Most transactions in the territory of the Russian Federation are concluded using Russian rubles. However, there are situations when business entities have to use banknotes other countries. Such transactions are subject to currency control 2017 - a well-established system, the purpose of which is to ensure compliance with current legislation. Considerable fines are provided for violation of the provisions of the NLA, therefore, firms and individual entrepreneurs are interested in following the established “rules of the game”.

Currency control is an ordered set of measures, rules and regulations governing transactions in foreign currency. This is the processing of transactions of particular interest to the authorities of the country, in order to prevent violations and abuses.

The key document describing the directions of regulation and establishing the “rules of the game” is FZ-173, which has been in force since 2003. He proclaims such principles currency control:

• the priority of economic impact over the establishment of rigid directives;
• protecting the interests of all entities concluding transactions, regardless of country of origin;
• rejection of uncontrolled interference of state bodies in economic life;
• uniformity monetary policy implemented inside the country and outside.

In questions currency regulation the dominant position is occupied by international normative acts. If they disagree with domestic legislation, you need to focus on them. Any ambiguities and doubts not regulated by domestic and foreign law are interpreted in favor of the participants in transactions (Article 4 173-FZ).

Currency control system: meaning and purpose

The main purpose of the system is to prevent violations of the provisions of existing legal acts, deliberately illegal operations, abuse, withdrawal of capital from the country. The task of the authorities is to find a balance between these goals and the inadmissibility of intrusion into the normal functioning of Russian and foreign business entities.

The key tasks of currency control are:

• analysis of ongoing transactions for compliance with the provisions of existing legal acts, determination of the need for additional licenses;
• supervision over the fact that business entities comply with their obligations arising from the provisions of the NLA;
• preventing the withdrawal of capital abroad by checking the reality and validity of transactions for which currency is paid;
• control of accounting and reporting for completeness, adequacy and compliance real situation affairs.

To perform the above tasks, system participants have the right to apply various currency control measures: require the submission of documentation, check and analyze contracts, acts, reports, issue instructions on the need to eliminate identified violations, use punitive measures in relation to business entities that do not comply with the provisions of applicable legal acts, including monetary penalties.

Who performs the functions of controllers-regulators in the Russian Federation?

The legal foundations of currency control, described in 173-FZ, imply the presence of the following regulatory bodies:

• Cabinet of Ministers;
• Central Bank;
• other executive bodies appointed by the Cabinet of Ministers (for example, customs, etc.).

173-FZ (Article 22) divides responsibilities in this way:

• The Central Bank of the Russian Federation - controls transactions in which credit organizations and financial institutions take part;
• executive power - regulates the foreign exchange activities of business entities that do not belong to the previous two categories.

Within the framework of their competence, regulatory structures have the right to issue legal acts that do not contradict international law and federal law.

These bodies are global regulators that “from above” check the implementation of the “rules of the game”. The functions of currency control in the field are performed by a separate link in the system - agents. These are credit institutions operating under a license issued by the Central Bank of the Russian Federation and adhering to its instructions. The task of banks is to ensure the correctness of payments and to receive in a timely manner from individuals and legal entities served information that reveals the essence of foreign exchange activities.

The main directions of currency control

The concept of "currency transaction" has a broader and narrower interpretation. The first assumes that any operations performed by representatives of the country and foreigners, including the purchase of a pack of matches in a store, can be attributed to this category. Government agencies cannot be "scattered" to control everything that happens in the economy, so they single out transactions that cause them an increased interest.

FZ-173 specifies three types of transactions that are subject to currency control in the Russian Federation:

• Transactions concluded with non-residents (in banknotes of any country in the world). The globalization of the economy provides ample opportunities for near-legal schemes, money laundering. The task of controllers is to make illegal activities and the spread of the shadow economy impossible.
• Operations with securities of the Russian Federation and other countries of the world. Financial instruments denominated in foreign currency and issued by representatives of other countries are subject to mandatory control.
• Transactions made with foreign currency. This category includes the exchange of banknotes, settlements between residents and non-residents.

The purpose of currency control is to prevent abuse (including the export of gold and foreign exchange reserves from the country) and violations of the current legislation. In order to comply with the "rules of the game", an economic entity must know their essence and be able to check the correctness of their own actions and the work of an agent - an authorized bank.

Types of currency control

A form of foreign exchange control is a specific mechanism, a set of actions by which the controller fulfills his legislative obligations. IN modern economy It is customary to divide supervision into three types depending on the time interval when it is carried out.

The following forms of control are distinguished:

1.Preliminary

These are supervisory measures carried out prior to the actual execution of transactions. For example, before opening a transaction passport, bank representatives ask the company for a set of documents, read them, pay attention to inaccuracies and inconsistencies. If the payment is made without a PS, they check the correctness of the application for transfer.

As part of the preliminary control, non-resident and resident banks ask the client for documents, questionnaires with information about the company before opening an account.

Forms and methods of preliminary currency control are aimed at curbing, preventing violations later, strengthening financial discipline. Two verification results are possible: positive (the bank makes a payment, opens an account for the client) or negative (indicates inconsistencies in the documents).

2. Current

This is supervision "in the moment", occurring simultaneously with the implementation of operations. For example, at the airport, customs officers require passengers passing through the "red corridor" to fill out a declaration, a bank employee servicing the client's settlements in foreign currency examines whether the CBO, SPD (if there is post-payment) and the application for transfer are correctly drawn up.

It follows from the concept and essence of current currency control that it is carried out at the time of business transactions. When making decisions, agents and authorities are guided by the information provided to them, primary documents, accounting data. Their goal is to prevent violations of the current legislation.

3. Post control

This is a system of events held after the transactions are completed. Authorized structures re-examine their meaning and content, read the documentation received from commercial structures, analyze whether the events are fully reflected in the reporting.

Subsequent exchange control in Russian Federation carried out commercial banks, TSB RF. His peculiarity is that he is not able to turn back time and stop the violation. The authorized structure only states the fact and makes a decision based on it: sends a request to eliminate shortcomings, issues a fine to the company for violation, refuses to open an account, etc.

The nuance of post-control is the lack of haste, the ability to deeply delve into the essence of the operations taking place, to find “punctures” that are immediately invisible. This is a “litmus test” demonstrating the effectiveness of preliminary and ongoing measures.

Currency control mechanism and methods used

Under the methods of currency control understand the totality of techniques, methods, means that make it possible to exercise control functions.

The correct definition of methods is an important task of organs and agents. Effectively chosen means help to prevent violations of the current legislation in a timely manner, strengthen financial discipline, without disrupting the normal functioning of business structures.

The legal regulation of currency control gives controllers a limited set of methods. They have two main ways of working:

1. Examination

This is the study of the details of transactions and ongoing operations in order to identify violations of currency legislation. Task authorized body– compare available data (obtained from transfer applications, SVO, SPD, etc.) with information gleaned from source documents.

1. Request

This is a requirement for clients to submit papers explaining the essence of the transaction being made, confirming the correctness of the payment amount, and revealing the areas of work of the business entity. Agents apply for the necessary information to business entities, control authorities - to agents.

Important! According to the provisions of 173-FZ, agents, when requesting documents from business entities, are not entitled to set a deadline for their submission of less than 7 days.

For the implementation of currency control, it is impossible to require any papers that come to the mind of a bank employee. He has the right to request documents that are directly related to the content of the payment. The prepared documentation is submitted to the agent on purpose (originals or stitched, numbered copies signed by the company's management) or using the Client-Bank system.

If the company fails to provide the requested information, the credit institution has the right to refuse to make the payment.

Banks and other financial institutions collect information about transactions made by firms and individuals, enter them into their databases, and store them in the archive. Subsequently, the Central Bank of the Russian Federation has the right to request from them the reporting for verification and the information it needs.

Currency control in non-trade turnover

Today, non-trade turnover is understood as the movement of currency in the form of cash and traveler's checks across the Russian border. In order to prevent abuses and offenses, an exchange of information has been established between customs authorities and the Central Bank. According to the provisions of 173-FZ, the receipt of the necessary information by these structures is not considered a violation of banking or commercial secrets.

Currency control documents, including 173-FZ, limit the maximum number cash currency, which can be imported and exported from the territory of the Russian Federation. Since 2012, the following limits have been in effect:

• up to 10 thousand dollars inclusive - exported without restrictions;
• more than 10 thousand dollars - a customs declaration is required.

If foreign currency is declared by a non-resident, customs officers check that the exported amount is no more than previously imported into the Russian Federation.

These restrictions do not apply to owners plastic cards. Limits are set per person.

Currency control in non-trade turnover is the task of the customs authorities. For a long time this was their main function, but today there is a tendency to expand their scope, in particular, to increase their participation in trade operations.

How do banks exercise control functions in practice?

If an enterprise conducts transactions with non-residents or purchases foreign currency, its actions become subject to currency control. If dollars have been credited to the company’s account, and no notifications have come from the bank, you should not rejoice: sooner or later you will have to submit supporting documents, but you will face penalties for delay.

Currency control of individual entrepreneurs and companies in domestic banks is a chain of successive events:

• A firm or entrepreneur collects a package of documents that mediate a specific transaction. What is included in this set depends on economic sense the operation being performed.
• If the amount of mutual settlements with a non-resident exceeds 50,000 in dollar terms, you need to open a transaction passport. This can be done remotely by filling out a special form in the Client-Bank and sending the agreement signed by both parties to the specialists of the credit institution.
• The Client submits an application for transfer and CBO in the Client-Bank system, if the settlements are carried out within the framework of the transaction passport. Practice demonstrates the need for currency control in an organization, when a company specialist monitors existing contracts, the timeliness of submitting SOPs, and organizes document flow.
• The Bank enters information about the operation in its own databases and registers.
• A reservation is made for the operation, the payment is made, after which the reserve is removed.
• The transaction is closed, after which the credit institution includes information about the operation in its reporting, compiled in accordance with the requirements of the Central Bank of the Russian Federation.

