non-resident accounting audit export

The most important concepts of the system of currency regulation are the concepts of "resident" and "non-resident", representing the subjects of currency law, carrying out transactions with foreign and national currencies.

TO residents relate:

a. individuals who are citizens Russian Federation, with the exception of citizens of the Russian Federation who are recognized as permanent residents of a foreign state in accordance with the legislation of that state;

b. permanently residing in the Russian Federation on the basis of a residence permit, provided by law RF, Foreign citizens and stateless persons;

c. legal limes created in accordance with the legislation of the Russian Federation;

d. branches, representative offices and other subdivisions of residents located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation;

e. 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;

f. Russian Federation, its subjects, municipalities who act in relations regulated by currency legislation and other regulatory legal acts.

Non-residents- This:

a. individuals who are not citizens of the Russian Federation and have a permanent place of residence outside the territory of the Russian Federation;

b. legal entities established in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;

c. organizations that are not legal entities, created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;

d. diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent representations of these states at interstate or intergovernmental organizations;

e. interstate and intergovernmental organizations, their branches and permanent representations in the Russian Federation;

f. branches, permanent representative offices and other separate or independent structural units non-residents specified in subparagraphs "b" and "c".

Residents are entitled to have accounts in foreign currency both in the Russian Federation and abroad. In accordance with current law about banks and banking» the number of foreign currency accounts opened by residents in authorized banks is unlimited.

Since July 1, 2005, residents have been granted the right to open, without restrictions, accounts (deposits) in foreign currency and banks located on the territory of foreign states that are members of the Organization for Economic Cooperation and Development (OECD) or a development group financial measures money laundering (FATF). At the same time, residents are required to notify tax authorities at the place of its registration on opening (closing) such accounts (deposits) no later than one month from the date of conclusion (termination) of the agreement on opening an account (deposit) with a bank located outside the Russian Federation.

In turn, non-residents have the right to open bank accounts (deposits) in foreign currency on the territory of the Russian Federation and Russian rubles in authorized banks. The procedure for opening and maintaining bank accounts (deposits) of non-residents opened on the territory of the Russian Federation is established by the Central Bank of the Russian Federation.

But let's take a closer look at non-residents. are carried out without restrictions, with the exception of foreign exchange transactions, in respect of which restrictions are established in order to prevent a significant reduction in gold and foreign exchange reserves, sharp fluctuations exchange rate of the Russian Federation, as well as to maintain the stability of the balance of payments of the Russian Federation. These restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

Currency operations between non-residents, related to non-cash payments, are carried out using bank and special accounts. At the same time, currency transactions for which the Bank of Russia has established a requirement to use a special account are carried out only using a special account.

special account- a bank account in an authorized bank, Or special section depo account, or a special section of a personal account opened by registrars in the register of securities holders for recording rights to securities, used to carry out currency transactions on it in cases established in accordance with currency legislation.

Authorized banks open for non-residents (individuals and legal entities, including non-resident banks, as well as foreign diplomatic and other official representations, international organizations, their branches and representative offices located in the Russian Federation) the following types of special bank accounts in the currency of the Russian Federation:

Account "C" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of bonds issued on behalf of the Russian Federation, which are domestic securities, including settlements and transfers related to the transfer of these bonds;
Account "A" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of shares and investment shares shares investment funds, which are domestic securities, including settlements and transfers related to the transfer of these shares and investment units;
an “O” account is opened for a non-resident to purchase from a resident and alienate in favor of a resident bonds of residents and non-residents that are domestic securities (with the exception of bonds issued on behalf of the Russian Federation that are domestic securities), including settlements and transfers related to the transfer these bonds;
· “B1” account is opened for a non-resident for settlements and transfers when receiving a loan in the currency of the Russian Federation from a resident; to attract from a resident the currency of the Russian Federation, received from the initial placement (issue) of shares and bonds, which are domestic securities, the issuer of which is a non-resident - the owner of the account "B1", from the issuance by a non-resident - the owner of the account "B1", to the resident of promissory notes that are domestic securities papers;
· account "B2" is opened for non-residents for settlements and transfers when providing a resident with a loan and a loan in the currency of the Russian Federation; for the acquisition of domestic non-equity securities from a resident, including settlements and transfers related to the transfer of domestic non-equity securities; for the alienation in favor of a resident of domestic non-equity securities (with the exception of promissory notes that are domestic securities), including settlements and transfers related to the transfer of these domestic non-equity securities.

Non-residents open the specified special bank accounts in the currency of the Russian Federation in the authorized bank, provided that non-residents' bank accounts in the currency of the Russian Federation are opened or opened in this authorized bank.

