From March 1, 2018, transactions under contracts in foreign currency will need to be executed according to the new rules. The Central Bank approved a new instruction for this.
Source: Instruction of the Central Bank of 08.16.17 No. 181-I
the main thing
There will be no more passports for the transaction.
Instead, banks will keep records of contracts worth more than 3 million rubles.
The bank still has the right to request documents on the transaction if it has suspicions. Even if the amount of the contract is less than 3 million.
The list and forms of documents for processing the transaction have changed. But you don’t have to figure it out: the bank will help.
What is the deal passport?
A transaction passport is a document that a bank draws up for an import or export contract. It is needed for currency control. Data from documents provided by the client is entered into the transaction passport. When the parties fulfill their obligations, the transaction passport is closed. Then the bank transfers the transaction data to the Central Bank.
Ekaterina Miroshkina
economist
An import transaction passport is issued to the importer, that is, to the one who imports goods from abroad to the territory of Russia. Or when they order services from a non-resident in the territory of another state. Using the passport of the import transaction, the bank controlled how justified the payment to the foreign company was.
An export transaction passport is a document issued for an exporter. That is, a bank client sells goods abroad and receives money from there. The duty of the bank is to control the terms of payment and other terms of the contract. For this, an export transaction passport was issued for each contract.
If everything is not in order with the documents, the transaction passport will not be executed and payments will not be made. The bank has such a right by law.
Whom does this concern?
This applies to entrepreneurs and firms involved in import or export. For example, they sell goods abroad, provide services to foreign companies or rent property abroad. Settlements under such contracts are made out according to special rules. For example, in order to sell goods in Russia, it is enough to conclude a regular contract of sale and receive money in the account. In order to sell the same product abroad, it was necessary to additionally issue an export transaction passport, and the bank controlled the implementation of the contract.
You can’t just conclude an agreement with a non-resident and transfer money to him. You will have to connect the currency control department, provide the bank with documents and issue a transaction passport. Otherwise, it will not work legally to pay: the bank does not have the right to make a payment.
It takes time to collect documents and issue a transaction passport. Still for this you need to pay at the bank rates. Such rules.
Passports of the transaction will not be needed at all?
Yes, from March 1, 2018 there will be no transaction passports. But this does not mean that settlements under contracts with foreign companies will be carried out automatically.
Currency control is not going anywhere. But instead of issuing a transaction passport, the bank will register the contract.
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By what rules will banks register contracts?
Banks will register only those contracts, the amount of which exceeds the limit. For import contracts and credit agreements - 3 million rubles, for export - 6 million rubles. If the amount is less in the contract, it is not recorded.
For the contract to be registered, the bank must provide information about the contract and the details of the second party. For import and export contracts, different lists of information. The employees of the currency control department will explain what is needed in a particular case and how to arrange everything.
Registration of contracts will be carried out in one day. Calculations will become faster and easier.
The bank will not be able to refuse to register the contract. If there is all the data, the contract will be registered anyway.
Does the bank have the right to request documents for any payment under a foreign exchange agreement?
No, not for anyone. If the amount is less than 200 thousand rubles in ruble equivalent, under the new rules, documents do not need to be submitted.
Is it possible to divide transfers into several payments up to 200 thousand and not provide anything to the bank?
It won’t work out that way. What matters is not the amount of the payment, but the amount of the contract. If it is more than 200 thousand, the bank may request documents on the transaction. If more than 3 million rubles for import or 6 million for export, the contract will be registered.
You can conclude an agreement with a foreign company and pay in rubles. Then you do not need to provide and register anything?
And the counterparty does not have to be a company abroad. It can work in Russia, accept or transfer rubles, and the transaction will fall under foreign exchange control. For example, if it is a representative office of a foreign company in Russia.
If the contract was concluded in 2017, and settlements in 2018, according to what instructions do you need to complete everything?
In 2018, a new instruction will work for all transactions. The Central Bank explained what to do in the transition period.
If the transaction passport is executed, but not closed, in 2018 it will be automatically closed, and the contract will be registered.
If the documents are checked, but the passport has not been issued yet, they will not issue it. The contract will be registered based on the same documents. It is not necessary to collect information for issuing a passport for an import transaction or export.
If the bank managed to issue a transaction passport, you can ask and a document will be issued.
New rules help save money?
They will help, but not everyone. For registration and accounting of contracts you still have to pay. Cancellation of a transaction passport does not mean cancellation of a fee for currency control. For a bank, this is almost the same job, only called differently.
Save time and money will be able to those who have contracts for small amounts. They will have to collect less documents. Plus, you can save on commissions for currency control.
Documents can be executed faster. Now the transaction passport is prepared for three days. Next year, the contract will be registered per day.
Here's how you can save on the design of foreign exchange transactions.
Check your bank rates. Everyone has different commissions and conditions. There are tariffs where there are no currency control services at all. And there is a reduced fee and a limit on the amount of the commission. You can choose the right one depending on the turnover and the amount of transactions.
Find out how you can transfer documents. Carry originals and copies in the bank for a long time. If something is not enough, you have to go again. It is more convenient to upload scans in your account or send to chat with the manager. If the bank has such a service, things will go faster.
Find a foreign exchange advisor. Import and export are more complicated than settlements with residents. For any violation fined. As a result, you can lose more than you earn. Find out in your bank who can help and if there is a personal manager for complex issues. If the expert connects to the transaction on time, there will be no mistakes and save.
E.O. Kalinchenko, economist, accountant
FEA: currency control documents for the bank
What documents and in what terms should residents submit a contract with a non-resident submit to the bank
Banking foreign exchange control is an integral part of foreign economic activity. If you have concluded, for example, a foreign trade contract with a foreign organization, and signed a contract with a non-resident for the provision of services, leasing (leasing), then you cannot avoid communicating with the bank in the framework of currency control. But how close it will be depends on a number of factors. This article will help you figure out what documents and in what time frame will need to be submitted to the bank regarding a contract with a non-resident.
Non-residents for currency control purposes is, in particular, and n. 7 h. 1 Article 1 of the Law of 10.12.2003 No. 173-FZ (hereinafter - the Law No. 173-FZ):
- organizations created in accordance with the laws of foreign countries and located outside our country;
- branches (permanent missions) of these organizations located in Russia;
- individuals who are not citizens of our country (with the exception of foreign citizens permanently residing with us (stateless persons) with a residence permit);
- russian citizens who have been in a foreign country for at least 1 year:
- permanently reside;
- temporarily stay on the basis of at least an annual work or study visa (their combination with a total validity of at least 1 year).