It follows from the above that the concept of currency control consists of a set of intermediate links and procedures added to a transaction if it becomes an object of public interest in terms of observing macroeconomic or currency security.

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1. Currency control in the Russian Federation is carried out by the Government of the Russian Federation, currency control bodies and agents in accordance with this federal law and other federal laws.

2. Currency control authorities in the Russian Federation are the Russian Federation, a federal body (federal bodies) authorized (authorized) by the Government of the Russian Federation.

3. Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, as well as professional participants in the securities market that are not authorized banks, including register holders (registrars) reporting to the federal executive body for the securities market, customs authorities and territorial bodies federal bodies executive power, which are bodies of currency control.

4. Follow-up currency transactions credit institutions, as well as currency exchanges, is carried out by the Central Bank of the Russian Federation.

5. Control over the implementation of currency transactions by residents and non-residents who are not credit institutions or currency exchanges is carried out within their competence by the federal executive bodies that are currency control bodies and currency control agents.

6. The Government of the Russian Federation ensures the coordination of activities in the field of currency control of the federal executive bodies that are currency control bodies, as well as their interaction with the Central Bank of the Russian Federation.

The Government of the Russian Federation ensures the interaction of professional participants in the securities market and customs authorities, who are not authorized banks, as currency control agents with the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation interacts with other currency control bodies and ensures interaction with them, as well as with the customs authorities of authorized banks as currency control agents in accordance with the legislation of the Russian Federation.

Authorized banks, as currency control agents, transfer information to the customs authorities in order to perform the functions of currency control agents in the amount and in the manner established by the Central Bank of the Russian Federation.

Rights and obligations of bodies and agents of currency control and their officials

1. Bodies and agents of currency control and their officials within their competence and in accordance with the legislation of the Russian Federation have the right:

• carry out inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
• to check the completeness and reliability of accounting and reporting on foreign exchange transactions of residents and non-residents;
• request and receive documents and information related to the conduct of foreign exchange transactions, the opening and maintenance of accounts. Mandatory term for the provision of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.

2. Bodies of currency control and their officials, within their competence, have the right:

• issue orders to eliminate revealed violations of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
• apply the measures of responsibility established by the legislation of the Russian Federation for violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies.
• 3. The procedure for the provision by residents and non-residents of supporting documents and information in the course of foreign exchange operations to foreign exchange control agents shall be established:
• for the provision of foreign exchange control to agents, with the exception of authorized banks, by the Government of the Russian Federation;
• for provision to authorized banks - by the Central Bank of the Russian Federation.

4. For the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to the performance of currency transactions, opening and maintenance of accounts:

• documents proving the identity of an individual;
• document on state registration natural person as individual entrepreneur;
• documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;
• certificate of registration with the tax authority;
• documents certifying the rights of persons to real estate;
• documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;
• notification of the tax authority at the place of registration of the resident about opening an account (deposit) in a bank outside the territory of the Russian Federation;
• registration documents in cases where preliminary registration is provided for in accordance with this federal law;
• documents (draft documents) that are the basis for conducting foreign exchange transactions, including agreements (agreements, contracts), powers of attorney, extracts from the minutes of the general meeting or other management body of the legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of work, provision of services), information and results of intellectual activity, including exclusive rights to them, acts of state bodies;
• documents drawn up and issued by credit institutions, including Bank statements; documents confirming the performance of foreign exchange transactions;
• customs declarations, documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and external, internal securities in documentary form;
• transaction passport.

5. Currency control agents have the right to require the provision of only those documents that are directly related to the ongoing currency transaction.

All documents must be valid on the day of submission to agents of currency control. At the request of a currency control agent, duly certified translations into Russian of documents executed in full or in any part in a foreign language are provided. Documents issued by state bodies of foreign states, confirming the status of legal entities - non-residents, must be legalized in the prescribed manner. Foreign official documents may be provided without their legalization in cases stipulated by an international treaty of the Russian Federation.

Documents are provided to currency control agents in the original or in the form of a duly certified copy. If only a part of the document is relevant to conducting a currency transaction or opening an account, a certified extract from it may be provided.

Authorized banks refuse to carry out a foreign exchange transaction, as well as to open an account if the person fails to provide documents. The original documents are accepted by currency control agents for familiarization and are returned to the persons who provided them. In this case, copies certified by the currency control agent are placed in the currency control materials.

6. Currency control bodies, tax authorities that carry out preliminary registration in accordance with this federal law, within their competence, are obliged to consider applications from residents for preliminary registration required in accordance with this federal law, and make a decision on preliminary registration or refusal to registration.

7. Currency control agents and their officials are obliged to:

• exercise control over the observance by residents and non-residents of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
• provide currency control authorities with information on currency transactions conducted with their participation in the manner prescribed by acts of the currency legislation of the Russian Federation and acts of currency regulation authorities.

8. Bodies and agents of currency control and their officials are obliged to keep, in accordance with the legislation of the Russian Federation, commercial, banking and official secrets that became known to them in the exercise of their powers.

9. Bodies and agents of currency control, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank outside the territory of the Russian Federation, sanctions against which are applied in accordance with legislation of the Russian Federation by another currency control body, transfer it to the currency control body that has the right to apply sanctions to this person, the following information:

• in relation to a legal entity: name, an identification number the taxpayer, the place of state registration, its legal and postal addresses, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or violation;
• in relation to an individual: last name, first name, patronymic, details of an identity document, address of residence, content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or the said violation.

10. Authorized banks transmit information in the manner prescribed by the Central Bank of the Russian Federation.

11. Currency control bodies and agents provide the currency control body authorized by the Government of the Russian Federation with the documents and information necessary for the performance of its functions in the amount and procedure established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

12. Bodies and agents of currency control and their officials shall bear responsibility, provided for by the legislation of the Russian Federation, for failure to perform the functions established by this federal law, as well as for violation by them of the rights of residents and non-residents.

Rights and obligations of residents and non-residents

1. Residents and non-residents carrying out currency transactions in the Russian Federation shall have the right to:

• get acquainted with the acts of inspections carried out by the bodies and agents of currency control;
• appeal against decisions and actions (inaction) of bodies and agents of currency control and their officials in the manner prescribed by the legislation of the Russian Federation;
• for compensation in accordance with the procedure established by the legislation of the Russian Federation for real damage caused by unlawful actions (inaction) of bodies and agents of currency control and their officials.

2. Residents and non-residents carrying out currency transactions in the Russian Federation are obliged to:

• provide the bodies and agents of currency control with documents and information that are provided for in Art. 23 of this federal law;
• keep records and draw up reports on their foreign exchange transactions in accordance with the established procedure, ensuring the safety of relevant documents and materials for at least 3 years from the date of the relevant foreign exchange transaction, but not earlier than the date of execution of the contract;
• comply with the instructions of the currency control authorities to eliminate the revealed violations of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation authorities.

1. Currency control: concept, bodies and agents of currency control.

2. Currency control over the operations of residents

2.1. Documentation of currency transactions

2.2. Identification of currency transactions

2.3. Certification of foreign exchange operations and foreign exchange control on foreign trade operations.

3. Responsibility for violation of currency legislation

1. Currency control: concept, bodies and agents of currency control.

Currency control in Russia is part of the system of currency regulation, ensuring the effectiveness of currency restrictions established by the state.

Under currency control is understood as a set of normatively fixed administrative and organizational measures carried out by specially authorized state bodies or other organizations (authorized banks as currency control agents) and aimed at implementing the procedure for performing foreign exchange operations and transactions in terms of foreign exchange restrictions, as well as measures to identify, prevent and suppress violations of this order.

Or in short -

Currency control in the Russian Federation- a set of requirements for individuals and legal entities, participants foreign exchange market, the purpose of which is to ensure compliance with foreign exchange legislation when conducting foreign exchange transactions.

The general conditions for the organization of currency control in the Russian Federation, the rights and obligations of bodies and agents of currency control are set out in the Law "On currency regulation and currency control" No. 173-FZ of December 10, 2003, the specific procedure for exercising currency control is enshrined in by-laws - instructions Bank of Russia (Instruction of the Bank of Russia dated June 4, 2012 N 138-I "On the procedure for residents and non-residents to submit to authorized banks documents and information related to the conduct of foreign exchange transactions, the procedure for issuing transaction passports, as well as the procedure for accounting by authorized banks of foreign exchange transactions and control for their implementation).

The main forms of currency control are:

Registration and statistical accounting of foreign exchange transactions;

Monitoring compliance with currency legislation when performing transactions with currency values;

Control over the fulfillment of foreign exchange obligations to the state;

Control over the objectivity and completeness of accounting and reporting on foreign exchange transactions;

Control over the validity of payments in foreign currency.

Currency control, depending on the time of the event, is divided into:

Preliminary;

• Subsequent.

Preliminary control by the authorized bank over foreign exchange transactions is carried out at the stage of drawing up and issuing a transaction passport on the basis of a foreign trade contract or loan agreement submitted to the bank.

Current control is carried out during the execution of the contract.

Subsequent control consists mainly in control over the provision of currency control documents, as well as over the correctness and objectivity of their completion. Currency control documents (passports of transactions, certificate of currency transactions) are kept in an authorized bank for at least 3 years.

Currency control in the Russian Federation is carried out by bodies and agents of currency control.

bodies currency control in the Russian Federation are the Central Bank of the Russian Federation and the Government of the Russian Federation (Ministry of Finance, namely the Federal Service for Financial and Budgetary Supervision).

Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, state corporation"Bank for Development and Foreign Economic Affairs (Vnesheconombank)", as well as professional participants in the securities market that are not authorized banks, including register holders (registrars) reporting to the federal executive body for the securities market, customs authorities and tax authorities.

The Central Bank of the Russian Federation exercises control over the implementation of foreign exchange operations by credit institutions.

Control over the implementation of currency transactions by residents and non-residents who are not credit institutions is exercised within their competence by federal executive bodies that are currency control bodies and currency control agents.

The Government of the Russian Federation ensures the coordination of activities in the field of currency control of federal executive bodies that are bodies and agents of currency control, as well as their interaction with the Central Bank.

The government ensures the interaction of professional participants in the securities market, customs and tax authorities, who are not authorized banks, as agents of currency control with the Central Bank.

The Central Bank interacts with other currency control bodies, and also coordinates the interaction of authorized banks as currency control agents with currency control bodies and other currency control agents when exchanging information in accordance with the legislation of the Russian Federation.

Authorized banks, as currency control agents, transfer information to the customs and tax authorities in order to perform the functions of currency control agents in the amount and in the manner established by the Central Bank.

For the convenience of studying the material, the article is divided into topics:

Currency control agents are organizations that, in accordance with the legislation of the Russian Federation, can perform the functions of currency control, and are also accountable to the relevant currency control bodies. Agents include: authorized banks, other non-banking organizations that have licenses to carry out foreign exchange transactions.

Currency control authorities

Currency control bodies - bodies exercising currency control on the territory of the Russian Federation. The currency control bodies are the Central Bank of the Russian Federation, as well as the Government of the Russian Federation in accordance with the laws of the Russian Federation (Article 11 of the Law of the Russian Federation No. 3615-1).

Currency control bodies within their competence:

Issue regulations that are binding on all residents and non-residents in the Russian Federation (clause 1, article 12 of the Law of the Russian Federation No. 3615-1):

Exercise control over foreign exchange transactions carried out in the Russian Federation by residents and non-residents, over the compliance of these operations with legislation, the terms of licenses and permits, as well as their compliance with acts of currency control bodies (clause 2 of article 12 of the Law of the Russian Federation No. 3615-1);

They carry out checks of currency transactions of residents and non-residents in the Russian Federation (clause 2, article 12 of the Law of the Russian Federation No. 3615-1).

Currency control authorities determine the procedure and forms of accounting, reporting and documentation for currency transactions of residents and non-residents (clause 3 of article 12 of the Law of the Russian Federation No. 3615-1).

Officials of currency control bodies within the competence of these bodies have the right (Article 15 of the Law of the Russian Federation No. 3615-1):

A. check all documents related to the exercise of their functions of currency control, receive the necessary explanations, certificates and information on issues arising during the checks, as well as seize documents indicating violations in the field of currency legislation;
b. suspend operations on accounts in authorized banks in case of failure to submit documents and information;
c. suspend or deprive residents, including authorized banks, as well as non-residents of licenses and permits for the right to carry out foreign exchange transactions;
d. other rights provided by law RF.

Currency control bodies and their officials are obliged to keep the commercial secret of residents and non-residents that became known to them in the course of performing the functions of currency control. Currency control bodies and their officials in the event of improper performance of their duties may be held liable in the manner prescribed by the legislation of the Russian Federation.

Currency Control Law

Law on currency regulation and currency control (Law of the Russian Federation No. 3615-1) - Law of the Russian Federation No. 3615-1 "On currency regulation and currency control".

Defines:

A) the principles of foreign exchange transactions in the Russian Federation;
b) the powers and functions of the bodies of currency regulation and currency control;
c) the rights and obligations of legal entities and individuals in relation to the possession, use and disposal of currency values;
d) liability for violation of currency legislation.

Currency control agents

Currency control agents are credit institutions reporting to the Central Bank of the Russian Federation, as well as organizations reporting to federal executive authorities that perform currency control functions (For example: Customs authorities, Tax authorities). Currency control agents, within the limits of their competence, exercise control over currency transactions carried out in the Russian Federation by residents and non-residents. According to Article 22 of the Federal Law of the Russian Federation "On Currency Regulation and Currency Control" No. 173-FZ, currency control agents are also the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", as well as professional participants in the securities market that are not authorized banks, including registrants (registrars).

Rights of currency control agents

Currency control agents and their officials, within their competence and in accordance with the legislation of the Russian Federation, have the right:

1) to conduct inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;
3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintenance of accounts. The obligatory period for submission of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.
4) for the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to the conduct of foreign exchange transactions, opening and maintaining accounts:

1) documents proving the identity of an individual;
2) a document on state registration of an individual as an individual;
3) documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;
4) certificate of registration with the tax authority;
5) documents certifying the rights of persons to real estate;
6) documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;
7) notification of the tax authority at the place of registration of the resident about opening an account (deposit) in a bank outside the territory of the Russian Federation;
8) documents (draft documents) that are the basis for conducting foreign exchange transactions, including contracts (agreements, contracts), powers of attorney, extracts from the minutes of the general meeting or other management body of the legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of work, provision of services), information and results of intellectual activity, including on them, acts of state bodies;
9) documents drawn up and issued by credit institutions, including bank statements; documents confirming the performance of foreign exchange transactions;
10) documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and external and internal securities in documentary form;
11) transaction passport;
12) documents confirming that individuals are spouses or close relatives, including documents issued by civil registry offices (marriage certificate, birth certificate), court decisions that have entered into force on establishing the fact of family or kinship relations, adoption (adoption), establishing paternity, as well as entries in passports about children, about a spouse and other documents provided for by the legislation of the Russian Federation.

Currency control agents have the right to require the submission of only those documents that are directly related to the ongoing currency transaction.

All documents must be valid on the day of submission to currency control agents. At the request of a currency control agent, duly certified translations into Russian of documents executed in full or in any part in a foreign language are submitted. Documents issued by state bodies of foreign states, confirming the status of legal entities - non-residents, must be legalized in the prescribed manner. Foreign official documents may be submitted without their legalization in cases stipulated by an international treaty of the Russian Federation.

Documents are submitted to currency control agents in the original or in the form of a duly certified copy. If only a part of the document is relevant to conducting a foreign exchange transaction or opening an account, a certified extract from it may be submitted.

Authorized banks refuse to carry out a foreign exchange transaction if a person fails to submit documents, or submits unreliable documents. The original documents are accepted by currency control agents for familiarization and are returned to the persons who submitted them. In this case, copies certified by the currency control agent are placed in the currency control materials.

Currency control agents and their officials are obliged:

1) exercise control over the observance by residents and non-residents of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
2) provide the currency control bodies with information on currency transactions conducted with their participation, in the manner prescribed by the acts of the currency legislation of the Russian Federation and acts of the currency regulation bodies.
3) keep, in accordance with the legislation of the Russian Federation, commercial, banking and official secrets that become known to them in the exercise of their powers.
4) currency control agents, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank outside the territory of the Russian Federation, they transfer it to the currency control body that has the right to apply sanctions to this person, the following information:

A) in relation to a legal entity - the name, place of state registration, its legal and postal addresses, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or violation;
b) in relation to an individual - last name, first name, patronymic, details of an identity document, address of residence, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or the specified violation.

Customs currency control

In connection with the presence of certain features in the execution of transactions between companies - residents of the Customs Union, the question often arises of how to properly execute currency control documents, and whether there are benefits or concessions in the currency legislation for such transactions. In accordance with the Customs Code of the Customs Union, the single customs territory of the Customs Union (hereinafter referred to as the customs territory of the Customs Union) consists of the territories of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.

Customs regulation in the Customs Union - legal regulation of relations related to the movement of goods across the customs border of the Customs Union, their transportation through the common customs territory of the Customs Union under customs control, temporary storage, customs declaration, release and use in accordance with customs procedures, customs control , payment of customs duties, as well as power relations between customs authorities and persons exercising the rights of possession, use and disposal of the said goods.

In accordance with Art. 6 of the Customs Code of the Customs Union, the main tasks of the customs authorities include the implementation of customs control. But the customs authorities, within their competence, exercise other types of control, including export, currency and radiation, in accordance with the legislation of the CU members.

As you know, the filing of a customs declaration must be accompanied by the submission to the customs authority of the documents on the basis of which it is completed. Subparagraph 13 of paragraph 1 of Art. 183 of the Customs Code establishes that the customs authority has the right to require a document confirming compliance with the requirements in the field of currency control, in accordance with the currency legislation of the member states of the Customs Union. And this means that when processing transactions between companies of the member states of the Customs Union, it is necessary to be guided by the provisions of the Federal Law "On Currency Regulation and Currency Control" (as amended by Federal Law No. 409-FZ, as amended by federal law N 327-FZ).

The primary document that must be issued for transactions between companies of the member states of the Customs Union is the transaction passport. A transaction passport is issued when carrying out currency transactions between residents and non-residents, namely, when making settlements and transfers through resident accounts opened with authorized banks, as well as through accounts with a non-resident bank, including for those exported from the customs territory of the Russian Federation or imported into the customs territory of the Russian Federation goods, work performed, services rendered, transferred information and results of intellectual activity (including exclusive rights to them), under a foreign trade agreement (contract) concluded between a resident (legal entity or individual entrepreneur) and a non-resident.

Failure to comply with the established rules for issuing a transaction passport or violation deadlines his presentation on the basis of h. 6 Article. 15.25 of the Administrative Code of the Russian Federation entail the imposition administrative fine for officials in the amount of 4,000 to 5,000 rubles; for legal entities - from 40 thousand to 50 thousand rubles.

