29.10.2019

Instructions of the Central Bank of Currency and Currency Control. On the procedure for representing residents and non-residents authorized banks of documents and information in the implementation of foreign exchange operations. Currency control during import


Instructions of the Bank of Russia dated June 4, 2012 N 138-and "On the procedure for representing residents and non-resident authorized banks of documents and information related to conducting currency transactions, order of registration of passports of transactions, as well as the procedure for accounting by authorized banks of foreign exchange transactions and control over their conduct "(with changes and additions) (lost strength)

  • Section I. Presentation of residents and non-residents authorized banks of documents and information related to currency transactions. Storage by an authorized bank data on currency and other operations conducted by residents and non-residents
    • Chapter 1. General
    • Chapter 2. The procedure for submitting residents to authorized banks of documents and information in the implementation of foreign exchange operations in foreign currency
    • Chapter 4. Storage by an authorized bank data on currency and other operations conducted by residents and non-residents
  • Section II. The order of registration, closure, renewal of the passport of the transaction, submission by residents to authorized banks of supporting documents, formation and conduct of statements bank control, translating the passport of the transaction to another authorized bank and the features of accounting for currency transactions for letters of credit
    • Chapter 5. General
    • Chapter 6. The procedure for issuing a passport transaction
    • Chapter 7. Procedure for closing the transaction passport
    • Chapter 8. Procedure for making changes to the passport of the transaction (renewal of the transaction passport)
    • Chapter 9. The procedure for submitting residents to authorized banks of supporting documents related to the implementation of foreign exchange operations under contracts (contracts) to which the requirement for registration of the transaction passport
    • Chapter 10. The procedure for the formation and maintenance of bank control
    • Chapter 11. Registration of the passport of the transaction and features of submission by residents of documents and information in the implementation of currency transactions through the residents of the resident in the non-resident bank (lost strength)
    • Chapter 12. Features of the design (closure) of the passport of the transaction and submission of documents and information in the implementation of foreign exchange operations for individual contracts (loan agreements)
    • Chapter 13. Features of the design of the passport of the transaction in the case of a license to carry out banking operations from an authorized bank
    • Chapter 14. Translation of the Transaction Passport Due to the Translation of the Contract (Credit Treaty) for servicing in another authorized bank
    • Chapter 15. Features of the transfer of transaction passports in the event of the reorganization of the PS Bank or the closure of the branch of the Commissioner, which is the Bank of the PS
    • Chapter 16. Particularities of accounting by an authorized bank of currency transactions for letters of credit in the implementation of settlements under the contract, which is issued a transaction passport
  • Section III. Exchange of documents and information between residents (non-residents) and authorized banks. The exercise by authorized control banks when submitting residents (non-residents) of documents and information. Currency control dossier
    • Chapter 17. The procedure for the exchange of documents and information between residents (non-residents) and authorized banks
    • Chapter 18. Implementation by authorized control banks in the presentation of documents and information
    • Chapter 19. Dossier of currency control and order of its maintenance
  • Section IV. Transitional and final provisions
    • Chapter 20. Transitional Provisions
    • Chapter 21. Final Provisions
    Appendix 1. Help on currency operations Annex 2. A list of currency and other operations of residents and non-residents Appendix 3. List of data on currency transactions to be stored by authorized banks Annex 4. Passport transaction application 5. Help on confirming documents
  • Appendix 6. Certificate of Bank Control Contract
  • Appendix 7. Certificate of Bank Control on the Loan Treaty
    • Section I. Information from the Transaction Passport section II. Payment information Section III. Information on the fulfillment of obligations on the principal debt on other grounds other than the settlement in cash section IV. Calculation of debt on principal
    Appendix 8. Formats of electronic documents under the Contract Appendix 9. Formats of electronic documents on a loan agreement

Instructions of the Bank of Russia dated June 4, 2012 N 138-and
"On the procedure for representing residents and non-residents authorized banks of documents and information related to currency transactions, the procedure for issuing transaction passports, as well as the procedure for accounting by the authorized banks of foreign exchange transactions and controls for their conduct"

