Monetary regulation of foreign currency. Currency regulation and currency monitoring of the WED organization of settlements and currency regulation in foreign currency

Foreign Economic Activity: Training course Makhovikova Galina Afanasyevna

2.7. Currency Credit Regulation of Foreign Economic Activities

The increased role of the loan in the foreign economic activity in modern conditions is due to the following reasons:

The growth of the share of science and technical goods and services in world exports requiring large financial resources and relatively long time for the settlement;

The large selection of goods offered in the global market, giving benefits to customers: there is a certain competition for their receipt, including lending on line;

The increasing number of those potential buyers who do not have enough currency resources and with which trading ties can only be supported by loans.

Any exporter (seller) is trying to get as quickly as possible (after shipment of goods) a complete calculation in order to maintain its liquidity at a sufficiently high level. For the same reason, the importer (buyer) tries to purchase goods on credit (with payment after its implementation). Thus, the loan becomes an organic component of international economic relations.

In modern conditions, the scale of lending to the WED in Russia has increased significantly, and the forms of loans expanded quite expanded. A set of classification signs of types of loans is very wide, but not all of them are equally important from the point of view of funding in Russia. Of all the number of types of loans, state, banking, branded loans (classification on sources of credit funds) and short-term and medium-term loans (classification in terms of granting) are of particular importance. In the first group, mixed loans and loans of international organizations still allocate.

State, banking and branded loans are usually considered commodity loans, i.e., serve to ensure a trade transaction in order to purchase (sales) specific goods. Although these types of loans can be provided from both importers and exporters, mostly the latter prevail. This is largely due to the peculiarities of the export structure (for example, a high share in the export of long-term goods or investment goods requires additional sources of financing, because the implementation of these goods requires more time) and with an increasing share in the international trade of underdeveloped countries that do not have sufficient foreign exchange resources .

An important role in foreign economic settlements is played and the procedure for providing payments. There are full and average lending time. The full term covers the time from the beginning of the provision until the final repayment time of the loan and includes:

grace periodtime between the end of use and the beginning of the repayment of the loan;

term of use -the period during which the loan is paid by the goods (under bank lending), or time, including the delivery time of goods or acceptance (debt recognition) by the buyer of exporter bills (under branded lending);

maturity.

The average loan period has, first of all, the calculated value: it shows how time the importer used the entire amount of the loan.

Foreign trade loans almost never cover the entire cost of exported goods. The part of it is paid by the buyer in cash (when receiving shipment documents) and through advance payments. Advancecustomer payments (importer) are called prior to the transfer of goods at his disposal. They usually serve as a guarantee of fulfilling their obligations to the importer and are practically mandatory in trade in investment goods, as well as at the conclusion of medium and long-term transactions. In international trade, the following dependence is valid: the higher the share of advance and cash payments and the shorter delivery time, the "compliant" exporter with respect to the price of goods.

Commercial creditmay be provided in two directions: 1) exporter - importer - in the form of installments of payment for sold goods; 2) Importer - exporter - in the form of buying advances or advances in the form of a deposit. Strictly speaking, only those that are carried out at the expense of their own funds of the firm should be treated. But quite often, borrowed funds are also attracted along the line of commercial lending. Thereby errors the boundaries between the various forms of lending (in this case, between commercial and bank lending), especially when it comes to medium and long-term loans.

Under branded lending, various combinations of advance cash and credit payments are applied, depending on the nature of the transaction, the object of calculations, the solvency of buyers. For Russian importing firms, a very high share of advance payment (prepayment) has become a very high propriety of transaction.

Branded loans are made in the form of a debt, which has two forms: a bill loan and an open account loan.

Bill loanit is usually written out by exporter to the name of the importer.

Open Account Creditit is practiced between the partners well knowing each other, when the deliveries are carried out quite regularly, and the debt is repaid periodically.

Bank lending- The most common form of lending to foreign economic activity, although state and corporate lending to one way or another include banking criteria.

Three types of bank lending videa should be distinguished:

1) Buying credit obligations (bills, bank guarantees) from exporters. This type of loan is the form of refinancing branded loans, and the mechanism of its implementation implies factoring and forphionetting;

2) Extract by the importer (or its bank) debt obligations directly addressed to the creditor. Banks in this case provide loan directly to the importer;

3) Accept with banks of bills (Tratt) exhibited on them exporters or importers. Usually, banks are not provided with the credit banks in this case, but are attracted to the temporarily free funds of participants in national currency (or cash) markets.

Banking financing is largely based on the release and accounting of bills, as well as on various guarantees.

Factoringand fORFUTINGare relatively new, unconventional forms of loans of foreign trade. At the same time, they can be viewed as a means of transforming (or refinancing) from a trade (commercial) loan to banking. Factoring is usually applied in the export of goods of mass production and demand, with installments of payment from 1 to 6 months (short-term loan), and the fortification is considered the average (from 6 months) or long-term (up to 5 years) lending to export operations. This form of the loan is most often used in trading in investment goods, construction, installation and equipment of objects abroad. Factoring implies multiple export operations, and the fortification is a one-time operation (though, for a large amount).

Factoring in Russia is applied in the following two forms: 1) Debt redemption by the bank on an acceptanced (payer) to a solvent document when the supplier received a notice of the absence of funds; 2) debt redemption at the stage of presenting payment documents for collection to the supplier bank. In the latter case, the supplier as a recipient of funds in advance indicates the payment documents of the bank details providing factoring services.

For factoring, the exporter is fully exempt from the processing of foreign trade documentation, currency problems, obtaining export revenues (debt collection). All this assumes the bank, as well as all types of risks associated with this foreign trade operation.

The state reserves the function of control, regulation and supervision of the most important currency transactions of participants in foreign economic activity. Significant attention is paid to the improvement of currency control, the main purpose of which is to ensure compliance with currency legislation in the implementation of all types of currency transactions.