All other currency transactions with residents are carried out by non-residents without the use of special accounts.

Settlements and transfers when non-residents provide loans and borrowings in the currency of the Russian Federation to residents for a period of more than three years, as well as settlements and transfers when residents issue bonds that are domestic securities, the redemption and payments for which are not expected in the first three years from the date of issue of these bonds are carried out by non-residents without the use of special accounts.

Non-residents make settlements cash currency Russian Federation using bank accounts in the currency of the Russian Federation opened with authorized banks.

When making settlements in cash in the currency of the Russian Federation, non-residents are required to comply with the procedure for cash settlements established for residents by the legislation of the Russian Federation, including size limit cash settlements between legal entities established by the Bank of Russia.

Currency transactions between non-residents. Non-residents have the right, without restrictions, to transfer foreign currency among themselves from accounts (from deposits) in banks outside the territory of the Russian Federation to bank accounts (in bank deposits) in authorized banks or bank accounts (bank deposits) in authorized banks to accounts (in deposits) in banks outside the territory of the Russian Federation or in authorized banks.

Non-residents have the right to carry out foreign exchange transactions with domestic securities on the territory of the Russian Federation, subject to the requirements established by the antimonopoly legislation of the Russian Federation and the legislation of the Russian Federation on the securities market, in the manner established central bank, which may require the use of a special account when making the specified currency transactions.

Currency transactions between non-residents on the territory of the Russian Federation in the currency of the Russian Federation are carried out through bank accounts (bank deposits) opened on the territory of the Russian Federation in the manner prescribed by the currency legislation of the Russian Federation.

1. Various options are possible classification species currency ope walkie-talkies. With regard to participation in currency relations credit institutions, it is important to distinguish two types of such operations. Operationsresidents with foreign currency and securities in foreign currency subdivided on the:
current currency operations;
and foreign exchange transactions related With movement capital. Main difference these two types of operations is as follows. Current currency transactions are carried out without what or restrictions. In its turn, operations By movement capital carried out in okay, defined Ruler stvom RF And CB RF. It is not allowed for the currency regulation authorities to establish a requirement for residents and non-residents to obtain individual permits.

2. Currency transactions between residents and non-residents are carried out withoutrestrictions, with the exception of those for which the law establishes a number of restrictions V purposes.
preventing the reduction of gold and foreign exchange reserves;
sharp fluctuations in the exchange rate of the Russian Federation;
maintaining the stability of the balance of payments of the Russian Federation. The restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

3. When regulating foreign exchange transactions, capital movements between residents and non-residents CBRFMaybeestablished vat only the requirement to use a special account and reservation. requirement for use special accountsresident can be set by the Central Bank of the Russian Federation at regulation next wa fierce operations
settlements and transfers when providing and receiving credits and loans in foreign currency by residents to non-residents (from non-residents);
operations with external securities, including settlements and transfers related to the transfer of external securities; ,

operations credit organizations except banking transactions. requirement for use special accountsnon-resident established by the Central Bank of the Russian Federation at regulation next currency operations between residents and non-residents:
settlements and transfers when providing and receiving credits and loans in the currency of the Russian Federation by residents to non-residents (from non-residents);
operations with external securities, including settlements and transfers related to the transfer of external securities;
fulfillment by residents of obligations under foreign securities;
transactions related to the acquisition by non-residents from residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities;
transactions related to the acquisition by residents from non-residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities, as well as the fulfillment by residents of obligations under domestic securities. Settlements and transfers in the provision of credits and loans in the currency of the Russian Federation by residents to non-residents are carried out by crediting the amount of credit or loan to the non-resident's bank account in the currency of the Russian Federation opened with an authorized bank. Cash settlements between residents and non-residents on transactions with domestic securities are carried out in the currency of the Russian Federation, unless otherwise established by the Central Bank of the Russian Federation as a whole or in relation to certain types domestic securities. As for cash settlements between residents and non-residents on transactions with external securities, they can be carried out in the currency of the Russian Federation and foreign currency, unless otherwise established by the Central Bank of the Russian Federation. Currency transactions between resident and non-resident individuals with external securities are carried out without restrictions, including settlements and transfers related to the acquisition and alienation of external securities (rights certified by external securities), in the amount of up to 150 thousand US dollars within calendar year.