With changes and additions from:

Based on the Federal Law of December 10, 2003, N 173-FZ "On Currency Regulation and Currency Control" (Meeting of Legislation Russian Federation, 2003, N 50, Art. 4859; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2006, N 31, Art. 3430; 2007, N 1, Art. thirty; N 22, Art. 2563; N 29, Art. 3480; N 45, Art. 5419; 2008, N 30, Art. 3606; 2010, N 47, Art. 6028; 2011, N 7, Art. 905; N 27, Art. 3873; N 29, Art. 4291; N 30, Art. 4584; N 50, Art. 7348, Art. 7351) (hereinafter referred to as the Federal Law "On Currency Regulation and Currency Control"), the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Meeting of the legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art. 3629; N 48, Art. 5731; 2010 , N 45, Art. 5756; 2011, N 7, Art. 907; N 27, Art. 3873; N 43, Art. 5973), Federal Law "On Banks and banking activities"(as amended by the Federal Law of February 3, 1996 N 17-FZ) (Vedomosti Congress of People's Deputies of the RSFSR and the Supreme Council of the RSFSR, 1990, N 27, Art. 357; Meeting of the legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N 33, Art. 3424; 2002, N 12, Art. 1093; 2003, n 27, Art. 2700; N 50, Art. 4855; N 52, Art. 5033, Art. 5037; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 1, Art. 18, Art . 45; N 30, Art. 3117; 2006, N 6, Art. 636; N 19, Art. 2061; N 31, Art. 3439; N 52, Art. 5497; 2007, N 1, Art. 9; n 22, Art. 2563; N 31, Art. 4011; N 41, Art. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; N 15, Art. 1447; 2009, N 1, Art. 23; N 9, Art. 1043; N 18, Art. 2153; N 23, Art. 2776; N 30, Art. 3739; N 48, Art. 5731; N 52, Art. 6428 ; 2010, N 8, Art. 775; N 19, Art. 2291; N 27, Art. 3432; N 30, Art. 4012; N 31, Art. 4193; N 47, Art. 6028; 2011, N 7, Art. 905; N 27, Art. 3873, Art. 3880; N 29, Art. 4291; N 48, Art. 6730; N 49, Art. 7069; N 50, Art. 7351) and in accordance with the decision of the Board of Directors of the Bank of Russia (Minutes of the Board of Directors of the Bank of Russia dated May 31, 2012 N 10) The Bank of Russia establishes the following procedure for submitting residents and non-residents to authorized banks and information related to currency operations, order Registration of transaction passports, as well as accounting procedures by authorized banks of foreign exchange transactions and monitoring them.

Registration N 25103.

The procedure for presenting by residents and non-residents to authorized banks of documents and information related to currency transactions is established. The rules for registration of transaction passports are enshrined, as well as accounting by authorized banks of currency transactions and control over their conduct.

In terms of documents and information related to currency operations, the instruction concerns non-residents and residents that are legal entities (except for credit institutions and Vnesheconombank), individuals - IP and those who are engaged in private practice. Exception - individuals-non-residents.

Actual questions on the execution of the requirements of the Bank of Russia's instruction dated August 16, 2017 No. 181-and "On the procedure for representing residents and non-residents authorized banks of supporting documents and information in the implementation of foreign exchange transactions, uniform forms accounting and reporting on currency transactions, the procedure and timing of their submission "(hereinafter referred to as Instruction No. 181 - and):

In accordance with the requirements of Instructions No. 181, and when performing the operation (in the currency of the Russian Federation or in foreign currency) under the contract, the amount of which in the equivalent of more than 200 thousand rubles, but less "threshold" amount for a contract for registration, resident must provide In the authorized bank, documents related to the operation. At the same time, a settlement document on the operation, completed in accordance with paragraph 2.13 of Instructions No. 181, and containing information on the code of the operation, is provided for the payment in the currency of the Russian Federation. To carry out an operation in foreign currency, we recommend that you further provide the completed form "Information about the currency transaction". This form is posted on the Bank's website and in remote service systems.

