RUSSIAN FEDERATION

THE FEDERAL LAW
dated 10.12.03 N 173-FZ

ON CURRENCY REGULATION AND CURRENCY CONTROL

(as amended by federal laws
of December 10, 2003 N 173-FZ (as amended on July 26, 2006), of June 29, 2004 N 58-FZ,
dated 18.07.2005 N 90-FZ, dated 26.07.2006 N 131-FZ,
dated 30.12.2006 N 267-FZ, dated 17.05.2007 N 83-FZ,
dated 05.07.2007 N 127-FZ)

The purpose of this Federal Law is to ensure the implementation of a unified state monetary policy, as well as the stability of the currency Russian Federation and stability of the domestic foreign exchange market of the Russian Federation as factors of progressive development national economy and international economic cooperation.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic concepts used in this Federal Law

1. For the purposes of this Federal Law, the following basic concepts are used:

1) currency of the Russian Federation:

a) banknotes in the form of banknotes and coins of the Bank of Russia that are in circulation as a legal means of cash payment on the territory of the Russian Federation, as well as the said banknotes withdrawn or withdrawn from circulation, but subject to exchange;

b) funds in bank accounts and bank deposits;

2) foreign currency:

a) banknotes in the form of banknotes, treasury bills, coins that are in circulation and are legal means of cash payment on the territory of the relevant foreign state (group of foreign states), as well as the indicated banknotes withdrawn or withdrawn from circulation, but subject to exchange;

b) funds in bank accounts and bank deposits in monetary units foreign states and international monetary or accounting units;

3) domestic securities:

a) issuance securities, nominal cost which is indicated in the currency of the Russian Federation and the issue of which is registered in the Russian Federation;

b) other securities certifying the right to receive the currency of the Russian Federation, issued on the territory of the Russian Federation;

4) external securities - securities, including in non-documentary form, not related in accordance with this federal law to domestic securities;

5) currency values ​​- foreign currency and foreign securities;

6) residents:

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

b) permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation, Foreign citizens and stateless persons;

c) legal entities established in accordance with the legislation of the Russian Federation;

d) branches, representative offices and other subdivisions of residents specified in subparagraph "c" of this paragraph located outside the territory of the Russian Federation;

e) diplomatic missions, consular offices of the Russian Federation and other official representations of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

f) the Russian Federation, constituent entities of the Russian Federation, municipalities that act in relations regulated by this Federal Law and other federal laws and other regulatory legal acts adopted in accordance with it;

7) non-residents:

a) individuals who are not residents in accordance with subparagraphs "a" and "b" of paragraph 6 of this part;

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

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

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

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

f) branches, permanent representative offices and other separate or independent structural subdivisions of non-residents located on the territory of the Russian Federation, specified in subparagraphs "b" and "c" of this paragraph;

g) other persons not specified in paragraph 6 of this part;

8) authorized banks - credit institutions established in accordance with the legislation of the Russian Federation and having the right, on the basis of licenses of the Central Bank of the Russian Federation, to carry out banking operations with funds in foreign currency, as well as branches operating in the territory of the Russian Federation in accordance with licenses of the Central Bank of the Russian Federation credit institutions established in accordance with the legislation of foreign states, having the right to carry out banking operations with funds in foreign currency;

9) currency transactions:

a) acquisition by a resident from a resident and alienation by a resident in favor of a resident of currency values ​​on legal grounds, as well as the use of currency values ​​as a means of payment;

b) acquisition by a resident from a non-resident or by a non-resident from a resident and alienation by a resident in favor of a non-resident or by a non-resident in favor of a resident of currency values, the currency of the Russian Federation and domestic valuable papers legally, as well as the use of currency values, the currency of the Russian Federation and domestic securities as a means of payment;

c) acquisition by a non-resident from a non-resident and alienation by a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and domestic securities on legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities as a means of payment;

d) import into the customs territory of the Russian Federation and export from the customs territory of the Russian Federation of currency valuables, the currency of the Russian Federation and domestic securities;

e) translation foreign exchange, currency of the Russian Federation, internal and external securities from an account opened outside the territory of the Russian Federation to an account of the same person opened in the territory of the Russian Federation, and from an account opened in the Russian Federation to an account of the same person opened for outside the territory of the Russian Federation;

f) transfer by a non-resident of the currency of the Russian Federation, internal and external securities from an account (from an account section) opened on the territory of the Russian Federation to an account (account section) of the same person opened on the territory of the Russian Federation;

10) was valid until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law;

11) currency exchanges - legal entities established in accordance with the legislation of the Russian Federation, one of the activities of which is the organization of exchange trading in foreign currency in the manner and on the terms established by the Central Bank of the Russian Federation.

2. The institutions, concepts and terms of the civil and administrative legislation of the Russian Federation and other branches of the legislation of the Russian Federation used in this Federal Law shall be applied in the sense in which they are used in these branches of the legislation of the Russian Federation, unless otherwise provided by this Federal Law.

Article 2. Scope of this Federal Law and relations regulated by this Federal Law

This Federal Law establishes the legal framework and principles of currency regulation and currency control in the Russian Federation, the powers of currency regulation bodies, and also defines the rights and obligations of residents and non-residents in relation to the possession, use and disposal of currency values, the rights and obligations of non-residents in relation to possession, use and disposal of the currency of the Russian Federation and domestic securities, the rights and obligations of currency control bodies and currency control agents (hereinafter also referred to as currency control bodies and agents).

Article 3. Principles of currency regulation and currency control

The main principles of currency regulation and currency control in the Russian Federation are:

1) priority of economic measures in implementation public policy in the field of currency regulation;

2) exclusion of unjustified interference by the state and its bodies in the currency transactions of residents and non-residents;

3) the unity of the foreign and domestic monetary policy of the Russian Federation;

4) the unity of the system of currency regulation and currency control;

5) ensuring by the state the protection of the rights and economic interests of residents and non-residents in the implementation of foreign exchange transactions.

Article 4

1. The currency legislation of the Russian Federation consists of this Federal Law and federal laws adopted in accordance with it (hereinafter referred to as acts of the currency legislation of the Russian Federation).

Currency regulation bodies shall issue normative legal acts on currency regulation issues (hereinafter referred to as acts of currency regulation bodies) only in the cases provided for by this Federal Law.

2. International treaties of the Russian Federation apply directly to the relations specified in Article 2 of this Federal Law, except in cases where it follows from an international treaty of the Russian Federation that its application requires the issuance of an internal act of the currency legislation of the Russian Federation.

If international treaty The Russian Federation has established rules other than those provided for by this Federal Law, the rules of the said international treaty shall apply.

3. Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall apply to relations that have arisen after the entry into force of the said acts, except for the cases expressly provided for by this Federal Law or other federal laws.

To relations that arose before the entry into force of the relevant acts of the currency legislation of the Russian Federation and acts of the currency regulation bodies, these acts are applied in terms of the rights and obligations that arose after their entry into force.

4. Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies that establish new obligations for residents and non-residents or worsen their position shall not have retroactive effect.

Acts of the currency legislation of the Russian Federation and acts of currency regulation authorities that lift restrictions on the implementation of currency transactions or otherwise improve the position of residents and non-residents may have retroactive effect if they expressly provide for this.

Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies are subject to official publication.

Unpublished acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall not apply. The requirements of this paragraph do not apply to acts or separate provisions of acts of currency regulation bodies containing information constituting a state secret in accordance with the Law of the Russian Federation of July 21, 1993 N 5485-1 "On State Secrets".

5. Currency control bodies may issue currency control acts on issues within their competence (hereinafter referred to as acts of currency control bodies) only in cases and within the limits provided for by the currency legislation of the Russian Federation and acts of currency regulation bodies. Acts of currency control bodies should not contain provisions concerning the regulation of currency transactions.

6. All unremovable doubts, contradictions and ambiguities in acts of the currency legislation of the Russian Federation, acts of currency regulation bodies and acts of currency control bodies shall be interpreted in favor of residents and non-residents.

Chapter 2. CURRENCY REGULATION

Article 5. Bodies of currency regulation

1. The bodies of currency regulation in the Russian Federation are the Central Bank of the Russian Federation and the Government of the Russian Federation.

2. To implement the functions provided for by this Federal Law, the Central Bank of the Russian Federation and the Government of the Russian Federation issue, within their competence, acts of currency regulation bodies that are binding on residents and non-residents.

If the procedure for carrying out foreign exchange transactions, the procedure for using accounts (including the establishment of a requirement to use a special account) are not established by the currency regulation authorities in accordance with this Federal Law, foreign exchange transactions are carried out, accounts are opened and transactions on accounts are carried out without restrictions. When establishing a requirement to use a special account, the currency regulation authorities are not entitled to impose restrictions that are not provided for by this Federal Law.

3. It is not allowed for the currency regulation bodies to establish a requirement for residents and non-residents to obtain individual permits.

It is not allowed for the currency regulation authorities to establish a requirement for preliminary registration, except for the cases established by Part 3 of Article 12, Part 5 of Article 15 of this Federal Law.

4. The Central Bank of the Russian Federation establishes uniform forms of accounting and reporting on foreign exchange transactions, the procedure and terms for their submission, and also prepares and publishes statistical information on foreign exchange transactions.

5. The Central Bank of the Russian Federation, the Government of the Russian Federation, as well as the federal executive bodies specially authorized to do so by the Government of the Russian Federation, carry out all types of currency transactions regulated by this Federal Law, without restrictions.

Article 6. Currency transactions between residents and non-residents

Currency transactions between residents and non-residents are carried out without restrictions, with the exception of currency transactions provided for in Articles 7, 8 and 11 of this Federal Law, in respect of which restrictions are established in order to prevent a significant reduction in gold and foreign exchange reserves, sharp fluctuations in the exchange rate of the Russian Federation, as well as to maintain stability of the balance of payments of the Russian Federation. These restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

Article 7. Valid until July 1, 2006. - Paragraph 3 of Part 3 of Article 26 of this Federal Law.

Article 8. Valid until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law.

Article 9. Currency transactions between residents

1. Currency transactions between residents are prohibited, except for:

1) transactions provided for by Parts 2 and 3 of this Article, Part 6 of Article 12 and Part 3 of Article 14 of this Federal Law;

2) transactions related to settlements in duty-free shops, as well as with settlements in the sale of goods and the provision of services to passengers en route Vehicle for international transport;

3) transactions between commission agents (agents, attorneys) and principals (principals, principals) when commission agents (agents, attorneys) provide services related to the conclusion and execution of contracts with non-residents on the transfer of goods, the performance of work, the provision of services, the transfer of information and results of intellectual activity, including exclusive rights to them;

4) operations under contracts of transport expedition, transportation and chartering (charter) when the freight forwarder, carrier and charterer provide services related to the transportation of goods exported from the Russian Federation or imported into the Russian Federation, transit transportation of goods through the territory of the Russian Federation, as well as under insurance contracts specified cargoes;

5) transactions with external securities carried out through trade organizers on the securities market of the Russian Federation, provided that the rights to such securities are taken into account in depositories established in accordance with the legislation of the Russian Federation;

6) transactions with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation, and settlements are made in the currency of the Russian Federation;
(as amended by Federal Law No. 90-FZ of July 18, 2005)

7) transactions related to the implementation of mandatory payments (taxes, fees and other payments) in federal budget, the budget of the subject of the Russian Federation, local budget in foreign currency in accordance with the legislation of the Russian Federation;

8) operations related to payments on external securities (including mortgages), with the exception of promissory notes;
(Clause 8 was introduced by Federal Law No. 90-FZ of July 18, 2005)

9) transactions for payment and (or) reimbursement of expenses individual associated with a business trip outside the territory of the Russian Federation, as well as transactions in the repayment of an unspent advance payment issued in connection with a business trip;
(Clause 9 was introduced by Federal Law No. 90-FZ of July 18, 2005)

10) operations related to settlements and transfers in the course of budget execution budget system the Russian Federation in accordance with the budget legislation of the Russian Federation;
(Clause 10 was introduced by Federal Law No. 90-FZ of July 18, 2005)

11) transactions involving settlements and transfers for the implementation of the activities of diplomatic missions, consular offices of the Russian Federation and other official representations of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;
(Clause 11 was introduced by Federal Law No. 90-FZ of July 18, 2005)

