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New instructions on foreign exchange transactions. Currency control for legal entities: passage and documents. As a currency control agent of LLC CB "Eurasian Investment Bank"

LED lamps and equipment
20.04.2021

The transaction passport and certificate of currency transactions were cancelled. Instead, banks will register contracts (loan agreements)

Since March 2018, a new Bank of Russia instruction No. 181-I “On the procedure for residents and non-residents to submit supporting documents and information to authorized banks when carrying out currency transactions, on uniform forms of accounting and reporting on currency transactions, the procedure and deadlines for their submission” came into force. It cancels the obligation to issue a transaction passport, thus, the developers planned to make life easier for exporters and importers. Olga Gumel, head of the department of foreign exchange control and accounting of foreign exchange transactions of the department for servicing corporate clients of AKIBANK PJSC, spoke about what relaxations and innovations appeared in the new document.

Head of the Department of Currency Control and Accounting for Currency Transactions of the Department for Servicing Corporate Clients of AKIBANK PJSC Olga GumelPhoto: Oleg Spiridonov

NEW INSTRUCTIONS – NEW RULES

– Olga Gennadievna, on March 1, 2018, the new instruction of the Central Bank No. 181-I came into force – what did it change?

– She changed the rules for foreign exchange transactions in Russia. New requirements for confirmation of currency transactions are now being introduced. Instruction of the Central Bank of the Russian Federation No. 181-I abolished Instruction of the Central Bank of the Russian Federation No. 138-I, which existed for more than 5 years.

Instruction of the Central Bank of the Russian Federation No. 181-I introduces a number of global exceptions: firstly, the requirement to issue a transaction passport is canceled, secondly, the requirement to submit a certificate of currency transactions is canceled, thirdly, the requirement to provide an agreement concluded with a non-resident and supporting documents is canceled , if the amount of liabilities is equal to or does not exceed 200 thousand rubles.

– What innovations have appeared?

– I would highlight four key ones:

First: a new procedure for registering a contract (loan agreement) is being introduced, with a unique number being assigned to it at the time it is registered by the bank.

Second: the requirement for the minimum contract (loan agreement) amount for registration has been changed.

Third: a simplified procedure for registering a contract (loan agreement) is established for a resident-exporter.

Fourth: the time frame for the bank to review documents when accepting a contract (loan agreement) for registration by the bank has been reduced from 3 (three) working days to 1 (one) working day.

It is worth noting that banks maintain control over foreign exchange transactions. The authorized bank has the right to refuse to carry out a foreign exchange transaction if supporting documents are not provided.

EACH AGREEMENT HAS A UNIQUE NUMBER

– What are the main requirements for submitted documents in accordance with Instruction of the Central Bank of Russia No. 181-I?

–The first requirement is that when conducting a transaction in foreign currency, documents must be submitted to the authorized bank no later than 15 working days after the foreign currency is credited to the client’s transit account, and when foreign currency is written off from the account - on the day of the transaction. Before submitting a foreign economic contract, the client may write off from the transit account upon submission of the transaction type code to the authorized bank. Please note: if the amount of the agreement concluded with a non-resident is equal to or less than 200 thousand rubles, then only the code of the type of currency transaction is submitted to the bank. The second requirement is that when conducting a transaction in Russian rubles, a settlement document and supporting documents are submitted to the authorized bank. And if the amount of the agreement concluded with a non-resident is equal to or less than 200 thousand rubles, then the client submits only a settlement document for the currency transaction.

– What is the minimum amount requirement for a contract (loan agreement) to be registered?

– From March 1, 2018, the cost threshold for obligations at which residents need to register a contract has increased. Previously, the amount of obligations at which a resident needed to issue a transaction passport under a contract (loan agreement) at the bank was $50,000 or more. But from March 1, 2018, the contract must be registered with an authorized bank if the amount of obligations is equal to or exceeds: under an import contract or loan agreement - 3 million rubles; under an export contract - 6 million rubles.

– How long does it take to register a contract (loan agreement)?

– When writing off foreign currency / currency of the Russian Federation in favor of a non-resident - no later than the Order on write-off Money.

– When crediting foreign currency / Russian currency from a non-resident - no later than 15 working days after the date of crediting the funds.