Transaction passport
Once you have concluded a contract with a non-resident, the first thing you need to do in the framework of bank currency control is to determine whether to issue a transaction passport or not.
If the amount of your contract with a non-resident is equal to the equivalent of 50 thousand US dollars at the exchange rate established by the Central Bank of the Russian Federation on the date of conclusion of the contract, or exceeds this value, you need to issue a transaction passport with an authorized bank through which payments under the contract will be processed with p. 5.2, 6.1. Instructions of the Central Bank of 04.06.2012 No. 138-I (hereinafter - the Instruction No. 138-I). And in a situation where all payments will go through accounts with foreign banks, you will have to draw up a transaction passport at the territorial office of the Central Bank at your legal address at clause 11.1 of Instructions No. 138-I. Looking ahead, we will say that in the future it will also be necessary to submit certificates of currency control there clause 11.5 of Instructions No. 138-I. If the calculations only partially go through foreign accounts, then the transaction passport must be opened in an authorized bank and accountable to it p. 11.2, 11.10 Instructions No. 138-I.
More information about registration, renewal and closing of transaction passports is written:It happens that at the date of conclusion of the contract a transaction passport is not required, since the amount of obligations is less than 50 thousand US dollars in equivalent. However, in the future, liabilities increase (their total amount becomes equal to 50 thousand dollars in equivalent or more). And you already need to issue a transaction passport. This must be done no later than the date when the amount of contractual obligations exceeds the above amounts for clause 6.5.3 of Instructions No. 138-I. Therefore, if you anticipate such a development of events, then you can submit to the bank the documents necessary for issuing a transaction passport, in advance clause 1 of the Information Letter of the Central Bank dated 07.05.2014 No. 44.
The deadline by which the transaction passport is to be issued depends on which operation will be the first under the contract. In general cases, you need to issue a transaction passport within the time periods indicated in the table.
| The first transaction under a contract with a non-resident | Deadline for submitting documents for registration of a transaction passport |
| Crediting to a foreign currency account (ruble d) clause 6.5.1 of Instructions No. 138-I | Not later than 15 working days from the date of receipt of money in the account p. 2.3, 3.8 Instructions No. 138-I |
| Write-off from the account of foreign currency (ruble) clause 6.5.2 of Instructions No. 138-I | Simultaneously with an order for a currency transfer or a settlement document p. 2.3, 3.8 Instructions No. 138-I |
| Import to Russia (export from Russia) of declared goods in clause 6.5.4 of Instructions No. 138-I | Not later than the filing date of the goods declaration (documents used as a declaration) |
| Import to Russia (export from Russia) of undeclared goods in p. 6.5.5, 9.1.2 Instructions No. 138-I | Not later than 15 working days after a month of processing shipping and commercial documents in p. 9.1.2, 9.2.2, 9.3 Instructions No. 138-I |
| Performance of work, provision of services, transfer of information and results of intellectual activity and clause 6.5.6 of Instructions No. 138-I | p. 9.1.3, 9.2.2, 9.3 Instructions No. 138-I |
To draw up a transaction passport, you need to submit a contract or an extract from it to the bank clause 6.6.2 of Instructions No. 138-I. But far from always the conclusion of an agreement involves the preparation of one document signed by the parties. You could conclude a foreign economic contract by exchanging, say, faxes or electronic documents (allowing you to reliably establish that the document comes from the counterparty a) clause 1, Article 160, Art. 434 of the Civil Code. Also, the contract will be considered concluded (in writing) if, having received a written proposal from the counterparty, you agree and, say, ship the goods or transfer the money and section 3, Art. 438 of the Civil Code. As the Central Bank explained, in this case you need to submit to the authorized bank the documents that you exchanged with your foreign partner Methodical recommendations of the Central Bank of June 15, 2015 No. 14-MR. For example, the letter of delivery received by fax from a foreign counterparty and the original of your response account, sent to the partner by fax. Or upon acceptance by action - an invoice for shipment of goods. The main thing is that the documents that you exchanged with the counterparty contain all the essential terms of the contract necessary for currency control. In particular, the subject of the contract (name of the delivered goods, description of the services provided, etc.), the price of the contract, the time for the parties to fulfill their obligations.
The bank has 3 working days to review the submitted documents and make a decision. If the bank finds any errors in the form of the transaction passport that you filled out, inconsistencies with the data of the submitted documents, or the absence of any necessary papers, it will return the submitted documents to you for elimination p. 6.9, 6.10 Instructions No. 138-I. At the same time, documents for issuing a transaction passport are considered to have been submitted within the deadline only if the bank accepted them and issued the transaction passport by this deadline - signed the form you filled out, assigned the number and put down the date of registration clause 6.7 of Instructions No. 138-I.
Contact the bank for the registration of the transaction passport in advance. Ideally, immediately after the conclusion of the contract.
“Currency control” communication with the bank is not limited to registration of a transaction passport. For further operations under the contract, you will have to report to the bank.
Reporting on foreign currency transactions for a bank
It is necessary to report to the bank not only for operations related to settlements under a contract with a non-resident. The need to submit documents to the bank may arise, say, when importing / exporting goods, when rendering (performing work). For your convenience, we have given all the information about in what cases, what documents and in what time frame should be submitted to the bank.