12) transfers by a resident individual from the Russian Federation in favor of other resident individuals to their accounts opened with banks located outside the territory of the Russian Federation, in amounts not exceeding during one business day through one authorized bank an amount equal to the equivalent of USD 5,000 at the official exchange rate set by the Central Bank of the Russian Federation on the date of debiting Money from the account of a resident individual, except for the cases specified in clause 17 of this part;
(Clause 12 was introduced by Federal Law No. 90-FZ of July 18, 2005, as amended by Federal Law No. 127-FZ of July 5, 2007)

13) transfers by a resident individual to the Russian Federation from accounts opened with banks located outside the territory of the Russian Federation in favor of other resident individuals to their accounts in authorized banks;
(Clause 13 was introduced by Federal Law No. 90-FZ of July 18, 2005)

14) transactions for payment and (or) reimbursement of expenses related to business trips outside the territory of the Russian Federation, employees whose permanent work is carried out on the road or has a traveling character;
(Clause 14 was introduced by Federal Law No. 90-FZ of July 18, 2005)

15) transactions provided for by this part and part 3 of this article, performed by trustees;
(Clause 15 was introduced by Federal Law No. 90-FZ of July 18, 2005)

16) transactions related to settlements between transport organizations and individuals located outside the territory of the Russian Federation, as well as branches, representative offices and other divisions of legal entities established in accordance with the legislation of the Russian Federation, under contracts for the carriage of passengers.
(Item 16 was introduced by Federal Law No. 267-FZ of December 30, 2006)

17) transfers by resident individuals from their accounts opened with authorized banks in favor of other resident individuals who are their spouses or close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren), full-blooded and half-blooded (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation.
(Clause 17 was introduced by Federal Law No. 127-FZ of July 5, 2007)

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

3. Without restrictions, foreign exchange transactions between residents and authorized banks are carried out, related to:

1) with the receipt and repayment of loans and borrowings, the payment of interest and penalties under the relevant agreements;

2) with the deposit of residents' funds to bank accounts (in bank deposits) (on demand and for a specified period) and receiving funds from residents' bank accounts (bank deposits) (on demand and for a specified period);

3) with bank guarantees, as well as with the fulfillment by residents of obligations under guarantee and pledge agreements;

4) with the acquisition by residents of bills of exchange issued by these or other authorized banks from authorized banks, presenting them for payment, receiving payment on them, including by way of recourse, collecting penalties on them, as well as with the alienation by residents of these bills of exchange to authorized banks in the procedure established by the Federal Law of March 11, 1997 N 48-FZ "On a transfer and promissory note";

5) with the purchase and sale by individuals of cash and non-cash foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of a foreign state ( groups of foreign states), accepting, for sending for collection to banks outside the territory of the Russian Federation, foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, not for the purposes of carrying out entrepreneurial activities by individuals;

6) with the payment of commission to authorized banks;

7) with others foreign exchange transactions classified as banking operations in accordance with the legislation of the Russian Federation.

Article 10. Currency transactions between non-residents

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

2. Non-residents have the right to carry out foreign exchange transactions with domestic securities on the territory of the Russian Federation, subject to the requirements established antitrust laws Russian Federation and the legislation of the Russian Federation on the securities market.

3. Currency transactions between non-residents on the territory of the Russian Federation in the currency of the Russian Federation are carried out through bank accounts (bank deposits) opened on the territory of the Russian Federation in the manner prescribed by Article 13 of this Federal Law.

Article 11. Domestic foreign exchange market of the Russian Federation

1. Purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, in the Russian Federation is carried out only through authorized banks.

2. The Central Bank of the Russian Federation establishes requirements for credit institutions to draw up documents for the purchase and sale of foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency.

Establishing a requirement for identification of a person when buying and selling by individuals foreign currency in cash and checks (including traveller's checks), the nominal value of which is indicated in foreign currency, is not allowed, except for cases provided for by federal laws.

Personal identification information may be included in documents drawn up during the sale and purchase by an individual of foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, at the request of the individual.

3 - 6. Valid until July 1, 2006. - Paragraph 3 of Part 3 of Article 26 of this Federal Law.

Article 12. Accounts of residents in banks located outside the territory of the Russian Federation

1. Residents open without restrictions accounts (deposits) in foreign currency in banks located in the territories of foreign states that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF).

2. Residents are obliged to notify the tax authorities at the place of their registration of the opening (closing) of accounts (deposits) specified in part 1 of this article no later than one month from the date of conclusion (termination) of the agreement on opening an account (deposit) with a bank located outside territory of the Russian Federation, in the form approved federal body executive power, authorized to control and supervise in the field of taxes and fees.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

3. Valid until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law.

4. Residents have the right to transfer to their accounts (deposits) opened with banks outside the territory of the Russian Federation, funds from their accounts (from deposits) in authorized banks or their other accounts (deposits) opened with banks outside the territory of the Russian Federation.

Transfers by residents of funds to their accounts (to deposits) opened with banks outside the territory of the Russian Federation, from their accounts (from deposits) in authorized banks are carried out upon presentation to the authorized bank at the time of the first transfer of the notice tax authority at the place of registration of the resident on opening an account (deposit) with a mark on the acceptance of the said notification, except for transactions required in accordance with the legislation of a foreign state and related to the conditions for opening said accounts (deposits).

5. Along with the cases specified in part 4 of this article, funds received in the cases specified in paragraphs 10 - 12, 16 and 17 of part 1 may be credited to the accounts (deposits) of residents opened in banks outside the territory of the Russian Federation Article 9, paragraph six of Part 2 of Article 14, as well as Clauses 1-3 and 6 of Part 2 of Article 19 of this Federal Law.
(as amended by Federal Laws No. 90-FZ of 18.07.2005, No. 267-FZ of 30.12.2006, No. 127-FZ of 05.07.2007)

The accounts of residents opened in banks located in the territories of foreign states that are members of the OECD or FATF may be credited with amounts of loans and borrowings in foreign currency received under loan agreements and loan agreements with non-resident organizations that are agents of foreign governments, as well as under loan agreements and loan agreements concluded with residents of OECD or FATF member states for a period of more than two years.

6. Resident legal entities have the right to carry out currency transactions without restrictions with funds credited in accordance with this Federal Law to accounts (deposits) opened with banks outside the territory of the Russian Federation, with the exception of currency transactions between residents, with the exception of currency transactions, specified in part 6.1 of this article.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

Individuals - residents have the right to carry out currency transactions without restrictions that are not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited in accordance with this Federal Law to accounts (deposits) opened with banks outside the territory of the Russian Federation .

6.1. With the funds specified in part 6 of this article, the following currency transactions are carried out between residents without restrictions:

1) payment operations wages employees of diplomatic missions, consular offices of the Russian Federation and other official representations of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

2) transactions for the payment of wages to employees of a representative office of a legal entity - a resident, located outside the territory of the Russian Federation;

3) transactions for payment and (or) reimbursement of expenses related to the business trip of the employees specified in paragraphs 1 and 2 of this part to the territory of the country of location of the representative offices, institutions and organizations indicated in paragraphs 1 and 2 of this part and beyond its borders, with the exception of the territory of the Russian Federations;

4) transactions specified in clauses 10, 11 and 16 of part 1 of article 9, as well as paragraph six of part 2 of article 14 of this Federal Law.
(as amended by Federal Law No. 267-FZ of December 30, 2006)

(Part six.1 was introduced by Federal Law No. 90-FZ of July 18, 2005)

7. Residents, with the exception of resident individuals, submit to the tax authorities at the place of their registration reports on the movement of funds on accounts (deposits) in banks outside the territory of the Russian Federation with supporting banking documents in the manner established by the Government of the Russian Federation in agreement with the Central Bank Russian Federation. Resident individuals are required to submit to the tax authorities at the place of their registration only a report on the balances of funds on accounts (in deposits) in banks outside the territory of the Russian Federation as of the beginning of each calendar year.

8. The requirements for the procedure for opening accounts (deposits) in banks outside the territory of the Russian Federation, conducting foreign exchange transactions on the said accounts (deposits), as well as submitting reports on the movement of funds on these accounts (deposits), established by this article, do not apply to authorized banks and currency exchanges that open accounts (deposits) in banks outside the territory of the Russian Federation, carry out currency transactions on them and submit reports in the manner established by the Central Bank of the Russian Federation.

Article 13. Accounts (deposits) of non-residents opened on the territory of the Russian Federation

1. Non-residents on the territory of the Russian Federation shall have the right to open bank accounts (bank deposits) in foreign currency and the currency of the Russian Federation only in authorized banks.

2. The procedure for opening and maintaining bank accounts (bank deposits) of non-residents opened on the territory of the Russian Federation, including special accounts, shall be established by the Central Bank of the Russian Federation, unless otherwise provided by this Federal Law.

3. Non-residents have the right to transfer foreign currency and the currency of the Russian Federation without restrictions from their bank accounts (from bank deposits) in banks outside the territory of the Russian Federation to their bank accounts (to bank deposits) in authorized banks.

4. Non-residents have the right to transfer foreign currency without restrictions from their bank accounts (from bank deposits) in authorized banks to their accounts (to deposits) in banks outside the territory of the Russian Federation.

Article 14. Rights and obligations of residents in the course of foreign exchange transactions

1. Residents have the right to open bank accounts (bank deposits) in foreign currency in authorized banks without restrictions, unless otherwise provided by this Federal Law.

2. Unless otherwise provided by this Federal Law, settlements in the course of foreign exchange transactions shall be made by resident legal entities through bank accounts in authorized banks, the procedure for opening and maintaining which is established by the Central Bank of the Russian Federation. Settlements in the course of foreign exchange transactions may be made by resident legal entities through accounts opened in accordance with Article 12 of this Federal Law with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts in accordance with this Federal Law.

Resident legal entities may, without using bank accounts in authorized banks, make settlements with non-resident individuals in the cash currency of the Russian Federation under contracts for the retail sale of goods, as well as settlements when providing transportation, hotel and other services to non-resident individuals in the Russian Federation. services provided to the population.
(the paragraph was introduced by Federal Law No. 90-FZ of July 18, 2005)

Resident legal entities may, without using bank accounts in authorized banks, make settlements with non-residents in cash foreign currency and the currency of the Russian Federation for servicing aircraft of foreign states at airports, ships of foreign states in river and sea ports, as well as when non-residents pay for air navigation, airport and port dues on the territory of the Russian Federation.
(The paragraph was introduced by Federal Law No. 90-FZ of 18.07.2005; as amended by Federal Law No. 267-FZ of 30.12.2006)

Resident legal entities may, without using bank accounts in authorized banks, make settlements in cash foreign currency and cash currency of the Russian Federation with non-residents for servicing aircraft of such legal entities at airports of foreign states, ships of such legal entities in river and sea ports of foreign states, other vehicles of such legal entities during their stay in the territories of foreign states, as well as when such legal entities pay air navigation, airport, port dues and other mandatory dues in the territories of foreign states related to ensuring the activities of such legal entities.

Legal entities - residents can carry out, without using bank accounts in authorized banks, settlements in foreign currency and the currency of the Russian Federation with individuals located outside the territory of the Russian Federation - residents, as well as branches, representative offices and other divisions of legal entities established in accordance with the legislation of the Russian Federation. Federation, and individuals - non-residents under contracts for the carriage of passengers, as well as settlements in foreign currency and the currency of the Russian Federation with individuals located outside the territory of the Russian Federation - residents and individuals - non-residents under contracts for the carriage of goods transported by individuals for personal, family , household and other needs not related to the implementation of entrepreneurial activities.
(paragraph introduced by Federal Law No. 267-FZ of December 30, 2006)

3. Settlements in the course of foreign exchange transactions shall be made by resident individuals through bank accounts in authorized banks, the procedure for opening and maintaining which is established by the Central Bank of the Russian Federation, with the exception of the following foreign exchange transactions carried out in accordance with this Federal Law:

1) transfer by a resident natural person of currency valuables as a gift from the Russian Federation, a constituent entity of the Russian Federation and (or) a municipality;

2) donations of currency values ​​to the spouse and close relatives;

3) bequests of currency values ​​or their receipt by inheritance right;

4) acquisition and alienation by a resident individual for the purpose of collecting single banknotes and coins;

5) transfer by a resident individual from the Russian Federation and receipt in the Russian Federation by a resident individual of a transfer without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide only for limiting the amount of the transfer, as well as postal transfer;
(as amended by Federal Law No. 90-FZ of July 18, 2005)

6) purchase from an authorized bank or sale to an authorized bank by a resident individual of cash foreign currency, exchange, replacement of banknotes of a foreign state (a group of foreign states), as well as acceptance of cash foreign currency for collection in banks outside the territory of the Russian Federation;

7) settlements of individuals - residents in foreign currency in duty-free shops, as well as in the sale of goods and the provision of services to individuals - residents along the route of vehicles in international transportation;
(Clause 7 was introduced by Federal Law No. 90-FZ of July 18, 2005)

8) settlements carried out by resident individuals in accordance with Clause 16 of Part 1 of Article 9 of this Federal Law.
(Clause 8 was introduced by Federal Law No. 267-FZ of December 30, 2006)

4. Settlements in the course of foreign exchange transactions may be made by resident individuals through accounts opened in accordance with Article 12 of this Federal Law with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts in accordance with this Federal Law.