– When writing off or crediting foreign currency / Russian currency from an account / to a resident’s account opened with a non-resident bank - no later than 30 business days after the month in which the operation was carried out.

– When importing/exporting goods if there is a declaration requirement - no later than the date of filing the declaration for goods.

– When importing/exporting goods in the absence of a declaration requirement, when performing work, providing services, transferring information and results of intellectual activity, when fulfilling obligations in another way - no later than the deadline for submitting a certificate of supporting documents.

Photo: BUSINESS Online

– Are there any additional requirements for a resident who has registered a contract (loan agreement), in addition to submitting documents related to the currency transaction?

- Eat. For example, you must provide information about the unique contract (loan agreement) number:

– When crediting foreign currency to a transit account, you must simultaneously provide information about the transaction type code or documents related to the transaction.

– When writing off foreign currency from a current account in foreign currency - simultaneously with the order to write off foreign currency.

– When crediting currency Russian Federation to a current account in the currency of the Russian Federation - no later than fifteen working days after the date of its crediting to the resident’s current account.

– When writing off the currency of the Russian Federation from a current account in the currency of the Russian Federation - simultaneously with the settlement document for the operation.

“THE BANK WILL NOT REFUSE IF YOU COMPLY WITH THE REQUIREMENTS OF CURRENCY LEGISLATION”

– Is it necessary to somehow confirm the operations with documents?

- Undoubtedly. Such documents include documents used as a declaration for goods, an application for conditional release (an application for the release of a component of an exported product), and other supporting documents (transport, commercial, accounting).

– When should supporting documents be submitted?

– No later than 15 working days after the month in which the date of issue was stamped on the documents used as a declaration for goods by a customs official.

– No later than 15 working days after the end of the month in which other supporting documents were issued.

An important requirement of the new instructions is that you must provide information about the expected period of repatriation of foreign currency and (or) the currency of the Russian Federation, which is determined on the basis of the terms of the agreement registered with the authorized bank when a resident makes advance payments in favor of a non-resident.

If you comply with all the requirements established by currency legislation, you will insure yourself against the risk of the bank refusing to carry out a foreign exchange transaction.

License of the Central Bank of the Russian Federation No. 2587. PJSC "AKIBANK"

WITH March 1, 2018 years, the rules for carrying out currency transactions in the Russian Federation are changing. The new one comes into force Instructions Central Bank 181-I, which introduces new requirements for confirmation of currency transactions. It contains 190 pages, cancels the previously valid 138 instructions of the Central Bank " About the order of presentation banks documents and information related to currency transactions , the procedure for issuing transaction passports, as well as the procedure for recording foreign exchange transactions by authorized banks and monitoring their implementation.”

IN this article I will tell you about 5 important requirements of the new 181 instructions of the Central Bank, in case of violation of which the bank will definitely report identified violations of currency control to the Federal Tax Service and the Federal Customs Service of the Russian Federation, which will entail an audit of your foreign exchange activities by these regulatory services.

With you is Irina Stepanova, Candidate of Economic Sciences, Director of the School of Economics and Law. With you is Irina Stepanova, Ph.D., Director of the School of Economics and Law. Previously, we worked as Business Seminars and Tandem Forum. Our company has been organizing since 1998 and until now round tables on issues of currency regulation and control in the Russian Federation.



As you know, the new Instruction 181-I “ About the order of presentation residents and non-residents authorized banks supporting documents and information on uniform forms of accounting and reporting on foreign exchange transactions, the procedure and deadlines for their submission” introduces a number of relaxations:

  • cancels the requirement to issue a transaction passport,
  • cancels the certificate of currency transactions,
  • eliminates the need to submit supporting documents for contracts not exceeding 200 thousand rubles.

At the same time, a number of requirements for carrying out currency transactions remain, which the bank will require you to fulfill. When failure to submit required documents the bank will refuse to carry out a foreign exchange transaction .

The bank may refuse to carry out a foreign exchange transaction not only in the event of failure to provide supporting documents, but also in the event FZ-173). We will talk more about Federal Law 173 in the next article, but now I would like to draw your attention to the fact that if violations are identified in the procedure and deadlines for submitting documents for currency transactions, the bank reports to the Federal Tax Service and the Federal Customs Service of the Russian Federation . The consequence will be a requirement to provide supporting documents for currency transactions from the tax and/or customs service, penalties, and an on-site tax or customs audit.