No actions for contracts for which the PS were previously decorated are not required from residents. All such contracts / loan agreements from 01.03.2018 are considered to be registered with the authorized bank. The PS number becomes the unique number of the contract / credit agreement (UK).

Instruction No. 181 - does not provide for residents to the Bank of Documents for Currencies of the Russian Federation under contracts that do not require registration. Exception: In the event of the disagreement of the resident with the code of the type of operation specified in estimated documentOr in the absence of a code in the calculated document, the resident is entitled to submit to the Bank information on the relevant code of the type of operation with the application of documents to justify it.

According to paragraph 2) of Part 1.1 of Article 19 Federal Law 173-ФЗ In the implementation of foreign trade activities, residents are required to submit information to an authorized bank not only about the deadline for the advance payment in accordance with the terms of the contract in the event of non-fulfillment of obligations, but also on the timing of the main obligations of non-resident under the contract for the previously paid advances. In paragraph 1.1. Annex 3 to Instructions No. 181-and specifies the procedure for determining (calculating) of each of these deadlines.

According to clause 8.7 of the instructions 181, when changing the information contained in the CC commission, a certificate of confirmation documents (SPD), incl. Information about the expected period, a resident for a period no later than 15 working days after the date of registration of documents confirming such changes should submit a new SPD to the UK BANK containing adjusted information with the application of documents confirming such changes.

To transfer to the bank to maintain a contract (loan agreement), previously registered in another authorized bank, the resident must provide information on the unique number of the contract / loan agreement (INK), as well as a contract (credit agreement) or an extract from such a contract (credit Agreement) containing the information necessary to fill in the I section of the Vedosity of Bank Control under the Contract / Credit Treaty.

To send a "new" request with a request to the Bank of Russia, the availability of information on the date and foundation of the removal from the account of the contract / loan agreement in the "former" bank is required.

In the event of a change in information about the residency, which put the contract (credit agreement), the resident should submit to the bank a statement of amending the IS statement section I, issued in accordance with the requirements of paragraph 7.2 of Instructions No. 181, indicating those details that require changes in bank control statements.
The application recommended by the bank is posted on the Bank's website and implemented in remote service systems.
The statement is represented by the resident no later than thirty working days after the date of appropriate changes to the Unified State Register of Legal Entities, either in the Unified State Register of Individual Entrepreneurs, or to the Register of Notaries and Persons who passed the qualification exam, or in the register of lawyers of the constituent entity of the Russian Federation.

The Bank has developed and proposes to use the following documents for the purposes of currency control, as part of the requirements of the instructions No. 181-and: - a statement on the formulation of a contract for accounting; - a statement on the formulation of a loan agreement on accounting; - a statement of amendments to Section I of the Vedomosti of Banking Control; - an application for the withdrawal of the contract (loan agreement) from accounting; - Information about the currency transaction. Forms of documents, as well as the order of their completion are posted on the website www .. In the "Small Business" and "Large Business" sections, this information is also present.
For customers ex-VTB24 - on site www.vtb24.ru -\u003e business -\u003e Estimated service -\u003e WED and currency control -\u003e Currency control.
The same resources contain a form of certificate of confirmation documents (established by Annex 6 to Instructions No. 181 and) and its completion.
Also updated forms of documents for currency control purposes are implemented in remote service systems (they may differ from the forms posted on the site).