5 - 6. Valid until July 1, 2006. - Paragraph 3 of Part 3 of Article 26 of this Federal Law.

7. Residents can make settlements through their bank accounts in any foreign currency with, if necessary, a conversion operation at the rate agreed with the authorized bank, regardless of the foreign currency in which the bank account was opened.

8. Professional participants in the securities market open special brokerage accounts in authorized banks to account for non-residents' funds.

Authorized banks that are professional participants in the securities market independently open and maintain special brokerage accounts to account for the funds of their non-resident clients. The procedure for opening and maintaining special brokerage accounts for accounting for non-residents' funds is established by the Central Bank of the Russian Federation and may provide for the establishment of a requirement for mandatory full or partial maintenance by authorized banks in which these accounts are opened of the balance of funds on a correspondent account with the Central Bank of the Russian Federation equal to the total balance of funds in special brokerage accounts.

Article 15

1. Import into the Russian Federation of foreign currency and (or) the currency of the Russian Federation, as well as traveler's checks, foreign and (or) domestic securities in documentary form, is carried out by residents and non-residents without restrictions, subject to the requirements of the customs legislation of the Russian Federation.

In case of a one-time import into the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency and (or) the currency of the Russian Federation, as well as traveler's checks, external and (or) internal securities in documentary form in an amount exceeding the equivalent of 10,000 US dollars, imported cash foreign currency and (or) the currency of the Russian Federation, as well as traveler's checks, external and (or) internal securities in documentary form are subject to declaration to the customs authority by submitting a written customs declaration for the entire amount of imported cash foreign currency and (or ) currency of the Russian Federation, as well as traveler's checks, external and (or) internal securities in documentary form.
(part one as amended by Federal Law No. 90-FZ of July 18, 2005)

2. Individuals - residents and individuals - non-residents have the right to export from the Russian Federation foreign currency, the currency of the Russian Federation, traveler's checks, external and (or) internal securities in documentary form, previously imported or transferred to the Russian Federation, subject to the requirements the customs legislation of the Russian Federation within the limits specified in the customs declaration or other document confirming their import or transfer to the Russian Federation.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

3. Individuals - residents and individuals - non-residents have the right to simultaneously export from the Russian Federation cash foreign currency and (or) the currency of the Russian Federation in an amount equal to the equivalent of 10,000 US dollars or not exceeding this amount. At the same time, it is not required to submit to the customs authority documents confirming that the exported cash foreign currency and (or) the currency of the Russian Federation was previously imported or transferred to the Russian Federation or acquired in the Russian Federation.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

In the event of a one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency and (or) the currency of the Russian Federation in an amount equal to the equivalent of 3,000 US dollars or not exceeding this amount, the exported cash foreign currency and (or) currency Russian Federation is not subject to declaration to the customs authority.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

In the event of a one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency and (or) the currency of the Russian Federation in an amount exceeding the equivalent of 3,000 US dollars, the exported cash foreign currency and (or) the currency of the Russian Federation is subject to declaration to the customs body by submitting a written customs declaration for the entire amount of exported cash foreign currency and (or) the currency of the Russian Federation.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

A one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency and (or) the currency of the Russian Federation in an amount exceeding the equivalent of 10,000 US dollars is not allowed, except for the cases provided for by Part 2 of this article.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

3.1. In the event of a one-time export from the Russian Federation by individuals - residents and individuals - non-residents of traveller's checks in an amount exceeding the equivalent of 10,000 US dollars, the exported traveller's checks must be declared to the customs authority by submitting a written customs declaration.
(Part three.1 was introduced by Federal Law No. 90-FZ of July 18, 2005)

4. In the event of a one-time export from the Russian Federation by residents and non-residents of foreign currency, the currency of the Russian Federation, traveler's checks, external and (or) internal securities in documentary form, except for the cases specified in parts 2, 3 and 3.1 of this article, the exported foreign currency, the currency of the Russian Federation, traveler's checks, external and (or) internal securities in documentary form are subject to declaration to the customs authority by submitting a written customs declaration.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

5. In the cases specified in parts 1, 3 and 3.1 of this article, the recalculation of foreign currency, the currency of the Russian Federation, traveller's checks, external and (or) internal securities in documentary form into US dollars is carried out at the official rate established by the Central Bank of the Russian Federation. Federation on the day of declaration to the customs authority. For the purposes of declaring foreign and (or) domestic securities in documentary form to the customs authority, the following shall be accepted:

1) for emissive securities - the nominal value of securities;

2) for other securities certifying the right to receive the currency of the Russian Federation or foreign currency - the corresponding amount in the currency of the Russian Federation or foreign currency, the right to receive which is certified by the specified security.

(Part Five as amended by Federal Law No. 90-FZ of July 18, 2005)

Article 16. Effective until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law.

Article 17. Effective until July 1, 2006. - Paragraph 3 of Part 3 of Article 26 of this Federal Law.

Article 18. Effective until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law.

Chapter 3. REPATIATION BY RESIDENTS OF FOREIGN CURRENCY AND THE CURRENCY OF THE RUSSIAN FEDERATION AND MANDATORY SALE OF A PART OF CURRENCY PROCEEDS

Article 19. Repatriation by residents of foreign currency and currency of the Russian Federation

1. When exercising foreign trade activities, residents, unless otherwise provided by this Federal Law, are obliged, within the time limits stipulated by foreign trade agreements (contracts), to ensure:

1) receipt from non-residents to their bank accounts in authorized banks of foreign currency or the currency of the Russian Federation, due in accordance with the conditions these contracts(contracts) for goods transferred to non-residents, works performed for them, services rendered to them, information and results of intellectual activity transferred to them, including exclusive rights to them;

2) return to the Russian Federation of funds paid to non-residents for goods not imported into the customs territory of the Russian Federation (not received in the customs territory of the Russian Federation), work not performed, services not rendered, information and results of intellectual activity not transferred, including exclusive rights to them.

2. Residents have the right not to credit their bank accounts with authorized banks in foreign currency or the currency of the Russian Federation in the following cases:

1) when transferring foreign exchange earnings to the accounts of legal entities - residents or third parties in banks outside the territory of the Russian Federation - in order to fulfill the obligations of legal entities - residents under loan agreements and loan agreements with non-resident organizations that are agents of the governments of foreign states, as well as under loan agreements and loan agreements concluded with residents of OECD or FATF member states for a period of more than two years;

2) when customers (non-residents) pay local expenses of residents related to the construction by residents of facilities in the territories of foreign states - for the construction period, after which the remaining funds are subject to transfer to residents' accounts opened with authorized banks;

3) when using foreign currency received by residents from holding exhibitions, sports, cultural and other similar events outside the territory of the Russian Federation, to cover the costs of holding them - for the period of these events;

4) when offsetting counterclaims for obligations between residents engaged in fishing outside the customs territory of the Russian Federation and non-residents providing services outside the customs territory of the Russian Federation to the said residents under agency contracts (agreements) concluded with them, as well as between resident transport organizations and non-residents providing services outside the customs territory of the Russian Federation to the said residents under contracts (agreements) concluded with them, as well as when offsetting counterclaims for obligations between resident and non-resident transport organizations in the event that settlements between them are carried out through specialized settlement organizations , created by international organizations in the field of international transportation, whose members are such resident transport organizations;
(as amended by Federal Laws No. 90-FZ of 18.07.2005, No. 267-FZ of 30.12.2006)

5) when offsetting counterclaims for obligations arising from reinsurance contracts or contracts for the provision of services related to the conclusion and execution of reinsurance contracts between a non-resident and a resident that are insurance companies or insurance brokers;
(Clause 5 was introduced by Federal Law No. 90-FZ of July 18, 2005)

6) when transferring foreign exchange earnings to the accounts of transport organizations - residents in banks outside the territory of the Russian Federation - in order to pay for the expenses incurred by such transport organizations outside the territory of the Russian Federation related to the payment of air navigation, airport, port dues and other mandatory dues in the territories foreign states, expenses associated with servicing air, river, sea vessels and other vehicles of such transport organizations and their passengers located outside the territory of the Russian Federation, as well as expenses for ensuring the activities of branches, representative offices and other divisions of such organizations located outside the territory of the Russian Federation transport organizations.
(Clause 6 was introduced by Federal Law No. 267-FZ of December 30, 2006)

3. Foreign currency credited in accordance with paragraphs 1 and 3 of part 2 of this article to the accounts of residents or third parties in banks outside the territory of the Russian Federation must be used for the purpose of fulfilling by residents of their obligations under paragraphs 1 and 3 of part 2 of this article, respectively. articles, or transferred to residents' accounts opened with authorized banks.

Article 20. Transaction passport

1. In order to ensure accounting and reporting on foreign exchange transactions in accordance with this Federal Law, the Central Bank of the Russian Federation may establish uniform rules for residents to issue transaction passports in authorized banks when carrying out foreign exchange transactions between residents and non-residents.

2. The transaction passport must contain information necessary to ensure accounting and reporting on foreign exchange transactions between residents and non-residents. The specified information is reflected in the transaction passport on the basis of supporting documents available to residents.

3. The transaction passport may be used by bodies and agents of currency control for the purposes of exercising currency control in accordance with this Federal Law.

Article 21. Effective until January 1, 2007. - Paragraph 1 of Part 3 of Article 26 of this Federal Law.

Chapter 4. CURRENCY CONTROL

Article 22

1. Currency control in the Russian Federation is carried out by the Government of the Russian Federation, currency control bodies and agents in accordance with this Federal Law and other federal laws.

2. The bodies of currency control in the Russian Federation are the Central Bank of the Russian Federation, the federal body (federal bodies) of executive power authorized (authorized) by the Government of the Russian Federation.

3. Currency control agents are authorized banks, accountable Central Bank of the Russian Federation, the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)", as well as non-authorized banks professional members securities market, including register holders (registrars) accountable to the federal executive body for the securities market, customs authorities and tax authorities.
(Part three as amended by Federal Law No. 83-FZ of May 17, 2007)

4. Control over the implementation of foreign exchange transactions credit institutions, and currency exchanges carried out by the Central Bank of the Russian Federation.

5. Control over the implementation of currency transactions by residents and non-residents who are not credit institutions or currency exchanges is carried out within their competence by the federal executive bodies that are currency control bodies and currency control agents.

6. The Government of the Russian Federation ensures the coordination of activities in the field of currency control of the federal executive bodies that are currency control bodies, as well as their interaction with the Central Bank of the Russian Federation. The Government of the Russian Federation ensures the interaction of professional participants in the securities market, customs and tax authorities, who are not authorized banks, as agents of currency control with the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation interacts with other currency control bodies and ensures interaction with them, as well as with the customs and tax authorities of authorized banks as currency control agents in accordance with the legislation of the Russian Federation.
(as amended by Federal Laws No. 58-FZ of 29.06.2004, No. 90-FZ of 18.07.2005)

Authorized banks, as currency control agents, transfer information to the customs and tax authorities in order to perform the functions of currency control agents in the amount and in the manner established by the Central Bank of the Russian Federation.
(The paragraph was introduced by Federal Law No. 58-FZ of 29.06.2004, as amended by Federal Law No. 90-FZ of 18.07.2005)

Article 23. Rights and obligations of bodies and agents of currency control and their officials

1. Bodies and agents of currency control and their officials, within their competence and in accordance with the legislation of the Russian Federation, have the right to:

1) carry out inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;

3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintenance of accounts. Mandatory term for the submission of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.

2. Bodies of currency control and their officials, within their competence, have the right:

1) issue orders to eliminate revealed violations of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to apply the measures of responsibility established by the legislation of the Russian Federation for violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies.