4. Currency transactions between residents prohibited, behind exclude cheniya:
operations related to settlements in duty-free shops, in the sale of goods and the provision of services to passengers en route in international transportation;
transactions between commission agents (agents, attorneys) and principals (principals, principals) when rendering) services related to the conclusion and execution of contracts with non-residents on the transfer of goods, the performance of work, the provision of services, the transfer of information and the results of intellectual activity, including exceptional rights to them;
operations under contracts of transport expedition, transportation and chartering (charter) when the freight forwarder, carrier and charterer provide services related to the transportation

» cargo from Russia or imported into Russia, transit transportation of cargo through the territory of the Russian Federation, as well as under insurance contracts for these cargoes;
transactions with external securities issued on behalf of the Russian Federation, carried out through trade organizers on the securities market of the Russian Federation, subject to the registration of rights to such securities in depositories;
operations of legal entities with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation, and settlements are made in the currency of the Russian Federation;

Operations related to the implementation mandatory payments(taxes, fees and other payments) in federal budget, the budget of the subject of the Russian Federation, local budget in foreign currency. Withoutrestrictions are being implemented currency operations between residents and authorized banks, related:
with the receipt and repayment of loans and borrowings, the payment of interest and sanctions under the relevant agreements;
making Money residents to bank accounts (deposits) and receiving residents' funds from bank accounts (deposits);
bank guarantees, as well as with the fulfillment by residents of obligations under guarantee and pledge agreements;
acquisition by residents from authorized banks of promissory notes issued by these or other authorized banks, presentation of them for payment, receipt of payment on them, collection of sanctions on them, as well as alienation by residents of the said promissory notes to authorized banks;
with the purchase and sale by individuals of cash and non-cash foreign currency and checks, the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of foreign states, acceptance for collection in banks outside the territory Russian Federation cash foreign currency and checks, the nominal value of which is indicated in foreign currency, not for the purposes of implementation by individuals entrepreneurial activity;
with the payment of commission to authorized banks;
other foreign exchange transactions classified as banking

operations. 5« Non-residents entitled:
withoutrestrictions carry out among themselves translationsforeign Noahcurrencies from accounts (from deposits) in banks outside the territory of the Russian Federation to bank accounts (to bank deposits) in authorized banks or bank accounts (bank deposits) in authorized banks to accounts (to deposits) in banks outside the territory of the Russian Federation or in authorized banks;
carry out among themselves currencyoperationsWithinternalvaluablepapers on the territory of the Russian Federation, taking into account the requirements of antimonopoly legislation and legislation on the securities market in the manner established by the Central Bank of the Russian Federation, which may require the use of a special account when making such transactions. Currency transactions between non-residents on the territory of the Russian Federation in the currency of the Russian Federation are carried out through / bank accounts in Russia.

TO residents relate:

individuals who are citizens of the Russian Federation, with the exception of citizens of the Russian Federation who are recognized as permanent residents of a foreign state in accordance with the legislation of that state;
permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation, foreign citizens and stateless persons;
legal limes created in accordance with the legislation of the Russian Federation;
branches, representative offices and other subdivisions of residents located outside the territory of the Russian Federation, established in accordance with the legislation of the Russian Federation;
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;
The Russian Federation, its constituent entities, municipalities that act in relations regulated by currency legislation and other regulatory legal acts.

Non-residents- This:

individuals who are not citizens of the Russian Federation and have a permanent place of residence outside the territory of the Russian Federation;
legal entities established in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
organizations that are not legal entities, created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
diplomatic missions accredited in the Russian Federation, consular offices of foreign states and permanent representations of these states at interstate or intergovernmental organizations;
interstate and intergovernmental organizations, their branches and permanent representations in the Russian Federation;
branches, permanent representative offices and other separate or independent structural subdivisions of non-residents located in the territory of the Russian Federation, specified in subparagraphs "b" and "c".

Residents are entitled to have accounts in foreign currency both in the Russian Federation and abroad. In accordance with the current Law “On Banks and Banking Activities”, the number of foreign currency accounts opened by residents in authorized banks is unlimited.

Since July 1, 2005, residents have been granted the right to open, without restrictions, accounts (deposits) in foreign currency and banks located on the territory of foreign countries that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF) . At the same time, residents are obliged to notify the tax authorities at the place of their registration of the opening (closing) of such accounts (deposits) no later than one month from the date of conclusion (termination) of the agreement on opening an account (deposit) with a bank located outside the Russian Federation.

In turn, non-residents have the right to open bank accounts (deposits) in foreign currency and Russian rubles in authorized banks on the territory of the Russian Federation. The procedure for opening and maintaining bank accounts (deposits) of non-residents opened on the territory of the Russian Federation is established by the Central Bank of the Russian Federation.

Foreign currency received by resident legal entities is subject to mandatory crediting to their accounts in authorized banks, unless otherwise established by the Central Bank of the Russian Federation.

The relationship between the bank and the owner of the current currency account and a transit currency account are established on the basis of a bank account agreement concluded by the parties.