Important importance from the point of view of currency regulation is the order of currency transactions in the internal circulation and in international calculations. In the Russian Federation, this procedure is determined by the provisions adopted by the Central Bank of Russia as the main body of currency regulation. Direct banks with currency are carried out by authorized banks, i.e. banks and other credit institutions that have a license of the Central Bank of Russia.

To determine the legal mode of activities of subjects of currency regulation, operations with foreign currency and securities are carried out on current currency transactions and operations related to the movement of capital, and the implementation of the latter requires a special permission of the Central Bank.

The current foreign exchange operations include mainly transfers to the Russian Federation and from the Russian Federation foreign currency for settlements without delaying the export and import of goods, works, services, as well as for the implementation of settlements related to lending to export-import operations for a period of no more than 180 days; obtaining and providing financial loans for a period of no more than 180 days; Transfers in the Russian Federation and from the Russian Federation percent, dividends and other income and other operations related to the movement of capital; Non-trade translations in the Russian Federation and from the Russian Federation.

Currency transactions related to the movement of capital include direct and portfolio investments, the provision and receipt of the delay of payment for more than 180 days on exports and imports of goods, services and works; Providing and obtaining financial loans for more than 180 days, other currency transactions that are not current currency transactions.

Subjects of currency relations are residents and non-residents. Residents include legal entities, other enterprises and organizations created in accordance with Russian legislation located in Russia and their branches and representative offices abroad; Individuals permanently residing in Russia.

Currency operations of residents of the Russian Federation include current currency transactions, which are carried out by residents without restrictions, and currency transactions related to the movement of capital, which are carried out by residents in the manner established by the Bank of Russia.

Both residents and non-residents carry out export and import operations in the foreign exchange market. Moreover, if the source of demand for foreignut is export, the source of its receipt is import.

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Currency regulation is one of the forms of state impact on participants in foreign economic activity in order to protect the public interests of the state.

This impact is carried out to protect the national currency, restrictions on capital exportation from the country, to ensure the return of currency revenues received from exports to Russia.

The solution of these tasks is ensured by currency legislation regulating both the general issues of currency relations and private, for example, providing for the control mechanism for foreign exchange operations.

The fundamental legislation in the field of currency regulation is the law of the Russian Federation "On Currency Regulation and Currency Control" dated October 9, 1992. This law discloses the basic concepts of currency relations, such as the "RF currency", "Foreign currency", "Residents", " Non-residents "etc., as well as the spheres and procedures for currency regulation, and the currency control bodies are determined, responsibility for violating currency legislation.

All subjects leading foreign economic activity are, in terms of currency legislation, residents

From paragraph "A" Art. 1 of the currency regulation law follows that such residents are:

1) individuals who have permanent residence in Russia, including those temporarily in its limits;
2) legal entities created in accordance with Russian legislation, the main place of activity of which - the Russian Federation, as well as their branches and representative offices outside Russia;
3) Enterprises and organizations that are not legal entities established in accordance with Russian legislation, the main activity of which - the Russian Federation, as well as their branches and representative offices outside Russia.

Residents in conducting foreign economic activity carry out various currency transactions. Under currency transactions, as follows from paragraph 7 of Art. 1 of the law are understood:

(a) Operations related to the transition of property rights and other rights to currency values, including operations related to the use of foreign currency payments and payment documents in foreign currency;
b) import and shipment in the Russian Federation, as well as export and shipment from the Russian Federation currency values;
c) Implementation of international money transfers. Currency transactions can be current and associated with capital movement.

Currency transactions related to capital movement are:

a) direct investment, that is, investments in the authorized capital of the enterprise in order to extract the income and obtaining rights to participate in the management of the enterprise;
b) portfolio investment, i.e. acquisition of securities;
c) transfers to pay for ownership to buildings, structures and other property, including land and its subsoil, attributable under the legislation of its location to immovable property, as well as other real estate rights;
d) providing and obtaining a delay of payment for more than 180 days on export and import of goods, works and services;
e) providing and obtaining financial loans for more than 180 days;
(e) All other currency transactions that are not current currency transactions.

The current currency transactions include, in particular, translations to Russia and from Russia foreign currency for settlements without delaying the payment on export and import of goods, works and services, as well as for the implementation of settlements related to lending to export-import operations for a period of no more 180 days (p. 9 "a" of the law).

Under foreign currency is the monetary signs of the form of banknotes, treasury tickets, coins, which are a legitimate payment facility in the relevant foreign state or group of states, as well as removed or deposited from circulation, but to exchange monetary signs (p. 3 "A" of the Law).

Foreign currency operations are regulated by law. The peculiarities of the legal mode of operations of residents T foreign currency are:

1. Importation, translation and transfer of currency values \u200b\u200b(which includes foreign currency) in Russia can be carried out without restrictions.
2. The entire foreign currency received by residents is subject to compulsory enrollment on their accounts in authorized banks under which the Banks and other credit institutions that have licenses of the Central Bank of Russia for currency transactions are referred to in accordance with paragraph 11 of the Currency Regulation Act.
3. Prohibition of the sale of goods to citizens for foreign cash currency. However, exemptions exist from this rule. Which are that a number of enterprises are granted the right to trade for cash currency. This, in particular, relates to duty-free shops working in accordance with the obtained permits and on the conditions established by special regulatory acts (a letter of the Central Bank of the Russian Federation of December 27, 1993 No. 67).
4. Mandatory sale of a part of the currency revenue. The main legal act that has established such an order is the Decree of the President of the Russian Federation of June 14, 1992 No. 629 "On a partial change in the order of the obligatory sale of a part of the currency revenue and charging export duties". The decree set the responsibility of the subjects leading foreign economic activity, sales through authorized banks on the market roll of 50% of the currency revenue from the export of goods (works, services).