3. The procedure for the submission by residents and non-residents of supporting documents and information when performing foreign exchange operations to foreign exchange control agents is established:

1) for submission to currency control agents, with the exception of authorized banks, - by the Government of the Russian Federation;

2) for presentation to authorized banks - by the Central Bank of the Russian Federation.

4. For the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to the performance of currency transactions, opening and maintenance of accounts:

1) documents proving the identity of an individual;

2) document about state registration an individual as an individual entrepreneur;

3) documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;

4) certificate of registration with the tax authority;

5) documents certifying the rights of persons to real estate;

6) documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;

7) notification of the tax authority at the place of registration of the resident about opening an account (deposit) in a bank outside the territory of the Russian Federation;

8) registration documents in cases where preliminary registration is provided for in accordance with this Federal Law;

9) documents (draft documents) that are the basis for conducting foreign exchange transactions, including agreements (agreements, contracts), powers of attorney, extracts from the minutes general meeting or other management body of a legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of works, provision of services), information and results of intellectual activity, including exclusive rights to them, acts government agencies;

10) documents drawn up and issued by credit institutions, including Bank statements; documents confirming the performance of foreign exchange transactions;

11) customs declarations, documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and external and internal securities in documentary form;

12) transaction passport;

13) documents confirming that individuals are spouses or close relatives, including documents issued by civil registry offices (marriage certificate, birth certificate), court decisions that have entered into force on establishing the fact of family or kinship relations, adoption (adoption), establishing paternity, as well as entries in passports about children, about a spouse and other documents provided for by the legislation of the Russian Federation.
(paragraph introduced by Federal Law No. 127-FZ of July 5, 2007)

5. Currency control agents shall have the right to require the submission of only those documents that are directly related to the ongoing currency transaction.

All documents must be valid on the day of submission to currency control agents. At the request of a currency control agent, duly certified translations into Russian of documents executed in full or in any part in a foreign language are submitted. Documents issued by state bodies of foreign states, confirming the status of legal entities - non-residents, must be legalized in the prescribed manner. Foreign official documents may be presented without their legalization in cases stipulated by an international treaty of the Russian Federation.

Documents are submitted to currency control agents in the original or in the form of a duly certified copy. If only a part of the document is relevant to conducting a foreign exchange transaction or opening an account, a certified extract from it may be submitted.

Authorized banks shall refuse to carry out a foreign exchange transaction if a person fails to submit the documents required on the basis of part 4 of this article and this part, or if he submits unreliable documents.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

The original documents are accepted by currency control agents for familiarization and are returned to the persons who submitted them. In this case, copies certified by the currency control agent are placed in the currency control materials.

6. Tax authorities carrying out pre-registration in accordance with this Federal Law, within their competence, are obliged to consider applications from residents for preliminary registration required in accordance with this Federal Law, and make a decision on preliminary registration or refusal to pre-register.
(as amended by Federal Law No. 90-FZ of July 18, 2005)

7. Currency control agents and their officials are obliged to:

1) exercise control over the observance by residents and non-residents of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) provide the currency control bodies with information on currency transactions conducted with their participation, in the manner prescribed by the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies.

8. Bodies and agents of currency control and their officials are obliged to keep, in accordance with the legislation of the Russian Federation, commercial, banking and official secrets that became known to them in the exercise of their powers.

9. Bodies and agents of currency control, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank outside the territory of the Russian Federation, sanctions against which are applied in accordance with legislation of the Russian Federation by another currency control body, transfer it to the currency control body that has the right to apply sanctions to this person, the following information:

1) in relation to a legal entity - the name, an identification number the taxpayer, the place of state registration, its legal and postal addresses, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or violation;

2) in relation to an individual - last name, first name, patronymic, details of an identity document, address of residence, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or the said violation.

10. Authorized banks transmit information in accordance with part 9 of this article in the manner established by the Central Bank of the Russian Federation.

11. Currency control bodies and agents shall submit to the currency control body authorized by the Government of the Russian Federation the documents and information necessary for the performance of its functions in the amount and procedure established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

12. Bodies and agents of currency control and their officials shall bear responsibility, provided for by the legislation of the Russian Federation, for failure to perform the functions established by this Federal Law, as well as for their violation of the rights of residents and non-residents.

Article 24. Rights and obligations of residents and non-residents

1. Residents and non-residents carrying out currency transactions in the Russian Federation shall have the right to:

1) get acquainted with the acts of inspections carried out by the bodies and agents of currency control;

2) to appeal against decisions and actions (inaction) of bodies and agents of currency control and their officials in the manner established by the legislation of the Russian Federation;

3) for compensation, in accordance with the procedure established by the legislation of the Russian Federation, for real damage caused by unlawful actions (inaction) of currency control bodies and agents and their officials.

2. Residents and non-residents carrying out currency transactions in the Russian Federation are obliged to:

1) submit documents and information to the bodies and agents of currency control, which are provided for in Article 23 of this Federal Law;

2) keep records and draw up reports on their foreign exchange transactions in accordance with the established procedure, ensuring the safety of the relevant documents and materials for at least three years from the date of the relevant foreign exchange transaction, but not earlier than the date of execution of the contract;

3) to comply with the instructions of the currency control bodies to eliminate the identified violations of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies.

Article 25

Residents and non-residents who have violated the provisions of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall be liable in accordance with the legislation of the Russian Federation.

Chapter 5. FINAL PROVISIONS

Article 26. Entry into force of this Federal Law

1. This Federal Law shall enter into force six months after its official publication, with the exception of:

1) Part 2 of Article 22 of this Federal Law, which shall enter into force on the day of the official publication of this Federal Law;

2) Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law in relation to the procedure for opening and using accounts of resident legal entities in banks outside the territory of the Russian Federation, which come into force in relation to the specified procedure after one year from the date of entry into force of this Federal Law.

2. Prior to the entry into force of Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law with respect to the procedure for opening and using accounts of legal entities - residents in banks outside the territory of the Russian Federation, legal entities - residents open accounts in banks outside outside the territory of the Russian Federation in the manner prescribed by paragraph one of paragraph 2 of Article 5 and Article 6.1 of the Law of the Russian Federation of October 9, 1992 N 3615-1 "On currency regulation And currency control".

3. Paragraph 10 of part 1 of Article 1, parts 1 - 4, 8, 9 and 11 of Article 8, part 3 and paragraph four of part 4 of Article 12, parts 1, 8 - 10, 12, 13 and 15 of Article 16, Article 18 and 21 of this Federal Law are valid until January 1, 2007.
(As amended by Federal Law No. 131-FZ of July 26, 2006)

From January 1, 2007, part 2 of Article 12 of this Federal Law shall be in force in relation to all accounts opened by residents in banks outside the territory of the Russian Federation.

Article 7, parts 5 - 7 and 10 of article 8, parts 3 - 6 of article 11, paragraph two of part 4 of article 12, parts 5 and 6 of article 13, parts 5 and 6 of article 14, parts 2 - 5, 7, 11 and 14 Articles 16, Article 17 of this Federal Law are valid until July 1, 2006.
(paragraph introduced by Federal Law No. 131-FZ of July 26, 2006)

Article 27

1) clause 2 of article 11 of the Law of the Russian Federation of October 9, 1992 N 3615-1 "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, article 2542);

2) Paragraph four of Clause 5 of Article 1 of Federal Law No. 72-FZ of May 31, 2001 "On Introducing Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 23, Art. 2290).

2. From the date of entry into force of this Federal Law, to recognize as invalid:

1) Law of the Russian Federation of October 9, 1992 N 3615-1 "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, article 2542), with the exception of paragraph one of paragraph 2 of article 5, article 6.1 in relation to the rules governing the procedure for opening by legal entities - residents of accounts in banks outside the territory of the Russian Federation;

2) Article 20 of Federal Law No. 192-FZ of December 29, 1998 "On Priority Measures in the Field of Budgetary and Tax Policy" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 1, Art. 1);

3) Federal Law No. 128-FZ of July 5, 1999 "On Making Amendments to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 28, Art. 3461);

4) paragraphs 1 - 3, 5 and 6 of Article 1 of the Federal Law of May 31, 2001 N 72-FZ "On the Introduction of Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Collected Legislation of the Russian Federation, 2001, N 23, article 2290);

5) Federal Law of August 8, 2001 N 130-FZ "On Amendments to Certain legislative acts of the Russian Federation affecting issues of currency regulation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, art. 3432);

6) paragraphs fourteen - eighteen of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, Art. 2);

7) Article 5 of the Federal Law of December 31, 2002 N 187-FZ "On Amendments and Additions to Part Two tax code of the Russian Federation and some other acts of the legislation of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2003, N 1, item 2);

8) Federal Law No. 192-FZ of December 31, 2002 "On Amending Article 5 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 1, Article 7);

9) Federal Law No. 28-FZ of February 27, 2003 "On Amendments and Additions to Articles 6 and 8 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 9, Article 804) ;

10) Federal Law No. 116-FZ of July 7, 2003 "On Amendments to Article 6 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 28, Article 2885).

3. From the date of entry into force of Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law with regard to the procedure for opening and using accounts of resident legal entities in banks outside the territory of the Russian Federation, the following shall be recognized as invalid:

1) Law of the Russian Federation of October 9, 1992 N 3615-1 "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, art. 2542);

2) Decree of the Supreme Council of the Russian Federation of October 9, 1992 N 3616-1 "On the reconsideration of the Law of the Russian Federation "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, Art. .2543);

3) Decree of the Supreme Council of the Russian Federation of October 9, 1992 N 3617-1 "On the Enactment of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, article 2544);

4) Federal Law No. 72-FZ of May 31, 2001 "On Introducing Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 23, Art. 2290).

Article 28

1. The restrictions established in accordance with this Federal Law shall not apply to foreign exchange transactions, accounts (including their regime) of residents in banks outside the territory of the Russian Federation, as well as to cases of non-crediting of the foreign currency received by him to the accounts of a resident in authorized banks, if for the purpose of making foreign exchange transaction, opening such an account, as well as non-crediting of foreign currency by a resident prior to the entry into force of this Federal Law, permissions of the currency control body were obtained.

In this case, residents during the period of validity of these permits must be guided by their conditions, taking into account the specifics established by this article.

Permits obtained by residents prior to the entry into force of this Federal Law shall not apply to foreign exchange operations, the procedure for opening bank accounts outside the territory of the Russian Federation and the performance of operations on them, as well as cases of non-crediting of foreign currency, unless they are expressly provided for by these permits.

2. This Article shall apply to permits obtained by residents prior to the entry into force of this Federal Law, if the following specified in the permits remain unchanged:

1) a resident who has received a permit (with the exception of cases when an individual changes his last name, first name and (or) patronymic in the manner established by the legislation of the Russian Federation, other data of an identity document, changes in the name, organizational and legal form, other data of a legal entity, including information on state registration, taxpayer identification number, codes of forms of federal state statistical observation);

3) the amount of the currency transaction;

4) terms of carrying out a currency transaction or opening an account;

5) counting mode;

6) counterparties of the resident specified in the permit (except for cases when an individual changes his last name, first name and (or) patronymic in the manner prescribed by the legislation of the Russian Federation or a foreign state, other data of an identity document, changes in the name, organizational and legal form, other data of a legal entity, including information on state registration, taxpayer identification number, codes of forms of federal state statistical observation);

7) conditions for non-crediting to the accounts of a resident in authorized banks of the foreign currency received by him.

3. The resident is obliged to submit the information provided for by permits in the manner prescribed by these permits.

4. The rights and (or) obligations under the permits specified in this article cannot be transferred to third parties.

5. Currency control authorities are not entitled to make changes or additions to the permits issued by them, including extending their validity, from the date of entry into force of this Federal Law.

6. When changing any of the conditions specified in the permits, in cases permitted in accordance with part 2 of this article, the resident to whom the permit was issued is obliged to report new data to the authority that issued the permit within 10 working days from the date of their changes with the attachment of copies of the relevant documents.

7. The interpretation of the terms and conditions of the permits specified in this article is carried out in accordance with the regulatory legal acts in force on the day these permits were issued.

8. Upon the expiration of the permits, the restrictions established in accordance with this Federal Law shall apply to foreign exchange transactions and the procedure for using accounts that will be carried out or used in the future.

