In Russia, the function on currency control is entrusted to special organs and agents, the list of which is regulated by Federal Law No. 173-FZ dated December 10, 2003 (the revision of 07/03/2016) "On currency regulation and currency control". Currency control is a combination of measures conducted by the state intended to ensure compliance with currency legislation during operations with foreign currency. At the heart of this control lies the state restriction of the possibility of citizens to acquire foreign currency, as well as the acquisition of the domestic currency by non-residents. This restriction is usually introduced in connection with the need of countries with partially convertible currency to prevent capital outflow. Countries with a high level of economic stability and acceptable balance of balance do not have the need to apply this tool. So, freely convertible currencies (US dollar, euro and pound sterling) are not controlled by issuers' states.
Currency controls
In the Russian Federation, currency control authorities include:
- Central Bank, whose responsibility zone includes control over currency operations carried out by the main participants financial marketsuch as currency exchanges and credit organizations. An important part of currency control is the transfer of information on appropriate operations from authorized banks to customs authorities. This process is also included in the Functional of the Central Bank as a monetary control authority;
- the federal executive authority authorized by the Government of the Russian Federation. This body controls foreign exchange transactions between market participants, which are residents and non-residents of the country and are related to stock exchanges or credit organizations. Previously, this feature was performed by the Federal Financial and Budget Supervision Service (Rosfinnadzor), but by decree of the President of the Russian Federation of 02.02.2016 No. 41 "On some issues of state control and supervision in the financial and budgetary sphere", it was abolished. To date, these functions are fulfilled by the Federal Customs Service and the Federal Tax Service of the Russian Federation.
The Government of the Russian Federation coordinates the activities of the above-mentioned bodies in the field of currency control and controls the relationship between customs authorities and participants in the securities market with the Central Bank of the Russian Federation.
Currency control agents
In the Russian Federation, currency control agents are:
- banks that are authorized and accountable central bank;
- banks that are not authorized;
- Development Bank and Foreign Economic Activities (Vnesheconombank);
- tax authorities;
- customs;
- participants in the securities market.
The main difference of currency control agents is that they do not have the right to apply punitive measures towards the market participants for violating currency legislation and demand to level the violation data.
Functions of the organs and agents of currency control
Among the functions of organs and agents, you can list the following:
- control the degree of compliance with residents and non-residents of operations with currency legislation in the relevant area;
- checking accounting and drawing up reporting in terms of currency operations;
- check the documentation associated with the discovery and conduct of currency accounts.
Currency control agents are required to provide monetary control bodies all the necessary information regarding currency transactions in the implementation of which they participate. Bodies and agents of currency control are obliged to comply with the service, commercial and banking secrets, access to which was obtained during the exercise of official authority.
For the convenience of studying the material, the article split on the themes:
Currency control agents are organizations that, in accordance with the legislation of the Russian Federation, can carry out the functions of currency control, and are accountable to the relevant monetary control authorities. Agents include: authorized banks, other non-bank organizations that have licenses for currency transactions.
Currency controls
Currency control bodies - organs carrying out currency control in the territory of the Russian Federation. Currency control authorities 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 (Art. 11 of the Law of the Russian Federation No. 3615-1).Currency control bodies within their competence:
Make regulations, mandatory for all residents and non-residents in the Russian Federation (paragraph 1 of Article 12 of the Law of the Russian Federation No. 3615-1):
Carry out control over the residents carried out in the Russian Federation and non-resident currency transactions, for the compliance of these operations by legislation, license conditions and permits, as well as for compliance with the acts of currency control bodies (paragraph 2 of Article 12 of the Law of the Russian Federation No. 3615-1);
Checks for currency operations of residents and non-residents in the Russian Federation (paragraph 2 of Article 12 of the Law of the Russian Federation No. 3615-1).
Currency control bodies determine the procedure and forms of accounting, reporting and documentation on currency operations 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 implementation of currency control functions, obtain the necessary explanations, references and information on issues arising from inspections, as well as to withdraw documents indicating violations in the field of currency legislation;
b. suspend account operations in authorized banks in case of failure to submit documents and information;
c. suspend the action or deprive residents, including authorized banks, as well as non-residents of licenses and permits on the permitting of foreign exchange operations;
d. Other rights provided for by the legislation of the Russian Federation.
Currency control bodies and their officials are obliged to maintain a commercial secret of residents and non-residents known to them when performing currency control functions. Currency controls and their officials in the case of improper implementation of responsibilities assigned to them may be liable in the manner prescribed by the legislation of the Russian Federation.
Currency Control Law
The law on currency regulation and currency control (the Law of the Russian Federation No. 3615-1) is the Law of the Russian Federation No. 3615-1 "On Currency Regulation and Currency Control".Determines:
A) the principles of the implementation of foreign exchange operations in the Russian Federation;
b) the powers and functions of currency regulation and currency controls;
c) the rights and obligations of legal entities and individuals in relation to possession, use and disposal of currency values;
d) responsibility for violation of currency legislation.
Currency control agents
Currency control agents are credit organizations, accountable Central Bank of the Russian Federation, as well as organizations accountable to federal executive bodies that perform currency control functions (for example: customs authorities, tax authorities). Currency control agents within their competence are monitored by residents and non-residents of foreign exchange operations carried out in the Russian Federation. According to Article 22 of the Federal Law of the Russian Federation "On Currency Regulation and Currency Control" No. 173-FZ of the Year, the State Correspondence Agents of Development and Foreign Economic Activities (Vnesheconombank), as well as non-authorized banks of the securities market, are also not authorized banks. Including registry holders (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) carry out inspections of compliance with residents and non-residents of acts of currency legislation of the Russian Federation and acts of currency regulatory bodies;
2) carry out inspections of the completeness and reliability of accounting and reporting on currency operations of residents and non-residents;
3) request and receive documents and information related to currency operations, discovery and conducting accounts. Mandatory time To submit documents on requests from organic currency control agents, it cannot be less than seven working days from the date of request.
4) in order to implement 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 currency operations, opening and conducting accounts:
1) documents certifying the identity of an individual;
2) Document on state registration 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 on real estate;
6) documents certifying the rights of non-residents to carry out currency transactions, the opening of accounts (deposits), issued and issued by the authorities of the country of residence (registration site) of a non-resident, if obtaining a 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 accounting of the resident on opening an account (contribution) in the Bank outside the territory of the Russian Federation;
8) documents (draft documents), which are the basis for currency operations, including agreements (agreements, contracts), power of attorney, discharge from the Protocol of the General Assembly or other legal entity authority; documents containing information about the results of the auction (in case of their holding); documents confirming the fact of the transfer of goods (performance, services), information and results of intellectual activity, including them, states of state bodies;
9) Documents issued and issued credit organizations, including bank statements; documents confirming the commissioning operations;
10), documents confirming the importation of the currency of the Russian Federation, foreign currency and external and internal securities in documentary form in the Russian Federation;
11) transaction passport;
12) documents confirming that individuals are spouses or close relatives, including documents issued by the civil status records (certificate of marriage, birth certificate), which have entered into legitimate the court's decision to establish the fact of family or related relations, Adoption (adoption), on the establishment of paternity, as well as records in passports on children, about the spouse and other documents stipulated by the legislation of the Russian Federation.