Currency transactions between residents and non-residents are carried out without restrictions, with the exception of foreign exchange transactions, in respect of which restrictions are established in order to prevent a significant reduction in gold and foreign exchange reserves, sharp fluctuations in the exchange rate of the Russian Federation, and also to maintain the stability of the balance of payments of the Russian Federation. These restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

Currency transactions between residents and non-residents related to non-cash payments are carried out using bank and special accounts. At the same time, currency transactions for which the Bank of Russia has established a requirement to use a special account are carried out only using a special account.

Such operations include settlements and transfers when residents provide loans and loans in foreign currency to non-residents, as well as when residents receive loans and loans in foreign currency from non-residents.

special account- a bank account in an authorized bank, either a special section of a depo account, or a special section of a personal account opened by registrars in the register of securities holders for recording rights to securities used to carry out foreign exchange transactions in it in cases established in accordance with the currency legislation.

Authorized banks open the following types of special bank accounts in foreign currency for residents:

account "F" is opened for a resident individual, including for settlements and transfers when a non-resident is granted a loan in foreign currency and a resident receives a loan and a loan in foreign currency from a non-resident;
P1 account is opened for a resident (individual - individual entrepreneur and legal entity), including for settlements and transfers upon receipt of a loan in foreign currency from a non-resident;
P2 account is opened for a resident (an individual - an individual entrepreneur and a legal entity), including for settlements and transfers when a foreign currency loan is provided to a non-resident.

account "C" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of bonds issued on behalf of the Russian Federation, which are domestic securities, including settlements and transfers related to the transfer of these bonds;
account "A" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of shares and investment units of unit investment funds that are domestic securities, including settlements and transfers related to the transfer of these shares and investment units;
an “O” account is opened for a non-resident to purchase from a resident and alienate in favor of a resident bonds of residents and non-residents that are domestic securities (with the exception of bonds issued on behalf of the Russian Federation that are domestic securities), including settlements and transfers related to the transfer of these bonds;
account "B1" is opened to a non-resident for settlements and transfers upon receipt of a loan in the currency of the Russian Federation from a resident; to attract from a resident the currency of the Russian Federation, received from the initial placement (issue) of shares and bonds, which are domestic securities, the issuer of which is a non-resident - the owner of the account "B1", from the issuance by a non-resident - the owner of the account "B1", to the resident of promissory notes that are domestic securities papers;
account "B2" is opened to a non-resident for settlements and transfers when a resident is granted a loan and a loan in the currency of the Russian Federation; for the acquisition of domestic non-equity securities from a resident, including settlements and transfers related to the transfer of domestic non-equity securities; for the alienation in favor of a resident of domestic non-equity securities (with the exception of promissory notes that are domestic securities), including settlements and transfers related to the transfer of these domestic non-equity securities.

All other currency transactions with residents are carried out by non-residents without the use of special accounts.

Non-residents make settlements in cash in the currency of the Russian Federation using bank accounts in the currency of the Russian Federation opened with authorized banks.

When making settlements in cash in the currency of the Russian Federation, non-residents are required to comply with the procedure for cash settlements established for residents by the legislation of the Russian Federation, including the maximum amount of cash settlements between legal entities established by the Bank of Russia.

Currency transactions between residents are prohibited, with the exception of:

transactions related to settlements in duty-free shops, as well as with settlements in the sale of goods and the provision of services to passengers en route Vehicle for international transport;
transactions between commission agents (agents, attorneys) and principals (principals, principals) when commission agents (agents, attorneys) provide services related to the conclusion and execution of contracts with non-residents on the transfer of goods, performance of work, provision of services, transfer of information and results of intellectual property activities, including exclusive rights to them;
transactions of legal entities with funds credited in accordance with the currency legislation to accounts (deposits) opened with banks outside the territory of the Russian Federation, with the exception of currency transactions between residents;
operations individuals, not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited in accordance with the currency legislation to accounts (deposits) opened with banks outside the territory of the Russian Federation;
operations of resident individuals related to:
1. transfer of currency valuables as a gift to the Russian Federation, a subject of the Federation and (or) a municipality;
2. donating currency values to a spouse and close relatives;
3. bequeathing currency values or receiving them by right of inheritance;
4. acquisition and alienation by a resident individual for the purpose of collecting single banknotes and coins;
5. by a resident individual from the Russian Federation and to the Russian Federation without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may only limit the amount of the transfer, as well as postal transfer;
6. purchase from an authorized bank or sale to an authorized bank by an individual - a resident of foreign currency in cash, exchange, replacement of banknotes of a foreign state (a group of foreign states), as well as acceptance of cash foreign currency for collection in banks outside the territory of the Russian Federation;
operations under contracts of transport expedition, transportation and chartering (charter) when the freight forwarder, carrier and charterer provide services related to the transportation of goods exported from the Russian Federation or imported into the Russian Federation, transit transportation of goods through the territory of the Russian Federation, as well as under contracts of insurance of these goods ;
transactions with external securities issued on behalf of the Russian Federation, carried out through the organizers of trade in the securities market of the Russian Federation, subject to the registration of rights to such securities in depositories established in accordance with the legislation of the Russian Federation;
operations of legal entities with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation, and settlements are made in the currency of the Russian Federation;
transactions related to the implementation of mandatory payments (taxes, fees and other payments) to the federal budget, the budget of a subject of the Federation, the local budget in foreign currency in accordance with the legislation of the Russian Federation.