Currency regulation also concerns operations with national currency. The legislation found that the export and shipment from Russia, as well as the importation of the national currency in its limits, is carried out in accordance with the procedure established by the Central Bank of the Russian Federation together with the Ministry of Finance and the State Customs Committee. Failure to comply with this order entails the invalidity of transactions against the Russian currency (PP 3 and 4 Article 2 of the currency regulation law).

In order to comply with currency legislation, a system of currency control bodies has been created. This system is divided into currency control and agents. In accordance with paragraph 2 of Art. The 11 currency regulation law on currency control bodies include the Central Bank of the Russian Federation and the Russian government, and currency control agents, as indicated in paragraph 3 of the same article, are organizations that the currency control functions may be imposed.

In particular, authorized banks are acting as agents, which are accountable to the Central Bank of the Russian Federation (clause 4 of Article 11 of the Law).

For the implementation of the functions of the Government of Russia for currency control, a special body created is the Federal Service for Monetary and Export Control.

The Federal Service for Monetary and Export Control within its competence monitors compliance with the legislation of the Russian Federation and departmental regulations governing the implementation of foreign exchange operations. Controls the fulfillment by residents of obligations to the state in foreign currency is monitored by the receipt of funds in foreign currency on foreign economic transactions in authorized banks, and also performs a number of different functions in the field of monitoring the implementation of currency, export-import and other foreign economic operations.

In accordance with the proposal of the Federal Service for Russia for currency and export control purposes in places of unified national policies in the field of monitoring and supervision of the legislation of the Russian Federation in the field of currency, export, import and other foreign economic operations, the Government of the Russian Federation adopted a decree on the formation of territorial bodies for currency control.

The control functions, as already mentioned, carry out authorized banks, as well as customs authorities.

In order to protect government interests in strengthening the economy, a number of legislative and regulatory acts were adopted, aimed at ensuring the repatriation of currency revenue received from exports.

Exporters are also responsible for violation of currency legislation. So, for violation of the provisions of the mentioned instructions from exporters, fines are accumulated in indisputable procedure. The responsibility of exporters is also provided in the Customs Code.

For concealment of currency revenue, exporters in accordance with the Decree of the President of the Russian Federation dated June 14, 1992 No. 629 are responsible in the amount of all hidden revenue in foreign currency or its ruble equivalent. No petitions for exemption from paying fines for violation of the procedure for enrolling the currency revenues to accounts in authorized banks are not considered.

Concept of currency regulation of foreign economic activity

Definition 1.

Foreign economic activity is activities to import and export goods, products and services. In foreign economic activity, the counterparties of the domestic supplier or the buyer are foreign business entities. Calculations for foreign economic transactions are carried out in foreign currency and such operations are required to be regulated at the legislative level.

Currency regulation in the Russian Federation has such basic objectives as:

ensuring the sustainability of the Russian national currency (ruble);
restriction of the movement and conversion of foreign currency.

Currency regulation increases the liquidity of the domestic currency in the territory of the Russian Federation. Regulatory and legal acts in terms of currency regulation there are many, but their main ones are the federal law "On currency regulation and currency control" No. 173-FZ from 10. 12. 2003. This document discloses the basic concepts, provisions and rules of currency circulation in the territory Russian Federation.

Classification of currency transactions

The main types of currency transactions have been identified.

Exchange operations. This type of operations includes all operations under which currency exchange at the specified course was carried out.
Deposit and Credit Currency Operations. This type of operations is grouped from all operations to attract currency funds to deposits and placement of currency funds (providing loans).
Estimated currency operations. This type of operations combines all operations on settlements between business entities with currency funds.

All three groups of currency transactions are governed by individual regulatory terms. However, such operations are usually closely related.

For example, calculations with foreign buyers lead to foreign currency funds to the accounting account of the domestic seller. This operation belongs to the third group of currency transactions. However, for their use of economic purposes, the currency received should be converted into national currency. So the currency exchange occurs, and such an operation is already referred to the first group of currency transactions. Also, there may be credit relations between foreign counterparties, which applies to the second group of currency transactions.

The role of the Central Bank of the Russian Federation in foreign exchange regulation

The central bank of the Russian Federation is assigned a significant role in currency regulation.

First of all, the Central Bank of the Russian Federation heads the country's entire banking system. That is, all commercial Russian and foreign banks are subject to this organization, as well as various credit organizations.

It is on the basis of a license issued by the Central Bank of the Russian Federation, these organizations receive the right to commit currency transactions.

Also, the Central Bank of the Russian Federation daily establishes courses of foreign currencies in relation to the domestic currency (ruble).

In addition, the Central Bank of the Russian Federation is actively involved in the development of the currency regulatory legislative framework.

Note 1.

Functioning as a body of currency regulation and control, the Central Bank of the Russian Federation issues normatively legal acts, which are presented in the form of instructions, provisions and instructions.