Currency control agents have the right to require submission of only those documents that directly relate to the currency transaction.
All documents must be valid on the day of representation of currency control agents. At the request of the currency control agent, duly certified translations into Russian documents performed fully or in any part of their part in a foreign language are submitted. Documents coming from state bodies of foreign countries confirming the status of legal entities - non-residents should be legalized in the prescribed manner. Foreign official documents may be represented without legalization in cases provided for by the International Treaty of the Russian Federation.
Documents are represented by currency control agents in the script or in the form of a properly certified copy. If only part of the document is related to the currency operation or opening an account, a certified extract from it may be presented.
Authorized banks refuse to implement a currency transaction in case of failure to submit the person to the person, or the submission of unreliable documents. Originals of documents are accepted by currency control agents for familiarization and return to those who submitted them. In this case, the copies certified by the currency control agent are placed in this case.
Currency control agents and their officials are required:
1) carry out control over the observance of residents and non-residents of acts of currency legislation of the Russian Federation and acts of currency regulatory bodies;
2) to submit to the monetary control authorities information on foreign exchange operations carried out with their participation, in the manner prescribed by acts of the currency legislation of the Russian Federation and acts of currency regulatory authorities.
3) to maintain commercial, banking and official secrets in accordance with the legislation of the Russian Federation, which has become known to them in the exercise of their powers.
4) currency control agents in the presence of information on violation of acts of currency legislation of the Russian Federation and acts of currency regulatory authorities by the person carrying out foreign currency transactions, or on the opening of the account (contribution) in the bank outside the territory of the Russian Federation, the currency control authority 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 address, the content of violations, indicating the violated regulatory legal act, the date of the commission and the amount of the illegal currency transaction or violation;
b) in relation to an individual - last name, first name, patronymic, data on the identity document, address of the place of residence, the content of violations, indicating the violated regulatory legal act, the date of the commission and the sum of the illegal currency transaction or the specified violation.
Custom monetary control
In connection with the presence of certain features in the design of transactions between residents of the Customs Union, the question often arises how to properly arrange documents of currency control, and whether privileges or relief are provided in currency legislation for such transactions. In accordance with the Customs Code of the Customs Union, the Unified Customs Territory of the Customs Union (hereinafter referred to as the Customs Territory of the Customs Union) accounts for the territory of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.Customs regulation in the Customs Union - the legal regulation of relations related to the movement of goods across the customs border of the Customs Union, their transportation on the unified 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 payments, as well as power relations between customs authorities and persons who implement the rights of ownership, use and disposal of these goods.
In accordance with Art. 6 Customs Code of the Customs Union to the main tasks of customs authorities include the implementation of customs control. But customs authorities within their competence carry out other types of control, including export, currency and radiation, in accordance with the legislation - members of the vehicle.
As you know, the submission of the customs declaration must be accompanied by the submission of the customs authority of the documents, on the basis of which it is filled. Subparagraph 13 of paragraph 1 of Art. 183 Customs Code established that the customs authority is entitled to demand 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 making transactions between the companies of 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 the Federal Law on N 409-FZ with amended by Federal Law No. 327-FZ ).
The priority document, which must be issued for the implementation of operations between the companies of the Member States of the Customs Union, is the transaction passport. The transaction passport is issued in the implementation of currency transactions between residents and non-residents, namely, when making calculations and translations through the residents of the resident, open in authorized banks, as well as through accounts in the non-resident bank, including for exported from the customs territory of the Russian Federation or imported to Customs Territory of the Russian Federation Goods, work performed, services provided transmitted information and results of intellectual activity (including exceptional rights to them), according to a foreign trade agreement (contract) concluded between the resident ( legal entity Or an individual entrepreneur) and a non-resident.
Non-compliance established rules Registration of passport transactions or violation installed deadlines His ideas on the basis of Part 6 of Art. 15.25 of the Code of the Russian Federation on Administrative Entertainment administrative fine on officials in the amount of 4,000 to 5,000 rubles; on legal entities - from 40 thousand to 50 thousand rubles.
Thus, to submit documents for registration of the transaction passport is required no later than the implementation of the first currency transaction under the contract or otherwise under the contract. For registration of the passport, the transaction must be submitted to the bank two copies of the transaction passports filled in accordance with Annex 4 to the instructions N 117-and, and the contract (contract), which is the basis for currency operations under the contract.
Make a transaction passport no need if total amount The contract does not exceed $ 50,000 at the official exchange rate of foreign currencies in relation to the ruble established by the Bank of Russia at the date of concluding a contract. PS Bank on the day of signing (registration or renewal) of the passport of the transaction under the contract in the manner set out in Appendix 3 to the Regulations on the procedure for submitting residents to authorized banks of confirmation of documents and information related to currency transactions with non-residents on foreign trade transactions and the implementation of authorized banks control over currency operations opens and leads in electronic format statement based on the information contained in: transaction passport; certificates of identification by types of funds for funds in foreign currency received to the account (written off from the account) of the resident in the implementation of a currency transaction under the contract submitted by the resident to the PS Bank in the manner prescribed regulatory act Bank of Russia, regulating the procedure for accounting for currency transactions and registration of transaction passports; settlement documents issued and represented by the resident to the PS Bank in the implementation of settlements with non-residents in the currency of the Russian Federation under the contract in the manner established by the regulatory act of the Bank of Russia, regulating the procedure for accounting for currency transactions and design passports of transactions; certificate of confirming documents, certificates of calculations through accounts abroad, certificate of currency receipt of the Russian Federation.
Neither by the Federal Law "On Currency Regulation and Currency Control" nor the Regulations on the procedure for submitting residents to authorized banks of confirmation of documents and information related to currency transactions with non-residents on foreign trade transactions, and exercising authorized banking banks for currency transactions are not provided for any Relaxation in the design of the Customs Union member states.
Thus, timely design and submission of currency control documents will ensure the unobstructed passage of payments between the accounts of counterparties and the fulfillment of supply commitments.
Currency control in the bank
Currency control is the implementation by the state of supervision for conducting legal entities, individual entrepreneurs and citizens-individuals of foreign exchange operations, in order to control the compliance of currency legislation.The main regulatory act establishing the legal framework and the principles of currency regulation and currency control in the Russian Federation is the Federal Law No. 173-FZ "On Currency Regulation and Currency Control".
To currency transactions, followed by currency control in the Russian Federation include:
Imports into the Russian Federation and export from the Russian Federation foreign currency and / or securities in foreign currency, issued not on the territory of the Russian Federation (hereinafter - currency values), rubles of the Russian Federation and securities in the rubles of the Russian Federation and issued in the Russian Federation;
Translation of foreign currency, RF rubles, securities from an account opened outside the territory of the Russian Federation, at the expense of the same person open in the territory of the Russian Federation, and from an account opened in the Russian Federation, at the expense of the same person open outside territory of the Russian Federation;
Translation by the non-resident of the RF rubles, securities from the account opened in the Russian Federation, at the expense of the same person open on the territory of the Russian Federation.