Currency operations on transactions between authorized banks, made by them on their own behalf and at their own expense, are carried out in the manner established by the Central Bank.

Without restrictions, currency transactions are carried out between residents and authorized banks related to;

receipt and repayment of credits and loans, payment of interest and penalties under the relevant agreements;
depositing residents' funds to bank accounts (bank deposits) and receiving residents' funds from bank accounts (bank deposits);
bank guarantees, as well as with the fulfillment by residents of obligations under guarantee and pledge agreements;
acquisition by residents from authorized banks of promissory notes issued by these or other authorized banks, presentation of them for payment, receipt of payment on them, including by way of recourse, collection of penalties on them, as well as alienation by residents of the said promissory notes to authorized banks in the manner established federal law dated March 11, 1997 No. 48-FZ "On a transfer and promissory note";
purchase and sale by individuals of cash and non-cash foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of a foreign state (a group of foreign states ), acceptance for sending for collection to banks outside the territory of the Russian Federation of foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, not for the purposes of entrepreneurial activities by individuals;
payment of commission to authorized banks;
other currency transactions classified as banking transactions in accordance with the legislation of the Russian Federation.

Currency transactions between non-residents. Non-residents have the right, without restrictions, to transfer foreign currency between themselves from accounts (from deposits) in banks outside the territory of the Russian Federation to bank accounts (to bank deposits) in authorized banks or bank accounts (bank deposits) in authorized banks to accounts (to deposits) in banks outside the territory of the Russian Federation or in authorized banks.

Non-residents have the right to carry out foreign exchange transactions with domestic securities on the territory of the Russian Federation, subject to the requirements established by the antimonopoly legislation of the Russian Federation and the legislation of the Russian Federation on the securities market, in the manner established by the Central Bank, which may require the use of a special account when making specified foreign exchange transactions.

Banking law. Cribs Kanovskaya Maria Borisovna

90. Currency transactions between residents and non-residents

Currency transactions between residents and non-residents are carried out without restrictions, with the exception of those for which the law establishes a number of restrictions in order to:

Preventing the reduction of gold and foreign exchange reserves;

Sharp fluctuations in the exchange rate of the Russian Federation;

Maintaining the stability of the balance of payments of the Russian Federation.

The restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

When regulating currency transactions of capital movements between residents and non-residents, the Central Bank of the Russian Federation can only establish a requirement to use a special account and reserve.

Requirement to use a special account by a resident may be established by the Central Bank of the Russian Federation when regulating the following currency transactions between residents and non-residents:

Settlements and transfers in the provision and receipt of loans and borrowings in foreign currency by residents to non-residents (from non-residents);

Operations of credit institutions, except for banking operations.

Requirement to use a special account by a non-resident is established by the Central Bank of the Russian Federation when regulating the following currency transactions between residents and non-residents:

Settlements and transfers when providing and receiving credits and loans in the currency of the Russian Federation by residents to non-residents (from non-residents);

Transactions with external securities, including settlements and transfers related to the transfer of external securities;

Fulfillment by residents of obligations under foreign securities;

Transactions related to the acquisition by non-residents from residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities;

Transactions related to the acquisition by residents from non-residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities.

This text is an introductory piece. From the book Money. Credit. Banks [Answers to exam tickets] author Varlamova Tatyana Petrovna

109. Currency operations of commercial banks B modern conditions the performance of foreign exchange operations by banks is becoming increasingly important. In terms of their economic content, they include both active and passive operations banks, i.e. belong to

author Ioda Elena Vasilievna

6.1. CURRENCY OPERATIONS WITH FUNDS OF INDIVIDUALS Commercial banks carry out several types of foreign exchange operations with funds of individuals: opening and maintaining accounts in foreign currency; currency exchange operations; non-trading transactions.