One of the main goals of the economic policy of Russia is to create a competitive economy, which dictates the need to transition from an investment to an innovative stage of development. In turn, the creation of a new competitive product involves the adoption of a complex of measures in terms of liberalization of foreign economic activity, incl. in the field.
Currency regulation It is a complex of legislative, administrative, economic and organizational measures aimed at:
- the creation and ensuring the functioning of currency regulatory and currency control bodies;
- establishing and implementing a certain procedure for conducting operations with currency values \u200b\u200bin the domestic currency market;
- establishment of the procedure for moving currency values \u200b\u200boutside the state or its territory from abroad and the implementation of foreign investment;
- ensuring and protecting property rights to currency values;
- Regulation of international settlements;
- maintain a stable course of national currency and national balance of payments;
- ensuring the desired (integration or isolationist) regime of the country's interaction with the global currency market.
Liberalization of currency regulation implies first of all a decrease or mitigation currency restrictionsacting in the state. In turn, the degree of rigidity and the latitude of the dissemination of currency control on currency operations depends on the availability and qualitative composition of these currency restrictions.
Currency control It can be considered not only as a mechanism for control by the state for observing residents and non-residents of acts of currency legislation of the Russian Federation and acts of currency regulatory authorities; Not only as an administrative measure applied by the state to protect financial independence, ensuring the stability of the monetary system, strengthening the course of the national currency and mobilizing foreign exchange resources, but also as a form of non-tariff regulation of foreign trade, the analogue of which can serve as the quota of exports.
In this recent quality, currency control is an important stimulator or a deestimulator of foreign economic (including foreign trade) activities.
The integration vector of Russian policies in the CIS and EurAsEC fully meets the strategic goal of modernization and diversification of the domestic economy, transferring it to the innovative path of development. The benefits of integration will be all tangible as the structural restructuring and technical re-equipment of the industry of Russia, stimulating production cooperation and intra-separable trade. And the modernization processes will receive an additional impetus due to the free movement of goods, services, capital and labor in the CIS and EurAsEC region.
Attempts to form a single economic space, a single payment system and the Customs Union in the 90s of the last century, were immature and hasty. The process of real formation of the common capital market in the post-Soviet space can be counted from the Treaty on the Customs Union and the Unified Economic Space (1999).
In the development of this contract, the decision of the EurAsEC Intergossovation of June 22, 2005 N 220 adopted the concept of cooperation between the member states of the Eurasian Economic Community in the currency sphere, proclaiming the objectives of the agreed currency policy:
- achieving the complete convertibility of national currencies on the current and capital operations of the balance of payments;
- coordination of mechanisms for the formation of mutual courses of national currencies;
- the creation of an integrated EurAsEC foreign exchange market;
- the formation of a payment and settlement system using national currencies;
- transition to international financial statements;
- providing legal entities to residents of the parties of national regimes in the financial services markets of the parties.
Almost immediately, on January 25, 2006, the EurAsEC Member States concluded an agreement on cooperation in the organization of the integrated currency market of the Member States of the Eurasian Economic Community, which guarantees the provision of national regime to residents of the parties to the Agreement.
At the XIX meeting of the Council of Heads of Central (National) Banks of the Member States of EurAsEC in November 2008, the National Bank of the Republic of Kazakhstan presented the results of the analysis of the harmonization of the principles and mechanisms of monetary and monetary policies by the participating States.
At the meeting, it was noted that the main content of methods and approaches to the central (national) banks of the countries of the Community of Monetary and Currency Policy is largely identical. However, the greatest degree of harmonization is observed in methods and approaches to the implementation of monetary policies and currency regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation.
It was recommended to continue work on the further harmonization of the principles and mechanisms of the policies in the specified areas.
The new monetary integration of the EurAsEC state was published, concluded on December 11, 2009 in St. Petersburg, an agreement on the fundamental principles of the currency policy of the member states of the Eurasian Economic Community on regulation and control of operations related to the movement of capital.
The agreement determines the fundamental principles of currency policies conducted by the parties to regulate and control operations related to the movement of capital aimed at gradual cancellation of restrictions on currency transactions, as well as a list of foreign exchange operations between the residents of the EurAsEC member states, for which currency restrictions are not applied.
On December 9, 2010, the Member States of the EurAsEC concluded an agreement on the agreed principles of currency policy in the States parties to the United Economic Space. It defines the principles of foreign currency policy and aimed at the development of cooperation in the currency and financial sector. The document provides for the conduct of foreign exchange policies, incl. Based on the phased harmonization and rapprochement of approaches to the formation and conduct of currency policies, the creation of the necessary organizational and legal conditions at the national and interstate levels for the development of integration processes in this field, increasing confidence in national currencies of the Parties, as in the domestic foreign exchange market of each participating state, So in international foreign exchange markets.
The agreement also envisages that, in order to conduct an agreed currency policy, the Parties take measures to coordinate the national currency exchange rate policy, ensuring the convertibility of national currencies on the current and capital accounts of the balance of payments without restrictions, the creation of conditions and ensuring direct mutual quotations of national currencies of the parties, ensuring mutual The calculations between the participants of the foreign economic activity of the Agreement of the Agreement in their national currencies, the formation of the three countries of the general integrated foreign exchange market (May 16, 2011. The Government of the Federation. The Agreement was submitted to the President of Ros. Federation for the application for the purposes of ratification to the State Duma. Federation ).