Operations between residents Acquisition by resident at the resident and alienation by the resident in favor of a resident of currency values \u200b\u200bon legal basis, as well as the use of currency values \u200b\u200bas a means of payment;
Operations between residents and non-residents: the acquisition of a resident by a non-resident or a non-resident at the resident and the alienation of the resident in favor of a non-resident or a non-resident in favor of a resident of currency values, RF rubles, securities in rubles of the Russian Federation and issued in the Russian Federation on legal grounds, as well as the use of currency values, rubles of the Russian Federation and labeled securities as a means of payment;
Operations between non-residents: the purchase of a non-resident non-resident and the alienation of a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and securities in rubles of the Russian Federation and issued in the Russian Federation on legal grounds, as well as the use of currency values, the currency of the Russian Federation and securities data as a means of payment;
Reference: residents are:
Individuals:
1) Citizens of the Russian Federation, with the exception:
Citizens of the Russian Federation recognized by permanently residing in a foreign country at least 1 year, including those issued by this state a residence permit, citizens of the Russian Federation, temporarily staying in a foreign country at least 1 year on the basis of a working or training visa with a 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) offices and other units of legal entities established in accordance with the legislation of the Russian Federation and outside the territory of the Russian Federation;
3) diplomatic missions, consular agencies of the Russian Federation and other official representation of the Russian Federation, which are outside the territory of the Russian Federation, as well as the permanent missions of the Russian Federation for interstate or intergovernmental organizations;
4) Russian Federation, constituent entities of the Russian Federation, municipalities.
Non-resident are:
individuals:
1) Foreign citizens and stateless persons, with the exception of 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 of 1 year or more, including those who have a residence permit for foreign or temporarily living in a foreign state 1 year and more on the basis of a working or training visa of 1 year and more;
Legal entities:
1) created in accordance with the legislation of foreign states and having a location outside the territory of the Russian Federation;
2) organizations that are not legal entities established in accordance with the legislation of foreign states and having a location outside the territory of the Russian Federation;
3) Branches on the territory of the Russian Federation, permanent missions and other, separate or independent structural units of non-residents listed above;
4) diplomatic missions accredited in the Russian Federation, consular agencies of foreign states and permanent representations of these states under interstate or intergovernmental organizations;
5) interstate and intergovernmental organizations, their branches and permanent missions in the Russian Federation;
6) other persons not listed in the above-mentioned list of residents.
The state carries out currency control functions using currency control and currency control agents.
Currency control bodies - Central Bank of the Russian Federation, an authorized federal executive body (currently Rosfinnadzor).
Russian credit organizations (banks) with the right on the basis of licenses of the Bank of Russia to exercise bank operations With funds in foreign currency, as well as branches of foreign credit institutions operating on the territory of the Russian Federation, which have the right to carry out banking operations with funds in foreign currency (hereinafter referred to as authorized banks) are agents of currency control.
Authorized banks, in the framework of the functions of currency control agents have the right:
1. Conduct inspection of compliance with residents and non-residents of acts of currency legislation of the Russian Federation and acts of currency regulatory authorities,
2. To check the completeness and accuracy of accounting and reporting on foreign exchange operations of residents and non-residents.
3. Request and receive documents and information related to currency operations, discovery and accounting.
What has the right to demand a bank within currency control?
The authorized bank is entitled to require the submission of only those documents that directly relate to the currency transaction.
It can be:
Documents certifying the identity of an individual;
document on state registration of an individual 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 on real estate;
documents certifying non-residents for currency operations, opening accounts (deposits), issued and issued by the authorities of the country of residence (registration site) of a 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 accounting of the resident on opening an account (contribution) in the 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), which are the basis for conducting foreign exchange operations, including agreements (agreements, contracts) and additions and (or) changes to them, power of attorney, discharge from the Protocol of the General Assembly or another legal entity authority; documents containing information about the results of the auction (in case of their holding); documents confirming the fact of the transfer of goods (performance, service provision), information and results of intellectual activity, including exclusive rights to them, acts of state bodies;
Documents issued and issued by credit institutions, including bank control statements, bank statements; documents confirming the commissioning operations;
customs declarations, documents confirming the importation of goods to the Russian Federation and export from the Russian Federation, the currency of the Russian Federation, foreign currency and external and internal securities in the documentary form;
transaction passport;
documents confirming that individuals are spouses or close relatives, including documents issued by the authorities of records of civil status acts (certificate of marriage, birth certificate), which have entered into legal consideration of the court's decision to establish the fact of family or related relationships, adoption ( adoption), on the establishment of paternity, as well as records in passports on children, about the spouse and other documents stipulated by the legislation of the Russian Federation.
Residents and non-residents exercising in the Russian Federation currency transactions are required:
Submit the above documents and information to the agencies and agents of currency control;
lead in the prescribed manner accounting and amount to reporting on foreign currency transactions, ensuring the safety of relevant documents and materials for at least three years from the date of the relevant currency operation, but not earlier than the execution of the contract;
To fulfill the prescriptions of currency controls agencies to eliminate the violations of acts of currency legislation of the Russian Federation and acts of currency regulatory authorities.
Responsibility for violation of currency legislation is provided for by Article 15.25 of the Code of the Russian Federation on administrative offenses.
Maintenance regulationsregulating the fulfillment by authorized banks of currency control agents:
1. Instructions of the Bank of Russia No. 138-and "On the procedure for representing residents and non-residents to authorized banks of documents and information in the implementation of foreign exchange transactions, accounting by authorized banks of currency transactions and registration of transaction passports"
2. The position of the Bank of Russia "On the procedure for the transfer of information by authorized banks on violations by persons carrying out foreign exchange transactions, acts of currency legislation of the Russian Federation and acts of currency regulatory authorities" No. 308-P
3. The position of the Bank of Russia "On the procedure for transferring to the tax authorities to fulfill the functions of the agents of currency control of passports of transactions in electronic form" No. 402-P
4. The position of the Bank of Russia "On the procedure for the transfer by authorized banks and territorial bank of Russia to the customs authorities to fulfill the functions of the agents of currency control of information on passports of transactions under foreign trade agreements (contracts) in electronic form" No. 364-P
5. Indication of the Bank of Russia No. 1868-U "On the presentation by individuals - residents of authorized banks of documents related to conducting individual currency transactions"
6. Instructions of the Bank of Russia No. 111-and "On the mandatory sale of a part of the currency on the internal currency market Russian Federation"
7. Indication of the Bank of Russia No. 1425-y "on the procedure for the implementation of currency transactions between authorized banks"
8. Indication of the Bank of Russia No. 1412-y "On the establishment of the transfer amount by an individual - resident from the Russian Federation without opening bank accounts"
9. Decision of the Government of the Russian Federation No. 166 "On the procedure for submission by bodies and agents of currency control to the currency control authority authorized by the Government of the Russian Federation necessary to implement its functions of documents and information"
10. Decision of the Government of the Russian Federation No. 819 "On approval of the rules of submission by residents 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 "On Methodological Recommendations for the qualifications 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, represents a system of observation and verification of the compliance of the functioning of a managed object adopted, as well as identifying the results of managerial impacts on a managed object.Control is carried out in various fields of society. In this regard, the types of control are distinguished: economic, statistical, financial, environmental, technical, administrative, etc.