| Operation | In which case you need to report to the bank | Documents submitted to the bank | Deadline for submission of documents |
| Contract cash transactions | |||
| Receipt of foreign currency to a transit account clause 2.1 of Instructions No. 138-I | Is always. clause 2.4 of Instructions No. 138-I |
appendix 1 to Instruction No. 138-I. 2. Documents related to the foreign exchange transaction, for example, an agreement, invoices, acts h. 4 tbsp. 23 of the Law No. 173-FZ. In the certificate of foreign exchange transactions that you submit in connection with the receipt of foreign currency, you can also indicate information on writing off received money from a transit currency account clause 2.1 of Instructions No. 138-I |
Not later than 15 working days from the day the currency is received in the transit account clause 2.3 of Instructions No. 138-I. The bank must notify you of receipt of currency in the account no later than the next business day clause 3.1 of the Central Bank Instructions dated March 30, 2004 No. 111-I |
| Write-off of foreign currency from account a clause 2.1 of Instructions No. 138-I | Is always. With a few exceptions, for example:
|
|
|
| Receipt to the account of rubles from a non-resident clause 3.6 of Instructions No. 138-I | clause 3.6 of Instructions No. 138-I. Exception - in the agreement with the bank it is indicated that the bank can fill out a certificate of currency transactions independently on clause 3.9 of Instruction No. 138-I |
Not later than 15 working days from the date of receipt of rubles to the account clause 3.8 of Instructions No. 138-I | |
| Write-off of rubles in favor of a non-resident clause 3.6 of Instructions No. 138-I |
|
||
| Settlements with a foreign counterparty through accounts with a non-resident bank p. 11.5, 11.10 Instructions No. 138-I | If the contract contains a transaction passport and clause 2.6 of Instructions No. 138-I | 1. Currency transaction statement x p. 11.5, 11.10 Instructions No. 138-I. 2. Copies of bank statements - only if payments under the contract only partially pass through accounts with a non-resident bank p. 11.2, 11.10 Instructions No. 138-I |
No later than 30 working days after a month of debiting money from an account with a non-resident bank (crediting money to an account) p. 11.5, 11.10 Instructions No. 138-I |
| Operations for the export of goods from Russia | |||
| Export of goods from Russia with the filing of a customs declaration and clause 9.8 of Instructions No. 138-I | If a:
|
clause 9.8 of Instructions No. 138-I | clause 9.8 of Instructions No. 138-I |
| Export from Russia of goods declared with documents other than the customs declaration and clause 9.1.1 of Instructions No. 138-I | p. 9.1, 9.2 Instructions No. 138-I. clause 9.1.1 of Instructions No. 138-I; Section 4, Art. 180 TC TC |
clause 9.2.1 of Instructions No. 138-I | |
| Export of goods from Russia to the EAEU countries clause 9.1.2 of Instructions No. 138-I | If the contract contains a transaction passport | 1. Certificate of supporting document x p. 9.1, 9.2 Instructions No. 138-I. |
clause 9.2.2 of Instructions No. 138-I. question 6 of the Information letter of the Central Bank of January 21, 2014 No. 43 |
| Operations for the import of goods into Russia | |||
| Import of goods to Russia with the filing of a customs declaration and clause 9.8 of Instructions No. 138-I | If a:
|
Certificate of supporting document x clause 9.8 of Instructions No. 138-I | Not later than 15 working days after a month of declaring the goods in clause 9.8 of Instructions No. 138-I |
| Import into Russia of goods declared with documents other than the customs declaration and clause 9.1.1 of Instructions No. 138-I | If the contract contains a transaction passport | 1. Certificate of supporting document x p. 9.1, 9.2 Instructions No. 138-I. 2. Documents used as a declaration, such as transport documents clause 9.1.1 of Instructions No. 138-I; Section 4, Art. 180 TC TC |
Not later than 15 working days after a month of putting down on the documents used as a declaration, a note on the date of issue (conditional release). If there are several such release marks, the period shall be considered from the latest date clause 9.2.1 of Instructions No. 138-I |
| Import of goods to Russia from the EAEU countries clause 9.1.2 of Instructions No. 138-I | If the contract contains a transaction passport | 1. Certificate of supporting document x p. 9.1, 9.2 Instructions No. 138-I. 2. Transport (transportation), commercial documents. 3. The statistical form of accounting for the movement of goods in appendix No. 1 to the Rules, approved. Government Decision of January 29, 2011 No. 40. Information about it does not need to be indicated in the certificate of supporting document x question 6 of the Information letter of the Central Bank of January 21, 2014 No. 43 |
Not later than 15 working days after a month of processing confirming (shipping and commercial) documents in clause 9.2.2 of Instructions No. 138-I. An exception is the statistical form of accounting for the movement of goods. The deadline for its submission is not set. You will need to take the statistical form to the bank after you complete it and submit it to the customs question 6 of the Information letter of the Central Bank of January 21, 2014 No. 43. Do this before closing the transaction passport |
| Other operations | |||
| Performance of work, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them clause 9.1.3 of Instructions No. 138-I | If the contract contains a transaction passport. Exception - lease, leasing, communication services or insurance contracts regarding periodic fixed payments clause 9.5 of Instruction No. 138-I | 1. Certificate of supporting document x p. 9.1, 9.2 Instructions No. 138-I. 2. Supporting documents, such as acceptance certificates, invoices, license agreements clause 9.1.3 of Instruction No. 138-I; List approved. MVES of Russia 01.07.97 No. 10-83 / 2508, State Customs Committee of Russia 09.07.97 No. 01-23 / 13044, EEC of Russia 03.07.97 No. 07-26 / 3628 |
Not later than 15 working days after a month of processing supporting documents in clause 9.2.2 of Instructions No. 138-I |
| Other fulfillment of contractual obligations (for example, return of previously exported (imported) goods c) No. 138-I | Not later than 15 working days after a month of processing supporting documents in p. 9.2.2, 11.5, 11.10 Instructions No. 138-I | ||
In cases when a third party - a resident - participates in settlements under a contract with a non-resident (or if the third party fulfills obligations of the contract in a different way), it is necessary to report on currency transactions in a special order ch. 12 Instructions No. 138-I.
Having received a certificate of foreign exchange transactions (certificate of supporting documents), the bank will check whether it is correctly drawn up and whether the information specified in it (including the type of currency transaction type and type of supporting document) corresponds to the data of the attached documents and the information transmitted to the customs bank clause 18.1 of Instructions No. 138-I. The bank must check the certificate of foreign exchange transactions clause 18.2 of Instructions No. 138-I:
- when debiting money from the current account - no later than the business day after the submission of the certificate;
- when crediting money - no later than 3 business days from the date of submission of the certificate.
And to verify the certificate of supporting documents, the bank has the following deadlines and clause 18.2 of Instructions No. 138-I:
- if the certificate is issued in respect of the declared imported goods, paid in advance, or exported goods for which a deferred payment is granted, - no later than 10 working days from the date of the certificate;
- in other cases - no later than 3 business days from the date of submission of the certificate.
The bank will not accept the certificate if it finds any errors and inconsistencies. You will receive a wrong certificate back indicating the date and reason for return p. 18.5, 18.6 Instructions No. 138-I.
By the deadline set by the bank, you will have to submit a new certificate of currency transactions (confirming documents), removing all comments clause 18.7 of Instructions No. 138-I.