In the development of these agreements, the decision of the MPA EurAsEC dated 06.04.2010 N 11-17 approved recommendations for the harmonization of the legislation of EurAsEC member states in the field of currency regulation and control.
Stressing the continuity in the previously adopted legal acts of the EurAsEC in the field of monetary policy and currency regulation and intending to comply with the sequence in achieving the goal of unifying the currency policy and harmonization of the currency legislation of the EurAsEC members, compilers of recommendations propose to be guided by the following areas of harmonization (unification) and improving the legislation of EurAsEC member states in The sphere of currency regulation and currency control:
1. A clearer differentiation of legal regulation objects in national currency regulation and control laws.
2. Continuing to work on liberalization and harmonization (rapprochement) of national legislation on currency regulation and currency control, as well as on the implementation of the principles and norms of generally accepted international legal acts, taking into account the provisions of the concept of cooperation of the member states of the Eurasian Economic Community in the currency sphere.
3. Acceleration of domestic procedures for ratifying the Agreement on the fundamental principles of the currency policy of the Member States of the Eurasian Economic Community on the Regulation and Control of Operations related to the movement of capital adopted on December 11, 2009 in St. Petersburg.
Member States of the EurAsEC in the implementation of measures to harmonize (unification) of national legislative acts on currency regulation and currency controls, it is recommended to be guided by the following approaches:
- providing all subjects of equal terms and rights to carry out permitted foreign legislation of foreign exchange operations;
- reduction of norms requiring the adoption of sub-law acts in the field of currency regulation and control, in particular concerning the repatriation of foreign and national currency, import / export of cash currency;
- a gradual refusal to the permissive system of conducting currency transactions;
- Development of unified reporting forms on foreign exchange operations, as well as based on the experience of the Republic of Belarus, consideration of the possibility of replacing the procedure for issuing a passport of the transaction procedure for the bank's registration on a declarative principle.
Currently, the Permanent Commission of the MPA EurAsEC on customs regulation and border policy is preparing a new edition of the standard draft legislative act on currency regulation and currency control.
The relevant and appropriate commission is also to develop a scientifically based strategy for the development of EurAsEC currency policy in the conditions of the introduction of regional currency.
The core of integration processes within the EurAsEC in the financial and customs spheres is.
Creating the Customs Union gives rise to the need for harmonization by countries - participants of the Union of all foreign economic and incl. Currency legislation, as well as in synchronizing the pace of liberalization of foreign exchange policies.
To questions in need of speedy agreement and legal design, the following can be attributed:
1. Liberalization of currency regulation of foreign trade activities towards reducing the number and unification of the regimes of persisting currency restrictions, including:
a) in terms of determining the procedure for moving by individuals in cash and securities through the customs border of the Customs Union;
b) in terms of repatriation of currency revenue within the customs union and in trading operations of residents of the countries participating in the Customs Union with third countries.
2. Unification of customs banking monetary control procedures and standardization of the documentary framework of currency control.
3. Creating a system of information interaction of customs authorities of the countries participating in each other, with national and authorized banks of countries, with other bodies of state authorities of the States Participants of the Customs Union.
In trilateral consultations, there are many issues related to the collision of legal acts adopted within the framework of the Customs Union with domestic legal acts. Consider successively the above directions for the harmonization of currency legislation.
Determination of the procedure for moving cash currency and securities across the customs border of the Customs Union. By decision N 51 of the EurAsEC Interstate Council of July 5, 2010, an agreement was approved on the procedure for moving by individuals in cash and (or) monetary tools across the customs border of the Customs Union. The individual provisions of this agreement are contrary to Art. 15 of the Federal Law of December 10, 2003 N 173-FZ "On Currency Regulation and Currency Control". The contract does not contain quantitative restrictions on the export of cash currency by individuals, whereas in the para. 4 p. 3 Art. 15 of the Federal Law contains a ban on the export by individuals by individuals in cash foreign currency and (or) the currency of the Russian Federation in the amount exceeding the equivalent of 10,000 US dollars. In addition, the Treaty uses concepts that are not known to Russian currency legislation - "Cash tools". In his decision, the Intergossov Soviet Evrazwe obliges the parties to bring his internal legislation into compliance with the contract.
For h. 1 Art. 15.25 Administrative Code of the Russian Federation to administrative responsibility were attracted incl. Individuals that exported funds from the Russian Federation in the equivalent of over 10 thousand US dollars without confirming that they were previously imported or translated into Russia. This position is confirmed by judicial practice, in particular by the Resolution of the Supreme Court of the Russian Federation of 11.06.2010 N 71-ad10-4. However, with the beginning of the contract, legal conflict arises, since the International Act permits to import and export currency without restrictions. The only indispensable condition is the written declaration of the amount of more than 10 thousand dollars. Based on the above and taking into account the letter of the FCS of Russia of 23.11.2010 No. 01-11 / 56802, part 1 of Art. 15.25 Administrative Code of the Russian Federation is currently not applied in a part that provides for the liability for the export of an individual from the territory of the Russian Federation currency in the amount of more than 10 thousand dollars. After ratifying the contract, it will be necessary to make appropriate changes in the internal monetary legislation of the country.

Repatriation of currency revenue inside the customs union and in trading operations of residents of the countries participating in the Customs Union with third countries. The question of repatriation of currency revenues within the Customs Union has to be resolved. The dispute of the presence of this currency restriction is manifested not only in the fact that it is usually applied in a bundle with another currency restriction - already canceled from January 1, 2007. Mandatory sale of part of the currency revenue. Internal technical and legal difficulties should be noted, manifested in the qualifications of this offense and attracting administrative responsibility under Part 4 and 5 of Art. 15.25 COAP of the Russian Federation or criminal liability under Art. 193 of the Criminal Code.
Thus, among the problems of applying the rules on liability for violation of the requirements for the repatriation of currency revenue as the main note, the problem of determining the guilt of the person in attracting administrative responsibility is noted. In accordance with Art. 1.5 of the Administrative Code of the Russian Federation The person is subject to administrative responsibility only for those administrative offenses in respect of which its wine is proved. According to Part 2 of Art. 2.1 of the Administrative Code of the Russian Federation The legal entity is guilty of committing an administrative offense if it has been established that he had the opportunity to comply with the rules and norms, for whose violation of the COAMA of the Russian Federation is responsible, but this person did not adopt all the measures dependent on their observance. Thus, an official who considers the case should be an assessment of measures adopted by the person to enroll the proceeds from the export of goods, works, services, the results of intellectual activity or the return of funds listed by non-residents for not imported to the Customs Territory of the Russian Federation goods, unfulfilled work , unwordified services, non-defined information and results of intellectual activity.
With the subsequent appealing of decisions on attracting administrative responsibility, an ambiguous judiciary is developing relative to the assessment of sufficiency of such measures. In some cases, the courts believe that sufficient measures are simply a formal direction of the counterparty requirement of payment or return payment (Resolution of the FAS of the North-Western District of 09.06.2009 in case No. A05-13952 / 2008), in other cases, even an appeal to legal aid in other cases The purpose of recovering debt in the country of finding a counterparty is not sufficient measure (Resolution of the Far Eastern District of 24.06.2009 No. F03-2683 / 2009 in case No. A04-271 / 2009). Or the participant of foreign trade activities is charged to the obligation to provide in the foreign trade contract the conditions eliminating the risk of non-resident obligations assumed or providing for the procedure for recovery of payment amounts in court (Resolution of the FAS of the North Caucasus District of March 17, 2008 N F08-933 / 08-351A Case N A32-23273 / 2007-63 / 618-111Ag).