In order to avoid all these troubles, let's look at the basic requirements for submitted documents in accordance with Instruction of the Central Bank of Russia No. 181-I dated August 16, 2017. " About the order of presentation residents and non-residents authorized banks supporting documents and information when carrying out currency transactions, on uniform forms of accounting and reporting on currency transactions, the procedure and deadlines for their submission.”

5 main requirements of Central Bank instruction No. 181-I

First requirement- If surgery is performed in foreign currency

Documents are submitted to the bank related to transactions in foreign currency, no later than 15 working days after $(foreign currency) is credited to the account or funds are debited from the account.

Before submitting documents, it is possible to write off from the transit account upon presentation of the transaction type code.

!! Only the code for the type of transaction without documents is provided if the amount of the transaction with a non-resident is 200,000 rubles in equivalent.

Second requirement– If a currency transaction is carried out in rubles

In this case, a settlement document for the currency transaction (383-P) + documents is submitted specified in Part 4 of Article 23 No. 173-FZ “On Currency Regulation and Currency Control”

!! Only the settlement document for the transaction (383-P) is submitted without documents, if the amount of the transaction with a non-resident is 200,000 rubles in equivalent.

When is a contract (loan agreement) registered?

Export goods, works, services, information and results of intellectual activity - if the amount of obligations equal to or exceeds the equivalent of 6 million rubles on the date of conclusion of the contract, or in case of a change in the amount of obligations under the contract -

Import goods, works, services, information and results of intellectual activity - if the amount of obligations equal to or exceeds the equivalent of 3 million rubles at the official exchange rate of foreign currencies against the ruble established by the Bank of Russia on the date of conclusion of the contract, or in case of a change in the amount of obligations under the contract - as of the date of the last amendments(additions) to the contract providing for such changes.

Credit agreement (loan agreement) registered, if the amount of liabilities equals or exceeds the equivalent of 3 million rubles at the official exchange rate of foreign currencies against the ruble established by the Bank of Russia on the date of concluding the loan agreement, or in the case of a change in the amount of obligations under the loan agreement - on the date of concluding the latest changes (additions) to the loan agreement providing for such changes.

What is the deadline for registering a contract (loan agreement)?

  • If payment is made after export/import of goods – no later than the deadline for submitting the Customs declaration
  • If payments are made through a bank – no later than settlements
  • If payments are made through a non-resident bank — no later than 30 working days after the month in which the operation took place
  • If other fulfillment of obligations – no later than the deadline for submitting the Certificate of Supporting Documents(taking into account that the bank has 3 working days to verify the specified documents)
  • If other cases – Not later than expected submission of relevant documents

In addition to the documents related to the foreign exchange transaction and transaction listed above, the resident who has registered the contract (loan agreement) must also fulfill the following three requirements.

Third requirement— It is necessary to provide information about the unique contract (loan agreement) number (UNK)

  • when crediting foreign currency on TVS - simultaneously with the submission of information about the transaction type code or documents related to transactions;
  • when writing off foreign currency from a current account in foreign currency – simultaneously with the write-off order foreign currency;
  • when crediting rubles to the current account - no later than 15 working days after the date of enrollment to the resident's current account indicated in the statement of transactions on the account or in another document transferred by the authorized bank to the resident;
  • when writing off rubles from a current account – simultaneously with the settlement document for the operation.

Fourth requirement— It is necessary to submit documents related to the operation

What applies to supporting documents?(except for goods declared by filing a declaration of declaration):

1) documents used as declaration of goods provided paragraph 4 of article 180 Customs Code of the Customs Union, application for conditional release (application for release of a component of an exported product), provided for in Article 215 of the Federal Law of November 27, 2010 N 311-FZ “On customs regulation In Russian federation;

2) transport(shipping, shipping documents), commercial documents,

Additionally, he may submit: other documents containing information about the export of goods from the territory of the Russian Federation (shipment, transfer, delivery, movement) or the import of goods into the territory of the Russian Federation (receipt, delivery, acceptance, movement), executed under the contract and (or) in accordance with business customs

3) acceptance certificates, bills, invoices and (or) other commercial documents drawn up under a contract and (or) in accordance with business customs, including documents used by a resident to record his business transactions in accordance with accounting rules and business customs

4) other documents, confirming the appropriate fulfillment (change, termination) of obligations under the contract (loan agreement), including documents used by the resident to record his business transactions in accordance with accounting rules and business customs

What are the deadlines for submitting supporting documents?