References on foreign exchange transactions and supporting documents are considered filed on time if a clause 18.9 of Instructions No. 138-I:
- you sent them to the bank in a timely manner;
- the bank checked them and accepted.
Therefore, the sooner you submit “currency” certificates to the bank, the better.
There are explanations from the Federal Service for Financial Supervision of the Federal Service for Supervision of Financial Markets and Supervisions where it is indicated: when certificates on foreign exchange transactions, certificates of confirming documents and the supporting documents themselves are submitted to the bank, “the term of their verification by the resident is not included in the period of verification by the authorized bank” Letter of the Federal Service for Financial Supervision of Rosfinnadzor dated 05.10.2012 No. 43-01-06-25 / 4133.
But court practice shows that you can still face a fine if a new, correct certificate of currency transactions (confirming documents) is replaced in a timely manner, but erroneous, you will file with the bank after the deadline for submitting certificates and.
By returning a certificate to you, the bank sets a deadline for correcting deficiencies and submitting a new certificate. But, according to some courts, the bank’s instructions do not affect the deadline set for the submission of a reference to AAS Resolution 1 of March 30, 2015 No. A43-21628 / 2014.
In relation to the submitted certificates of foreign exchange transactions, confirming documents, one cannot be guided by the principle of "filed - and forgot".
After all, if the information given in these certificates changes (with the exception of changing the data on the resident or authorized bank), you will need to submit a corrective certificate. This must be done no later than 15 business days after the date of execution of the documents confirming the changes. These documents will need to be submitted to the bank along with a certificate. p. 2.9, 3.15, 9.7 Instructions No. 138-I.
You can agree with the bank that on the basis of the documents submitted by you, the bank itself will draw up p. 2.4, 3.9, 6.3, 9.4 Instructions No. 138-I:
- transaction passport;
- certificates of foreign exchange transactions;
- certificates of supporting documents.
These services, of course, are paid. Check rates at your bank. You might prefer to pay an amount within 5,000 rubles. for issuing a transaction passport (within 1,500 rubles - for issuing certificates) than to do it yourself.
But keep in mind that you still need to understand the rules for processing transaction passports and certificates. Indeed, the preparation of these documents by the bank does not relieve you of responsibility for their correct content and compliance with the deadlines!
If you do not submit the necessary documents to the bank on time, then the bank will not be able to timely issue a transaction passport or certificate.
After filling in the transaction passport (or certificate) by the bank, you will need to check this document. And if you find errors and inaccuracies, you must, within 15 working days after the date of receipt of the transaction passport (certificate), submit an application to the bank for its re-issuance (or corrective certificate) p. 2.10, 3.9, 6.11, 9.4 Instructions No. 138-I.
Chapter 9. The procedure for residents to submit to authorized banks confirming documents related to currency transactions under agreements (contracts) for which a requirement has been established to issue a transaction passport
9.1. When fulfilling (changing, terminating) obligations under the contract (loan agreement) under which the PS was drawn up, the resident submits to the PS bank simultaneously with one copy of a certificate of supporting documents filled out in accordance with Appendix 5 to this Instruction, the following documents confirming the execution ( termination) of obligations under the contract (loan agreement) in a manner different from the fulfillment of obligations under the contract (loan agreement) in the form of settlements (hereinafter referred to as the method other than settlements), or documents confirming the change in obligations under the agreement (loan agreement) (hereinafter - confirming documents):
(as amended by Bank of Russia Ordinance of June 14, 2013 N 3016-U)
9.1.1. in case of export (import) of goods from the territory (to the territory) of the Russian Federation, if there is a requirement established by regulatory legal acts in the field of customs for declaring goods to customs authorities and making them declared in a manner different from filing a declaration for goods to customs authorities, - documents used as a declaration for the goods stipulated by paragraph 4 of Article 180 of the Customs Code of the Customs Union (Collection of Legislation of the Russian Federation, 2010, N 50, Article 6615), an application for conditional release (application for release of a component of exported goods), provided for in Article 215 of the Federal Law of November 27, 2010 N 311-ФЗ "On Customs Regulation in the Russian Federation" (Collection of Legislation of the Russian Federation, 2010, N 48, Art. 6252; 2011, N 27, Art. 3873; N 29, Art. 4291; N 50, Art. 7351; 2012, N 53, Art. 7608; 2013, N 14, Art. 1656);
(subparagraph 9.1.1 as amended by the Bank of Russia Ordinance of June 14, 2013 N 3016-U)
(see text in previous edition)
9.1.2. in case of export (import) of goods from the territory (to the territory) of the Russian Federation in the absence of the requirement for the declaration of goods to the customs authorities as established by regulatory legal acts in the field of customs - transport (transportation, shipping), commercial documents.
(as amended by Bank of Russia Ordinance of 04.25.2017 N 4360-U)
(see text in previous edition)
In addition, a resident may submit to the PS bank and other documents containing information on the export of goods from the territory of the Russian Federation (shipment, transfer, delivery, transfer) or the import of goods into the Russian Federation (receipt, delivery, reception, transfer), drawn up under the contract and (or) in accordance with business practices, including documents used by a resident to record their business operations in accordance with accounting rules and business practices.
The paragraph has lost force. - Bank of Russia Ordinance of 04.25.2017 N 4360-U;
(see text in previous edition)
(Subclause 9.1.2 as amended by the Bank of Russia Ordinance of June 14, 2013 No. 3016-U)
(see text in previous edition)
9.1.3. in the case of work, the provision of services, the transfer of information and the results of intellectual activity, including exclusive rights to them, acceptance certificates, invoices, invoices and (or) other commercial documents drawn up under the contract and (or) in accordance with business practices, including documents used by a resident to record their business operations in accordance with accounting rules and business practices;
9.1.4. in case of other fulfillment (amendment, termination) of obligations under a contract (credit agreement) not specified in subparagraphs 9.1.1 - 9.1.3 of this paragraph, - other documents confirming the corresponding fulfillment (amendment, termination) of obligations under the contract (loan agreement) , including documents used by a resident to record their business operations in accordance with accounting rules and business customs.
Consultant Plus: note.
On actions with supporting documents containing information about the goods declaration and this goods declaration, drawn up with the previously valid requirements of this document and not submitted by the resident to the PS bank, for which they have not expired, see clause 5 of the Bank of Russia Ordinance dated June 14. 2013 N 3016-U.
