individual - a resident travels abroad of the Russian Federation and transports a certain amount of funds in foreign currency, subject to Russian legislation... During your stay abroad this person concludes an agreement on the purchase of a house outside the Russian Federation and pays for real estate in cash in foreign currency. In this case, there is no transfer that serves as a criterion for classifying a transaction as capital.

Situation two... A resident individual, subject to the current Russian legislation, travels abroad to the resort of the Russian Federation. This person books a hotel room and makes the corresponding transfer in payment for the room. It is obvious that a hotel room, being a room, belongs to real estate, and this person enters into an agreement on the lease of real estate. This operation, according to the letter of the Law, should be considered as capital, therefore, for its implementation it is necessary to obtain a permit (license) from the Bank of Russia, which in this situation looks absurd.

It should be noted that the concept of "real estate" is regulated by the legislation of each independent state. Therefore, conflicts arise in the legal qualification of transfers in payment for such objects as current or capital foreign exchange transactions.

Procedure for carrying out currency transactions by residents

The peculiarity of currency transactions is that they must be carried out not only in compliance with civil legislation, but also within strictly defined frameworks of currency legislation, i.e. taking into account the prohibitions and restrictions established by the law, the purpose of which is to ensure the economic security of the state, the stability of its monetary system as one of the foundations of social relations.

The law in Article 6 established the following general rules:

• current transactions are carried out by residents without restrictions, i.e. obtaining a special permit (license) from the Bank of Russia;
• capital operations are carried out by residents in accordance with the procedure established by the Bank of Russia.

Currently, the Bank of Russia has established three procedures (order) for the implementation of capital operations:

1. Operations listed in legislation (for example, in Federal law"About leasing", regulations Bank of Russia, for example, in Regulation No. 39, are carried out without obtaining permission from the Bank of Russia). We will conventionally call this order "Unlicensed";

The difference between current operations and unlicensed capital operations is that the Bank of Russia, within its competence, has the right to change the procedure for conducting them, including introducing a licensing procedure, while the procedure for carrying out current operations is determined by the Law. It should be noted, however, that the Bank of Russia has broad powers and is in its power to establish strict rules for conducting current operations. An example is the instruction, jointly with the State Customs Committee of the Russian Federation, dated 04.10.2000 No. 01-11 / 28644, 91-I "On the procedure for exercising currency control over the reasonableness of payment by residents for imported goods" (hereinafter - Instruction No. 91-I).

It should be noted that for some groups of organizations there are special rules for conducting capital operations (authorized banks, insurance organizations, individuals).

It should also be borne in mind that on the territory of the Russian Federation, the legal tender is the ruble, and the use of foreign currency is possible only in cases determined by law or in the manner prescribed by it. Therefore, some current operations carried out on the territory of the Russian Federation must be carried out on the basis of a permit (license) of the Bank of Russia, unless otherwise established by it.

Currency legislation establishes the procedure for carrying out currency transactions by residents. At the same time, all transactions performed by residents must be carried out through authorized banks, which, in turn, are obliged to perform the functions of currency control agents over these transactions.

Legal entities carry out all foreign exchange operations on the basis of concluded agreements (contracts, agreements). In accordance with the current legislation, transactions concluded by legal entities must be made in writing. The written form of the transaction is considered to be observed both when drawing up a single document (for example, an agreement), and in some other cases, for example, when exchanging letters, from which it follows that the parties have reached an agreement on all the essential terms of the contract.

By letter of 15.07.96 No. 300, the Bank of Russia informed the authorized banks of the “Recommendations on the minimum requirements for obligatory requisites and the form of foreign trade contracts ”. Authorized banks it was ordered to familiarize their clients - participants in foreign trade activities with this document and recommend to be guided by it when concluding export-import transactions.

Accounting No. 4, 2001