1) no later than 15 working days after the month , in which on documents used as a declaration for goods, an application for conditional release (an application for the release of a component of an exported product), a customs official has marked the date of their release (conditional release) . If there are several marks of a customs official on the specified documents about different dates of release (conditional release) of goods, the period specified in this subparagraph is calculated from the latest date of release (conditional release) of goods indicated on the document;

2) no later than 15 working days after the end of the month , in which they were issued other supporting documents . The date of execution of such supporting documents is the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its preparation or the date indicating the import into the territory of the Russian Federation (receipt, delivery, reception, movement) or export goods from the territory of the Russian Federation (shipment, transfer, movement), specified in the supporting document.

Fifth requirement— It is necessary to provide information on the expected time frame for fulfilling obligations when writing off an advance from a resident’s current account in favor of a non-resident.

This primary requirements to the submission of supporting documents for currency transactions established by Instruction 181-I. If you remember and follow them, you will insure yourself against the risk of the bank refusing to make a foreign currency payment. We have already mentioned that the Bank may refuse to carry out a foreign exchange transaction not only in the event failure to provide supporting documents , but also in the case if the currency payment in question violates the provisions of Articles 9, 12 or 14 Federal Law “On Currency Regulation and Currency Control” ( FZ-173).

Tomorrow in a new article I will tell you moreon requirements for foreign exchange transactions imposed by Federal Law-173 “On Currency Regulation and Currency Control”.

14.11.2017

On November 2, 2017, Bank of Russia Instruction No. 181-I dated August 16, 2017 “On the procedure for residents and non-residents to submit supporting documents and information to authorized banks when carrying out currency transactions, on uniform forms of accounting and reporting on currency transactions, procedures and deadlines” was published their ideas" ( effective from March 1, 2018; At the same time, the previously in force Instruction No. 138-I dated June 4, 2012 ceases to apply).

New Instructions somewhat simplifies the procedure for processing documents related to foreign exchange transactions in foreign economic transactions in Russian authorized banks. It applies to residents - legal entities, individual entrepreneurs and persons engaged in private practice, as well as non-residents who are not individuals.

According to the specified Instructions:

  1. The requirement for registration of transaction passports has been abolished. The previous Instruction No. 138-I established a threshold for the amount of obligations under the contract, the excess of which required the issuance of a transaction passport, in the amount of $50,000. New Instruction 181-I does not provide for the requirement to draw up a transaction passport.
  2. The requirement for residents to submit to authorized banks is cancelled. certificates of currency transactions and currency control statements, which were forms of accounting. At the same time, the requirement to submit documents that are the basis for conducting currency transactions remains unchanged.
  3. The procedure for submission by residents and non-residents to the bank is established. supporting documents and information in connection with foreign exchange transactions.

In particular, when carrying out an operation to credit foreign currency to a transit currency account, a resident must submit to the bank documents related to the operations, no later than 15 working days after the date of crediting foreign currency to the transit currency account specified in the bank’s notification of its crediting.

When writing off foreign currency from a resident’s current account, the resident must submit to the bank documents related to the transactions, simultaneously with a write-off order.

Requirements for the submission of supporting documents apply to agreements (concluded between residents and non-residents, and providing for settlements through residents’ accounts (opened in both Russian and foreign banks)), the amount of liabilities for which is equal to or exceeds equivalent:

  • for import contracts or loan agreements – 3 million rubles;
  • for export contracts – 6 million rubles.

The amount of obligations under a contract (loan agreement) is determined as of the date of its conclusion or, in the case of a change in the amount of obligations - as of the date of conclusion of the latest amendments (additions) to the contract providing for such a change in the amount, at the official exchange rate of foreign currencies in relation to the ruble.

If the amount of obligations under an agreement with a non-resident is equal to or does not exceed the equivalent of 200,000 rubles, the submission of documents related to conducting currency transactions under such an agreement is not required.

  1. Introduced new procedure for accounting contracts in banks with the assignment of unique numbers to them (as well as deregistration and change of information in them), which replaces the existing procedure for issuing transaction passports.