From the book Fundamentals of Organization of Activities commercial bank author Ioda Elena Vasilievna

6.2. CURRENCY TRANSACTIONS ON ORDERED LEGAL ENTITIES All transactions carried out commercial bank in the interests of legal entities can be conditionally divided into two groups: passive and active. Passive operations include attracting deposits in foreign currency and

From the book Banking Law author Kuznetsova Inna Alexandrovna

43. Foreign exchange operations of commercial banks active operations), and according to special classification features that are characteristic only of currency

From book 1C: Accounting 8.0. Practical tutorial author Fadeeva Elena Anatolievna

Chapter 6 Cash transactions and transactions on the settlement account Places of storage of funds of the enterprise are cash desks and settlement accounts. Actual data on the availability of funds in the cash desks of the enterprise and on settlement bank accounts are taken into account for each location

From the book Money, credit, banks. cheat sheets author Obraztsova Ludmila Nikolaevna

112. Bank operations. Passive operations Operations of a commercial bank are conditionally divided into three main groups: 1) passive operations (raising funds); 2) active operations (placing funds); 3) active-passive (intermediary, trust, etc.). Passive operations

From the book Banking Law. cheat sheets author Kanovskaya Maria Borisovna

91. Cash settlements between residents and non-residents Cash settlements between residents and non-residents on operations with domestic securities are carried out in the currency of the Russian Federation, unless otherwise established by the Central Bank of the Russian Federation as a whole or in relation to certain types of domestic securities.

From the book Banking: a cheat sheet author Shevchuk Denis Alexandrovich

Topic 77 currency values, 2. - using currency as a means of payment, as well as rubles when making foreign economic activity, 3. - from

From the book Money. Credit. Banks: lecture notes author Shevchuk Denis Alexandrovich

Foreign exchange operations of banks Foreign exchange operations can be classified according to their purposes: - foreign exchange; - speculative (hope for a profitable change in the exchange rate) and arbitrage (profit from the difference in prices in different markets => no risk). In terms of time and technology

the author Kryshkin Oleg

Sub-process "Movement between warehouses (or between workshops)" In general, the features of this sub-process are covered in the section on the "Asset Management" process. The auditor should understand that when moving goods and materials (as opposed to fixed assets), it makes sense to expect some loss.

From the book Handbook on internal audit. Risks and business processes the author Kryshkin Oleg

Sub-process "Movement between warehouses (or between workshops), including disassembly and assembly operations" Depending on the industry, the movement of fixed assets can be minimal (for example, production consists of stationary technological lines,

From the book ABC of Economics author Gwartney James D

COMPETITION BETWEEN AUTHORITIES is as important as competition between firms. The competition of the authorities among themselves and with private enterprises forces the authorities to better serve the interests of the people. Competition disciplines. If a private firm does not provide good customer service, it

From book State debt: analysis of the management system and evaluation of its effectiveness author Braginskaya Lada Sergeevna

Exchange operations and operations of early redemption of government securities A significant obstacle to the development of the domestic borrowing market at present is a high degree of concentration of government bond issues in the portfolios of several large

From the book Marketing Management author Dixon Peter R.

Growth/Stagnation vs. Adaptation/Efficiency Trade-offs A strategic trade-off must be found in the relationship between marketing and production. Two typical conflict situations are related to the choice between growth and stagnation and between adaptation and

From the book Export Contracts author Korniychuk Galina

5.5. Foreign exchange transactions Article 1 of Law No. 173-FZ provides a fairly broad definition of the concept of "currency transactions". So, in accordance with paragraph 9 of Art. 1 of this Law, currency transactions include: acquisition by a resident from a resident and alienation by a resident in favor of a resident

From book Private equity in USSR author Larin Yuri

10. Foreign exchange transactions Profiting from foreign exchange transactions is the tenth way of accumulating private capital by illegal and semi-legal methods. I have in mind here, first of all: 1) speculation on the rate of paper money during a period of large fluctuations in this rate, 2) trading

The concept is contained in the Law "On currency regulation and currency control”, in article 1.

Resident is:

Individual
1. Citizen of the Russian Federation, except:
  1. Permanently residing abroad for at least 1 year;
  2. Having a residence permit of a foreign state;

Temporarily staying abroad for at least 1 year (work / study visa - at least 1 year).