The clarity and legal position of the Presidium of the Supreme Arbitration Court of the Russian Federation, in accordance with which the receipt of the monetary revenue with the excess of the term provided for by the contract due to late payment by the non-resident in the absence of the unlawful behavior of the resident preventing the receipt of currency revenues to their bank accounts in the authorized banks, And in the case of a reside-dependent measures depending on it, it does not form the branch of the offense established by Part 4 of Art. 15.25 Administrative Code (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 28.04.2009 No. 15714/08). The question of cases when the currency revenue has not yet arrived.

Unification of procedures for customs banking monetary monitoring and standardization of the documentary framework for currency control. Article 183 of the Customs Code of the Customs Union established that during customs declaration it is necessary to submit a document confirming compliance with the requirements in the field of currency control, the transaction passport. This should occur in accordance with the currency legislation of the member states of the Customs Union. On the territory of the Russian Federation, the VED participants in the requirement of customs authorities on the presentation of the transaction passport should be guided by the Federal Law of 10.12.2003 N 173-FZ "On Currency Regulation and Currency Control".
In the recommendations on the harmonization of the legislation of the EurAsEC member states in the field of currency regulation and control, it is stated that the analysis of the development of currency regulation and currency control in the countries of the community indicates the transfer of their vector towards the liberalization of currency legislation. At the same time, in some countries, liberalization goes on a wide range of currency transactions, in others, with the preservation of some restrictions. Thus, the requirement of the mandatory sale of currency revenues is maintained in the Republic of Belarus and is canceled in other countries of the community.
At the same time, in the Republic of Belarus, in contrast to other countries of the Customs Union, by Decree No. 104 of February 19, 2009, the procedure for conducting and controlling foreign trade operations was simplified. An existing fairly formalized mechanism for registration of the passport of the transaction is replaced by the procedure for registering a transaction in a bank on a declarative principle. Registration is carried out on the day of the document's presentation by which the foreign trade agreement is issued.
Residents carrying out foreign trade operations are granted the right to not register transactions in advance in full (in export) or the preliminary receipt of goods in full (during import); And also to hold settlements on foreign trade agreements with the permission of the National Bank, providing for the import of goods without their receipt to the customs territory of the republic.

The existing in Russia is quite complicated, the cumbersome system of documentary support for a foreign trade transaction, which is permitted, is a serious bureaucratic barrier on the way of intensifying foreign trade activities. About 80% of violations of currency legislation on the five compositions of Art. 15.25 The COAP accounts for paragraph 6 of this article, which provides for the responsibility for non-compliance with the established procedures or the deadlines for the submission of forms of accounting and reporting on currency transactions, violation of the established uniform rules for registration of transactions or violation of the established deadlines for storing accounting and reporting documents or transaction passports.
According to the instructions of the Bank of Russia N 117-and and the provision of the Bank of Russia N 258-P, Russian participants of foreign trade activities should submit such documents to the bank passport bank as:
- transaction passport;
- certificate of currency transactions (or settlement document);
- certificate of currency receipt of the Russian Federation;
- justifying documents (i.e., specified in paragraph 4 of Art. 23 of the Federal Law on Currency Regulation and Currency Control);
- certificates of calculations through accounts abroad;
- certificate of confirmation documents;
- supporting documents.
Taking into account the fact that all documents suggest various deadlines for their submission, as well as taking into account the low explanatory potential and the level of legal equipment of the above-mentioned regulatory acts of the Bank of Russia, it can be concluded that the documentary database of customs and banking monetary controls in its current form does not contribute to the stimulation of foreign trade activities residents with the outside world, incl. As part of the Customs Union.
Therefore, the measures taken by the Central Bank in the direction of simplifying the procedure for issuing a foreign trade transaction are particularly valuable.
According to the instructions of the Central Bank of Russia dated December 29, 2010 N 2557-U "On Amendments to the Bank of Russia's instruction on June 15, 2004 N 117-and", from February 26, 2011, in particular, it is not required to execute PS on a foreign trade transaction between The non-resident and resident in case the total amount of the contract does not exceed 50 thousand dollars in equivalent (until the entry into force of the instructions for any type of contract between the non-resident and the resident did not need to execute the PS, if the amount of the contract at the date of its conclusion did not exceed 5 thousand dollars) .
In addition, from the date of entry into force of the indication of N 2557-resident, the resident is entitled to close the PS previously executed on the foreign trade agreement (contract), the total amount of which on the date of entry into force of the instructions does not exceed 50 thousand dollars in equivalent or in the event of a change in the amount of the contract At the date of concluding recent changes (additions) to it, providing such changes.
Customs currency control, in contrast to bank currency control, is not so documented. It is governed by instructions on the actions of officials of customs authorities, carrying out for the purpose of currency control, checking the documents submitted for the customs clearance of goods and information declared in the customs declaration (approved by the Order of the FCS of Russia of November 17, 2009 N 2075).
Documents and information used by customs authorities for currency control purposes are the basis for the allocation of three relative to independent procedures within currency control:
1. Conducting an official verification of compliance with the information declared in the customs declaration, the information contained in the documents submitted for the customs clearance of goods.
2. Conducting an official of verification of compliance with the rules of application at the customs declaration of information necessary for the purposes of currency control.
3. Conduct an officer of checking compliance with the rules of the transaction passport.
In fact, we are talking about the fact that, within the framework of customs currency control, the official of the customs authority is analyzed for the subject of the correctness of the design and correlation with each other, three documents: a transaction passport, a customs declaration and a foreign trade contract.
At the same time, the Federal Law "On Customs Regulation in the Russian Federation" endowed the FCS of Russia the right to publish regulatory legal acts in the field of customs, which reduce the list of documents and information provided in the declaration of goods. The service has already prepared a draft regulatory act, according to which it is not necessary to submit a transaction passport when submitting a declaration on goods to which export customs duties are not applied, with their placement under customs procedures for export and temporary export. At the same time, the requirement to specify the PS number in the declaration on goods in the prescribed manner, subject to the presence of an electronic copy of the PS in the Currency Control Regional Database.