As a form of implementing the control function of finance, financial control is necessary in any society based on commodity relations. In market economies, the role of financial control is especially great, since the most important activities of business entities with the obligatory compliance with the established rules of law becomes an increase in its effectiveness. Financial control is essential value For at any level, ensuring reliable operation of the whole, the implementation of the state by the state contributes to ensuring financial security.
Legal and methodological support of financial control includes:
Financial and legal acts in which are entitled to: laws, regulatory regulatory legal acts of general and special competence bodies adopted by laws;
standards that are approved by the competent authority regulatory documents establishing a set of rules, rules with respect to the subject of standardization (for example, rules (standards) of audit activity);
Codes professional ethics;
Methodical documents that contain specific issues of the organization of financial control, explain how and techniques for the practical implementation of certain control procedures (for example, instructions on the procedure for conducting inspections or on working with documents, etc.).
The implementation of financial control implies the existence of the responsibility of business entities, state authorities and local self-government, as well as bodies carrying out financial control, and their officials. In violation of the established norms of law, the following types of responsibility arise: administrative, civil law, criminal, disciplinary. In addition, officials of state authorities and local governments are responsible provided for by legislation on state and municipal service.
Failure or improper performance by participants in the process of controlling their rights and obligations entails the use of certain coercive measures, the main of which are: Warning; imposition of a fine, accrual of penalties; prohibition or restriction of activity; prohibition on the implementation of certain operations (for example, blocking of expenses, suspending accounts on accounts in credit institutions); seizure material and (for example, budget funds); compensation; confiscation. The applied force measures expressed in monetary form are called financial sanctions under which financial measures understand the state and other bodies. The main purpose of the application of financial sanctions is to reduce violations by the subjects financial relations established rules of law and prevention of such violations.
Measures forced impact, or sanctions, are applied by state authorities and their officials in accordance with their powers in the presence of certain grounds. The basis for applying force measures is: the failure of the law (decision) on the budget; Incoming use of budget funds, untimely and incomplete listing of budget funds to their recipients; failure to provide accounting (financial), tax reporting; Evasion from paying taxes, etc. These violations are reflected in the final document (for example, an act of revision or verification), on the basis of which coercive measures are applied.
Currency control goals
Monetary regulation in a broad sense is the state regulation of the basic principles of organizing the national currency system and mechanisms for its operation. The essence of currency regulation is to create such a system of impact on the convertibility of the national currency, the exchange rate, the domestic currency market and, which would meet the strategic tasks of development and at the same time reflect the need for the current moment.This is essentially a set of such processes as:
The activities of the state bodies on currency treatment;
state control for foreign exchange operations;
impact on the national currency rate;
restriction of the use of foreign currency;
A combination of legislative, administrative, economic and organizational measures that determine the procedure for conducting operations with currency values.
The functions of the state in the field of currency regulation, as a rule, include:
Accumulating statistical data on exports from country and import to country;
- regulation of export from the country of strategic raw materials;
- regulation of the importation or export of national currency from the country, buy-selling securities;
- purchase of residents and non-residents of real estate in the country or abroad;
- definition of the course of the country in relation to other currencies;
- regulation of the procedure for conducting operations with currency by residents and non-residents (the implementation of payment, investments);
- Regulation of the procedure for repatriating profits received from export operations.
Currency regulation is formed and is largely determined by the State Currency Policy. Monetary policy is a set of government measures in the field of foreign economic relations aimed at achieving the strategic objectives and current goals of the country, maintaining internal and external balance. At the same time, the currency policy is always determined by the currency-economic situation within the country and its place in the system of world economy.
Currency regulation in a narrow sense is an element monetary policiesexposed different species restrictions on carrying out operations of residents and non-residents with foreign currency and other currency values \u200b\u200bby licensing, differentiation and control.
Currency regulation may be:
Direct and indirect. Direct currency regulation is a set of legislative and administrative actions of the authorities that determine the procedure for conducting operations with currency values. Indirect currency regulation is a set of impact on participants in foreign economic relations by creating economic interest in their implementation of certain currency transactions. The predominance of this or that method of currency regulation determines its nature;
Liberal or restrictive. Liberal currency regulation is directed to the current conjuncture of the foreign exchange market, it does not affect the structural foundations of the currency system and the exchange rate. Restrictive currency regulation is purposefully affected by the formation of the exchange rate and balance of payments. Its completed form are currency restrictions, i.e. Legislative or administrative prohibition, limitation and regulation of operations of residents and non-residents with currency and other currency values.
Forms of currency limitations are diverse: restriction or ban on capital exports, blocking non-resident accounts, multiplicity of exchange rates, etc.
Currency regulation is carried out by the state through the use of certain tools that are specific organizational and economic measures by which the state affects the ratio of supply and supply for foreign currency within the country and on the state of its balance of payments. The content of the tools and the mechanism of their use are formed under a certain impact of a real macroeconomic situation, the objectives of microeconomic policies and the legislation current in the country. Thus, the currency regulatory tools include the quotas used by the Government, established limits entered by penalties, currency interventions, etc.
Monetary regulation is carried out through the currency control mechanism. Currency control is a system of measures to ensure the execution of laws, norms and rules for conducting foreign exchange operations established by the state. Essentially, currency control ensures the effectiveness of currency regulation and therefore is its component.
For currency control of foreign economic activity, a special mechanism is created, which includes special tools for monitoring, 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 operations in the Russian Federation;
the powers and functions of organs and agents of currency regulation and currency control;
rights and obligations of legal entities and individuals regarding ownership, use and disposal of currency values;
Responsibility for violation of currency legislation. The law is the legal basis for the creation of the National Monetary System of the Russian Federation.
The main element of the national currency system is a national currency. The law gives a clear definition of the concept of "national russian currency».
So, the "currency of the Russian Federation" belongs:
In circulation, as well as seized or withdrawn from circulation, but to be exchanged rubles in the form of banking tickets (banknotes) Central Bank RF and coins;
- funds in rubles on accounts in banks and other credit institutions in the Russian Federation;
- funds in rubles in bank accounts and other credit institutions outside the Russian Federation (on the basis of intergovernmental agreements on the use of the currency of the Russian Federation in the territory of this state);
- Payment documents (checks, etc.), stock values \u200b\u200b(stocks,), other debentures, expressed in rubles.
Since foreign economic relations involve the exchange of national currency into foreign currency, the law is given a definition and foreign currency. "Foreign currency" are monetary signs in the form of banknotes, treasury tickets, coins in circulation and being a legitimate payment facility in the relevant state, as well as seized or deposited from circulation, but to be exchanged monetary signs, as well as funds in accounts in monetary units foreign countries.