Permits, the validity of which has not been established, are valid until the date established by paragraph one of part 3 of article 26 of this Federal Law.
(the paragraph was introduced by Federal Law No. 90-FZ of July 18, 2005)

9. When a resident carries out foreign exchange transactions, opens accounts with banks outside the territory of the Russian Federation, conducts transactions on them, as well as when foreign currency is not credited to the resident's accounts with authorized banks in violation of the provisions of this article and the conditions of the permit received before entry into force of this Federal Law, the currency control body, by its act, issued, inter alia, on the proposal of another currency control body, terminates this permit.

Along with the cases specified in the first paragraph of this part, the validity of the permit may be terminated by an act of the currency control body on the basis of an application from the resident who received this permit.

In the cases provided for by this part, the act on termination of the permit shall be adopted by the currency control body that issued this permit, or by the currency control body authorized by the Government of the Russian Federation. Permits issued by the Central Bank of the Russian Federation or its territorial office shall cease to be valid on the basis of an act of the Central Bank of the Russian Federation.

In case of termination of permits in accordance with this part, the rules established by part 8 of this article shall apply.

(Part nine as amended by Federal Law No. 90-FZ of July 18, 2005)

10. After the termination of the permit for a resident to open an account with a bank outside the territory of the Russian Federation and conduct operations on it, except for the cases of termination of the permits specified in Part 9 of this Article, the resident has the right to continue conducting operations on such an account in accordance with Article 12 of this federal law.

In this case, the resident is obliged to notify the existence of such an account to the tax authorities at the place of his registration no later than one month from the date of termination of the said permit in the form approved by the federal executive body authorized for control and supervision in the field of taxes and fees, with the obligatory submission of a copy the relevant permission to open a bank account outside the territory of the Russian Federation and conduct operations on it.

In the event that a resident closes an account in accordance with the terms of permission to open an account with a bank outside the territory of the Russian Federation and conduct operations on it, the resident does not need to notify the tax authorities about this.

Currency regulation in the Russian Federation is carried out taking into account the economically beneficial tasks of the country. The government adheres to a liberal policy in the field of regulation of relations related to money.

To regulate foreign exchange transactions, Federal Law No. 173 “On Foreign Exchange Regulation and Foreign Exchange Control” was created.

What is FZ 173?

Federal Law No. 173 "On currency regulation and currency control" was adopted by the State Duma of the Russian Federation on November 21, 2003, and approved by the Federation Council 5 days later. Also at this time, amendments were made to the law on the Central Bank. Details

The purpose of Federal Law No. 173- implementation of a unified state policy in the field of currency and control over its stability in the economic market.

An additional task of Federal Law 173 is the stabilization of the internal money market Russian Federation and the development of the economy at the national and international level.

General provisions of the law on foreign exchange transactions

Summary of Federal Law 173:

• Chapter 1 - reveals the general provisions of Federal Law No. 173;
• Chapter 2 - lists the methods of control of currency relations;
• Chapter 3 - describes the methods of repatriation of foreign currency and the mandatory sale of part of the proceeds;
• Chapter 4 - reveals the methods of currency control;
• Chapter 5 - describes the final provisions.

The last amendments to the Federal Law were made on December 29, 2017.
Also in 2017, changes were made to Federal Law No. 131. More

What changes have been made?

As stated in the article, the last amendments to Federal Law No. 173 were made on December 29, 2017. The changes affected the following articles:

Article 7 of the Federal Law 173

Article 7 has been amended. It deals with the provisions of the Federal Law and other regulations that apply to the state association called the Bank for Development and Foreign Economic Affairs. The provisions of the article shall apply only if the corporation is exercising the function provided for by this law.

Ch 1 st 11

In the course of recent changes, amendments were made to part 1 of article 11. When purchasing foreign currency in the form of checks, a citizen must carry out this operation through a bank.

The following are important articles that have not been changed since the last revision:

Article 9

Article 9 describes monetary transactions between residents. The law states that monetary transactions between residents are prohibited. The following cases are an exception:

• When calculating duty-free trade;
• Transactions between commission agents;
• Transactions under contracts of a transport organization;
• With external securities;
• In case of making obligatory payments;
• With payments in relation to external securities;
• Transactions related to transfers and settlements of currency from abroad;
• Transfers between individuals, if one of them is a resident of a foreign state;
• Operations for payment and reimbursement of expenses;
• Actions related to the return and payment of collective, individual or other security;
• Other cases.

Currency transactions are carried out without restrictions with persons with whom settlement accounts in foreign currency are connected under the concluded contracts.

Article 19 of the Federal Law 173

Article 19 describes the repatriation of foreign or local currency by residents.

If foreign trade operations are carried out, then residents are obliged to ensure within the terms specified in the contract:

• Receipt of funds in foreign currency from residents to their own bank accounts;
• Return funds back to the Russian Federation for goods not imported, services not rendered or work not performed.

Download the current version of 173 FZ

The provisions of the law establish the principles and legal framework necessary to regulate the circulation of local and foreign currencies in the territory of the Russian Federation. Additionally, the rights and obligations of the currency regulation authorities and the scope of permissible actions are indicated. To learn more about Federal Law No. 173 "On Currency Regulation and Currency Control", you should download it at.

Changes and amendments

Accepted State Duma November 21, 2003 Approved by the Federation Council November 26, 2003

The purpose of this Federal Law is to ensure the implementation of a unified state monetary policy, as well as the stability of the currency of the Russian Federation and the stability of the domestic foreign exchange market of the Russian Federation as factors for the progressive development of the national economy and international economic cooperation.

Chapter 1. General Provisions

Article 1. Basic concepts used in this Federal Law

1. For the purposes of this Federal Law, the following basic concepts are used:

1) currency of the Russian Federation:

a) banknotes in the form of banknotes and coins of the Bank of Russia that are in circulation as a legal means of cash payment on the territory of the Russian Federation, as well as the said banknotes withdrawn or withdrawn from circulation, but subject to exchange;

b) funds in bank accounts and bank deposits;

2) foreign currency:

a) banknotes in the form of banknotes, treasury bills, coins that are in circulation and are legal means of cash payment on the territory of the relevant foreign state (group of foreign states), as well as the indicated banknotes withdrawn or withdrawn from circulation, but subject to exchange;

b) funds in bank accounts and bank deposits in monetary units of foreign states and international monetary or accounting units;

3) domestic securities:

a) issuance securities, the nominal value of which is indicated in the currency of the Russian Federation and the issue of which is registered in the Russian Federation;

b) other securities certifying the right to receive the currency of the Russian Federation, issued on the territory of the Russian Federation;

4) external securities - securities, including those in non-documentary form, which, in accordance with this Federal Law, are not classified as internal securities;

5) currency values ​​- foreign currency and foreign securities;

6) residents:

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

b) permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation, foreign citizens and stateless persons;

c) legal entities established in accordance with the legislation of the Russian Federation;

d) branches, representative offices and other subdivisions of residents specified in subparagraph "c" of this paragraph located outside the territory of the Russian Federation;

e) diplomatic missions, consular offices of the Russian Federation and other official representations of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation at interstate or intergovernmental organizations;

f) the Russian Federation, constituent entities of the Russian Federation, municipalities that act in relations regulated by this Federal Law and other federal laws and other regulatory legal acts adopted in accordance with it;

7) non-residents:

a) individuals who are not residents in accordance with subparagraphs "a" and "b" of paragraph 6 of this part;

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

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

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

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

f) branches, permanent representative offices and other separate or independent structural subdivisions of non-residents located on the territory of the Russian Federation, specified in subparagraphs "b" and "c" of this paragraph;

g) other persons not specified in paragraph 6 of this part;

8) authorized banks - credit institutions established in accordance with the legislation of the Russian Federation and having the right, on the basis of licenses of the Central Bank of the Russian Federation, to carry out banking operations with funds in foreign currency, as well as branches operating in the territory of the Russian Federation in accordance with licenses of the Central Bank of the Russian Federation credit institutions established in accordance with the legislation of foreign states, having the right to carry out banking operations with funds in foreign currency;

9) currency transactions:

a) acquisition by a resident from a resident and alienation by a resident in favor of a resident of currency values ​​on legal grounds, as well as the use of currency values ​​as a means of payment;

b) acquisition by a resident from a non-resident or by a non-resident from a resident and alienation by a resident in favor of a non-resident or by a non-resident in favor of a resident of currency values, the currency of the Russian Federation and domestic securities on legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities as means of payment;

c) acquisition by a non-resident from a non-resident and alienation by a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and domestic securities on legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities as a means of payment;

d) import into the customs territory of the Russian Federation and export from the customs territory of the Russian Federation of currency valuables, the currency of the Russian Federation and domestic securities;

e) transfer of foreign currency, currency of the Russian Federation, internal and external securities from an account opened outside the territory of the Russian Federation to an account of the same person opened in the territory of the Russian Federation, and from an account opened in the territory of the Russian Federation to the account of that the same person, open outside the territory of the Russian Federation;

f) transfer by a non-resident of the currency of the Russian Federation, internal and external securities from an account (from an account section) opened on the territory of the Russian Federation to an account (account section) of the same person opened on the territory of the Russian Federation;

10) special account - a bank account in an authorized bank, or a special section of a depo account, or a special section of a personal account opened by registrars in the register of securities holders for recording rights to securities used to carry out foreign exchange transactions in it in cases established in accordance with this federal law. If, in accordance with this Federal Law, a requirement is established to carry out a currency transaction using a special account (hereinafter also referred to as the requirement to use a special account), such a currency transaction may be carried out only using the specified special account;

11) currency exchanges - legal entities established in accordance with the legislation of the Russian Federation, one of the activities of which is the organization of exchange trading in foreign currency in the manner and on the terms established by the Central Bank of the Russian Federation.

2. The institutions, concepts and terms of the civil and administrative legislation of the Russian Federation and other branches of the legislation of the Russian Federation used in this Federal Law shall be applied in the sense in which they are used in these branches of the legislation of the Russian Federation, unless otherwise provided by this Federal Law.

Article 2. Scope of this Federal Law and relations regulated by this Federal Law

This Federal Law establishes the legal framework and principles of currency regulation and currency control in the Russian Federation, the powers of currency regulation bodies, and also defines the rights and obligations of residents and non-residents in relation to the possession, use and disposal of currency values, the rights and obligations of non-residents in relation to possession, use and disposal of the currency of the Russian Federation and domestic securities, the rights and obligations of currency control bodies and currency control agents (hereinafter also referred to as currency control bodies and agents).

Article 3. Principles of currency regulation and currency control

The main principles of currency regulation and currency control in the Russian Federation are:

1) the priority of economic measures in the implementation of state policy in the field of currency regulation;

2) exclusion of unjustified interference by the state and its bodies in the currency transactions of residents and non-residents;

3) the unity of the foreign and domestic monetary policy of the Russian Federation;

4) the unity of the system of currency regulation and currency control;

5) ensuring by the state the protection of the rights and economic interests of residents and non-residents in the implementation of foreign exchange transactions.

Article 4

1. The currency legislation of the Russian Federation consists of this Federal Law and federal laws adopted in accordance with it (hereinafter referred to as acts of the currency legislation of the Russian Federation).

Currency regulation bodies shall issue normative legal acts on currency regulation issues (hereinafter referred to as acts of currency regulation bodies) only in the cases provided for by this Federal Law.

2. International treaties of the Russian Federation apply directly to the relations specified in Article 2 of this Federal Law, except in cases where it follows from an international treaty of the Russian Federation that its application requires the issuance of an internal act of the currency legislation of the Russian Federation.

If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the said international treaty shall apply.

3. Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall apply to relations that have arisen after the entry into force of the said acts, except for the cases expressly provided for by this Federal Law or other federal laws.

To relations that arose before the entry into force of the relevant acts of the currency legislation of the Russian Federation and acts of the currency regulation bodies, these acts are applied in terms of the rights and obligations that arose after their entry into force.

4. Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies that establish new obligations for residents and non-residents or worsen their position shall not have retroactive effect.

Acts of the currency legislation of the Russian Federation and acts of currency regulation authorities that lift restrictions on the implementation of currency transactions or otherwise improve the position of residents and non-residents may have retroactive effect if they expressly provide for this.

Acts of the currency legislation of the Russian Federation and acts of currency regulation bodies are subject to official publication.

Unpublished acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall not apply. The requirements of this paragraph do not apply to acts or separate provisions of acts of currency regulation bodies containing information constituting a state secret in accordance with the Law of the Russian Federation of July 21, 1993 N 5485-I "On State Secrets".