According to Chapter 4 of Instructions No. 181 and the Contract (Credit Agreement), concluded between the resident and non-residents, is registered in the following cases: export (imported) contract providing for export (importation) from the Russian Federation (in the Russian Federation) of goods, accomplishment of resident (non-resident ) works, providing a resident (non-resident) services, transfer of information (non-resident) of information and results of intellectual activity, providing a resident (non-resident) services related to the sale of fuel and material and engineering reserves to ensure operation vehicle, transfer of the resident (non-resident) movable or real Estate For rent, financial lease - if the amount of obligations is equal to or exceeds in the equivalent at the rate of the Bank of Russia at the date of concluding a contract, or at the date of conclusion recent changes (Additions) providing for a change in the amount of the contract, according to the export contract - 6 million Russian rubles or an import contract - 3 million Russian rubles.

Credit Agreement (loan agreement) - if the sum of the (obtained) resident borrowed money Equal or exceeds in equivalent of 3 million Russian rubles at the rate of the Bank of Russia at the date of concluding a loan agreement, or at the date of concluding the latest changes (additions), providing for changes in the amount of the loan agreement.

Resident, which is a contract on a contract (credit agreement), must comply with its registration on the following dates (paragraph 5.7 of Instructions No. 181 and):
1) when writing money (hereinafter - DS) in favor of a non-resident - no later than the date of submission of an order to write off funds.
2) When enrolling the DS from non-resident - no later than 15 working days after the date of crediting the resident.
3) When making calculations with a non-resident through a resident account, open in a non-resident bank - no later than 30 working days after the end of the month, in which the specified operation was carried out.
4) in the fulfillment of obligations under the contract by importing in the Russian Federation (export from the Russian Federation) of goods and with the requirement of customs declaration of goods - no later than the date of delivery of DT, a document used as DT, statements on the conditional release (applications for the issue of the component of the exported goods ).
5) in the fulfillment of obligations under the contract by entering into the Russian Federation (export from the Russian Federation) of goods and in the absence of a customs declaration requirement - no later than 15 working days after the end of the month, in which confirmation documents were issued (hereinafter referred to as PD).
6) in the fulfillment of the obligations under the contract by performing work, providing services, the transfer of information and the results of intellectual activity, including exceptional rights to them, no later than 15 working days after the end of the month, in which PDs were decorated.
7) in the fulfillment of obligations under the contract (loan agreement) in a manner different from those indicated in paragraphs 1 - 6 - no later than 15 business days after the end of the month, in which PD were decorated. 8) In the event that the contract (loan agreement) does not define the amount of obligations:
Not later than the term for the submission of documents related to conducting operations, no later than the date of submission of documents for the customs clearance of goods or the term for submission of a certificate of PD in case of other fulfillment of obligations under the contract (loan agreement) when carrying out that operation, customs clearance of the goods In other fulfillment of obligations, as a result of which the amount of settlements under the contract (loan agreement), the cost of the contract for the contract, the amount of obligations under the contract (credit agreement) will be equal to or exceed the threshold value for the contract (credit agreement) for accounting.

From 01.03.2018 the number of the previously decorated contract (Credit agreement) of the Transaction Passport (PS) becomes a unique number of the contract / credit agreement (INK).

The certificate of confirming documents (hereinafter referred to as SPD) continues to be used in the conditions of the action of Instructions No. 181, and is a single form of accounting and reporting on currency operations of residents (p. 1.3 ch. 1). Cases, order and deadlines for the provision of SPD are regulated by ch. 8 Instructions No. 181-and. The form and procedure for filling in SPD are set by Annex 6 to Instructions No. 181-and.

Please note that Article 15.25 of the Code administrative offenses The responsibility for violating the provision of SPD is established.

From 01.03.2018, the requirement to represent residents to the authorized bank certificate was canceled on foreign exchange transactions.

In accordance with the instruction No. 181, the resident must or have the right to provide documents related to the operation.

If there is a requirement for the provision of information about the operation (UK, the code of the type of operation, the expected time), this information may be provided in both an arbitrary format and in the form of "information about the currency transaction" recommended by the Bank (for the operational control on the Bank's side).

№14 Is it enough for the execution of payment in foreign currency to send to the bank only an application for translation indicating the basis of payment and details of the contract with a non-resident, the amount of which is less or equal to the equivalent of 200,000 rubles?