"Currency Operations" are defined as operations that are associated with the transition of ownership and other rights to currency values, including the use of securities in foreign currency as a means of paying; import and shipment to the Russian Federation and from the Russian Federation of currency values, international money transfers, as well as operations in which non-residents of the Russian Federation are involved, i.e. Opening and maintaining ruble accounts of non-residents of the Russian Federation in authorized banks.
Since B. modern conditions International liquid assets are not limited to the accumulation of reserve currencies, and include: gold, silver and other values, easily turning into reserve currencies, the law introduces the concept of "currency values". These include: Cash Banknotes, Treasury Tickets, Exchange Coin Foreign States, including withdrawn from circulation, but to be exchanged; payment documents in foreign currency: checks, notes, letters of credit; stock securities in foreign and other debt obligations; precious metals (Gold, silver, platinum in ingots), precious stones, with the exception of 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 arise certain rights and obligations.
Residents include:
Individuals having a permanent place of residence in the Russian Federation, including those temporarily outside the Russian Federation (it is necessary to emphasize that the concept of "citizenship" to determine the status of an individual as a resident or non-resident relationship does not have a relationship.);
- legal entities created in accordance with the legislation of the Russian Federation, with the location in the Russian Federation;
- enterprises and organizations that are not legal entities created in accordance with the legislation of the Russian Federation, with the location in the Russian Federation;
- diplomatic and other official representative offices of the Russian Federation, located outside the Russian Federation;
- Beyond the limits of the Russian Federation, branches and representative offices of residents of the Russian Federation.
To non-residents of the Russian Federation:
Individuals who have a permanent place of residence outside the Russian Federation, including those temporarily in the Russian Federation;
- legal entities created in accordance with the legislation of foreign states, with the location of the Russian Federation;
- enterprises and organizations that are not legal entities created in accordance with the legislation of foreign states, with the location of the Russian Federation;
- Foreign diplomatic and other official representative offices in the Russian Federation, as well as international organizations and their branches and representative offices;
- in the Russian Federation branches and representative offices of non-residents of the Russian Federation.
The law defines the possibility and mode of convertibility of Russian rubles to foreign currency: the basis of the sale and sale of currency in the market, i.e. Its convertible, - property.
All foreign trade operations conducted in the Russian Federation are divided into current operations and operations related to capital movement.
Current operations include:
Transfers to the Russian Federation and from the Russian Federation to pay for goods, works, services without delaying payment and with a delay of up to 90 days;
- receiving and issuing financial loans for up to 180 days; S transfers of interest, devunic and other income related to investments;
- Translations of non-trades (, pensions, benefits, etc.).
Capital operations include:
Direct investments (contributions to the statutory funds of enterprises and organizations); - portfolio investment;
- receiving and issuing a delay of payment on export-import operations for more than 90 days;
- receiving and issuing financial loans for more than 180 days;
- Other operations that are not current.
Current currency operations are carried out without restrictions, the capital operations requires obtaining a license of the Central Bank of the Russian Federation.
The law defines the institutional basis of the National Monetary System of Russia, as well as the bodies of currency regulation and their powers. Direct fulfillment of powers is assigned to authorized banks that, according to the law, having received a license of the Central Bank of the Russian Federation to carry out foreign exchange operations, are aggatives of currency control. Currency control agents are monitored by residents and non-resident currency operations carried out in the Russian Federation, the compliance of these operations by currency legislation, licenses and permissions obtained from the Central Bank, as well as in compliance with the acts of currency control bodies. Currency control agents also conduct tests of foreign exchange operations of residents and non-residents in the Russian Federation.
Principles of currency control
The basic principles are independence and objectivity, competence and publicity. The independence of the control should be ensured by the financial independence of the controller, longer compared to the parliamentary terms of the authorities of state control bodies, as well as their constitutional character. Objectivity and competence imply strict compliance with the controllers of current legislation, a high professional level of work of controllers based on strictly installed standards conducting revision work. Publicity provides for the constant relationship of financial controllers with the public and the media.The principles weighing are significant:
1. Control performance;
2. The clarity and logicality of the requirements for controllers;
3. Extrafection of subjects of control;
4. The validity and evidence of the information provided in the acts of inspections and audit;
5. Preventiveness (prevention) of probable financial disorders;
6. Presumption of innocence (before the court) suspected of financial crimes of persons;
7. The consistency of the actions of various controlling bodies, etc.
Each institution and the type of control have their own regulations.
The generally accepted regulation of the integrated audit of the economic entity includes the following phased actions of the control bodies:
1. an inventory of the presence and safety of inventive material values, objects of unfinished production or construction, semi-finished products, office and other equipment, cash and settlements;
2. Visual verification of the correctness of paperwork, completeness and reliability of completion of details, compliance with the documents to verify the approved standards, identifying poor-quality documents, arithmetic calculation of the results, etc.;
3. Check the completeness and correctness of the reflection in the documents of financial and economic operations, and reflections accounting records in accounting registers, developing tables, order magazines, in the main book, etc.;
4. Check the correctness of the calculation of the calculated indicators ( wages, taxes, depreciation sums, reserves, interest for credit, etc.);
5. Inspection 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 relevant regulations defined by control departments or management of the firm (when conducting internal control).
Financial control is customary to classify according to the following criteria.:
1. Implementation regulations - mandatory, initiative;
2. The time is preliminary, current (operational), subsequent;
3. subjects of control - presidential: legislative authorities and local self-government; executive bodies; financial and credit bodies; intramed; departmental; audit;
4. Control objects - budget, for, tax, currency, credit, insurance, investment, customs, for cash.
Mandatory control financial activities Legal and individuals are carried out on the basis of the law. It refers to tax audits, control over target use budgetary resources, compulsory audit confirmation of these financial accounting reporting of organizations, etc. Initiative control does not follow from financial legislation, but is an integral part Financial management to achieve tactical and.
Currency control of import operations
Along with "no return" currency revenue According to export contracts, the outflow of foreign exchange resources is often in the form of advance payments under import contracts without the subsequent supply of goods and services.A certain deterrent has an introduced procedure, when the condition of payment in the implementation of international settlements on import contracts is a mandatory presentation by Russian enterprises in authorized Bank Commodesting instruments confirming the sending of goods to Russia.
The mechanism for monitoring the validity of payments in foreign currency for imported goods, as well as currency control over the flow of currency revenues from the export of goods, makes it an important link of currency control and strengthens the role of the Central Bank of the Russian Federation.
The currency control system for import operations establishes control over the validity of payments in foreign currency for imported goods and is introduced in order to ensure compliance of the amount of funds in foreign currency translated in payment for imported goods, the cost of goods actually imported into the Russian Federation.
The action of the currency control system applies to:
A) currency transactions for goods that are imported in the Russian Federation in accordance with the customs modes "Issue for free circulation" and "Remport";
b) transactions for which calculations are fully or partially provided in foreign currency.
The basic document of currency control is the passport of an import transaction (PSI), which is issued by the importer at the importing bank and contains the main conditions of the foreign trade contract.