Having a residence permit of the Russian Federation.
Legal entities - on the territory of the Russian Federation, in accordance with the legislation of the Russian Federation.
Branches of legal entities referred to in paragraph 3 abroad;
Consulates, diplomatic organizations of the Russian Federation located abroad;

A non-resident is:

Not citizens of the Russian Federation;
Legal entities in the territory of a foreign state, created in accordance with the legislation of this state;
Non-legal entities not established under Russian law;
Consulates, diplomatic organizations of foreign states;
Branches/representative offices of intergovernmental and interstate organizations;
Branches/representative offices of foreign legal entities;

Currency operations:

Currency transactions between residents:

Purchase by a resident from a resident;
Sale by a resident to a resident of currency values;
Currency as a means of payment;
Currency transfer between residents;

Currency transactions between residents and non-residents:

Purchase by a resident from a non-resident/non-resident from a resident;
Sale by a resident/non-resident to a non-resident/resident of currency values;
Currency as a means of payment;

Currency transactions between non-residents:

Purchase by a non-resident from a non-resident;
Sale by a non-resident to a non-resident of currency values;
Currency as a means of payment;

Import and export of currency;
Currency transfer.

So far, the instruction on foreign exchange transactions of 2012 is in force, but from January 1, 2012 it becomes invalid. The new regulation will come into effect. The information presented in the article will be based on the instructions that come into force on January 1, 2018. This instruction applies to residents and non-residents, except for non-resident individuals.

Documents when conducting foreign exchange transactions

Rules for residents

After crediting the currency to the transit account, the resident is obliged to submit documents to the bank no later than 15 working days.

List of documents:

Passport, other identification document;
Certificate of registration of individual entrepreneur, legal entity;
Confirmation of tax registration;
Regarding real estate - this may be a contract of sale, or another document confirming the rights to it;
Confirmation of opening an account outside the territory of the Russian Federation;
Grounds for conducting a currency transaction: contract, agreement, invoices, etc.;
Documents issued by the bank (receipts, statements);
Customs documents;
Transaction passport - a set of information about the parties to a currency transaction, indicating a specific type of currency, the amount of the transaction, interest rate(for credit), payment schedule. The transaction passport is a complex document from all other documents, presenting information in a compressed form;
Relationship documents (marriage certificate, birth certificate, etc.);
Residence permit of a foreign state (for citizens of the Russian Federation);
Factoring agreement, if any;
Confirmation of the currency transaction (receipt, statement).

For non-residents:

The above plus:

Confirmation of the possibility of carrying out foreign exchange transactions, if such a requirement exists in a foreign country.

When conducting foreign exchange transactions, the code of the type of operation is of great importance. The list of codes is contained in Appendix 1 to the instructions.

Money from the transit account can be withdrawn both after the provision required documents, and up to. Funds can be issued prior to the submission of the above documents when providing the bank with information about the operation type code.

To issue foreign currency funds, a resident submits to the bank an order to this effect and the documents listed above.

When a Resident Should Not Submit Documents

When providing currency with the consent of the resident;
When interacting with the bank that opened the account;
When moving currency between the accounts of a resident;
Withdrawal of funds for the payment of pensions, social benefits non-resident;
When using a currency payment card;
Letter of credit;
When working with an amount of not more than 200 thousand rubles. (in equivalent) if the resident provides information about the code.

Deadlines for providing information (information about the code, documents on a currency transaction) for conducting a currency transaction

Crediting foreign currency to a transit account - all information is provided at the same time;
Transfer of Russian rubles - 15 working days after the operation;
Withdrawal of foreign currency from a foreign currency account - simultaneously;
Withdrawal of Russian rubles from the account in rubles - simultaneously.

Rules for non-residents

Situation: a non-resident opened an account in Russian rubles in Russian bank. In order to withdraw this money, a non-resident must submit information about the code to the bank.

Should not provide this information if:

When recovering under the legislation of the Russian Federation;
Debits;
Interaction with the bank that opened the account;
Transfer between non-resident accounts;
Use of a payment card.

Export/import/loan agreement of a resident

The resident, regardless of which party he will be in the contract (importer/exporter), must register the contract with an authorized bank. In this case, the resident is obliged to carry out all foreign exchange transactions through this bank.

Exceptions to this rule:

The account is opened in a branch of an authorized bank - currency transactions can also be carried out through the head office of this bank;
The account is opened at the head office - operations can be carried out at the branch;

The exporter provides the bank with data on the contract or the contract itself.

The importer and the resident party in the loan agreement are required to submit the agreement itself to the bank.