5. Currency control bodies may issue currency control acts on issues within their competence (hereinafter referred to as acts of currency control bodies) only in cases and within the limits provided for by the currency legislation of the Russian Federation and acts of currency regulation bodies. Acts of currency control bodies should not contain provisions concerning the regulation of currency transactions.

6. All unremovable doubts, contradictions and ambiguities in acts of the currency legislation of the Russian Federation, acts of currency regulation bodies and acts of currency control bodies shall be interpreted in favor of residents and non-residents.

Chapter 2. Currency regulation

Article 5. Bodies of currency regulation

1. The bodies of currency regulation in the Russian Federation are the Central Bank of the Russian Federation and the Government of the Russian Federation.

2. To implement the functions provided for by this Federal Law, the Central Bank of the Russian Federation and the Government of the Russian Federation issue, within their competence, acts of currency regulation bodies that are binding on residents and non-residents.

If the procedure for carrying out foreign exchange transactions, the procedure for using accounts (including the establishment of a requirement to use a special account) are not established by the currency regulation authorities in accordance with this Federal Law, foreign exchange transactions are carried out, accounts are opened and transactions on accounts are carried out without restrictions. When establishing a requirement to use a special account, the currency regulation authorities are not entitled to impose restrictions that are not provided for by this Federal Law.

3. It is not allowed for the currency regulation bodies to establish a requirement for residents and non-residents to obtain individual permits.

It is not allowed for the currency regulation authorities to establish a requirement for preliminary registration, except for the cases established by Part 3 of Article 12, Part 5 of Article 15 of this Federal Law.

4. The Central Bank of the Russian Federation establishes uniform forms of accounting and reporting on foreign exchange transactions, the procedure and terms for their submission, and also prepares and publishes statistical information on foreign exchange transactions.

5. The Central Bank of the Russian Federation, the Government of the Russian Federation, as well as the federal executive bodies specially authorized to do so by the Government of the Russian Federation, carry out all types of currency transactions regulated by this Federal Law, without restrictions.

Article 6. Currency transactions between residents and non-residents

Currency transactions between residents and non-residents are carried out without restrictions, with the exception of currency transactions provided for in Articles 7, 8 and 11 of this Federal Law, in respect of which restrictions are established in order to prevent a significant reduction in gold and foreign exchange reserves, sharp fluctuations in the exchange rate of the Russian Federation, as well as to maintain stability of the balance of payments of the Russian Federation. These restrictions are non-discriminatory in nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

Article 7

1. Settlements and transfers between residents and non-residents on the terms of residents providing non-residents with a deferred payment for a period of more than three years when exporting goods specified in sections XVI, XVII and XIX of the Commodity Nomenclature for Foreign Economic Activity are carried out in the manner established by the Government of the Russian Federation and provides only establishing a requirement for a resident to reserve for a period until the non-resident fulfills obligations, but not more than two years, of an amount not exceeding the equivalent of 50 percent of the amount determined on the day of the reservation, for which a deferred payment is granted.

The amount of the reservation must be paid by the resident on the expiration date of the three-year period from the day the exported goods actually cross the customs border of the Russian Federation.

2. Settlements and transfers between residents and non-residents on the terms of residents providing non-residents with a deferred payment for a period of more than five years for construction and contract work performed by residents outside the territory of the Russian Federation, as well as for the supplied goods necessary for the performance of these works, are carried out in the manner which is established by the Government of the Russian Federation and provides only for the establishment of a requirement for a resident to reserve for a period until the fulfillment by a non-resident of obligations, but not more than two years, an amount not exceeding the equivalent of 50 percent of the amount determined on the day of the reservation, for which a deferred payment is granted.

The amount of the reservation must be paid by the resident on the expiration date of the five-year period from the date of conclusion of the agreement on the conduct of the relevant construction and contract work between the resident and non-resident, and in the case of export of goods - from the day the exported goods actually cross the customs border of the Russian Federation.

3. Settlements and transfers between residents and non-residents on the terms of residents providing non-residents with a deferral of payment for a period of more than 180 calendar days in connection with the implementation of foreign trade activities, except for the cases provided for in parts 1 and 2 of this article, are carried out in the manner established by the Government of the Russian Federation and provides only for the establishment of a requirement for a resident to reserve for a period until the fulfillment by a non-resident of obligations, but not more than two years, an amount not exceeding the equivalent of 50 percent of the amount determined on the day of the reservation, for which a deferred payment is granted.

The amount of the reservation must be paid by the resident on the expiration day of 180 calendar days from the day the obligations arise in connection with the implementation of foreign trade activities, and in the case of export of goods - from the day the exported goods actually cross the customs border of the Russian Federation.

4. Settlements and transfers between residents and non-residents when residents provide commercial loans to non-residents for a period of more than 180 calendar days in the form of prepayment in connection with the implementation of foreign trade activities, except for the cases provided for by Part 5 of this article, are carried out in the manner established by the Government of the Russian Federation. Federation and provides only for the establishment of a requirement for a resident to reserve for a period until the fulfillment by the non-resident of obligations, but not more than two years, an amount not exceeding the equivalent of 50 percent of the amount of the advance payment determined on the day of the reservation, minus the amount of the counter provision received by the resident from the non-resident.

The reservation amount must be paid by the resident on the expiration day of 180 calendar days from the date of transfer by the resident to the non-resident of funds in the form of advance payment in connection with foreign trade activities.

5. Settlements and transfers between residents and non-residents when residents provide commercial loans to non-residents for a period of more than three years in the form of prepayment for the import of goods specified in sections XVI, XVII and XIX of the Commodity Nomenclature for Foreign Economic Activity, are carried out in the manner established by the Government of the Russian Federation and provides only for the establishment of a requirement for a resident to reserve for a period until the fulfillment of obligations by a non-resident, but not more than two years, an amount not exceeding the equivalent of 50 percent of the amount of the advance payment determined on the day of the reservation, minus the amount of the counter provision received by the resident from the non-resident.

The amount of the reservation must be paid by the resident on the expiration day of the three-year period from the date of transfer by the resident to the non-resident of funds in the form of advance payment for imported goods.

6. Reservation requirements established by Parts 3 and 4 of this Article shall not apply when residents provide non-residents with a deferral of payment or a commercial loan for a period of up to a year, provided that there is security specified in Article 17 of this Federal Law for the fulfillment of obligations of a non-resident to a resident.

7. Settlements and transfers in case of acquisition by residents from non-residents of shares, deposits, shares in property (authorized or share capital, mutual fund, cooperative) of legal entities, when residents make deposits under simple partnership agreements with non-residents, are carried out in the manner established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation and can only provide for:

1) establishing a requirement for the use of a special account by a resident;

2) establishing a requirement for a resident to reserve an amount not exceeding the equivalent of 100 percent of the amount of the currency transaction being carried out for a period not exceeding 60 calendar days.

8. This article shall not apply to foreign exchange transactions of capital movements carried out between resident and non-resident credit institutions.

Article 8

1. Foreign exchange operations of capital movements between residents and non-residents referred to in this article shall be regulated by the Central Bank of the Russian Federation, which may establish only a requirement to use a special account and a reserve requirement.

It is not allowed to establish a requirement to use a special account in cases not expressly established by this Federal Law.

2. The requirement for the use of a special account by a resident may be established by the Central Bank of the Russian Federation when regulating the following currency transactions carried out between residents and non-residents:

1) settlements and transfers when providing credits and loans in foreign currency by residents to non-residents;

2) settlements and transfers upon receipt of credits and loans in foreign currency by residents from non-residents;

5) operations of credit institutions, with the exception of banking operations.

3. The requirement for the use of a special account by a non-resident may be established by the Central Bank of the Russian Federation when regulating the following currency transactions carried out between residents and non-residents:

1) settlements and transfers when providing credits and loans in the currency of the Russian Federation by residents to non-residents;

2) settlements and transfers upon receipt of credits and loans in the currency of the Russian Federation by residents from non-residents;

3) transactions with external securities, including settlements and transfers related to the transfer of external securities (rights certified by external securities);

4) fulfillment by residents of obligations under foreign securities;

5) transactions related to the acquisition by non-residents from residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities (rights certified by domestic securities);

6) transactions related to the acquisition by residents from non-residents of rights to domestic securities, including settlements and transfers related to the transfer of domestic securities (rights certified by domestic securities), as well as the fulfillment by residents of obligations under domestic securities.

4. Settlements and transfers in the course of granting credits and loans in the currency of the Russian Federation by residents to non-residents shall be carried out by crediting the amount of credit or loan to the non-resident's bank account in the currency of the Russian Federation opened with an authorized bank.

5. The Central Bank of the Russian Federation may establish a requirement to reserve an amount not exceeding the equivalent of 100 percent of the amount of a currency transaction being carried out for a period not exceeding 60 calendar days:

1) residents - in the cases specified in paragraphs 1, 3 - 5 of paragraph 2 and paragraphs 1, 3, 4 and 6 of paragraph 3 of this article;

2) non-residents - in the cases specified in clause 3 of part 2 and clause 3 of part 3 of this article.

6. The Central Bank of the Russian Federation may establish a requirement to reserve an amount not exceeding the equivalent of 20 percent of the amount of a foreign exchange transaction being carried out for a period not exceeding one year:

1) residents - in the cases specified in paragraphs 2, 3 and 5 of paragraph 2 and paragraph 3 of paragraph 3 of this article;

2) non-residents - in the cases specified in clause 3 of part 2 and clauses 2, 3 and 5 of part 3 of this article.

7. The Central Bank of the Russian Federation may not simultaneously establish, with regard to one type of foreign exchange transactions, the requirements provided for by parts 5 and 6 of this article.

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

Cash settlements between residents and non-residents on transactions with external securities may be carried out in the currency of the Russian Federation and foreign currency, unless otherwise established by the Central Bank of the Russian Federation as a whole or in relation to certain types of external securities.

9. Currency transactions between individuals - residents and non-residents with external securities, including settlements and transfers related to the acquisition and alienation of external securities (rights certified by external securities), in the amount of up to 150,000 US dollars during the calendar year are carried out no limits.

10. The Central Bank of the Russian Federation shall establish the reserve requirements stipulated by Parts 5 and 6 of this Article in agreement with the Government of the Russian Federation.

The Government of the Russian Federation, within seven working days from the date of receipt of the relevant draft regulatory act of the Central Bank of the Russian Federation, must agree on the proposal of the Central Bank of the Russian Federation to establish a reserve requirement or submit a reasoned refusal to approve it.

11. The Central Bank of the Russian Federation shall have the right to establish the specifics of the application of the requirements provided for by this article to the banking operations of credit institutions.

Article 9. Currency transactions between residents

1. Currency transactions between residents are prohibited, except for:

1) transactions provided for by Parts 2 and 3 of this Article, Part 6 of Article 12 and Part 3 of Article 14 of this Federal Law;

2) transactions related to settlements in duty-free shops, as well as with settlements in the sale of goods and the provision of services to passengers along the route of vehicles in international transportation;

3) transactions between commission agents (agents, attorneys) and principals (principals, principals) when commission agents (agents, attorneys) provide services related to the conclusion and execution of contracts with non-residents on the transfer of goods, the performance of work, the provision of services, the transfer of information and results of intellectual activity, including exclusive rights to them;

4) operations under contracts of transport expedition, transportation and chartering (charter) when the freight forwarder, carrier and charterer provide services related to the transportation of goods exported from the Russian Federation or imported into the Russian Federation, transit transportation of goods through the territory of the Russian Federation, as well as under insurance contracts specified cargoes;

5) transactions with external securities issued on behalf of the Russian Federation, carried out through the organizers of trade in the securities market of the Russian Federation, subject to the registration of rights to such securities in depositories established in accordance with the legislation of the Russian Federation;

6) transactions of legal entities with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation, and settlements are made in the currency of the Russian Federation;

7) transactions related to the implementation of mandatory payments (taxes, fees and other payments) to the federal budget, the budget of a subject of the Russian Federation, the local budget in foreign currency in accordance with the legislation of the Russian Federation.