Thus, it is necessary to submit documents for issuing a transaction passport no later than the first currency transaction under the contract or otherwise under the contract. To issue a transaction passport, it is necessary to submit to the bank two copies of the transaction passport filled in in accordance with Appendix 4 to Instruction N 117-I, and a contract (agreement), which is the basis for conducting foreign exchange transactions under the contract.

It is not necessary to issue a transaction passport if total amount of the contract does not exceed the equivalent of 50 thousand US dollars at the official exchange rate of foreign currencies against the ruble, established by the Bank of Russia on the date of conclusion of the contract. PS Bank on the day of signing (issuing or re-issuing) the transaction passport under the contract in the manner set forth in Appendix 3 to the Regulation on the procedure for residents to submit to authorized banks supporting documents and information related to foreign exchange transactions with non-residents under foreign trade transactions, and implementation by authorized banks control over the conduct of foreign exchange transactions, opens and conducts in electronic format statement based on the information contained in: transaction passport; certificates of identification by type of foreign exchange transactions of funds in foreign currency received on the account (debited from the account) of a resident when performing a foreign exchange transaction under a contract, submitted by a resident to the PS bank in the manner established by the Bank of Russia regulation regulating the procedure for accounting for foreign exchange transactions and issuing passports transactions; settlement documents drawn up and submitted by a resident to the PS bank when making settlements with non-residents in the currency of the Russian Federation under a contract in the manner established by the Bank of Russia regulation regulating the procedure for accounting for foreign exchange transactions and issuing transaction passports; certificate of supporting documents, certificate of settlements through accounts abroad, certificate of receipt of the currency of the Russian Federation.

Neither the Federal Law "On Currency Regulation and Currency Control" nor the Regulations on the procedure for residents to submit to authorized banks supporting documents and information related to the conduct of foreign exchange transactions with non-residents in foreign trade transactions, and the exercise by authorized banks of control over the conduct of foreign exchange transactions, provide for any indulgence in registration between companies of the states - members of the Customs Union.

Thus, the timely execution and submission of currency control documents will ensure the smooth passage of payments between the accounts of counterparties and the fulfillment of delivery obligations.

Currency control in the bank

Currency control is the exercise by the state of supervision over the conduct of legal entities, individual entrepreneurs and individual citizens of foreign exchange transactions, in order to control compliance with foreign exchange legislation.

The main statutory act that establishes legal framework and the principles of currency regulation and currency control in the Russian Federation is Federal Law No. 173-FZ "On Currency Regulation and Currency Control".

Currency transactions subject to currency control in the Russian Federation include:

Import into the Russian Federation and export from the Russian Federation of foreign currency and/or securities in foreign currency issued outside the territory of the Russian Federation (hereinafter - currency values), Russian rubles and securities in Russian rubles and issued in the Russian Federation;
transfer of foreign currency, Russian rubles, securities from an account opened outside the territory of the Russian Federation to an account of the same person opened in the territory of the Russian Federation, and from an account opened in the territory of the Russian Federation to an account of the same person opened outside the territory of the Russian Federation;
transfer by a non-resident of rubles of the Russian Federation, securities from an account opened in the territory of the Russian Federation to an account of the same person opened in the territory of the Russian Federation.

Transactions between residents legal acquisition by a resident from a resident and alienation by a resident in favor of a resident of currency values, as well as the use of currency values ​​as a means of payment;
Transactions between residents and non-residents: acquisition by a resident from a non-resident or by a non-resident from a resident and alienation by a resident in favor of a non-resident or by a non-resident in favor of a resident of currency values, Russian rubles, securities in Russian rubles and legally issued in the Russian Federation, as well as the use of currency values, rubles of the Russian Federation and designated securities as a means of payment;

Transactions between non-residents: acquisition by a non-resident from a non-resident and alienation by a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and securities in Russian rubles and legally issued in the Russian Federation, as well as the use of currency values, the currency of the Russian Federation and these securities as a means of payment;

For reference: RESIDENTS are:

Individuals:

1) citizens of the Russian Federation, with the exception of:

Citizens of the Russian Federation recognized as permanent residents of a foreign state for at least 1 year, including those with a residence permit issued by this state, citizens of the Russian Federation temporarily staying in a foreign state for at least 1 year on the basis of a work or study visa with a validity period of at least 1 year ,

2) Foreign citizens and stateless persons permanently residing in the Russian Federation on the basis of a residence permit,

Legal entities:

1) created in accordance with the legislation of the Russian Federation;
2) representative offices and other subdivisions of legal entities established in accordance with the legislation of the Russian Federation and located outside the territory of the Russian Federation;
3) diplomatic missions, consular offices of the Russian Federation and other official representations of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;
4) Russian Federation, subjects of the Russian Federation, municipalities.

NON-RESIDENTS are:

individuals:

1) foreign citizens and stateless persons, with the exception of those permanently residing in the Russian Federation on the basis of a residence permit;
2) citizens of the Russian Federation permanently residing in a foreign state for 1 year or more, including having a residence permit of a foreign state or temporarily residing in a foreign state for 1 year or more on the basis of a work or study visa valid for 1 year or more;

legal entities:

1) created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
2) organizations that are not legal entities, created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
3) branches located in the Russian Federation, permanent representative offices and other, separate or independent structural units non-residents listed above;
4) diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent missions of these states at interstate or intergovernmental organizations;
5) interstate and intergovernmental organizations, their branches and permanent representations in the Russian Federation;
6) other persons not specified in the above list of residents.

The State exercises the functions of currency control with the help of the Currency Control Bodies and Currency Control Agents.

Currency control bodies - the Central Bank of the Russian Federation, the authorized federal executive body (currently - Rosfinnadzor).

Russian credit institutions (banks) entitled, on the basis of licenses from the Bank of Russia, to carry out Bank operations with funds in foreign currency, as well as branches of foreign credit organizations, operating in the territory of the Russian Federation, having the right to carry out banking operations with funds in foreign currency (hereinafter - authorized banks) are agents of currency control.

Authorized banks, within the framework of performing the functions of currency control agents, HAVE the RIGHT:

1. Conduct inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies,
2. Check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents.
3. Request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintaining accounts.

What the bank has the right to demand in the framework of currency control?

The authorized bank has the right to require the submission of only those documents that are directly related to the ongoing currency transaction.

It can be:

Documents proving the identity of an individual;
a document on state registration of an individual as an individual entrepreneur;
documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;
certificate of registration with the tax authority;
documents certifying the rights of persons to real estate;
documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;
notification of the tax authority at the place of registration of the resident about opening an account (deposit) in a bank outside the territory of the Russian Federation;
registration documents in cases where preliminary registration is provided for in accordance with this Federal Law;
documents (draft documents) that are the basis for conducting foreign exchange transactions, including agreements (agreements, contracts) and additions and (or) amendments to them, powers of attorney, extracts from the minutes of the general meeting or other management body of the legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of work, provision of services), information and results of intellectual activity, including exclusive rights to them, acts of state bodies;
documents drawn up and issued by credit institutions, including bank control records, bank statements; documents confirming the performance of foreign exchange transactions;
customs declarations, documents confirming the import into the Russian Federation and export from the Russian Federation of goods, currency of the Russian Federation, foreign currency and external and internal securities in documentary form;
transaction passport;
documents confirming that individuals are spouses or close relatives, including documents issued by civil registry offices (marriage certificate, birth certificate), court decisions that have entered into force on establishing the fact of family or kinship relations, on adoption ( adoption), on the establishment of paternity, as well as entries in passports about children, about a spouse and other documents provided for by the legislation of the Russian Federation.

Residents and non-residents carrying out currency transactions in the Russian Federation are obliged to:

Submit the above documents and information to the bodies and agents of currency control;
keep records and draw up reports on their foreign exchange transactions in accordance with the established procedure, ensuring the safety of relevant documents and materials for at least three years from the date of the relevant foreign exchange transaction, but not earlier than the date of execution of the contract;
comply with the instructions of the currency control authorities to eliminate the revealed violations of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation authorities.

Responsibility for violation of currency legislation is provided for in Article 15.25 of the Code of the Russian Federation on administrative offenses.

Main regulations regulating the performance by authorized banks of the functions of currency control agents:

1. Bank of Russia Instruction No. 138-I "On the Procedure for Residents and Non-Residents to Submit Documents and Information to Authorized Banks When Carrying out Foreign Exchange Transactions, the Procedure for Authorized Banks to Account for Foreign Exchange Transactions and Execute Transaction Passports"
2. Regulation of the Bank of Russia No. 308-P "On the procedure for the transfer by authorized banks of information on violations by persons carrying out currency transactions of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies"
3. Bank of Russia Regulation No. 402-P "On the Procedure for Transferring Transaction Passports in Electronic Form to the Tax Authorities to Perform the Functions of Currency Control Agents"
4. Regulation of the Bank of Russia "On the Procedure for the Transfer by Authorized Banks and Territorial Banks of Russia to Customs Authorities to Perform the Functions of Currency Control Agents of Information on Transaction Passports under Foreign Trade Agreements (Contracts) in Electronic Form" No. 364-P
5. Ordinance of the Bank of Russia No. 1868-U "On the submission by resident individuals to authorized banks of documents related to certain foreign exchange transactions"
6. Instruction of the Bank of Russia No. 111-I "On the mandatory sale of a part of the foreign currency in the domestic foreign exchange market of the Russian Federation"
7. Ordinance of the Bank of Russia No. 1425-U "On the Procedure for Carrying out Foreign Exchange Transactions on Transactions between Authorized Banks"
8. Ordinance of the Bank of Russia No. 1412-U "On establishing the amount of transfer by an individual - a resident of the Russian Federation without opening bank accounts"
9. Decree of the Government of the Russian Federation No. 166 "On the procedure for the submission by bodies and agents of currency control to the currency control body authorized by the Government of the Russian Federation, documents and information necessary for the implementation of its functions"
10. Decree of the Government of the Russian Federation No. 819 "On approval of the rules for residents to submit to tax authorities reports on the movement of funds on accounts (deposits) in banks outside the territory of the Russian Federation"
11. Letter of the Federal Customs Service No. 01-11 / 217 "O guidelines on qualification of violations of currency legislation"

Currency financial control

Control, being one of the most important functions of the management process carried out at any level, is a system of observation and verification of the compliance of the process of functioning of the managed object with the accepted ones, as well as identifying the results of managerial actions on the managed object.