With the provision of an importing PCA importer, the importer is responsible to the bodies and agents of currency control for the complete compliance of the information provided in the PSI, the terms of the contract, as well as for the goods in the Russian Federation in full and within a time not exceeding 180 days between the day of payment and date of customs clearance. If it is impossible to supply goods, the importer is obliged to return to the deadlines established by the contract for the current currency account of the importer of the prepayment amount, which was previously transferred to the foreign side. In case of non-fulfillment of the terms of the supply of goods or non-return currency, they are responsible in the form of a fine in the amount of the amount equivalent to the amount of foreign currency translated into the payment of goods. However, the penalty is not imposed in cases where force majeure is documented.
The importing bank after checking the compliance of the PTC data terms signs the Psi Copies. The first instance is returned to the importer, the second - serves as a basis for opening a dossier with an importing bank in which it is placed for storage along with other documents.
Basics of currency control
Currency control is one of the types of financial control, which is carried out during currency operations.The main directions of currency control are:
Determination of the compliance of the current legislation and the availability of licenses and permits necessary for them;
- checking the fulfillment by residents of obligations in foreign currency before 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;
- checking the completeness and objectivity of accounting and reporting on foreign exchange operations, as well as on non-resident operations in the currency of the Russian Federation.
Currency control is carried out by currency control and agents. To the number of currency controls, the Law of the Russian Federation "On Currency Regulation and Currency Control" refers the Central Bank of the Russian Federation, the powers of which in this field was said in the previous paragraph, as well as the Government of the Russian Federation in the person of such bodies as the Ministry of Finance of the Russian Federation, the Federal Service Russia on currency and export control (EK).
Special role In the implementation of currency control, the Federal Service of Russia on currency and export control is played, which controls compliance with residents and non-residents of the legislation of Russia and departmental regulations governing the implementation of foreign exchange transactions, and the fulfillment by residents of obligations to the state in foreign currency; carries out control over the completeness of the admission in the prescribed manner of funds in foreign currency on foreign economic operations; participates in monitoring compliance with the procedure for quoting and licensing exports of goods and services; Controls the efficiency of the use of loans in foreign currency provided by the Russian Federation on the basis of international treaties and agreements, carry out other functions related to currency and export control.
Customs Committee as a monetary control body in accordance with Art. 198 and 199 of the Customs Code of the Russian Federation, and other subordinate customs authorities as currency control agents carry out currency control over the displacement of persons through the customs border of the currency of the Russian Federation, securities in the currency of the Russian Federation, currency values, as well as foreign exchange transactions related to moving through Specified border of goods and vehicles.
In addition to these, currency control agents are organizations that, in accordance with the law, can carry out the functions of currency control, and are accountable to the relevant monetary control authorities. Currency control agents are currently attributed to authorized banks, other non-bank credit organizations that have licenses for currency transactions.
Within its competence, the bodies and agents of currency control are monitored by foreign exchange operations, for the compliance of these operations by legislation, license conditions and permits, etc.
Subjects carrying out currency transactions are required to submit to the bodies and agents of currency controls all the requested documents and information on the currency transactions carried out, to give the appropriate explanations, to fulfill other duties provided for by law.
In case of violation by enterprises, banking and other financial institutions of currency legislation and regulatory acts of the Central Bank of the Russian Federation, residents, including authorized banks, as well as non-residents are responsible in the form of recovery in the income of the state of everything received on invalid transactions or recovery in the income of the state unreasonably acquired , and as a result of illegal actions.
For violation of the rules of accounting and reporting on currency transactions, the failure of the currency monitoring and information authorities, residents and non-residents can be fined within the amount that was not taken into account, was taken into account in improperly or on which documentation and information were not presented in the prescribed manner.
With a re-violation of these rules, as well as for failure to comply, or inappropriate implementation of the prescriptions of the monetary control authorities at residents, including authorized banks, and non-residents with the Central Bank of the Russian Federation are charged into the state of the state of the amount received by invalid transactions, as well as fines within five times the size of these amounts ; Licenses of residents and non-residents are associated or responds.
The process of liberalization of foreign economic activity of Russian enterprises, which began and developed in the conditions of instability in the field of economics and policies, in combination with significant disadvantages in regulatory base He led to the intense "escape" of capital from the country. Significant amounts, the exact size of which is difficult to determine, turned out to be in accounts in foreign banks. Official sources call sums from 50 to 100 billion dollars. The origin of the main share of these funds is illegal in nature, and the revenues themselves are hidden from taxation and from the mandatory sale in the domestic currency market the revenue from foreign economic operations assigned to illegally.
The main reasons for the shelter by Russian entrepreneurs and citizens of currency funds abroad can be called the following:
Unstability of the general economic and political situation in the country, the fall of the ruble exchange rate, inflation, impairment of reserves and;
- imperfection and instability of the Russian;
- Disadvantages in state and legal regulation Currency operations and currency control in the country.
Currently, capital leakage takes sufficiently sophisticated forms, difficult to control.
The most common ways of capital outflow from the country are the following:
Enrollment by foreign payers of currency revenues due to Russian enterprises and citizens, to accounts in foreign banks (accounts of enterprises themselves or citizens, accounts of foreign individuals, accounts of foreign companies-partners or specially created for such purposes);
- import and export of goods (works, services) in additionally entered into the transaction foreign mediation firms (usually registered in low tax countries) with artificially understatement of export prices and overestimation of import price for the purpose of education in the accounts of these firms that are not reflected in accounting Russian enterprise (promotions, bonds, etc.);
- payment of Russian enterprises and citizens of the amounts in rubles in favor of foreign firms or citizens to obtain the equivalent in foreign currency abroad;
- translation into foreign banks of advance payments, followed by a refusal to import goods;
- Translation by Russian enterprises and foreign currency citizens abroad to pay alleged intangible services rendered;
- unlimited (translation) by citizens of foreign currency, both in cash and non-cash formas;
- concealment of the received income from the legal abroad in the absence of a system for monitoring the profitability of foreign investment and repatriation of income from them;
- refusal of Russian enterprises from receipt of export revenue with subsequent payment to foreign partners of import contracts of the Russian enterprise;
- non-equivalent commodity exchange in transactions declared barter, followed by obtaining difference in the cost of goods to the account abroad;
- satisfaction with the Russian side of fictitious claims of foreign firms and entrepreneurs with payments over the border 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 the free-convertible currency credited to accounts in foreign banks.
Another reason for serious violations is the dollarization of the Russian economy.
According to some information, one legal exchange point of currency accounts for two unregistered. To streamline the work of exchange points, a new sample of a single certificate of acquiring currency and export permission was developed, a special cash machine With a unstable memory, in which data will be automatically entered on the number of bills, par value, sales courses.
Control over the admission in the Russian Federation of export revenue of residents is entrusted mainly to the authorized russian banks and is carried out in accordance with the instruction of the Bank of Russia No. 19 "On the procedure for carrying out currency control over the Russian Federation of currency revenue from export goods".
In accordance with the named instructions, the exporter places a contract or its certified copy of the authorized bank, where its currency account is, to which revenue from the export of goods. Together with the bank, the exporter issues a transaction passport - a document containing a standardized information about the foreign economic transaction necessary for currency control. The transaction passport is signed by the exporter and the Bank, it seems to be customs authorities along with the rest of the documents for the export of goods. After signing the passport of the Transaction, the Bank assumes the functions of the currency control agent for the admission of currency revenues from the export of goods under this contract.