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

3. Without restrictions, foreign exchange transactions between residents and authorized banks are carried out, related to:

1) with the receipt and repayment of loans and borrowings, the payment of interest and penalties under the relevant agreements;

2) with the deposit of residents' funds to bank accounts (bank deposits) (on demand and for a specified period) and the receipt of residents' funds from bank accounts (bank deposits) (on demand and for a specified period);

3) with bank guarantees, as well as with the fulfillment by residents of obligations under guarantee and pledge agreements;

4) with the acquisition by residents of bills of exchange issued by these or other authorized banks from authorized banks, presenting them for payment, receiving payment on them, including by way of recourse, collecting penalties on them, as well as with the alienation by residents of these bills of exchange to authorized banks in the procedure established by the Federal Law of March 11, 1997 N 48-FZ "On a transfer and promissory note";

5) with the purchase and sale by individuals of cash and non-cash foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of a foreign state ( groups of foreign states), accepting, for sending for collection to banks outside the territory of the Russian Federation, foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, not for the purposes of carrying out entrepreneurial activities by individuals;

6) with the payment of commission to authorized banks;

7) with other currency transactions classified as banking transactions in accordance with the legislation of the Russian Federation.

Article 10. Currency transactions between non-residents

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

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

3. Currency transactions between non-residents on the territory of the Russian Federation in the currency of the Russian Federation are carried out through bank accounts (bank deposits) opened on the territory of the Russian Federation in the manner prescribed by Article 13 of this Federal Law.

Article 11. Domestic foreign exchange market of the Russian Federation

1. Purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, in the Russian Federation is carried out only through authorized banks.

2. The Central Bank of the Russian Federation establishes requirements for credit institutions to draw up documents for the purchase and sale of foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency.

Establishing a requirement for identification of a person when buying and selling by individuals foreign currency in cash and checks (including traveller's checks), the nominal value of which is indicated in foreign currency, is not allowed, except for cases provided for by federal laws.

Personal identification information may be included in documents drawn up during the sale and purchase by an individual of foreign currency in cash and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, at the request of the individual.

3. The Central Bank of the Russian Federation, with the exception of the cases of purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, established by Clause 5 of Part 3 of Article 9 of this Federal Law and Parts 5 and 6 of this Article, establishes the procedure for the sale and purchase of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, by residents who are not individuals and non-residents, which may provide for:

1) establishing a requirement for the use of a special account by residents and non-residents;

2) establishing a requirement for residents to reserve an amount not exceeding the equivalent of 100 percent of the amount of purchased foreign currency for a period not exceeding 60 calendar days prior to the date of the purchase of foreign currency;

3) establishing a requirement for non-residents to reserve an amount not exceeding the equivalent of 20 percent of the amount of foreign currency sold for a period of not more than a year.

4. The Central Bank of the Russian Federation may not simultaneously establish, with respect to one type of foreign exchange transactions, the requirements provided for in clauses 2 and 3 of part 3 of this article.

5. The requirements established in accordance with paragraph 3 of this article shall not apply to the purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, by authorized banks, as well as to the purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, by individuals not for the purpose of their entrepreneurial activities.

6. The requirements established in accordance with part 3 of this article shall not apply if the requirements for reservation have already been established in connection with the implementation of a foreign exchange transaction, for which the purchase and sale of foreign currency and checks (including traveller's checks), the nominal value which is indicated in foreign currency.

Article 12. Accounts of residents in banks located outside the territory of the Russian Federation

1. Residents open without restrictions accounts (deposits) in foreign currency in banks located in the territories of foreign states that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF).

2. Residents are obliged to notify the tax authorities at the place of their registration of the opening (closing) of accounts (deposits) specified in part 1 of this article no later than one month from the date of conclusion (termination) of the agreement on opening an account (deposit) with a bank located outside territory of the Russian Federation.

3. Residents open accounts in banks outside the territory of the Russian Federation in cases not specified in part 1 of this article, in the manner established by the Central Bank of the Russian Federation, which may provide for the establishment of a requirement for preliminary registration of the opened account.

4. Residents have the right to transfer to their accounts (deposits) opened with banks outside the territory of the Russian Federation, funds from their accounts (from deposits) in authorized banks or their other accounts (deposits) opened with banks outside the territory of the Russian Federation.

Transfers by residents of funds to their accounts (to deposits) opened with banks outside the territory of the Russian Federation, from their accounts (from deposits) in authorized banks are carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may only provide for the establishment of a requirement for a resident to reserve an amount not exceeding the equivalent of 100 percent of the amount of the currency transaction being carried out, for a period not exceeding 60 calendar days prior to the day of the currency transaction.

Transfers by residents of funds to their accounts (deposits) opened with banks outside the territory of the Russian Federation, from their accounts (from deposits) in authorized banks are carried out upon presentation to the authorized bank at the first transfer of a notification from the tax authority at the place of registration of the resident about opening an account (deposit ) with a mark on the acceptance of the said notification, except for transactions required in accordance with the legislation of a foreign state and related to the conditions for opening the said accounts (deposits).

If, in accordance with Part 3 of this article, the requirement for preliminary registration of an account (deposit) is established, transfers by residents of funds to their accounts (deposits) opened with banks outside the territory of the Russian Federation are carried out upon presentation to an authorized bank during the first translation of the registration document.

5. Along with the cases specified in Part 4 of this Article, funds received in the cases established by Clauses 1-3 of Part 2 of Article 19 of this Federal law.

6. Resident legal entities shall have the right, without restrictions, to carry out currency transactions with funds credited in accordance with this Federal Law to accounts (deposits) opened with banks outside the territory of the Russian Federation, with the exception of currency transactions between residents.

Individuals - residents have the right to carry out currency transactions without restrictions that are not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited in accordance with this Federal Law to accounts (deposits) opened with banks outside the territory of the Russian Federation .

7. Residents, with the exception of resident individuals, submit to the tax authorities at the place of their registration reports on the movement of funds on accounts (deposits) in banks outside the territory of the Russian Federation with supporting banking documents in the manner established by the Government of the Russian Federation in agreement with the Central Bank Russian Federation. Resident individuals are required to submit to the tax authorities at the place of their registration only a report on the balances of funds on accounts (in deposits) in banks outside the territory of the Russian Federation as of the beginning of each calendar year.

8. The requirements for the procedure for opening accounts (deposits) in banks outside the territory of the Russian Federation, conducting foreign exchange transactions on the said accounts (deposits), as well as submitting reports on the movement of funds on these accounts (deposits), established by this article, do not apply to authorized banks and currency exchanges that open accounts (deposits) in banks outside the territory of the Russian Federation, carry out currency transactions on them and submit reports in the manner established by the Central Bank of the Russian Federation.

Article 13. Accounts (deposits) of non-residents opened on the territory of the Russian Federation

1. Non-residents on the territory of the Russian Federation shall have the right to open bank accounts (bank deposits) in foreign currency and the currency of the Russian Federation only in authorized banks.

2. The procedure for opening and maintaining bank accounts (bank deposits) of non-residents opened on the territory of the Russian Federation, including special accounts, shall be established by the Central Bank of the Russian Federation, unless otherwise provided by this Federal Law.

3. Non-residents have the right to transfer foreign currency and the currency of the Russian Federation without restrictions from their bank accounts (from bank deposits) in banks outside the territory of the Russian Federation to their bank accounts (to bank deposits) in authorized banks.

4. Non-residents have the right to transfer foreign currency without restrictions from their bank accounts (from bank deposits) in authorized banks to their accounts (to deposits) in banks outside the territory of the Russian Federation.

5. Debiting and (or) crediting of funds, internal and external securities from a special account and to a special account of a non-resident shall be carried out in the manner that may provide, if it is established by the Central Bank of the Russian Federation, only:

1) establishment of a requirement for a non-resident to reserve an amount not exceeding the equivalent of 100 percent of the amount of funds and (or) the value of securities debited from a non-resident's account for a period of not more than 60 calendar days;

2) establishment of a requirement for a non-resident to reserve an amount not exceeding the equivalent of 20 percent of the amount of money and (or) the value of securities credited to the account of a non-resident for a period of not more than a year.

Article 14. Rights and obligations of residents in the course of foreign exchange transactions

1. Residents have the right to open bank accounts (bank deposits) in foreign currency in authorized banks without restrictions, unless otherwise provided by this Federal Law.

2. Unless otherwise provided by this Federal Law, settlements in the course of foreign exchange transactions shall be made by resident legal entities through bank accounts in authorized banks, the procedure for opening and maintaining which is established by the Central Bank of the Russian Federation.

Settlements in the course of foreign exchange transactions may be made by resident legal entities through accounts opened in accordance with Article 12 of this Federal Law with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts in accordance with this Federal Law.

3. Settlements in the course of foreign exchange transactions shall be made by resident individuals through bank accounts in authorized banks, the procedure for opening and maintaining which is established by the Central Bank of the Russian Federation, with the exception of the following foreign exchange transactions carried out in accordance with this Federal Law:

1) transfer by a resident natural person of currency valuables as a gift from the Russian Federation, a constituent entity of the Russian Federation and (or) a municipality;

2) donations of currency values ​​to the spouse and close relatives;

3) bequests of currency values ​​or their receipt by inheritance right;

4) acquisition and alienation by a resident individual for the purpose of collecting single banknotes and coins;

5) a transfer by a resident individual from the Russian Federation and to the Russian Federation without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may only limit the amount of the transfer, as well as postal transfer;

6) purchase from an authorized bank or sale to an authorized bank by a resident individual of cash foreign currency, exchange, replacement of banknotes of a foreign state (a group of foreign states), as well as acceptance of cash foreign currency for collection in banks outside the territory of the Russian Federation.

4. Settlements in the course of foreign exchange transactions may be made by resident individuals through accounts opened in accordance with Article 12 of this Federal Law with banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts in accordance with this Federal Law.

5. Write-offs and (or) crediting of funds, domestic and foreign securities from a special account and to a special account of a resident shall be carried out in the manner that may provide, if it is established by the Central Bank of the Russian Federation, only:

1) establishment of a requirement for a resident to reserve an amount not exceeding the equivalent of 100 percent of the amount of money and (or) the value of securities debited from a special account of a resident for a period not exceeding 60 calendar days prior to the day of the currency transaction;

2) establishing a requirement for a resident to reserve an amount not exceeding the equivalent of 20 percent of the amount of money and (or) the value of securities credited to a special account of a resident for a period of not more than a year.

6. The Central Bank of the Russian Federation may not simultaneously establish, with respect to one type of foreign exchange transactions, the requirements provided for by clauses 1 and 2 of part 5 of this article.

7. Residents can make settlements through their bank accounts in any foreign currency with, if necessary, a conversion operation at the rate agreed with the authorized bank, regardless of the foreign currency in which the bank account was opened.

8. Professional participants in the securities market open special brokerage accounts in authorized banks to account for non-residents' funds.

Authorized banks that are professional participants in the securities market independently open and maintain special brokerage accounts to account for the funds of their non-resident clients.

The procedure for opening and maintaining special brokerage accounts for accounting for non-residents' funds is established by the Central Bank of the Russian Federation and may provide for the establishment of a requirement for mandatory full or partial maintenance by authorized banks in which these accounts are opened of the balance of funds on a correspondent account with the Central Bank of the Russian Federation equal to the total balance of funds in special brokerage accounts.

Article 15

1. Import into the Russian Federation of foreign currency and foreign securities in documentary form is carried out by residents and non-residents without restrictions, subject to the requirements of the customs legislation of the Russian Federation.

2. Individuals - residents and individuals - non-residents have the right to export from the Russian Federation foreign currency, as well as external securities in documentary form, previously imported, sent or transferred to the Russian Federation, subject to the requirements of the customs legislation of the Russian Federation within the limits specified in the customs declaration or other document confirming their import, shipment or transfer to the Russian Federation.

3. Individuals - residents and individuals - non-residents have the right to simultaneously export from the Russian Federation cash foreign currency in an amount equal to the equivalent of 10,000 US dollars or not exceeding this amount. At the same time, it is not required to submit to the customs authority documents confirming that the exported foreign currency in cash was previously imported, sent or transferred to the Russian Federation or purchased in the Russian Federation.

In the event of a one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency in an amount equal to the equivalent of 3,000 US dollars or not exceeding this amount, the exported cash foreign currency is not subject to declaration to the customs authority.

In the event of a one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency in an amount exceeding the equivalent of 3,000 US dollars, the exported cash foreign currency is subject to declaration to the customs authority by submitting a written customs declaration for the entire amount of the exported cash foreign currency.

A one-time export from the Russian Federation by individuals - residents and individuals - non-residents of cash foreign currency in an amount exceeding the equivalent of 10,000 US dollars is not allowed, except for the cases provided for by Part 2 of this article.

4. In the event of a one-time export from the Russian Federation by residents and non-residents of foreign currency and foreign securities in documentary form, except for the cases specified in parts 2 and 3 of this article, the exported foreign currency and foreign securities in documentary form shall be subject to declaration to the customs authority by filing written customs declaration.