Control is carried out in various fields society's activities. In this regard, there are types of control: economic, statistical, financial, environmental, technical, administrative, etc.

As a form of realization of the control function of finance, financial control is necessary in any society based on commodity-money relations. In countries with market economy role financial control especially large, since the most important area of ​​activity of business entities with mandatory observance of the established norms of law is to increase its efficiency. financial control has essential for at any level, ensuring the reliable functioning of the whole, the implementation carried out by the state, contributes to ensuring financial security.

Legal and methodological support of financial control includes:

Financial and legal acts, which include: laws, subordinate regulatory legal acts of bodies of general and special competence, adopted in pursuance of laws;
standards, which are normative and technical documents approved by the competent authority, establishing a set of norms, rules in relation to the subject of standardization (for example, rules (standards) of auditing);
codes of professional ethics;
methodological documents that contain specific issues of organizing financial control, explain the methods and techniques for the practical implementation of certain control procedures (for example, instructions on the procedure for carrying out inspections or working with documents, etc.).

The implementation of financial control implies the existence of responsibility of business entities, state authorities and local governments, as well as bodies exercising financial control, and their officials. In case of violation of the established norms of law, the following types of liability arise: administrative, civil, criminal, disciplinary. In addition, officials of public authorities and local self-government bodies are liable under the legislation on state and municipal service.

Failure to perform or improper performance by participants in the control process of their rights and obligations entails the use of certain coercive measures, the main of which are: warning; fines, penalties; prohibition or restriction of activity; prohibition on the implementation of certain operations (for example, blocking of expenses, suspension of operations on accounts in credit institutions); seizure of material and (for example, budget funds); compensation; confiscation. The coercive measures applied, expressed in monetary terms, are called financial sanctions, which are financial measures by government and other authorities. The main purpose of applying financial sanctions is to reduce violations by subjects financial relations established rules of law and the prevention of such violations.

Coercive measures, or sanctions, are applied by state authorities and their officials in accordance with their powers, if there are certain grounds. The grounds for the application of coercive measures are: failure to comply with the law (decision) on the budget; misuse of budgetary funds, untimely and incomplete transfer of budgetary funds to their recipients; failure to provide accounting (financial), tax reporting; tax evasion, etc. These violations are reflected in the final document (for example, an audit or inspection act), on the basis of which coercive measures are applied.

Purposes of currency control

Currency regulation in a broad sense is the regulation by the state of the basic principles of organizing a national monetary system and mechanisms of its functioning. The essence of currency regulation is to create such a system of influence on the convertibility of the national currency, the exchange rate, the domestic foreign exchange market and that would meet the strategic development objectives and at the same time reflect the needs of the current moment.

It is essentially a set of processes such as:

The activities of state bodies to manage the circulation of currency;
state control over foreign exchange transactions;
impact on the exchange rate of the national currency;
restriction of use of foreign currency;
a set of legislative, administrative, economic and organizational measures that determine the procedure for conducting transactions with currency values.

The functions of the state in the field of currency regulation, as a rule, include:

Accumulation of statistical data on exports from the country and imports into the country;
- regulation of the export of strategic raw materials from the country;
- regulation of import or export of national currency from the country, purchase and sale of securities;
- purchase by residents and non-residents of real estate in the country or abroad;
- determination of the exchange rate of the given country in relation to other currencies;
- regulation of the procedure for conducting operations with currency by residents and non-residents (their making payments, investments);
- regulation of the procedure for repatriation of profits received from holding export operations.

Currency regulation is formed and is largely determined by the monetary policy pursued by the state. Monetary policy - a set of government measures in the field foreign economic relations aimed at achieving the strategic objectives and current goals of the country, maintaining internal and external balance. At the same time, monetary policy is always determined by the monetary and economic situation within the country and its place in the world economy.

Currency regulation in the narrow sense is an element of monetary policy, expressed in the introduction of various types of restrictions on the conduct of operations of residents and non-residents with foreign currency and other currency values ​​through licensing, differentiation and control.

Currency regulation can be:

Direct and indirect. Direct currency regulation - a set of legislative and administrative actions authorities that determine the procedure for conducting operations with currency values. Indirect currency regulation - a set of impact on participants in foreign economic relations by creating their economic interest in the implementation of certain currency transactions. The predominance of one or another method of currency regulation determines its nature;
liberal or restrictive. Liberal currency regulation is aimed at the current conjuncture of the foreign exchange market, it does not affect the structural foundations of the foreign exchange system and the exchange rate. Restrictive currency regulation purposefully influences the formation of the exchange rate and the balance of payments. Its final form is currency restrictions, i.e. legislative or administrative prohibition, limitation and regulation of operations of residents and non-residents with currency and other currency values.

The forms of currency restrictions are diverse: restriction or ban on the export of capital, blocking of accounts of non-residents, multiple exchange rates etc.

Currency regulation is carried out by the state through the use of certain tools, which are specific organizational and economic measures by which the state influences the ratio of supply and demand for foreign currency within the country and the state of its balance of payments. The content of the instruments and the mechanism for their use are formed under a certain influence of the real macroeconomic situation, the goals of microeconomic policy and the legislation in force in the country. Thus, the instruments of currency regulation include quotas applied by the government, limits set, penalties imposed, foreign exchange interventions etc.

Currency regulation is carried out through the mechanism of currency control. Currency control is a system of measures to ensure the implementation of laws, norms and rules for conducting foreign exchange transactions established by the state. In essence, currency control ensures the effectiveness of currency regulation and therefore is an integral part of it.

For the implementation of foreign exchange control of foreign economic activity, a special mechanism is created, which includes special tools for exercising control, forms, methods and tools for its implementation. Currency regulation exists in all countries.

In Russia, it is carried out in accordance with the Law of the Russian Federation No. 3615-1 "On currency regulation and currency control in the Russian Federation", which determines:

Principles of currency transactions in the Russian Federation;
powers and functions of bodies and agents of currency regulation and currency control;
the rights and obligations of legal entities and individuals in relation to the possession, use and disposal of currency values;
measure of responsibility for violation of currency legislation. The operation of the Law is the legal basis for the creation of the national currency system of the Russian Federation.

The main element of the national monetary system is the national currency. The law gives a clear definition of the very concept of "national Russian currency".

Thus, the "currency of the Russian Federation" includes:

In circulation, as well as withdrawn or withdrawn from circulation, but subject to exchange, rubles in the form of bank notes (banknotes) of the Central Bank of the Russian Federation and coins;
- funds in rubles on accounts in banks and other credit institutions in the Russian Federation;
- funds in rubles on accounts in banks and other credit institutions outside the Russian Federation (on the basis of intergovernmental agreements on the use of the currency of the Russian Federation on the territory of this state);
- payment documents (checks, etc.), stock values ​​(shares,), other debt obligations denominated in rubles.

Since foreign economic relations involve the exchange of national currency for a foreign one, the Law also defines foreign currency. “Foreign currency” means banknotes, treasury bills, coins that are in circulation and are legal tender in the relevant state, as well as banknotes withdrawn or withdrawn from circulation, but subject to exchange, as well as funds on accounts in monetary units foreign states.

"Currency transactions" are defined as transactions that are associated with the transfer of ownership and other rights to currency values, including the use of foreign currency securities as a means of payment; import and transfer to the Russian Federation and from the Russian Federation of currency valuables, international Money transfers, as well as transactions involving non-residents of the Russian Federation, i.e. opening and maintaining ruble accounts of non-residents of the Russian Federation in authorized banks.

Because in modern conditions international liquid assets are not limited to the accumulation of reserve currencies, but include: gold, silver and other valuables that are easily converted into reserve currencies, the Law introduces the concept of "currency values". These include: cash banknotes, treasury bills, change coins of foreign states, including those withdrawn from circulation, but subject to exchange; payment documents in foreign currency: checks, bills of exchange, letters of credit; stock securities in foreign currency and other debt obligations; precious metals(gold, silver, platinum bullion), precious stones, excluding jewelry and jewelry scrap.

All participants in foreign economic relations are divided by law into two categories: residents and non-residents of the Russian Federation. Depending on the status, they have certain rights and obligations.

The residents of the Russian Federation are:

Individuals who have a permanent place of residence in the Russian Federation, including those temporarily located outside the Russian Federation (It should be emphasized that the concept of “citizenship” has nothing to do with determining the status of an individual as a resident or non-resident.);
- legal entities established in accordance with the legislation of the Russian Federation, located in the Russian Federation;
- enterprises and organizations that are not legal entities, established in accordance with the legislation of the Russian Federation, located in the Russian Federation;
- diplomatic and other official representations of the Russian Federation located outside the Russian Federation;
- branches and representative offices of residents of the Russian Federation located outside the Russian Federation.

Non-residents of the Russian Federation include:

Individuals who have a permanent place of residence outside the Russian Federation, including those temporarily located in the Russian Federation;
- legal entities established in accordance with the legislation of foreign states, located outside the Russian Federation;
- enterprises and organizations that are not legal entities, established in accordance with the legislation of foreign states, located outside the Russian Federation;
- foreign diplomatic and other official representations located in the Russian Federation, as well as international organizations and their branches and representative offices;
- branches and representative offices of non-residents of the Russian Federation located in the Russian Federation.