No, such a statement for the translation is not enough.

According to clause 2.7 of Instructions No. 181, and when writing off a foreign currency from a current account in foreign currency, the resident in the situation under consideration should provide information on the code of the type of operation to the Operational name of the operation from Appendix 1 to the instruction No. 181 and.

The resident can be used to provide VTB (PJSC) form "Information about currency transaction" or provide information in an arbitrary form on paper or by the DBC system. In any case, the currency transaction information or other client's message should contain an indication that the amount of the contract with a non-resident does not exceed 200,000 rubles in equivalent, and therefore, the documents related to the operations carried out are not provided.

№15 It is possible to consider the presence in the foreign trade agreement sufficient to fulfill the requirements of Federal Law No. 173-ФЗ on the inclusion of information on the terms of the fulfillment of obligations to the Parties (come into force from 05/14/2018), or the execution time must be installed separately?

In our opinion, the existence of the contract is not enough.

According to Part 1.1 of Article 19 of the Federal Law No. 173-ФЗ, in order to fulfill the requirements for the repatriation of foreign currency and the currency of the Russian Federation in the agreements concluded between residents and non-residents in order to implement foreign trade activities, the deadlines for execution by the Parties to the obligations under contracts should be indicated. The term of the contract may also include, for example, a warranty period, a period for presenting possible claims after the fulfillment of obligations or other additional deadlines that are not related to the period of repatriation of funds in foreign trade contracts.

Dear Clients,

On the official site Central Bank Of the Russian Federation 20.09.2018 Published an indication of the Bank of Russia dated 05.07.2018 No. 4855-u on amending the Bank of Russia's instruction dated August 16, 2017 No. 181-and "On the procedure for representing residents and non-residents authorized banks of confirmation documents and information in the implementation of currency transactions, On uniform forms of accounting and reporting on currency transactions, the procedure and timing of their submission. "

In accordance with paragraph 2 of the instructions, it comes into force on the expiration of 60 days after the day of its official publication, that is, from November 20, 2018.

With full text, instructions can be found on the official website of the Bank of Russia on the Internet (www.cbr.ru) and in the information law system "Consultant".

Central Bank of the Russian Federation from January 1, 2018. Installed new currency control rules. The first and most important change - known to the participants of foreign economic transactions of the passport transactions from January 1, 2018 will not be applied.

Passport transactions under contracts (loan agreements), which are not closed on the date of entry into force of the new instruction and are located in the foreign exchange control file, are recognized by the marks to the closure by an authorized bank and are stored in the foreign exchange control file.

These are the requirements of the new instruction of the Central Bank of 08/16/2017. №181-and "On the presentation by residents and non-residents authorized banks of confirmation of documents and information in the implementation of foreign exchange operations ...".

What contracts are subject to currency control in 2018

According to the new instruction of the Central Bank, its rules apply to contracts concluded between residents and non-residents:

1. Projects of contractsResidents to non-residents or non-resident residents for conclusion), which include the implementation of settlements through resident accounts opened in authorized banks, and (or) through resident accounts opened in banks outside the territory of the Russian Federation (hereinafter referred to as bank-non-resident).

2. Contracts, including agency contracts, commission agreements, contracts of instructionsSupporting in the implementation of foreign trade activities from the territory of the Russian Federation or import to the territory of the Russian Federation of goods, with the exception of the export (importation) valuable papers in documentary form.

3. Contractsproviding for sale (acquisition) and (or) the provision of services related to the sale (acquisition) in the territory of the Russian Federation (outside the territory of the Russian Federation) fuel and lubricants (bunker fuel), food, material and technical stocks and other goods ( With the exception of spare parts and equipment) necessary to ensure the operation and maintenance of vehicles, regardless of their type and destination in the path or in the intermediate stop points or parking.

4. Contracts, including agency contracts, Commission agreements, instructions, with the exception of the contracts specified in subparagraphs 4.1.1, 4.1.2 and 4.1.4 of this paragraph, providing for work, the provision of services, the transfer of information and the results of intellectual activity, including The number of exceptional rights to them.