In order to strengthen foreign currency control over the receipt of currency revenues to the accounts of residents by decree of the President of the Russian Federation "On the priority measures to strengthen the currency control system in the Russian Federation" was established, in accordance with which calculations on foreign economic transactions of residents involving goods into the customs territory of the Russian Federation or export of goods from the named customs territory is carried out only through the accounts of residents that have entered into or on behalf of which transactions with non-residents. At the same time, calculations on foreign economic transactions are carried out only through authorized banks. Resident Importers who have entered into transactions from Russia foreign currency in order to purchase goods are required to import goods, the cost of which is equivalent to the amount of funds paid for them in foreign currency, or to ensure the return of these funds in the amount previously translated within 180 calendar days from Dates of payment of goods. In case of non-fulfillment or improper fulfillment of these prescriptions, resident importingers are responsible in the form of a fine in the amount of the amount equivalent to the amount of foreign currency previously translated into the payment of 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 of foreign countries to provide external currency loans of Russia, undermines the state of service for servicing more than 150 billion dollars of external debt, and does not allow the financial system of the state to accumulate sufficient investment resources to modernize the economy as a whole. Therefore, the creation effective mechanism Control over the repatriation of revenue from the export of services is crucial. It should be aimed at ensuring the earned currency funds cost more costly to invest in the development of the Russian economy. This task may be solved only by integrated measures of economic and political nature, serious changes are needed in legislation.
It seems that Russia's accession to the Strasbourg "Convention for Money Laundering, Identifying, Arrest and the confiscation of detected funds made by criminal methods will significantly improve the system of operational detection of criminal capital moving from Russia abroad, which in turn will increase the effectiveness of the investigation of criminal Groupings 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 states on the exchange of necessary information related to the implementation of the provisions of the Strasbourg Convention, as well as the conclusion of such agreements between the Ministry of Internal Affairs of Russia and the relevant law enforcement agencies of interested countries.
Credit system of the Russian Federation
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The currency control system in the Russian Federation is part of its state financial control and is built on the principle of a two-level model. The first level form the Government of the Russian Federation and the monetary regulatory authorities, the second - agents of currency control.
Currency control bodies are the Bank of Russia and the federal executive bodies authorized by the Government of the Russian Federation. In accordance with the Decree of the Government of the Russian Federation, this body of currency control is the Federal Service for Financial and Budget Supervision - Rosfinnadzor.
Currency control agents are assigned authorized banks, accountable bank of Russia, professional participants in the securities market, accountable to the federal executive authority on the securities market, customs authorities and tax authorities.
Control over the implementation of foreign exchange operations by credit institutions and currency exchanges implements the Bank of Russia.
The Government of the Russian Federation coordinates the activities in the field of currency control of federal executive bodies (which are monetary control authorities), their interaction with the Bank of Russia. It also provides interaction professional participants The securities market that are not authorized banks, customs and tax authorities.
The Bank of Russia provides interaction of authorized banks as currency control agents with customs and tax authorities: authorized banks as currency control agents transmit information to customs and tax authorities to fulfill the functions of currency control agents in the amount and in the manner prescribed by the Bank of Russia.
Such a distribution of functions between organs and currency control agents is established in the Law "On Currency Regulation and Currency Control". The same law identifies the rights and obligations of organs and agents of currency control and their officials.
The organs and agents of currency controls within their competence have the right to conduct inspections to comply with residents and non-residents of foreign exchange legislation standards - the provisions of the law and acts of currency regulatory authorities, check the completeness and accuracy of accounting and reporting on foreign exchange operations of residents and non-residents. They have the right to request and receive documents and information related to currency operations, opening and conducting accounts.
The law establishes a list of documents that, in order to implement currency control, can request from residents and non-residents of currency control agents. But from this list they have the right to demand only those documents that directly relate to the currency transaction. All documents must be valid at the time of submission, have certified translations into Russian if they are fully or partially executed in a foreign language.
Thus, the liberalization of currency legislation leading to an increase in the number of participants in currency relations and, accordingly, to an increase in currency operations, requires an increase in currency control efficiency as a state currency policy tool.
In the system of currency regulatory and currency controls, the Bank of Russia is held a special place.
In accordance with the Law "On Currency Regulation and Currency Control", the Bank of Russia is the main body of currency regulation and one of the main currency control bodies. By law, it is endowed with the right to create regulatory legal acts, mandatory for the execution by all participants in the foreign exchange market and foreign economic activity.
The development of the regulatory framework is the main method of currency regulation and currency control applied by the Bank of Russia.
Specific methods for monitoring the observance of residents and non-residents of the requirements of currency legislation are determined with such a calculation so that they provide a comprehensive regulatory impact in the implementation of the tasks of state monetary policy.
In relation to export-import operations, a system of customs banking controls is applied. It is based on comparison of the automatic data of the data of the customs authorities on the movement of goods through the customs border of the Russian Federation with information of authorized banks on the amounts of exporting exports from exports of goods or accountable from importers of importers of payment for imported goods. Information on shipments and payments is processed in the main scientific and information computing center of the Federal Customs Service. It is based on the facts of no return to the Russian Federation of export revenue and non-profit of goods on the account of extending payments on import contracts.
For the purposes of currency control in accordance with the law, the bodies and agents of currency control can use the transaction passport issued by exporters and importers in authorized banks (Article 20 of the Law). It must contain the information necessary for accounting and reporting on currency transactions between residents and non-residents. This information is recorded on the basis of confirming documents. The Bank of Russia can establish single rules for the design of the passport of the transaction passport in the implementation of currency transactions between residents and non-residents.
Currently, the reporting system of authorized banks on currency transactions is formed, which is the main basis for their monitoring. Monitoring currency operations as a currency control method is used to detect deviations in the direction of currency flows, which indicate the possibility of unreasonable capital outflow from the country and the evasion of participants in the domestic foreign exchange market and foreign economic activity from the fulfillment of the requirements of foreign exchange legislation.
Thus, the currency control system in the Russian Federation is built on the principles of subsequent control over the already perfect currency transactions and requires further improvement in the direction of development of the preliminary control mechanism.
Currency control bodies are designed to ensure the legality of the actions of organizations operating in foreign monetary units. Control are subject to residents and non-residents national Economy.
It is carried out in accordance with the Federal Law "On Currency Regulation and Currency Control".
Currency control and its purpose
Control in this area carry out organs and agents of currency control. The goal is to ensure the legality of the activities of the participants carrying out the currency within the country and abroad. The purpose of these actions is to ensure the country's economic security.
The significance of such control increases every year. This is due to the strengthening of the development of the global economy. The result of this development is the fact that isolated national economies now in the world practically does not exist. Each country's economy in any case is the subject of the global economy.
World trading binds all countries with a uniform thread of mutual influences and interdependencies. Operations carried out between countries ensure the constant exchange of goods and services, fully satisfying the needs of the population. The same operations are the basis of the global financial market that makes up the financial sector of the global economy. The interests of the national economy are infringed by the expansion of trans national companies that may be residents of several countries at once, but often reflect the interests of one country.