Terms of submission of documents under such contracts:

When transferring any currency to a non-resident's account - before issuing an order to the bank;
When transferring any currency to a resident's account from a non-resident - no later than 15 working days after the transfer of funds;
When transferring any currency to a resident's account from a non-resident, the account is opened with a non-resident bank - no later than 30 business days after the month of transfer of funds (if funds were transferred, for example, on November 15, then the 30-day period will start from December 1);

The exact amount is not specified in the loan agreement:

Transfer of funds from residents to a non-resident, or vice versa (non-resident-resident) no later than 15 working days after the month of transfer of funds (if funds were transferred, for example, on November 15, then the 15-day period will start from December 1) for:
1. Import and loan agreement, the amount must be equal to or greater than 3 million rubles;
2. Export contract, the amount must be equal to or greater than 6 million;
Execution of the contract - import / export of products, when customs declaration is necessary - no later than the transfer of customs declarations;
Execution of the contract - import / export of products, when there is no need for customs declaration - no later than 15 working days after the month of transfer of funds (if funds were transferred, for example, on November 15, then the 15-day period will start from December 1);
Execution of the contract - services, works, intellectual activity - no later than 15 working days after the month of transfer of funds (if funds were transferred, for example, on November 15, then the 15-day period will start from December 1);
The fulfillment of obligations occurs in other ways (not those indicated above) - no later than 15 business days after the month of transfer of funds (if funds were transferred, for example, on November 15, then the 15-day period will start from December 1).

Deregistration of the agreement with the bank

Reasons for deregistration:

Switching to another bank, including when moving to another branch or head office;
Closing an account;
Obligations are fulfilled in full;
One of the parties took advantage of the assignment of the right to claim;
Obligations terminated/fulfilled for other reasons;
The contract is registered due to an error.

The deregistration application must contain:

Contract number;
One of the reasons for deregistration with reference to a specific paragraph of the instruction;
Information about the person in whose name the claim is assigned;
Confirmation of the assignment of the claim;
Loan fulfillment confirmation.

One application can cancel several contracts.

Changing information about registered contracts

The subject submits an application for amendments to the agreement to the bank in which the agreement is registered.

An application for changing information must contain:

Contract number;
The document that is the reason for the change (for example, an additional agreement);
The date of approval of the amending documents is indicated.

The above documents are submitted to the bank after their final approval no later than 15 business days.

Relations with the bank and the subject (resident / non-resident) - ways of interaction according to the instructions

Interaction with the bank is based on mutual agreement between the bank and the entity (resident/non-resident).

Documents submitted to the bank must be original or a certified copy.

Documents can be submitted as in electronic format, and on paper (this is consistent with the bank).

Individuals and individual entrepreneurs, or their representatives themselves sign documents and affix a seal.

From legal entities, the signature and seal is put by a person authorized legal entity, must provide the bank with the relevant documents (appointment order, minutes of the decision general meeting participants, etc.).

If documents are sent to the bank in electronic form, they must be signed with an electronic signature. For getting electronic signature you need to apply to the EDS (Single Electronic Signature Portal)

The date of receipt of documents at the bank is the date of their submission.

Rights and obligations of residents and non-residents

Rights:

They can get acquainted with the documents, the results of inspections;
Can appeal actions/inactions authorized bodies;
They can compensate the state for damage in connection with the illegal actions of authorized persons, controllers.

Responsibilities:

Subjects are obliged to give access to the documents necessary for conducting inspections;
Keep documents on foreign exchange transactions for 3 years, keep records and reports. According to the information indicated above, you saw that it is necessary to provide all documents to the bank, up to receipts and payments. Be careful, do not neglect these rules, otherwise you may become a lawbreaker;
The subjects must comply with the requirements of the authorized bodies, controllers regarding the identified violations;
The resident must ensure the patency of funds on the accounts, ensure the execution of transaction passports.

Repatriation

Repatriation is the process of returning an asset, an object of symbolic value, voluntarily or by force, to its owner or place of origin or citizenship. The term can refer to non-human subjects such as the conversion of foreign currency into one's own country's currency, as well as the process of returning military personnel to their place of origin after a war. This also applies to diplomatic envoys, international officials, as well as emigrants and migrants during the international crisis.

Repatriation of currency occurs when foreign currency returned to the currency of the country of origin. Repatriation also applies to the payment of dividends foreign company Russian firm. FDI is not taxed until the dividend is paid to the controlling parent company and thus repatriated. Income from direct foreign investment taxed only by the country in which it is incorporated prior to repatriation. There are currently hundreds of billions of FDI due to the reluctance to repatriate these earnings.

Residents are obliged to ensure in relation to non-residents:

The possibility of transferring funds from a non-resident to a resident;
Possibility of reversion (refund) of funds due to non-fulfillment of the contract;

Documents submitted to the bank by a resident:

Information about the period of receipt of funds from a non-resident;
Information about the period of performance of the contract by the non-resident;

A resident may not use bank accounts in the following cases:

If the contract is concluded for a period of more than 2 years with non-residents of OECD or FATF member states;
When a non-resident pays the expenses of a resident related to the construction, creation of an object on the territory of a foreign state (expenses in a foreign state);
When conducting cultural events;
When does the set-off of claims take place? certain categories activities
For transport companies.