5. Contracts providing for the transfer of movable and (or) real estate under the lease agreement, contracts financial rental (leasing) (hereinafter referred to as those specified in this subparagraph, as well as in subparagraphs 4.1.1 - 4.1.3 of this paragraph of contracts - export contracts, import contracts, with joint references - contracts).

6. Treaties, the subject of which is to receive or provide cash in the form of a loan (loan), the return of funds on a loan agreement (loan agreement), as well as the implementation of other currency transactions related to obtaining, providing, refunds in the form of a loan ( Loan) (with the exception of contracts (contracts (agreements) recognized by the legislation of the Russian Federation loan or equivalent to a loan) (hereinafter referred to as a loan agreement).

What amount of the transaction begins currency control

Now the threshold of currency control depends on the type of transaction

Contracts are subject to currency control, the amount of obligations for which is equal to or exceeding the equivalent:

for imported contracts or loan contracts 3 000 000 rubles;

for export contracts6 000 000 rubles.

The amount of obligations under contracts (loan agreements) specified above determined at the date of concluding a contract (loan agreement) either in case of a change in the amount of obligations under the contract (loan agreement) at the date of concluding recent changes (additions) to the contract (loan agreement) providing for such a change in the formal rate foreign currencies in relation to the ruble.

As in 2018, currency control over foreign economic operations occurs

Instead of issuing a passport of the Transaction of the RF, which is the part of the export contract (hereinafter - the exporter), according to the import contract (hereinafter referred to CB.

Calculations for these treaties The resident is carried out only through their accounts opened in an authorized bank (head office of an authorized bank or branch of an authorized bank), which adopted a contract (credit agreement).

Either, if the resident holds calculations through its foreign accounts, the contracts accept the authorized bank for servicing.

If the Bank of the Criminal Code is the branch of the Bank's authorized bank or the Bank of the Criminal Code is the head office of the Commissioner Bank, the calculations under the Contract (Credit Treaty) can be carried out through the Resident accounts opened both in the branch of the authorized bank and in the head office of the Commissioner Bank provided by the Commissioner Bank compliance with the procedure for accounting and reporting on operations provided for by the new instruction.

What documents represents a resident to an authorized bank for currency control in 2018

Currency control when exporting

The exporter, the exporter, which is the part of the export contract, planning execution of its obligations under such an export contract, should submit to the CC Bank, taking into account the timing of the export contract, established by the new instruction of the Central Bank:

- information about the export contract required for registration (hereinafter referred to as information), in accordance with the procedure and form established by the Bank of the Criminal Code;

- either an export contract (an extract from the export contract containing information need to bank The Criminal Code for registration of the export contract and the implementation of currency control, including the fulfillment by the exporter's exporter, the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control"), and other information necessary for the formation by the Bank of the Criminal Code of the I Vedomity of Banking Control.

The export contract must be represented by the exporter's exporter to the UK Bank no later than fifteen working days after the date of the export contract for accounting by the Bank's bank in the event that, for setting an export contract for registration, the exporter presented only the information specified in the second paragraph of this paragraph.

To make an export contract for accounting, in the above case, the exporter, the following information should be presented:

general On the export contract:

the type of export contract defined in accordance with Appendix No. 4 to the instructions,

date,

number (if available),

export Contract Currency (Name),

the amount of obligations provided for by the export contract

date of completion of the fulfillment of obligations under the export contract;

- Requisites of non-resident (non-residents), which are (which are) to the parties (parties) on the export contract:

name, country.

If the information represented by the exporter's exporter to the bank does not meet the information contained in the export contract represented by the exporter's resident, the UK Bank is obliged to make appropriate changes to the section I of the bank control statement.

The bank takes into account the contract is obliged to accept for accounting export contract and assign an export contract unique number.