A resident who is a party to an export or import contract, or to a loan agreement, must register them with an authorized bank and make payments under such a contract only through their accounts opened with the authorized bank that accepted the contract. The bank accepts the contract for registration and assigns it a unique number (which it informs the resident about).

To register a contract, you need almost the same information as now to fill out the transaction passport:

  • general information about the contract: type of contract, date, number (if any), currency of the contract, amount of obligations stipulated by the contract, date of completion of fulfillment of obligations under the contract;
  • details of the non-resident who is a party to the contract: name, country.
  1. Transaction passports issued but not closed before March 1, 2018 will be considered closed from the specified date. In this case, a mark about their closure will not be placed in the transaction passport, and its unique number will be transferred by the bank to the register as the number of the registered contract.

Please note that banks do not have the right to refuse to register a contract. In this case, the maximum period for such an operation cannot be more than 1 working day. The previously effective Instruction 138-I established a deadline for issuing a transaction passport of 3 business days.

In addition to this, it is necessary to mention that in addition to changes in the rules for processing transactions for the purposes of currency control in the direction of their simplification (reducing the number of required documents; increasing the threshold values ​​of transaction amounts at which their registration is required; reducing the time frame for registering a transaction), and other features of regulation of foreign economic transactions provided for Federal Law of November 14, 2017 N 325-FZ “On Amendments to Articles 19 and 23 of the Federal Law “On Currency Regulation and Currency Control” and the Code of the Russian Federation on Administrative Offences”. These include the following:

  1. Installed mandatory requirement to indicate the deadline for fulfillment of obligations by the parties under a foreign economic agreement.

Based on the wording of the new wording of paragraph 1.1 of Article 19 of the Federal Law “On Currency Regulation and Currency Control”, it will be necessary not only to indicate the deadline for fulfilling obligations in the agreement concluded between a resident of the Russian Federation and a non-resident, but also to inform the banks accurate terms for crediting funds in foreign currency to the resident’s account, as well as accurate deadlines for fulfillment of obligations by a non-resident.

The wording of the previous edition made it possible to indicate in bank accounting forms expected deadlines for fulfilling obligations and crediting funds in foreign currency. The new edition will come into force on May 14, 2018.

Thus, in practice, a situation may arise when a foreign economic agreement without specifying the terms for fulfillment of obligations will be declared invalid due to inconsistency legal requirements, or the bank will refuse to conduct a foreign exchange transaction under such an agreement.

  1. Expansion of the list of grounds to refuse to conduct currency transaction.

In addition to the previously provided grounds for refusing to carry out a transaction due to the failure of the parties to the transaction to provide the documents required by banks for a currency transaction or the unreliability of the information specified in such documents, after the provisions of the new edition of Federal Law No. 173 come into force, banks will be able to refuse on other grounds. In particular, such grounds may be the implementation of prohibited operations to credit funds to the account of a resident of the Russian Federation in foreign bank, carrying out prohibited currency transactions between residents of the Russian Federation, as well as non-compliance of documents submitted in connection with the transaction with legal requirements.

  1. Administrative liability is introduced for carrying out prohibited currency transactions for officials in addition to the existing liability for individuals and legal entities, as well as individual entrepreneurs.

Responsibility consists of paying a fine in the amount of 20 to 30 thousand rubles by the official who violated the currency legislation. For repeated commission of an illegal currency transaction, an official may be subject to disqualification for a period of 6 months to 3 years.

Generalization

The instruction of the Central Bank of the Russian Federation somewhat simplifies the procedure and procedure for currency control of foreign economic transactions of residents of the Russian Federation. This mainly concerns the abolition of transaction passports and their replacement with the registration of agreements with the bank, as well as the abolition of the requirement to submit documents for transactions of less than 200,000 rubles. At the same time, new amendments to the currency legislation introduced requirements for the mandatory indication of the exact deadline for the fulfillment of obligations in a foreign economic agreement (failure to comply with which may lead to a refusal to conduct foreign exchange transactions under it, and possibly to the recognition of the transaction as invalid); the list of grounds for a bank’s refusal to conducting a currency transaction and expanded the list of persons who can be held accountable for violating currency legislation (liability for officials was introduced).