(as amended by Instructions of the Bank of Russia dated 06.11.2014 N 3438-U, dated 25.04.2017 N 4360-U)
(see text in previous edition)
9.2.1. no later than 15 working days after the month in which the documents used as a declaration of goods, an application for conditional release (application for release of a component of exported goods), a customs official stamped the date of their release (conditional release). If there are several marks on the specified documents by the customs official on different dates of release (conditional release) of goods, the period specified in this subparagraph is calculated from the latest date of release (conditional release) of goods indicated on the document;
(subparagraph 9.2.1 as amended by the Bank of Russia Ordinance of June 14, 2013 N 3016-U)
(see text in previous edition)
9.2.2. no later than 15 business days after the end of the month in which the supporting documents specified in subparagraphs 9.1.2 - 9.1.4 of paragraph 9.1 of this Instruction were issued.
9.3. The date of execution of the supporting documents referred to in subparagraphs 9.1.2 - 9.1.4 of paragraph 9.1 and in paragraph 9.7 of this Instruction is the latest date for its signing or the date of its entry into force or in the absence of these dates - the date of its preparation or date , indicating the import into the territory of the Russian Federation (receipt, delivery, reception, movement) or the export of goods from the territory of the Russian Federation (shipping, transfer, movement) specified in the supporting document.
9.4. The agreement between the PS bank and the resident may stipulate that the resident grants the right to the PS bank based on the supporting documents submitted by the resident within the time period established by clause 9.2 of this Instruction, to fill out a certificate of supporting documents. In this case, a certificate of supporting documents shall be filled in by the PS bank independently in compliance with the deadlines established by clause 9.2 of this Instruction.
In case of disagreement of the resident with the information in the certificate of supporting documents filled out by the PS bank in accordance with the first paragraph of this clause, the resident shall submit to the PS bank a corrective statement of supporting documents containing corrected information no later than 15 working days after the date of its receipt. with the application of a free-form statement stating the reasons for the preparation of the corrective certificate of supporting documents, as well as additional documents (if any) related to the introduction of such changes, if they were not previously submitted to the PS bank.
(the paragraph was introduced by the Bank of Russia Ordinance of June 14, 2013 N 3016-U)
9.5. If the contract provides for the transfer of movable and (or) real estate under a lease, financial lease (leasing), the provision of communication services, insurance, payments are determined that will be made (will be made) with a frequency of time fixed in the terms of the contract (hereinafter - periodic fixed payments), the resident does not submit to the PS bank a certificate of supporting documents and supporting documents. In the case of making other payments other than periodic fixed payments, the resident submits to the PS bank a certificate of supporting documents and supporting documents in the manner established by this Instruction.
(as amended by Instructions of the Bank of Russia dated 06/14/2013 N 3016-U, dated 06.11.2014 N 3438-U)
(see text in previous edition)
9.6. If the PS bank has information about the deduction by the correspondent bank of the banking commission for the transfer of funds from the amount of funds due to the resident under the contract (loan agreement), or from the amounts of returned funds previously transferred to the non-resident under the contract (loan agreement), according to which A PS is drawn up when such a condition is stipulated by a contract (credit agreement), a PS bank, with the consent of a resident, is entitled, on the basis of the information available to it, to reflect information on deduction of a bank commission in section III of the bank control sheet in the manner established by Annexes 6 and to this Instruction, without Submission by a resident to the PS bank of a certificate of supporting documents and supporting documents.
(see text in previous edition)
If the PS bank does not have the information specified in the first paragraph of this clause, when the condition of deduction of the bank commission from the amount of funds due to the resident under the contract (loan agreement), or from the sums of returned money previously transferred to the non-resident under the contract (loan agreement), stipulated by the contract (credit agreement), the resident submits to the PS bank a certificate of supporting documents and documents confirming the deduction of the banking commission in the manner prescribed by this Instruction.
(as amended by the Bank of Russia Ordinance of November 6, 2014 No. 3438-U)
(see text in previous edition)
(Clause 9.6 as amended by the Order of the Bank of Russia dated 06.06.2013 N 3016-U)
(see text in previous edition)
9.7. When changing the information contained in the certificate of confirming documents accepted by PS bank (with the exception of information about PS bank or resident), the resident shall submit to the PS bank a new certificate of confirming documents no later than 15 business days after the date of processing documents confirming such changes containing the corrected information (hereinafter referred to as the corrective certificate of supporting documents), with the application of documents confirming such changes.
If the PS bank is granted the right, on the basis of documents submitted by the resident, confirming such changes, subject to the deadline established by this clause, to change the information contained in the certificate of confirming documents previously accepted by the PS bank, the PS bank independently fills in the corrective certificate of confirming documents.
(Clause 9.7 as amended by the Order of the Bank of Russia dated 06/14/2013 N 3016-U)
(see text in previous edition)
Consultant Plus: note.
For the application of clause 9.8 of this document, see clauses 4 and 5 of the Bank of Russia Ordinance dated 06/14/2013 N 3016-U.
9.8. In the case of export (import) of goods from the territory (to the territory) of the Russian Federation, if there is a requirement for the declaration of goods to the customs authorities and their declaration by filing a goods declaration established by regulatory legal acts in the field of customs, the resident submits to the PS bank no later than 15 working days after the month in which the declarations for goods are registered (hereinafter referred to as the reporting month), only a certificate of supporting documents filled out taking into account the specifics in accordance with Appendix 5 to this Instruction, without submitting a declaration for goods.
The certificate of supporting documents specified in the first paragraph of this clause includes information on declarations for goods (with the exception of information on a temporary declaration on goods, a transit declaration on goods, a final declaration on goods (in column 7 of which the letter code "ZPK" is indicated), which registered by customs authorities during the reporting month, only if the following conditions exist:
the export of goods from the territory of the Russian Federation in accordance with the contract is subject to the conditions of a resident providing a non-resident commercial loan in the form of a deferred payment;
the import of goods into the territory of the Russian Federation in accordance with the contract is carried out on the basis of a resident providing a non-resident with a commercial loan in the form of an advance payment (advance payment).