Simultaneously with the assignment of a unique number to the export contract, the bank should form in in electronic format The statement of bank control and fill out the section I of the Vedomosti of Banking Control in the formation and conduct of the Vedomosti currency control.

The Bank of the Criminal Code sends the exporter to the exporter, information about the unique number of the export contract taken no later than one working day after the date of the export contract.

Currency control during import

Resident-importer or resident, which is a loan agreement, for registration of such a contract, a loan agreement, submits to a bank accounting bank (bank of the Criminal Code) import contract, a loan agreement (an extract from the contract (loan agreement) containing the information necessary to the Bank Code for registration of such a contract (loan agreement) and the implementation of currency control, including the fulfillment of a resident of the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control"), and other information necessary for the formation of the Bank of the Criminal Code control, taking into account the timing of the implementation of the import contract (loan agreement) for accounting.

Terms of setting a contract for accounting in the Bank of the Importer

Resident exporter, resident-importer, resident, which is the side of the loan agreement, must be registered with the contract (credit agreement) on the following time.

With operations on resident accounts in authorized banks:

When paying by the resident (write-off) open at the bank bank - no later than the date of the submission of an order to write off funds.

When enroll foreign currency or currency of the Russian Federation operating in the bank bank - no later than fifteen working days after the date of enrollment foreign currency or currency of the Russian Federation at the expense of the resident operating in the bank bank.

During residents of residents in foreign banks:

When writing off foreign currency or currency of the Russian Federation in favor of a non-resident from the resident accountopen in a non-resident bank or when enrollment foreign currency or currency of the Russian Federation from non-resident at the expense of resident, open in a non-resident bank, - not later than thirty working days after the month, in which the specified operation was carried out.

If the contract (credit agreement) the amount of obligations is not defined:

when writing a foreign currency or currency of the Russian Federation under the contract (credit agreement) in favor of a non-resident from the account of the resident open at the bank of the Criminal Code or in a non-resident bank, as well as when enrolling foreign currency or currency of the Russian Federation from a non-resident at the expense of a resident, open in a bank UK or in a non-resident bank - no later than the term established by this Instruction for the submission of documents related to conducting operations, during the operation, as a result of which the amount of settlements on an import contract (Credited Treaty) will be equal to or exceed 3 million in equivalent . rubles, and according to the export contract will be equal to or exceed 6 million rubles in equivalent. The amount specified in this paragraph is calculated at the rate of foreign currencies in relation to the ruble at the date of concluding a contract (credit agreement) or in case of a change in the amount of obligations under the Contract (Credit Treaty) on the date of concluding the latest changes (additions) to the Contract (Credit Treaty) providing for Such a change in the amount;

in the fulfillment of obligations under the contract through importation into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and in the presence of a requirement for the customs declaration of goods in accordance with the Customs Legislation of the Customs Union within the framework of the Eurasian Economic Community (hereinafter - the Customs Legislation of the Customs Union) - no later than submission of that declaration for goods, a document used as a declaration on goods in accordance with the customs legislation of the Customs Union, applications for the conditional release (applications for the production of the component of the exported goods), as a result of the supply of which the cost of goods on an import contract will be equal to or exceed Equivalent to 3 million rubles (according to the export contract will be equal to or exceed 6 million rubles in equivalent). The amount specified in this paragraph is calculated at the rate of foreign currencies in relation to the ruble at the contract of conclusion of the contract or in the event of a change in the amount of contractual obligations (Credit Agreement) at the date of concluding recent changes (additions) to the contract (loan agreement) providing for such a change in the amount;

in the fulfillment of obligations under the contract (loan agreement), methods other than those specified in paragraphs of the second - the third of this subparagraph - no later than the term established by sub-clause 8.2.2 of paragraph 8.2 of this Instruction for submission of a resident request for confirmation documents in connection with the execution of obligations under the Contract (Credit Agreement) for an amount equal or exceeding 3 million rubles in an equivalent on an import contract (loan agreement) or equal or higher than 6 million rubles in equivalent on an export contract. The amount specified in this paragraph is calculated at the rate of foreign currencies in relation to the ruble at the date of concluding a contract (credit agreement) or in case of a change in the amount of obligations under the Contract (Credit Treaty) on the date of concluding the latest changes (additions) to the Contract (Credit Treaty) providing for Such a change in the amount.