Thus, within the framework of the Customs Union, it looks like unification and simplification of customs-banking monetary control procedures, which will certainly have a positive effect on the development of foreign trade relations inside the Union.
Creating a system of information interaction of customs authorities of the countries of the Customs Union among themselves, with national and authorized banks of countries, other bodies of state power. One of the key prerequisites for creating an effective customs currency control system is to ensure the information interaction of customs bodies among themselves, with other subjects of currency control of three countries and the supranational authorities in this area.
Legal support of information interaction in the field of currency control is the most important component of currency control, because Along with other factors makes it possible to increase its effectiveness, incl. Due to:
1) elimination of duplication of organs of organs, currency control agents;
2) increase the level of decision-making levels;
3) ensuring greater effectiveness of conducting currency control events.
Of great importance for the organization of internal and external currency controls in the Customs Union will have, firstly, the creation of the institutional framework for currency control in the form of coordinating supranational bodies of currency regulation and currency control and, secondly, the organization of interaction between national and supranational authorities in the specified sector .
The issues of interaction of subjects of currency control should be considered in the context of more general issues of the organization of a unified information and legal framework of the countries of the Customs Union, as well as the creation of general mechanisms for the interaction of the customs authorities of these countries among themselves.
On November 27, 2009, a draft concept of creating an integrated information system for the external and mutual trade of the Customs Union was approved by the decision of the EurAsEC intergovernmental. As a goal of creating a system, it is called to ensure effective regulation of external and mutual trade in the customs territory of the Customs Union, the implementation of customs, tax, transport and other types of state control using information telecommunication technologies when moving goods and vehicles through the customs border.
This purpose is supposed to be achieved, among other things, the following tasks:
- the creation and conduct of a unified system of regulatory information for the external and mutual trade of the Customs Union;
- formation of an integrated information structure of interstate exchange of data and electronic documents at the customs territory of the Customs Union;
- the creation of integrating elements and replenished centralized information resources common to Member States;
- organization of information interaction of bodies of the States Parties to ensure the completeness of collecting customs payments, taxes and fees;
- organization of information interaction of bodies carrying out state control (phytosanitary, veterinary, sanitary-quarantine, transport, export and others) at the customs territory of the Customs Union;
- ensuring information interaction on the basis of interstate and interdepartmental agreements;
- ensuring access to the regulatory legal acts of the Member States of the Customs Union in the field of external and mutual trade.
As already noted, the organization of information interaction of countries - members of the Customs Union in the field of currency control has the basis for the creation of a system and technology of interaction between the customs authorities of the three countries.
On May 21, 2010, the decision of the Intergovernmental Council of the EurAsEC N 41 adopted an agreement on the requirements for the exchange of information between the customs authorities and other state bodies of the Member States of the Customs Union, and on September 21, 2010 an agreement was signed on the use of information technologies when exchanging electronic documents in external and mutual trade in the unified customs territory of the Customs Union.
The first document aims to create a regulatory framework for organizing the exchange of information between the customs authorities of the Member States of the Customs Union, as well as between the customs authorities of one state member of the Customs Union and other state bodies of another state of the Customs Union.
The second regulates relations arising in the process of drawing up, sending, transferring, receiving, storing and using electronic documents by state bodies of states of the Parties, individuals or legal entities when applying information technologies for exchanging electronic documents in foreign and mutual trade in the Unified Customs territory of the Customs Union.
Given that the architecture of the information interaction of customs authorities with other entities, even inside the domestic currency control system, only recently began to acquire visible features, it can be assumed with such difficulties so closely, but still so different legal and information systems of three states to be faced.
Today in Russia in the field of currency control regulatoryly settled information interaction:
- Between the monetary control authorities (on the information interaction between the Central Bank of the Russian Federation and the Federal Financial and Budget Supervision Service for Monetary Control: Agreement of August 15, 2007);
- Currency control agents with the Central Bank of the Russian Federation as an organ of currency control (rules for ensuring the interaction of non-authorized banks of the securities market, customs and tax authorities as currency control agents with the Central Bank of the Russian Federation: approved. Decree of the Government of the Russian Federation of September 11, 2006 N 560);
- other subjects of monetary control with Rosfinnadzor as a body of currency control (rules for submission by bodies and agents of currency control to the Currency control authority authorized by the Government of the Russian Federation (Federal Financial and Budget Support Service) necessary for the implementation of its functions of documents and information: appliance. Decree of the Government of the Russian Federation from 24.02.2009 N 166);
- Currency control agents with residents (non-residents) carrying out currency operations (rules of submission by residents and non-residents of confirming documents and information in the implementation of currency operations of currency control agents, with the exception of authorized banks: approved. Decree of the Government. Federation of February 17, 2007 No. 98) .