Information on declarations of goods registered by customs authorities is received by the PS Bank in accordance with the Regulation on the transfer by customs authorities of the Central Bank of the Russian Federation and authorized banks in electronic form information on customs declarations of goods registered by customs authorities, approved by Decree of the Government of the Russian Federation of December 28, 2012 N 1459 (Meeting of the legislation of the Russian Federation, 2013, N 1, Art. 55) (hereinafter - the Regulation on the transfer of information on declarations for goods), and is entered by the PS bank into the statement of bank control under the contract in an automated mode in accordance with Appendix 6 to this Instruction .
Under a contract providing for the provision of services, the performance of work, the transfer of information and the results of intellectual activity, according to which the substation is drawn up, in connection with the export (import) from the territory (territory) of the Russian Federation of goods declared to the customs authority by filing a goods declaration and which are products processing or repaired (modernized) equipment, the resident submits to the PS bank only the certificate specified in this clause on supporting documents without submitting a declaration of goods and supporting documents specified in chapter 9 of this Instruction, completed in the manner specified in Appendix 5 to this Instruction, in order to provide a resident with PS information about the expected maximum term for a non-resident to fulfill obligations under such a contract. In this case, a certificate of supporting documents containing information on the services provided and (or) work performed on the processing of goods, their repair (modernization), as well as documents confirming the fulfillment of these obligations, are not submitted to the PS bank by the resident. Subclause 9.1.3 Clause 9.1 Clause 9.1.3 Clause 9.1 of this Instruction.
Topical issues on the implementation of the requirements of the Bank of Russia Instruction No. 181-I of August 16, 2017, “On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Supporting Documents and Information when Performing Currency Transactions, on Unified Forms of Accounting and Reporting on Currency Transactions, Procedure and Terms for Their Submission” (hereinafter referred to as Instruction No. 181-I):
In accordance with the requirements of Instruction No. 181-I, upon completion of an operation (in the currency of the Russian Federation or in foreign currency) under a contract, the amount of which is equivalent to more than 200 thousand rubles, but less than the “threshold” amount for registering the contract, the resident must provide to the authorized bank documents related to the operation. At the same time, to make a payment in the currency of the Russian Federation, a settlement document for the operation is provided, completed in accordance with clause 2.13 of Instruction No. 181-I and containing information on the type of transaction code in accordance with Appendix 1 to the Instruction. To conduct operations in foreign currency, we also recommend that you additionally provide the completed form "Information about the foreign exchange transaction". This form is available on the Bank’s website and in remote service systems.
Residents are not required to act on contracts for which PSs were previously issued. All such contracts / loan agreements from 03/01/2018 are considered to be registered with an authorized bank. The PS number becomes a unique contract / loan agreement (UNK) number.
Instruction No. 181-I does not provide for residents to provide the Bank with documents on crediting the currency of the Russian Federation under contracts that do not require their registration. Exception: in case of disagreement of the resident with the code of the type of transaction specified in the settlement document, or in the absence of a code in the settlement document, the resident has the right to submit information to the Bank about the corresponding code of the type of transaction with the documents attached to justify it.
According to clause 2) of part 1.1 of Article 19 of Federal Law 173-ФЗ, when conducting foreign trade activities, residents are required to provide information to the authorized bank not only about the timing of the advance payment in accordance with the contract in case of failure to fulfill obligations, but also about the timing of the fulfillment of the main obligations of the non-resident under the contract against the previously paid advance payment. In clause 1.1. Annexes 3 to Instruction No. 181-I indicate the procedure for determining (calculating) each of these terms.
According to clause 8.7 of Instruction 181-I, when the information contained in the certificate of supporting documents (SPD) accepted by the bank of the Criminal Code is changed, incl. information on the expected date, the resident no later than 15 business days after the date of execution of the documents confirming such changes must submit to the Criminal Code Bank a new SPD containing the corrected information, with the application of documents confirming such changes.
To transfer to the Bank for servicing a contract (loan agreement) previously registered with another authorized bank, the resident must provide information on the unique number of the contract / loan agreement (EEC), as well as the contract (loan agreement) or an extract from such a contract (loan agreement), containing the information necessary to fill out Section I of the Gazette of banking control under the contract / loan agreement.
For a “new” bank to send a request to the Bank of Russia, it is necessary to have information on the date and reason for deregistration of the contract / loan agreement with the “former” bank.
In case of changes in information about the resident who has registered the contract (loan agreement), the resident must submit to the Bank an application for amending section I of the bank control sheet, drawn up in accordance with the requirements of clause 7.2 of Instruction No. 181-I, indicating those details that require a change in the statement of banking control.
The application form recommended by the Bank is available on the Bank's website and is implemented in remote service systems.
The application shall be submitted by the resident no later than thirty business days after the date of the relevant changes to the unified state register of legal entities, or to the unified state register of individual entrepreneurs, or to the register of notaries and persons who passed the qualification exam, or to the register of lawyers of a constituent entity of the Russian Federation.
The Bank has developed and proposes to use the following documents for currency control purposes, as part of the implementation of the requirements of Instruction No. 181-I: - Application for registering a contract; - Application for registering a loan agreement; - An application for amending section I of the Banking Statement; - Application for deregistration of a contract (loan agreement); - Information about the currency transaction. Forms of documents, as well as the procedure for filling them out are available on the website www .. In the sections “Small Business” and “Large Business” this information is also present.
For ex-VTB24 customers, visit www.vtb24.ru -\u003e Business -\u003e Settlement Services -\u003e Foreign Economic Activities and Currency Control -\u003e Currency Control.
A certificate of confirming documents (established by Appendix 6 to Instruction No. 181-I) and the procedure for filling it out are posted on the same resources.
Also, updated forms of documents for currency control purposes are implemented in remote service systems (they may differ from the forms posted on the site).
According to Chapter 4 of Instruction No. 181-I, a contract (loan agreement) concluded between a resident and a non-resident is registered in the following cases: An export (import) contract providing for the export (import) from the Russian Federation (to the Russian Federation) of goods, the fulfillment by the resident (non-resident) ) work, the provision by a resident (non-resident) of services, the transfer by a resident (non-resident) of information and results of intellectual activity, the provision by a resident (non-resident) of services related to the sale of fuel and lubricants and material and technical stocks for ensuring the operation of vehicles, the transfer by a resident (non-resident) of movable or real estate for rent, financial lease - if the amount of obligations is equal to or greater than the equivalent at the exchange rate of the Bank of Russia on the date of conclusion of the contract, or on the date of conclusion of the latest changes (additions) to change the amount of the contract, under the Export contract - 6 million Russian rubles or under the Import contract - 3 million Russian rubles.