The law defines the possibility and mode of convertibility of Russian rubles into foreign currency: the basis for the purchase and sale of currency on the market, i.e. its convertibility is property.

All foreign trade operations carried out in the Russian Federation are divided into current operations and operations related to the movement of capital.

Current operations include:

Transfers to the Russian Federation and from the Russian Federation as payment for goods, works, services without deferred payment and with a delay of up to 90 days;
- obtaining and issuing financial loans for up to 180 days; S transfers of interest, dividends and other income related to investments;
- transfers of a non-commercial nature (pensions, benefits, etc.).

Capital transactions include:

Direct investments (contributions to the authorized capital of enterprises and organizations); - portfolio investment;
- receipt and issuance of a deferred payment for export-import operations for a period of more than 90 days;
- obtaining and issuing financial loans for a period of more than 180 days;
- other operations that are not current.

Current foreign exchange transactions are carried out without restrictions; capital transactions require a license from the Central Bank of the Russian Federation.

The Law defines the institutional framework of the national currency system of Russia, as well as the currency regulation bodies and their powers. The direct execution of powers is entrusted to authorized banks, which, according to the Law, having received a license from the Central Bank of the Russian Federation to conduct foreign exchange transactions, are agents of foreign exchange control. Currency control agents exercise control over currency transactions carried out in the Russian Federation by residents and non-residents, the compliance of these transactions with currency legislation, the terms of licenses and permits received from the Central Bank, as well as compliance with acts of currency control bodies. Currency control agents also carry out checks of currency transactions of residents and non-residents in the Russian Federation.

Principles of currency control

The main principles are independence and objectivity, competence and transparency. The independence of control should be ensured by the financial independence of the control body, the longer powers of the heads of state control bodies compared to parliamentary terms, as well as their constitutional nature. Objectivity and competence imply strict observance by controllers of the current legislation, high professional level of controllers' work on the basis of strictly established standards for conducting audit work. Publicity provides for the constant communication of financial controllers with the public and funds mass media.

There are principles that are essential:

1. effectiveness of control;
2. clarity and consistency of requirements imposed by controllers;
3. incorruptibility of subjects of control;
4. the validity and evidence of the information given in the acts of inspections and audits;
5. prevention (prevention) of probable financial violations;
6. presumption of innocence (before trial) of persons suspected of financial crimes;
7. coordination of actions of various regulatory bodies, etc.

Each institution and type of control has its own regulations.

The generally accepted procedure for conducting a comprehensive audit of an economic entity includes the following step-by-step actions of control bodies:

1. an inventory of the availability and safety of inventory items, work in progress or construction, semi-finished products, office and other equipment, cash and settlements;
2. visual verification of the correctness of the execution of documents, the completeness and reliability of filling in the details, the compliance of the documents presented for verification with the approved standards, the identification of low-quality documents, the arithmetic calculation of the results, etc.;
3. verification of the completeness and correctness of the reflection in the documents of financial and economic transactions, and the reflection accounting records in accounting registers, development tables, order journals, in the general ledger, etc.;
4. verification of the correctness of the calculation of calculated indicators ( wages, taxes, depreciation amounts, reserves, interest on a loan, etc.);
5. verification of the correctness of reporting - accounting, financial, tax, statistical, insurance, credit and other, provided for by the current legislation of the country.

Other types of control (documentary, thematic) require appropriate regulations determined by control departments or company management (when conducting internal control).

Financial control is usually classified according to the following criteria:

1. implementation regulations - mandatory, proactive;
2. timing - preliminary, current (operational), subsequent;
3. subjects of control - presidential: legislative authorities and local self-government; executive bodies authorities; financial - credit authorities; intracompany; departmental; audit;
4. objects of control - budgetary, for, tax, currency, credit, insurance, investment, customs, for the money supply.

Mandatory control financial activities legal entities and individuals is carried out on the basis of the law. It refers to tax audits, control over intended use budgetary resources, mandatory audit confirmation of financial and accounting data of organizations, etc. Initiative control does not follow from financial legislation, but is an integral part of financial management to achieve tactical and.

Currency control of import transactions

Along with the "non-return" of foreign exchange earnings under export contracts, the outflow of foreign exchange resources often occurs in the form of advance payments for import contracts without the subsequent delivery of goods and services.

Some restraining effect is exerted by the introduced procedure, when the condition of payment in the implementation of international settlements under import contracts is the obligatory submission by Russian enterprises to an authorized bank of documents of title confirming the shipment of goods to Russia.

The mechanism of control over the validity of payments in foreign currency for imported goods, as well as foreign exchange control over the receipt of foreign exchange earnings from the export of goods, makes it an important link in foreign exchange control and strengthens the role of the Central Bank of the Russian Federation.

The currency control system for import transactions establishes control over the validity of payments in foreign currency for imported goods and is introduced in order to ensure that the amount of funds in foreign currency transferred as payment for imported goods corresponds to the cost of goods actually imported into the Russian Federation.

The currency control system applies to:

A) currency transactions in respect of goods imported into the Russian Federation in accordance with the customs regimes "release for free circulation" and "re-import";
b) transactions for which settlements are fully or partially provided for in foreign currency.

base document currency control is the import transaction passport (PSI), which is issued by the importer in the importer's bank and contains the main terms of the foreign trade contract.

With the provision of the PSI to the importer's bank, the importer assumes responsibility to the authorities and agents of currency control for the full compliance of the information given in the PSI with the terms of the contract, as well as for the receipt of goods in the Russian Federation in in full and within a period not exceeding 180 days between the day of payment and the date of customs clearance. If it is impossible to deliver goods, the importer is obliged to return, within the time limits established by the contract, to the current currency account of the importer specified in the Psi, the amount of the prepayment that was previously transferred to the foreign party. In case of non-fulfillment of the conditions for the supply of goods or non-return of the currency, they are liable in the form of a fine in the amount equivalent to the amount of foreign currency transferred as payment for the goods. However, no fine is imposed in cases where force majeure circumstances are documented.

The importer's bank, after verifying the compliance of the Psi data with the terms of the contract, signs copies of the Psi. The first copy is returned to the importer, the second one serves as the basis for the importer's bank to open a dossier in which it is placed for storage along with other documents.

Fundamentals of currency control

Currency control is one of the types of financial control, which is carried out in the course of foreign exchange transactions.

The main areas of currency control are:

Determining the compliance of ongoing operations current legislation and availability of necessary licenses and permits for them;
- verification of the fulfillment by residents of obligations in foreign currency to the state, as well as obligations to sell foreign currency in the domestic foreign exchange market of the Russian Federation;
- checking the validity of payments in foreign currency;
- verification of the completeness and objectivity of accounting and reporting on foreign exchange transactions, as well as on transactions of non-residents in the currency of the Russian Federation.

Currency control is carried out by currency control bodies and their agents. The Law of the Russian Federation “On Currency Regulation and Currency Control” includes the Central Bank of the Russian Federation, whose powers in this area were mentioned in the previous paragraph, as well as the Government of the Russian Federation represented by such bodies as the Ministry of Finance of the Russian Federation, the Federal Service Russia on currency and export control (EEC).

A special role in the implementation of currency control is played by the Federal Service of Russia for Currency and Export Control, which monitors compliance by residents and non-residents with Russian legislation and departmental regulations governing the implementation of foreign exchange transactions, and the fulfillment by residents of obligations to the state in foreign currency; exercises control over the completeness of receipt in accordance with the established procedure of funds in foreign currency for foreign economic operations; participates in monitoring compliance with the procedure for quoting and licensing the export of goods and services; controls the effectiveness of the use of loans in foreign currency provided to the Russian Federation on the basis of international treaties and agreements, performs other functions related to currency and export control.

The Customs Committee as a currency control body in accordance with Art. 198 and 199 of the Customs Code of the Russian Federation, and other lower customs authorities, as currency control agents, exercise currency control over the movement by persons across the customs border of the currency of the Russian Federation, securities in the currency of the Russian Federation, currency values, as well as over currency transactions related to the movement through the specified border of goods and Vehicle.

In addition to those named, currency control agents are organizations that, in accordance with the law, can carry out the functions of currency control, and are also accountable to the relevant currency control bodies. Currently, authorized banks and other non-bank credit organizations that have licenses to carry out foreign exchange transactions are classified as currency control agents.

Within their competence, foreign exchange control bodies and agents exercise control over foreign exchange operations carried out in the country, over the compliance of these operations with legislation, the conditions of licenses and permits, etc.

The entities carrying out foreign exchange transactions are obliged to submit to the bodies and agents of foreign exchange control all the requested documents and information on the carried out foreign exchange transactions, give appropriate explanations, and fulfill other obligations stipulated by law.

In case of violation by enterprises, banking and other financial institutions of the currency legislation and regulations of the Central Bank of the Russian Federation, residents, including authorized banks, as well as non-residents, are liable in the form of recovery to the state of everything received from invalid transactions or recovery to the state of income unreasonably acquired not through a transaction, but as a result of illegal actions.

For violation of the rules of accounting and reporting on foreign exchange transactions, non-submission of documents and information to the currency control authorities, residents and non-residents may be fined up to the amount that was not taken into account, was taken into account improperly, or for which documentation and information were not provided in the prescribed manner.

In case of repeated violation of these rules, as well as for non-fulfillment or improper fulfillment of the instructions of the currency control authorities from residents, including authorized banks, and from non-residents, the Central Bank of the Russian Federation recovers the amounts received from invalid transactions, as well as fines within five times the size of these amounts ; licenses of residents and non-residents are suspended or revoked.