From February 16, 2011, the Federal Law of 15.11.2010 N 294-FZ operates "On Amendments to Selected Legislative Acts of the Russian Federation in terms of regulating the exchange of documents and information between currency control authorities and currency control agents." Now the main issues of information interaction between the subjects of currency control are not only more clearly regulated, but also "raised" with a sub-compere level on the level of the main law regulating currency legal relations.
The exchange of information on the new rules is carried out in electronic form. With the entry into force of changes to the law N 173-ФЗ, Russian participants becomes more clear how the bodies and agents of currency control mutually inform each other, as well as in what cases and what information can be considered a commercial, banking, tax or service secret.
In December 2009, on an informal summit in Almaty, the Presidents of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation approved the action plan for 2010-2011 to form a single economic space (EEA) of three countries, which suggests the current coast of integration of three countries after the creation of the Customs Union . The plan provides for the development and signing by January 1, 2012, twenty international treaties ensuring the creation of the EEA.
In order to timely fulfill this plan approved a calendar plan for the formation of the draft EEA for 2010 - 2011, providing for the development, adoption and enactment of the first package of 14 agreements until July 1, 2011 and the second package of 6 Documents on the EEA - to 1 January 2012
Packages are divided in directions:
1. Economic policy.
2. Freedom of capital movement, currency policy.
3. Energy, transport, connection.
4. Freedom of movement of labor.
5. Technical regulation.
Within the framework of the second direction in the first package before January 1, 2011, it was necessary to be signed and until July 1, 2011, an agreement on the basics of investment activity and the agreement on the creation of conditions in financial markets to ensure free movement of capital were introduced. In the second package until July 1, 2011, it should be signed and until January 1, 2012, an agreement on the agreed principles of currency policy was introduced.
Thus, by detailing the legal, institutional and information and technical aspects of the interaction of the States Parties to the Customs Union, prerequisites are created to create an effective system of customs currency control in the Customs Union.

Of particular importance for the national economy of Russia has currency control in the foreign trade activities of the country. Therefore, we consider in more detail the organization of currency control in the trading and non-trade turnover of the country.

Currency control over admission to the Russian Federation Revenue from the export of goods

Currency proceeds to the Russian Federation of currency revenue from the export of goods are conducted from January 1, 1994 with respect to the goods of strategic appointment, from March 1, 1994 - with respect to all goods exported from the territory of the Russian Federation in export mode. Currency monitoring is valid on the basis of the automated TBVK technology for admission to the Russian Federation by the foreign currency revenue from the export of goods in the Russian Federation. The purpose of the introduction of TBVK for exports is to ensure the full and timely receipt of export currency revenues to Russia. The main idea of \u200b\u200bthe TBVK system was to combine the controlling actions of two currency control agents: the customs authority (customs) and the authorized bank. Thanks to this system, the customs authority can monitor the export delivery period and the textured value of the exported goods, and the authorized bank - the actual date, the amount of export currency revenue and the fact of its mandatory sale in the domestic foreign exchange market.

Currently, the foreign exchange control covers about 80% of export operations in the total export volume of goods. One of the indicators testifying to the effectiveness of the TBVK system was to reduce the percentage of non-export currency revenue to Russia. According to banknotes, this figure amounted to: in 1995 - 9%, 1996 - 7, 1 ^ 997 - 6, 1998 - 5, 1999 - about 3, 2000 - less than 3% (before the introduction of currency control over export operations Non-inclusion of the currency reached up to 70% of the total export volume). In world practice, the non-inclusion of currency revenues from the export of goods at 12% is considered normal.

However, a number of operations related to the export of goods were not covered by the TBVK system. These include: transactions with calculations in rubles;

premises of exported goods under other (except exports) customs regimes; Transactions held in accordance with contracts other than purchase and sale.

The next stage in the development of TBVK for exports was the introduction of the joint Joint Instructions of the Bank of Russia and the SCC of the Russian Federation from January 13, 1999. "On the procedure for the implementation of currency control over the proceeds to the Russian Federation of revenues from the export of goods" (hereinafter - Instructions 86-and), distributed the TBVK system to ruble calculations on the export of goods. The expediency of its introduction was due not only to the problems associated with the customs control of exported goods, but also changes in currency and banking legislation. In particular, the changes made to the RF Law "On Currency Regulation and Currency Control" provided:

Mandatory sale for rubles of 75% of the currency revenues of residents from the export of goods (works, services, results of intellectual activity) in the domestic currency market of the Russian Federation through authorized banks, as well as the reduction of the timing of current currency transactions from 180 to 90 days;

Relevant settlements in Russia's currency currency transactions.

In addition, new provisions on the work of the Central Bank of Russia, defined by the Federal Law of July 12 ,.90, were put into effect.

"On the Central Bank of the Russian Federation (Bank of Russia)", with subsequent additions made in 1995-1999. In 1995-1999 Changes were made to the Customs Code of the Russian Federation.

The instruction 86-and determined the procedure for monitoring the completeness and timeliness of revenue receipt (ruble and / or currency) from the export of goods to the accounts opened in authorized banks exporting goods.

The new currency control over the exports provided for a number of key stages.

1. Conclusion of the contract between the resident and the non-resident of the export of goods and their payment in foreign currency and / or Russian rubles (hereinafter referred to as the contract).

2. Registration by the exporter and serving its commercial bank transaction passport (PS) in two copies containing the information necessary for currency control: details of the exporter and its foreign counterparty, details of serving their banks, the number, date and amount of the contract, price and form calculations, special terms of the contract. From the moment of signing the PS, the Bank conducts settlement service contract and performs the functions of the currency control agent for the revenue under the contract.

3. Customs control for exported goods. In the customs authority, carrying out customs control over the exported goods, the exporter represents a truck customs declaration (GTD) and a photocopy from his second instance of PS stored.

4. Bank control over revenue. The Bank for 5 calendar days following the signing of the PS formulates an electronic copy of the PS and on its basis - the statement of bank control (hereinafter referred to as a statement) using the software package developed by the SCC of Russia. The statement is a document of currency control and contains information on the operations under the contract related to the receipt of funds in favor of the exporter or translating in some cases by exporter of non-resident cash in foreign and / or Russian currency.

With the receipt of funds (in foreign and / or Russian currency), at the expense of the exporter from a non-resident Bank, no later than the next working day should inform the exporter about the fact of admission. The exporter during the receipt of funds under the contract no later than 7 calendar days following the date of crediting funds on its ruble and / or transit currency account, submits to the Bank for Details of PS, Contract, etc. In addition, the Bank must fulfill the requirements of currency legislation On the mandatory sale of a part of the currency revenue from exports.