5.7.5. In the fulfillment of obligations under the contract by import into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and in the presence of a requirement for customs declaration of goods in accordance with the Customs Legislation of the Customs Union - no later than the date of submission of the Declaration on goods, the document used as a declaration on Products in accordance with the customs legislation of the Customs Union, statements on the conditional release (applications for the production of the component of the exported goods).

5.7.6. In the fulfillment of obligations under the contract by entering into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and in the absence of a requirement on customs declaration of goods in accordance with the customs legislation of the Customs Union - no later than the term established by sub-clause 8.2.2 of paragraph 8.2 of this Instruction for submission Resident certificate of confirmation documents.

5.7.7. In the fulfillment of obligations under the contract through the work, provision of services, the transfer of information and the results of intellectual activity, including exceptional rights to them, is no later than the period established by sub-clause 8.2.2 of paragraph 8.2 of this Instruction for the submission of a resident confirmation certificate.

5.7.8. In the execution of obligations under the contract (loan agreement) in a manner different from those specified in subparagraphs 5.7.1 - 5.7.7 of this clause, no later than the period established by subparagraph 8.2.2 of paragraph 8.2 of this Instruction for the submission of a resident of the certificate of confirmation documents or in Other deadlines established by this Instruction regarding the submission of information on the fulfillment of obligations under the Contract (Credit Agreement) by a method other than those specified in subparagraphs 5.7.1 - 5.7.7 of this paragraph.

5.8. The Bank of the Criminal Code should adopt an import contract (credit agreement) no later than the next working day after the date of the submission of the documents specified in paragraph 5.6 of this Instruction, and to assign a unique number in the manner established in the applications 4 and 5 to the Imported Contract (Credit Agreement) This Instruction (hereinafter referred to as an import contract (loan agreement).

Simultaneously with the assignment of the unique number to the import contract (loan agreement), the UK Bank should form a bank control statement in electronic form and fill out a section I of bank control statements, in the formation and maintenance of bank control statement, which is established by Chapter 9 of this Instruction.

The Bank of the Criminal Code should send the importer to the residency, the Residence on the loan agreement, information about the unique issue of the import contract (loan agreement) in the manner prescribed by the Bank of the Criminal Bank, no later than one working day after the date of registration of the import contract (credit contract).

5.9. Each export contract, an import contract, a loan agreement specified in chapter 4 of this Instruction, is assigned by the Bank of the Criminal Code of one unique number, except in the cases specified in the second paragraph of paragraph 10.1 and paragraph 10.2 of this Instruction.

5.10. If there is a draft contract for registering a contract (loan agreement) to the Bank of the Criminal Code (Credit Agreement), a resident for a period no later than fifteen working days after the date of signing the relevant contract (credit agreement) must submit it to the Bank's bank.

The date of signing the contract (credit agreement) at the specified case is considered the latest date of its signing or the date of entry into force, or in the absence of these dates, is the date of its preparation.

In case, in connection with the signing of the contract (loan agreement), there are grounds for making changes to the contract information ( loan agreement), reflected by the Bank of the UK in the section I of the Vedomosti banking control, the Bank of the Criminal Code should make changes to the bank control statement in accordance with Chapter 7 of this Instruction.

5.11. If the authorized bank submitted in accordance with this Head of Documents and Information presented by the resident in accordance with this Head of Documents and Information is not enough for the bank control by the Bank of the Criminal Code in the manner prescribed by Chapter 9 of this Instruction, the UK Bank must request additional documents and ( or) information allowing the Bank to fill in the CCA Bank on their foundation, in the manner and the deadlines established by the Bank of the Criminal Code.


2021.
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