Loan agreement (loan agreement) - if the amount of borrowed funds received (received) by a resident is equal to or exceeds the equivalent of 3 million Russian rubles at the rate of the Bank of Russia at the date of conclusion of the loan agreement, or at the date of conclusion of the latest changes (additions), providing for changes in the amount of the loan the contract.
A resident that is a party to a contract (loan agreement) must register it in the following terms (paragraph 5.7 of Instruction No. 181-I):
1) When writing off funds (hereinafter - DS) in favor of a non-resident - no later than the date of submission of the order to write off funds.
2) When crediting DS from a non-resident - no later than 15 business days after the date of crediting funds to the resident's account.
3) When making settlements with a non-resident through a resident's account opened with a non-resident bank - no later than 30 business days after the end of the month in which the transaction was performed.
4) When fulfilling obligations under a contract through the import into the Russian Federation (export from the Russian Federation) of goods and if there is a requirement for customs declaration of goods - no later than the date of submission of the DT, the document used as DT, an application for conditional release (application for release of the component of the exported goods )
5) When fulfilling obligations under a contract through the import into the Russian Federation (export from the Russian Federation) of goods and in the absence of a requirement for customs declaration, no later than 15 working days after the end of the month in which the supporting documents were issued (hereinafter - the PD).
6) When fulfilling obligations under the contract through the performance of work, the provision of services, the transfer of information and the results of intellectual activity, including exclusive rights to them, no later than 15 business days after the end of the month in which the PD was drawn up.
7) When fulfilling obligations under a contract (loan agreement) in a manner different from those specified in clauses 1-6, no later than 15 business days after the end of the month in which the PD was issued. 8) If the contract (loan agreement) does not determine the amount of obligations:
no later than the deadline for the resident to submit documents related to operations, no later than the date of filing the documents for customs clearance of goods or the deadline for submitting a statement of PD in case of other fulfillment of obligations under the contract (credit agreement) during that operation, customs clearance of that consignment , other fulfillment of obligations, as a result of which the amount of settlements under the contract (credit agreement), the value of the goods under the contract, the amount of obligations under the contract (credit agreement) will be equal to or exceed the threshold for registering the contract (loan agreement).
From 01.03.2018, the number of the transaction passport (PS) previously issued under the contract (loan agreement) becomes a unique number of the contract / loan agreement (EEC).
The certificate of supporting documents (hereinafter referred to as SPD) continues to be used under the terms of the Instruction No. 181-I and is a single form of accounting and reporting on foreign exchange transactions of residents (paragraph 1.3 of Chapter 1). Cases, procedures and deadlines for the provision of SPD are regulated by Ch. 8 Instructions No. 181-I. The form and procedure for filling SPD are established by Appendix 6 to Instruction No. 181-I.
Please note that Article 15.25 of the Code of Administrative Offenses establishes liability for violation of the deadlines for the provision of SAP.
Starting March 1, 2018, the requirement to provide residents with an authorized bank a certificate of foreign exchange transactions was canceled.
In accordance with the Instruction No. 181-I, the resident is obliged or entitled to provide documents related to the operation.
If there is a requirement to provide information about the transaction (EEC, transaction type code, expected term), this information can be provided either in an arbitrary format or in the form of "Information on a foreign exchange transaction" recommended by the Bank (for operational control on the side of the Bank).
No. 14 Is it enough to make a payment in foreign currency to send to the Bank only an application for transfer indicating the basis of payment and details of the contract with a non-resident, the amount of which is less than or equal to the equivalent of 200,000 rubles?No, such a translation request is not enough.
According to clause 2.7 of Instruction No. 181-I, when a foreign currency is debited from a current account in foreign currency, a resident in this situation must provide information to the authorized bank about the type of transaction corresponding to the name of the operation from Appendix 1 to Instruction No. 181-I.
A resident may use the “Currency Transaction Information” form to submit to VTB Bank (PJSC) or provide information in any form on paper or through the RB system. In any case, information about a currency transaction or another message from the client should contain an indication that the amount of the contract with a non-resident does not exceed the equivalent of 200,000 rubles, and therefore documents related to the operation are not provided.
No. 15 Can the existence of a validity term in a foreign trade agreement be sufficient to meet the requirements of Federal Law No. 173-FZ on the inclusion in the contract of information on the timing of fulfillment of obligations by the parties (come into force on 05/14/2018), or should the deadlines be established separately?In our opinion, the validity of the contract is not enough.
In accordance with part 1.1 of Article 19 of Federal Law No. 173-FZ, in order to fulfill the requirement for the repatriation of foreign currency and the currency of the Russian Federation, the agreements concluded between residents and non-residents for the purpose of carrying out foreign trade activities must indicate the dates for the parties to fulfill obligations under the agreements. The validity period of a contract may also include, for example, a guarantee period, a period for presenting possible claims after fulfillment of obligations, or other additional periods that are not related to monitoring the period of repatriation of funds under foreign trade contracts.
Dear Clients,
On the official website of the Central Bank of the Russian Federation on September 20, 2018, the Bank of Russia Ordinance No. 4855-U dated July 5, 2018 On Amending the Bank of Russia Instruction No. 181-I dated August 16, 2017 “On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Authorized Banks of Documents and Information was published in carrying out foreign exchange operations, on uniform forms of accounting and reporting on foreign exchange operations, the procedure and terms for their submission. ”
In accordance with clause 2 of the Instruction, it shall enter into force 60 days after the day of its official publication, that is, from 11/20/2018.
The full text of the Instruction can be found on the official website of the Bank of Russia on the Internet (www.cbr.ru) and in the Consultant information and legal system.
International trade deals involve a number of financial risks. To ensure consistency of transactions with the national interests of the country, the use of special protective instruments is foreseen, one of which is the implementation of currency control.
Concept and normative basis of the procedure
Currency control provides for the monitoring by state structures and their agents of compliance with the laws of the Russian Federation in transactions with monetary units of different countries.
The purpose of the performed procedures is to ensure the interests of the national economy on the international market, including not only support for enterprises with state participation, but also private business cooperating with representatives of various countries. It should be borne in mind that each state seeks to protect its own interests, and transactions concluded in different monetary units carry certain risks.
Many companies operating in several countries simultaneously offer business support services to organizations. For example, banks provide advice on foreign economic transactions, offer assistance in drafting documents, in acquiring the currency of a particular country.