Permanent international payments merge into single streams that have a significant impact on the state of the regions, countries, states and individual manufacturers. Countries with open market economies are subject to strong risks, complimentary of the two branches of influence: foreign manufacturers seeking to enter the market of a given country, and a black market within the country.
From this it follows the purpose of the existence of currency control in the Russian Federation is minimizing risks and threats from other countries, trans national corporations and uncontrolled processes within the country.
Currency control organization: Forms, Functions, Responsibility
In the Russian Federation, the organization of currency control is carried out in three forms.
- Common or non-specialized. This is the activities of the Ministry of Finance in compulsory interaction with the authorities of the Ministry of Internal Affairs, FSB, the Prosecutor's Office and the Tax Inspectorate to ensure the compliance of documentation with existing standards and rules.
- Bank. It is manifested in the controlling actions of the Bank of Russia and all its divisions. The control is aimed at ensuring the legality of operations passing through credit organizations.
- Customs. It is carried out through the actions of the customs service in all its structural and territorial bodies that control the passage of values \u200b\u200band goods across the border.
Such a distribution of roles allows state structures Use the full authority to achieve the main goal of its activities - ensuring economic security.
Currency control performs the following functions:
- identifying the actions of the subjects of the economy that are not relevant to the legislation of the Russian Federation;
- checks for the presence or absence of documents allowing foreign exchange activities;
- identifying the degree of validity of payment transactions carried out in monetary units of other states;
- control of adequacy of the compilation of accounting and reporting documentation on calculating foreign currency.
All participants in economic processes bear equal legal responsibility. The legislation provides for the application of the following punishment:
- recovery of the entire profits obtained by both a physical and legal entity as a result of an illegal transaction or other illegal actions;
- with repeated illegal actions, in addition to penalties, a fine is also applied, which exceeds five times the magnitude of the perfect transaction;
- suspending a license or feedback.
Responsibility comes over the following actions, as well as the inaction of any subjects of the National Economy:
- violations of reporting discipline;
- lack of reaction to the request of documents;
- providing data that is not appropriate;
- untimely provision of reporting or requested documents;
- maintaining documents on the rules and forms that do not meet state requirements, standards and standards.
Bodies and agents of currency control: similarity and difference
Art. 22 of the Federal Law "On Currency Regulation and Currency Control" argues that currency control agents are:
- banks endowed with relevant rights;
- banks that do not have special powers that carry out activities on the turnover of securities;
- customs service and all its territorial units;
- tax inspectorate.
The same part of the Federal Law determines that the monetary control authorities are:
- Central Bank of the Russian Federation;
- all executive authorities who have appropriate authority.
Agents are endowed with the following rights:
- carrying out inspections of the activities of subjects of the economy;
- monitoring the activities of subjects on accounting and reporting;
- directions of requests for the provision of documents and information.
Currency control bodies and agents may request documentation from organizations or individuals in a fairly wide information range. Such documents provided may be referred to:
- identity cards;
- accounting information from the tax inspectorate;
- certificates confirming the rights to real estate;
- copies of contracts, agreements, contracts, projects, trading results and other documentation formed in the process of legitimate activities of the organization carrying out currency payments;
- documents on obtaining currency loans;
- information on the marital status, relatives and other people involved in the process of currency transactions.
Currency control authorities are endowed with the following powers:
- The formation of laws and other regulatory acts designed to regulate financial flows in the domestic market and between countries.
- Implementation of controlling activities to determine the compliance of the subject's currency transactions in the specifics of its license.
- Conducting inspections of any currency actions as citizens of the Russian Federation, so foreigners.
- Composing standards that define the form and content of reporting and accounting documents.
Bodies and agents of currency control in identifying illegal actions to conduct currency operations, transmit information about violations government agencieswho are authorized to apply sanctions.
Currency controls and currency control agents in the Russian Federation constitute a structure designed to monitor compliance with the legislation in the field of circulation and values. Read more about what these organs are, read in the article.
What applies to currency control agencies in the Russian Federation
In the law of 10.12.2003 No. 173-FZ "On currency regulation and control" currency Control Bodies in the Russian Federation Presented in the following structure:
Located at I Government and Central Bank of the Russian Federation are monetary control authorities in the Russian Federation And at the same time are monetary regulatory authorities - Publish legislative acts, mandatory for applying by all participants in currency legal relations in the Russian Federation.
What refers to currency control agents in the Russian Federation
According to FZ No. 173-FZ currency Control Agents are:
- authorized banks (authorized by the Central Bank);
- professional participants in the securities market (not credit organizations);
- state Corporation "Vnesheconombank".
IMPORTANT! Until 01.01.2017 K. currency Control Agents in the Russian Federation Customs authorities also related tax Service. However, with the entry into force of the provisions of the Law of 07/03/2016 No. 285-FZ from 01/01/2017 and FCS and FTS (as well as their structural divisions) are monetary control authorities.
What functions and powers from organic currency control agents in the Russian Federation in 2016-2017
Structural changes that have entered into force from 2017 did not touch the established functional and authority currency Control Organs and Agents. The government of the Russian Federation and the Central Bank operates currency regulation bodies in the Russian Federation - Determine the general "rules of the game" in the foreign exchange market, as well as measures to control compliance with these rules.
As noted above, the government and the Central Bank also carry out currency control functions. In this status:
- The Government of the Russian Federation, being at the level I of control, coordinates the work of subordinate structures from among the monetary control bodies of level II. At the same time, the Government regulates the interaction of these structures from the Central Bank of the Russian Federation.
- The Central Bank of the Russian Federation exercise compliance with the legislation in the field of currency transactions in the structures accountable to it - banks and equivalent organizations. At the same time, the Central Bank coordinates the interaction of its agents with the structures accountable to the government.
- Currency control agents and level II controls within their competence are carried out by a set of measures to control the currency transactions passing through them and transmit information to other subjects of currency regulation - both higher and working in parallel.
Can the Central Bank be considered the main body of currency control in the Russian Federation
As noted above, Currency regulatory authorities in the Russian Federation areand the Government of the Russian Federation, and the Central Bank of the Russian Federation. In art. 5 of Law No. 173-FZ Both are indicated as equivalent - the priority is not given to anyone.
If you consider the executable functionality and a set of powers, it is also difficult to determine if one of this pair "best".
Therefore, it can be concluded that the main bodies of currency control, in fact, two: the government and the Central Bank. Select some one to put it over another, difficult.
RESULTS
Currency regulation and control bodies in the Russian Federation consist:
- from the Russian government and the Central Bank of the Russian Federation combining the functions and control functions;
- bodies of industry and intersectoral executive (currency control), whose competences are certain aspects of currency legal relations;
- currency control agents - authorized banks and structures equal to them, as well as Vnesheconombank. Agents provide functions to control and collect and transfer information in the field of currency regulation.
The single main body of currency control and regulation is impossible. According to the authority and functionality, the Government of the Russian Federation and the Central Bank of the Russian Federation are in an equivalent position.