The process of liberalization of the foreign economic activity of Russian enterprises, which began and developed under conditions of instability in the sphere of economics and politics, in combination with significant shortcomings in the regulatory framework, led to an intensive “flight” of capital from the country. Significant amounts, the exact amount of which is difficult to determine, ended up in accounts in foreign banks. Official sources call the amounts from 50 to 100 billion dollars. The origin of the main share of these funds is illegal, and the income itself is illegally appropriated from taxation and from mandatory sale on the domestic foreign exchange market.

The main reasons for Russian entrepreneurs and citizens hiding foreign currency abroad are as follows::

Instability of the general economic and political situation in the country, depreciation of the ruble, inflation, depreciation of reserves and;
- imperfection and instability of the Russian;
- shortcomings in the state and legal regulation foreign exchange transactions and foreign exchange control in the country.

Currently, capital flight takes quite sophisticated forms that are difficult to control.

The most common ways capital outflows from a country are as follows::

Transfer by foreign payers of foreign exchange earnings due to Russian enterprises and citizens to accounts in foreign banks(accounts of enterprises or citizens themselves, accounts of foreign individuals, accounts of foreign partner firms or specially created for this kind of purpose);
- import and export of goods (works, services) through foreign intermediary firms additionally introduced into the transaction (usually registered in countries with low taxation) with an artificial underestimation of the export price and an overestimation of the import price in order to form on the accounts of these firms free funds, not reflected in the accounting of the Russian enterprise (shares, bonds, etc.);
- payment by Russian enterprises and citizens of amounts in rubles in favor of foreign firms or citizens with the receipt of an equivalent in foreign currency abroad;
- transfer of advance payments to foreign banks with subsequent refusal to import goods;
- transfer by Russian enterprises and citizens of foreign currency abroad in payment for supposedly rendered intangible services;
- unlimited (transfer) by citizens of foreign currency, both in cash and in non-cash forms;
- concealment of income received from legal abroad in the absence of a system of control over profitability foreign investment and repatriation of income from them;
- refusal of Russian enterprises to receive export earnings with subsequent payment to foreign partners of import contracts of a Russian enterprise;
- non-equivalent exchange of goods in transactions declared as barter, with subsequent receipt of the difference in the cost of goods to an account abroad;
- Satisfaction by the Russian side of the fictitious claims of foreign firms and entrepreneurs with the payment abroad of fines, penalties, etc.;
- delivery by Russian enterprises of goods to the former republics of the USSR with payment in rubles or national currencies and subsequent re-export for freely convertible currency credited to accounts in foreign banks.

Another cause of serious violations is dollarization. Russian economy.

According to some information, there are two unregistered ones for one legal currency exchange office. To streamline work exchange offices developed new sample a single certificate on the purchase of currency and an export permit, a special cash register with non-erasable memory has been created, into which data on the number of banknotes, denomination, and the purchase and sale rate will be automatically entered.

Control over the receipt of export earnings of residents in the Russian Federation is mainly assigned to authorized Russian banks and is carried out in accordance with the Instruction of the Bank of Russia No. 19 "On the procedure for exercising currency control over the receipt of foreign currency earnings from export goods into the Russian Federation."

In accordance with the above instruction, the exporter submits the contract or its duly certified copy to the authorized bank, where his foreign currency account is located, to which the proceeds from the export of goods should be received. Together with the bank, the exporter draws up a transaction passport - a document containing in a standardized form information about a foreign economic transaction necessary for the implementation of currency control. The transaction passport is signed by the exporter and the bank, and presented to the customs authorities along with other documents for processing the export of goods. After signing the transaction passport, the bank assumes the functions of a currency control agent for the receipt of foreign exchange earnings from the export of goods under this contract.

In order to strengthen foreign exchange control over the receipt of foreign exchange earnings to the accounts of residents, the Decree of the President of the Russian Federation "On Priority Measures to Strengthen the System of Foreign Exchange Control in the Russian Federation" established a procedure in accordance with which settlements under foreign economic transactions of residents that provide for the importation of goods into the customs territory of the Russian Federation Federation or the export of goods from the named customs territory is carried out only through the accounts of residents who have concluded or on whose behalf transactions have been concluded with non-residents. At the same time, settlements on foreign economic transactions are carried out only through authorized banks. Resident importers who have entered into transactions for the transfer of foreign currency from Russia in order to purchase goods are required to import goods whose value is equivalent to the amount of money paid for them in foreign currency, or to ensure the return of these funds in the amount previously transferred within 180 calendar days from date of payment for goods. In case of non-fulfillment or improper fulfillment of these requirements, resident importers are liable in the form of a fine in the amount equivalent to the amount of foreign currency previously transferred to pay for goods.

The flight of capital from Russia entails negative economic and political consequences. The outflow of capital is one of the reasons for the failure foreign countries to provide external foreign currency loans to Russia, undermines the ability of the state to service more than $150 billion of external debt, and also does not allow financial system states to accumulate sufficient investment resources for the modernization of the economy as a whole. Therefore, the creation of an effective mechanism to control the repatriation of proceeds from the export of services is crucial. It should be aimed at making it economically more profitable to invest the hard currency earned in the development of the Russian economy. This task can be solved only through comprehensive measures of an economic and political nature, serious changes in legislation are necessary.

It seems that Russia's accession to the Strasbourg "Convention on money laundering, detection, seizure and confiscation of discovered funds obtained by criminal means" will qualitatively improve the system of operational detection of criminal capital moving from Russia abroad, which, in turn, will increase the effectiveness of the investigation criminal gangs on the territory of Russia itself. At the same time, it will be possible to conclude relevant agreements between the Bank of Russia and the relevant banks of European countries on the exchange necessary information related to the implementation of the provisions of the Strasbourg Convention, as well as the conclusion of similar agreements between the Ministry of Internal Affairs of Russia and the relevant law enforcement agencies of the countries concerned.
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After studying the chapter, the student must:

• 1. Know:
  • ? the concept of currency control, elements of the currency control mechanism;
  • ? forms, types and methods of currency control;
  • ? rights and obligations of residents during inspections by foreign exchange control bodies and agents;
  • ? fundamentals of internal control in authorized banks, aspects of the relationship between currency control and AML/CFT.
• 2. Be able to:
  • ? analyze the powers of bodies and agents of currency control;
  • ? to characterize the competence of bodies and agents of currency control;
  • ? work with documents and information used for currency control purposes.
• 3. Own:
  • ? conceptual apparatus in the field of currency control;
  • ? consulting skills on the implementation of currency control;
  • ? skills of filling in passports of transactions and accounting forms for foreign exchange transactions.

Currency control: concept and mechanism. Forms, types and methods of currency control

The purpose of currency control, its principles and main directions. The implementation of the state's monetary policy, currency regulation, and ensuring the regime established for conducting foreign exchange transactions are impossible without monitoring the application of foreign exchange legislation, the fulfillment by the subjects of foreign exchange legal relations of their duties. This type of control is called "currency control". Currency control - the activity of the state, aimed at obtaining information about the foreign exchange operations carried out in the country and the state of the foreign exchange market, as well as bringing the activities of participants in foreign exchange operations in line with established requirements.

Currency control allows you to organize the supervision of bodies and agents of any foreign trade operations, accumulate information on the movement of foreign exchange flows and, if necessary, adjust the state's monetary policy. With the help of currency control, the state receives the information necessary to introduce (adjust, cancel) regulatory measures and bring the activities of participants in foreign exchange transactions in line with established requirements, as well as to prepare the necessary statistics.

The system of currency regulation and currency control is influenced by international treaties in which Russia participates.

According to sect. 3 art. Article VI of the Agreement of the International Monetary Fund, Member States may apply the measures that are necessary to regulate the international movement of capital. However, no IMF country has the right to apply such measures in such a way as to limit the settlement of current foreign exchange transactions. In accordance with sect. 2 (b) art. VIII of Articles, the execution of foreign exchange contracts using the currency of any member state that is contrary to the rules for foreign exchange transactions of that member state, maintained or introduced in accordance with the Articles of Agreement of the IMF, cannot be ensured in the territory of any member state.

There are two areas in the legal support of the currency control system:

• 1) organizational support of currency control by creating appropriate organizational structures and empowering them with authority within the limits of the functions assigned to them in this area;
• 2) definition legal forms the relationship of participants in foreign exchange transactions among themselves and with the bodies (agents) of foreign exchange control, the use of which is necessary for the implementation of effective foreign exchange control.

Currency control can act in several forms:

• 1) as a mechanism for state control over compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;
• 2) as an administrative measure used by the state to protect financial independence, ensure the stability of the monetary system, strengthen the national currency and mobilize foreign exchange resources;
• 3) as a form of non-tariff regulation foreign trade, which can be analogous to export quotas.

Currency control can be considered in several aspects.

• 1. Currency control is one of the functions of state administration.
• 2. Currency control is a stage of specific management actions of the state.
• 3. Currency control is a form feedback in the regulatory system currency relations.
• 4. Currency control is aimed at ensuring compliance with established currency restrictions, which characterizes it as a means of maintaining law and order in the currency sphere.

Currency control is regulated by the norms of Law No. 173-FZ, as well as the norms of other regulatory legal acts. This Law clearly defines the system of subjects of currency control, their powers, rights and obligations, as well as the procedures for their implementation of this type of control.

aim currency control is to ensure that residents and non-residents comply with the laws of the state when carrying out transactions with currency values, as well as transactions with national currency, securities, payment documents ( financial instruments) and other debt obligations denominated in the national currency.