The normative and legislative basis governing the execution of control functions are:
- Federal Law No. 173 (10.12.2003), which determines the conditions for the regulation and control of actions related to foreign exchange resources.
- Instruction of the Central Bank of the Russian Federation No. 117 (06/15/2004), defining the content and procedure for transmitting information on verified transactions to banks.
- Regulation of the Central Bank of the Russian Federation No. 258 (06/01/2004), concerning documents required for transfer on transactions with non-residents, as well as for conducting control by authorized banking institutions.
Organization of control of foreign exchange agreements
The main bodies in the Russian Federation responsible for enforcing legislation include the Government, the Central Bank, and federal authorities.
The structures involved in securities activities, registrars of registries, and authorized banks are assigned to control agents. In their activities, agents are accountable to the Central Bank and federal authorities.
The government ensures coordination of work and interaction of agents and control bodies during the exercise of powers, their accountability to the Central Bank of the Russian Federation.
Within the framework of the powers received, the controlling structures (agents, authorities) study agreements, the observance by companies and citizens of the legislatively determined procedure for moving currency through the customs borders of the country.
Important! Since 2017, the tax service and customs structure have been exempted from carrying out agent activities, since now by decision of the Government of the Russian Federation they are assigned to control bodies. The Central Bank extended its supervisory powers over operations with currency to non-credit organizations, including them in accountable structures and thereby expanding its sphere of influence.
Obligations and rights of participants during operations
Residents and non-residents working in the Russian Federation under currency agreements are required to transfer relevant transaction information to authorized entities.
The parties to the agreements must comply with the established rules for accounting and reporting on operations, as well as guarantee their preservation for a period of at least 36 months from the date of the transaction. If organizations and individuals reveal violations of the law, the latter are required to fully comply with the received order of the control authorities about the violation.
Persons performing operations with currency in the Russian Federation can receive acts based on the results of inspections (for review), as well as appeal decisions or actions of inspecting structures in the manner determined by the legislation of the Russian Federation.
Important! In the case of unlawful actions of representatives of regulatory bodies, the audited entities have the right under the Federal Law to apply for compensation for damage caused by these actions.
Documents for currency control
Banks are controlling agents, and therefore they carry out verification and monitoring of all currency agreements. These include non-trade transactions, foreign trade and credit agreements.
The client must transfer the documents prepared by him independently or with the help of bank employees:
- The transaction passport (PS), which contains information on contracts between non-residents and residents, necessary for reporting and accounting (Federal Law No. 173, Central Bank Instruction No. 138, 04/04/2012). Data is recorded according to the originals of the contracts held by the person involved in the transaction. Information should be transmitted to the bank no later than the fulfillment of contractual obligations or the first transaction (in currency).
- Help:
- on the arrival of the currency of the Russian Federation (SPV), which is formed during the transfer of Russian rubles under an agreement with a non-resident;
- on foreign exchange transactions (CBO), evidencing the movement of funds (foreign exchange) and transmitted to the bank along with confirmation (for the purchase, transfer or sale of foreign currency);
- confirming documents (SPD) together with confirmations of import / export of products from the Russian Federation, fulfillment of agreements under the contract.
When checking the procedures for opening or maintaining accounts, conducting other operations, agents are entitled to request documents:
- evidence of registration of the entrepreneur (individual);
- confirming tax registration, company status;
- confirming the right of ownership / possession / disposal of property (immovable);
- formed in the country of residence (registration) of the non-resident and certifying his authority to open accounts (if necessary), conduct transactions in foreign currency;
- serving as the basis for agreements or contracts;
- confirming the transfer of goods, information or work;
- drawn up by credit institutions in confirmation of the execution of foreign exchange transactions;
- customs documents regarding the import into the country of Russian rubles, foreign currencies and securities.
Important! All information directly related to the currency transaction in question must be unexpired at the time of transfer to the bank. Information is transmitted in originals or in the form of copies having notarization and translated into Russian (if necessary).
Terms for transferring documents to the bank
When opening a transaction passport in a bank, data is transmitted no later than the day of issuing the certificates or the date of the customs declaration.
To reissue the PS, 15 days are allocated from the date of drawing up the agreements, according to which the information in the PS is changed, or after the completion of the contract, the text of which contains a clause on its automatic extension. When replacing information about a resident or making adjustments to the Unified State Register of Legal Entities, the period for renewal is extended to 30 working days.
Upon receipt of the currency of another state or Russian rubles transferred by a non-resident, the CBO certificate should be submitted before the expiration of 15 days (workers) after the money has arrived in the current account (with the registration of the PS) or in the foreign currency account (transit).
Upon customs clearance, SPD is transferred to the bank no later than 15 days after the month when a customs mark was made confirming the release of the goods, or documents were prepared to fulfill the contractual requirements.
Adjustment of the CBO, SPD is made up to 15 days after the preparation of documents confirming the update.
Important! For control purposes, it is recommended to transfer documents to the bank with a margin of time (at least 3 days) in order to manage to eliminate comments and shortcomings if they are identified.
Responsibility for non-compliance with currency legislation
The responsibility of the administrative plan (Article 15 of the Administrative Code of the Russian Federation) is established if:
- agreements in monetary units of other states are executed without the involvement of authorized banks;
- the resident did not send or violate the time limit for sending data on opening a bank account in another state;
- the deadline for receiving money for goods sent to foreigners to a bank account has been violated;
- money sent for goods to non-residents who were not transferred to the territory of the Russian Federation was not returned to the Russian Federation;
- the reporting procedure for transactions was not followed.
For the listed violations, a fine is assigned in the amount depending on the type and severity of the misconduct. For example, incorrect preparation of documentation on foreign trade transactions entails penalties for the enterprise (40,000 rubles-50,000 rubles) and its manager (4,000 rubles-5,000 rubles) (Article 15 of the Administrative Code of the Russian Federation).
Some violations of the law provide for criminal liability under Art. 193 of the Criminal Code.
Non-crediting of currency to the bank and other violations in a large amount (from 9 million rubles) provides for liability in the form of:
- a fine;
- forced labor;
- imprisonment.
Important! According to the letter of the Ministry of Finance of the Russian Federation No. 15-05-29 / 455 (04/09/2004), an enterprise that committed several administrative offenses within one working day can be punished only once (for one offense). In practice, this provision can be used to reduce the amount of fines.