Article 3 of Law No. 173-FZ lists the following main principles currency regulation and currency control:

• 1) the priority of economic measures in the implementation of state policy in the field of currency regulation;
• 2) exclusion of unjustified interference by the state and its bodies in the currency transactions of residents and non-residents;
• 3) the unity of the foreign and domestic monetary policy of the Russian Federation;
• 4) the unity of the system of currency regulation and currency control;
• 5) ensuring by the state the protection of the rights and economic interests of residents and non-residents in the implementation of foreign exchange transactions.

As specific principles currency control can be identified as follows.

• 1. Principle legality. It consists in the requirement of strict observance of the norms of the currency legislation of the Russian Federation, acts of the currency regulation bodies and acts of the currency control bodies when carrying out control measures.
• 2. Principle obligation. It consists in the fact that the implementation of control measures is not a right, but an obligation of the currency control bodies and currency control agents (clause 1 of part 7 of article 23), while the responsibility for currency control bodies, currency control agents and their officials is not established only for violation of the rights of residents and non-residents, but also for failure to perform the functions established by the said Federal Law (Part 12, Article 23).
• 3. Principle ensuring commercial, banking and official secrets. Enshrined in Part 8 of Art. 23, according to which the bodies and agents of currency control and their officials are obliged to keep, in accordance with the legislation of the Russian Federation, commercial, banking and official secrets that became known to them in the exercise of their powers.
• 4. Principle institutionality. It consists in the fact that the bodies and agents of currency control, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank outside the territory of the Russian Federation, sanctions against which are applied by another body currency control, transfer to the currency control body, which has the right to apply sanctions to this person, the information specified in Part 9 of Art. 23.
• 5. Principle delineation of competence. It manifests itself in two aspects: a general delineation of competence between currency control bodies and currency control agents (parts 1 and 2 of article 23); delineation of competence between the Government of the Russian Federation (part 6 of article 22), the Bank of Russia (part 4 of article 22), the Federal Service for Financial and Budgetary Supervision and currency control agents (part 5 of article 22).

The main areas of currency control are:

• a) determination of the conformity of the currency transactions carried out with the current currency legislation and the availability of the necessary permits (licenses) for them;
• b) verification of the fulfillment of the obligations of residents to the state on their foreign exchange transactions;
• c) checking the completeness and reliability of accounting and reporting on foreign exchange transactions in accordance with the requirements of the law.

to the key legal requirements currency control include:

• 1) organizational support of currency control by creating appropriate organizational structures and empowering them with authority within the limits of the functions assigned to them in this area, establishing relationships between these structures;
• 2) determination of the legal forms of relations between the participants in foreign exchange transactions among themselves and with the subjects of foreign exchange control, the use of which will make it possible to carry out foreign exchange control most effectively;
• 3) establishment of measures of responsibility for violation of the norms of currency legislation.

Subject foreign exchange control are foreign exchange transactions. object currency control are residents and non-residents in the conduct of foreign exchange transactions.

Subjects currency control is government bodies, and in some cases non-governmental organizations and institutions that are empowered to conduct activities to verify compliance with foreign exchange laws.

Forms, methods and types of currency control. Types, forms and methods of currency control are constantly evolving in connection with the transformation of the currency control mechanism.

Form currency control - a specific way of interaction between the Government of the Russian Federation, bodies and agents of currency control in the process of implementing control measures in relation to residents and non-residents for their compliance with the currency legislation of the Russian Federation, as well as acts of currency regulation bodies and acts of currency control bodies when carrying out currency transactions.

Methods of currency control can be divided into basic, specialized and additional.

The main methods of currency control: observation (permanent familiarization with the activities of the controlled object without using complex methods for obtaining and evaluating information) and verification (in-depth study of the activities of the controlled object).

Specialized methods of currency control. Among them: inspection (concerns a specific issue and affects a wide range of controlled objects) and audit (comprehensive study of the financial and economic activities of a controlled object by comparing documentary and actual data).

Additional methods of currency control include: requesting information (obtaining information from a controlled object on a specific list of issues) and analysis (processing documentary information using special analytical techniques).

Using the listed criteria, subject to Art. 22 of Law No. 173-FZ, three main organizational and legal forms of currency control can be distinguished.

• 1. Government form of currency control- carried out by the Government of the Russian Federation in two directions:
• 1) coordination of activities in the field of currency control of federal executive bodies that are currency control bodies, as well as their interaction with the Bank of Russia;
• 2) ensuring the interaction of professional participants in the securities market, customs and tax authorities, who are not authorized banks, as agents of currency control with the Bank of Russia.

The main method of government currency control is observation, the result of which may be the issuance of a by-law regulatory legal act.

• 2. General form currency control- carried out by the federal executive body authorized by the Government of the Russian Federation - the Federal Service for Financial and Budgetary Supervision (Rosfinnadzor). The difference between general and special currency control is that it applies to all participants in currency relations and in this sense is of a general, universal nature; while for the specified Federal Service currency control is the main activity. As an organizational and legal form, general currency control is a way of interaction between federal executive bodies whose activities are aimed at exercising control over the legality of currency transactions of all types. The main method of general currency control is the conduct of checks.
• 3. Special form of currency control - carried out by bodies and agents of currency control, for which the relevant direction control activities is not basic. It is special because control is carried out in narrower, specialized areas of public relations (banking, customs, tax system, stocks and bods market). Accordingly, within the framework of this form, it is possible to distinguish:

bank currency control- carried out by the Bank of Russia and authorized banks. Peculiarity legal status authorized banks in these respects is that they have a dual legal status: at the same time they are both subjects and objects of currency control. The subject of currency control, i.e. the person carrying it out, the authorized bank acts on the foreign exchange transactions of its clients. For its own foreign exchange transactions, the authorized bank is subject to foreign exchange control by the Bank of Russia. In the latter case, the Bank of Russia checks the fulfillment by the authorized bank of:

• - requirements of the currency legislation of the Russian Federation, acts of currency regulation bodies and acts of the Bank of Russia as a currency control body;
• - duties of an authorized bank as a currency control agent;
• - requirements of the currency legislation of the Russian Federation, acts of the currency regulation bodies and acts of the currency control bodies by the clients of the authorized bank when carrying out currency transactions through this bank.

Thus, as an organizational and legal form of foreign exchange control, bank foreign exchange control mediates state control over the banking foreign exchange operations of residents and non-residents on the territory of the Russian Federation or operations of residents outside it using organizational structure banking system Russia.

The main method of currency control used by the Bank of Russia is the conduct of inspections, authorized banks - observation;

customs currency control - is carried out by the customs authorities following the procedure for conducting foreign exchange transactions that are associated with the movement of foreign exchange values, the currency of the Russian Federation and domestic securities across the customs border of the Russian Federation (import, export) and making cross-border payments. The main method of customs currency control is observation. Special forms of customs control are also used: verification of documents and information, customs inspection and search, personal search; others (Art. NO TC CU);

tax currency control - carried out by tax authorities within their competence (Articles 30-33 of the Tax Code of the Russian Federation, Law of the Russian Federation of March 21, 1991 No. 943-1 “On tax authorities Russian Federation"). The main method of tax currency control is to conduct inspections;

currency control in the cent market- carried out by non-authorized banks professional participants securities market, including register holders (registrars) accountable to the Bank of Russia. The subject of currency control in the securities market is compliance with the requirements of the currency legislation of the Russian Federation and acts of currency regulation authorities when residents make currency transactions with external securities and non-residents - currency transactions with internal and external securities. The main method of currency control in the securities market is observation.

Currency control is classified into types on the following grounds:

• 1. By the time of implementation of currency control can be subdivided:
  • a) for a preliminary one (carried out before a currency transaction is made, for example, during the preliminary registration of an account (deposit) opened with a bank outside the territory of the Russian Federation (Article 18 of Law No. 173-FZ);
  • b) current (carried out in the process of conducting a foreign exchange transaction, for example: by an authorized bank when making a payment in foreign currency; by customs authorities in the process of import (export) by residents (non-residents) through the customs border of the Customs Union of currency values, the currency of the Russian Federation and domestic securities);
  • c) subsequent (carried out after a currency transaction, for example, when supporting documents are submitted to an authorized bank and the transaction passport is closed).
• 2. Depending on the specifics of the competence of subjects of currency control:
  • a) direct (carried out by bodies and agents of currency control);
  • b) indirect (carried out by the Government of the Russian Federation).
• 3. Depending on the organizational and legal status of subjects of currency control:
  • a) control of currency control bodies;
  • b) control of currency control agents.
• 4. Depending on the object of currency control:
  • a) currency control over foreign trade operations;
  • b) currency control over non-trade transactions.
• 5. According to the method of organizing control measures:
  • a) remote (documentary) control;
  • b) inspection check.

Remote control is used in the daily activities of foreign exchange control bodies and agents to check periodic reports and documentation submitted by residents and non-residents on ongoing foreign exchange transactions.

The main way to control the work of authorized banks is on-site inspections, which are carried out by the territorial offices of the Bank of Russia in accordance with the inspection plan approved by the head of the territorial office of the Bank of Russia. Checks of compliance of authorized banks' transactions in foreign currency with foreign exchange legislation are carried out once every two years. The main by-law regulating relations between the inspection unit and credit institutions is Instruction of the Central Bank of the Russian Federation dated December 05, 2013 No. 147-I “On the procedure for conducting inspections of credit institutions (their branches) by authorized representatives of the Central Bank of the Russian Federation (Bank of Russia)”.

Based on the results of the check, an act of checking the currency operations of the authorized bank is drawn up. It should be noted that in the practice of writing an act, the main point is the reflection of violations and shortcomings in the observance of currency legislation by banks, which is justified in the conditions of strict currency control and instability in the foreign exchange market.