5. Import and transfer to the Russian Federation and export and transfer from the Russian Federation of the currency of the Russian Federation and domestic securities in documentary form are carried out by residents and non-residents in the manner established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation and may provide for a requirement for prior registration.

Article 16 Reservation

1. In cases established in accordance with this Federal Law, residents and non-residents are required to comply with the reservation requirement. The procedure for reserving and returning the amount of the reservation is established by the Central Bank of the Russian Federation in accordance with the requirements provided for by this Federal Law.

2. The currency regulation body may not establish more than one reserve requirement for one currency transaction.

3. Residents and non-residents deposit the reserve amount in the amount and for the period determined by the currency regulation body in accordance with this Federal Law to a separate account with an authorized bank.

The reservation amount is paid in the currency of the Russian Federation.

The calculation of the amount of the reservation is carried out on the day of its payment. The calculation of the reserve amount for a foreign exchange transaction in foreign currency is carried out at the official rate established by the Central Bank of the Russian Federation on the day the reservation amount is paid.

For the purposes of calculating the amount of the reservation for a currency transaction with external and (or) internal securities, the value of the said securities, determined on the day the amount of the reservation is paid, is equal to the market price of these securities - for securities circulating on the organized securities market, or the actual the selling price of such securities - for securities not traded on the organized securities market, which are determined in accordance with paragraphs 5 and 6 of Article 280 of the Tax Code of the Russian Federation, respectively.

4. The authorized bank, no later than the next business day from the day the resident or non-resident deposits the amount of the reservation, is obliged to deposit an equal amount in the currency of the Russian Federation to an account with the Central Bank of the Russian Federation.

5. In cases established in accordance with Part 7 of Article 7, Part 5 of Article 8, Clause 2 of Part 3 of Article 11, Part 4 of Article 12, Clause 1 of Part 5 of Article 13 and Clause 1 of Part 5 of Article 14 of this Federal Law, the amount of the reserve is paid by a resident or non-resident prior to the implementation of a foreign exchange transaction.

6. In the cases established in accordance with Part 6 of Article 8, Clause 3 of Part 3 of Article 11, Clause 2 of Part 5 of Article 13 and Clause 2 of Part 5 of Article 14 of this Federal Law, the amount of the reservation shall be paid by a resident or non-resident no later than the day of the currency transaction .

7. Prior to the expiration of the reservation period, a resident or non-resident may carry out a currency transaction in respect of which, in accordance with this Federal Law, the reservation requirement has been fulfilled.

Before the expiration of the reservation period, it is not allowed to carry out currency transactions specified in paragraph 3 of part 2 and paragraph 3 of part 3 of Article 8, paragraph 2 of part 3 of Article 11, part 4 of Article 12, paragraph 1 of part 5 of Article 13, paragraph 1 of part 5 of Article 14 of this Federal law.

8. No interest shall accrue on the reservation amounts credited to accounts both with authorized banks and with the Central Bank of the Russian Federation.

9. Authorized banks and the Central Bank of the Russian Federation may not conduct operations with placed reserve amounts on their own behalf or on behalf of other persons, except for the operations specified in this article.

10. Reservation amounts deposited into an account with authorized banks may not be levied on the obligations of authorized banks. In case of bankruptcy of authorized banks, the amounts of the reserve are not included in the bankruptcy estate.

11. The amount of the reservation is subject to return by the Central Bank of the Russian Federation to authorized banks and authorized banks to a resident or non-resident on the day of expiration of the reservation period.

12. Early return full amount or part of the reservation amount is carried out:

1) after the fulfillment of obligations by a non-resident in the cases specified in Parts 1-5 of Article 7 of this Federal Law, in an amount proportional to the amount of the obligation fulfilled by the non-resident;

2) after the return by a non-resident to a resident of a fee or other counter grant received earlier from this resident for the fulfillment by a non-resident of his obligations, in the cases specified in Parts 1-5 of Article 7 of this Federal Law, in an amount proportional to the amount of the grant returned by the non-resident;

3) in the event of a complete refusal of the person who has paid the amount of the reservation to conduct a currency transaction - in an amount equal to the amount of the reservation;

4) in case of refusal of the person, who paid the amount of the reservation, from partial execution of the currency transaction - in the amount proportional to the amount by which the currency transaction was reduced;

5) if it is impossible for a resident or non-resident to fulfill its obligations due to circumstances force majeure- in an amount proportional to the amount of the unfulfilled obligation;

6) in case of recognition of the person who contributed the amount of the reservation as insolvent (bankrupt) - in an amount proportional to the amount of the reservation;

7) in the event that the relevant currency regulation body decides to cancel the reserve requirement or a decision to reduce the amount of the reserve - in the appropriate amount.

13. Early return by the Central Bank of the Russian Federation of the full amount of the reservation or a part thereof to authorized banks and authorized banks to a resident or non-resident shall be carried out no later than two business days from the date of submission by the resident or non-resident of documents confirming the existence of grounds for the early return of the full amount of the reservation or its part, specified in part 12 of this article.

14. In cases where, in accordance with this Federal Law, a reserve requirement has been established for credit institutions, the amounts of the reserve shall be deposited by credit institutions directly into an account with the Central Bank of the Russian Federation.

Residents who are not credit institutions and non-residents may deposit the reserve amount directly to an account with the Central Bank of the Russian Federation only in cases where, in accordance with federal laws, the Central Bank of the Russian Federation is entitled to serve customers who are not credit institutions.

15. The authorized bank is obliged to pay to the resident or non-resident a penalty fee for the delay in repayment of the reservation amount, which occurred through the fault of the authorized bank, in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time. Penalties are charged for each calendar day of delay.

Article 17

1. For the purposes of this Federal Law, the following can be used as ways to ensure the fulfillment of a non-resident's obligation to a resident:

1) an irrevocable letter of credit covered at the expense of the payer under the letter of credit, provided that the executing bank is an authorized bank or a bank outside the territory of the Russian Federation;

2) bank guarantee bank outside the territory of the Russian Federation, issued in favor of a resident;

3) contract property insurance risk of loss (destruction), shortage or damage to property due to a resident, risk of civil liability of a non-resident, entrepreneurial risk of a resident, including non-receipt by a resident or non-return of funds to him or non-return or non-delivery of goods to him;

4) a promissory note issued by a non-resident in favor of a resident and avalized by a bank outside the territory of the Russian Federation.

2. The criteria to be met by a bank outside the territory of the Russian Federation, for the purposes of part 1 of this article, are established by the Central Bank of the Russian Federation.

Article 18 Pre-registration

1. Preliminary registration of an account (deposit) opened with a bank outside the territory of the Russian Federation shall be carried out by the tax authorities at the place of registration of the resident.

Preliminary registration of the export, transfer from the Russian Federation of the currency of the Russian Federation and domestic securities in documentary form, as well as the importation, transfer to the Russian Federation of the currency of the Russian Federation and domestic securities in documentary form is carried out by the federal executive body authorized by the Government of the Russian Federation, which is the currency control.

The procedure for preliminary registration is established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation, taking into account the requirements provided for by this article.

2. In the cases established in accordance with this Federal Law, a resident must apply for preliminary registration before opening an account (deposit) with a bank outside the territory of the Russian Federation, a resident or non-resident - before the export, transfer from the Russian Federation of the currency of the Russian Federation and (or ) domestic securities in documentary form, as well as before the import, transfer to the Russian Federation of the currency of the Russian Federation and (or) domestic securities in documentary form.

3. For preliminary registration of an account (deposit) opened with a bank outside the territory of the Russian Federation, a resident must submit the following documents:

1) an application for preliminary registration, containing, among other things, the name of the country of opening an account (deposit) and the full name of the bank in which the account (deposit) is opened;

4. For the preliminary registration of the import, transfer to the Russian Federation, export, transfer from the Russian Federation of the currency of the Russian Federation and (or) domestic securities in documentary form, a resident or non-resident must submit the following documents:

1) an application for preliminary registration, containing, among other things, an indication of the amount of the currency of the Russian Federation imported and sent to the Russian Federation and (or) domestic securities in documentary form, an indication of the amount of the amount of the currency of the Russian Federation and (or) exported and sent from the Russian Federation domestic securities in documentary form;

2) a copy of the document proving his identity;

3) certificate of state registration of an individual as an individual entrepreneur;

4) a document on state registration of a legal entity;

5) a certificate of assignment of codes of forms of federal state statistical observation (for individual entrepreneurs and legal entities).

5. The documents specified in Parts 3 and 4 of this Article shall be submitted subject to the requirements provided for by Part 5 of Article 23 of this Federal Law.

6. Consideration of an application for preliminary registration is carried out by the relevant body within 10 working days from the date of receipt of the said application.

Upon the expiration of the specified period, the relevant body is obliged to carry out preliminary registration (issue a registration document) or submit a reasoned refusal to pre-register.

7. Refusal to pre-register is allowed only in the following cases:

1) failure to submit a complete set of documents required for preliminary registration;

2) if the submitted documents do not meet the requirements of the legislation of the Russian Federation, including this Federal Law;

3) detection in the submitted documents of false information, contradictory or inconsistent information;

4) if on the day of the resident's application for preliminary registration an account (deposit) in a bank outside the territory of the Russian Federation is opened by him;

5) if on the day of the application of a resident or non-resident for preliminary registration, the currency of the Russian Federation and (or) domestic securities in documentary form have been taken out of the Russian Federation by them;

6) if on the day of the resident's or non-resident's application for preliminary registration, the currency of the Russian Federation and (or) domestic securities in documentary form are imported by them into the Russian Federation;

7) introduction, in accordance with federal laws, of a ban on opening an account (deposit) in a bank outside the territory of the Russian Federation, on carrying out operations involving the transfer of funds to the specified account (deposit), on the export of the currency of the Russian Federation, domestic securities in documentary form, as well as for the import into the Russian Federation of the currency of the Russian Federation and domestic securities in documentary form.

8. Refusal to pre-register in cases not specified in Part 7 of this Article, including refusal based on the lack of economic feasibility of opening an account (deposit) in a bank outside the territory of the Russian Federation and performing foreign exchange transactions, is not allowed.

Chapter 3

Article 19. Repatriation by residents of foreign currency and currency of the Russian Federation

1. When exercising foreign trade activities, residents, unless otherwise provided by this Federal Law, are obliged, within the time limits stipulated by foreign trade agreements (contracts), to ensure:

1) receipt from non-residents to their bank accounts in authorized banks of foreign currency or the currency of the Russian Federation due in accordance with the terms of these agreements (contracts) for goods transferred to non-residents, work performed for them, services rendered to them, information transferred to them and results of intellectual activity , including exclusive rights to them;

2) return to the Russian Federation of funds paid to non-residents for goods not imported into the customs territory of the Russian Federation (not received in the customs territory of the Russian Federation), work not performed, services not rendered, information and results of intellectual activity not transferred, including exclusive rights to them.

2. Residents have the right not to credit their bank accounts with authorized banks in foreign currency or the currency of the Russian Federation in the following cases:

1) when transferring foreign exchange earnings to the accounts of legal entities - residents or third parties in banks outside the territory of the Russian Federation - in order to fulfill the obligations of legal entities - residents under loan agreements and loan agreements with non-resident organizations that are agents of the governments of foreign states, as well as under loan agreements and loan agreements concluded with residents of OECD or FATF member states for a period of more than two years;

2) when customers (non-residents) pay local expenses of residents related to the construction by residents of facilities in the territories of foreign states - for the construction period, after which the remaining funds are subject to transfer to residents' accounts opened with authorized banks;

3) when using foreign currency received by residents from holding exhibitions, sports, cultural and other similar events outside the territory of the Russian Federation, to cover the costs of holding them - for the period of these events;

4) when offsetting counterclaims for obligations between non-residents and residents that are transport organizations, or between non-residents and residents engaged in fishing outside the customs territory of the Russian Federation.

3. Foreign currency credited in accordance with paragraphs 1 and 3 of part 2 of this article to the accounts of residents or third parties in banks outside the territory of the Russian Federation must be used for the purpose of fulfilling by residents of their obligations under paragraphs 1 and 3 of part 2 of this article, respectively. articles, or transferred to residents' accounts opened with authorized banks.

Article 20. Transaction passport

1. In order to ensure accounting and reporting on foreign exchange transactions in accordance with this Federal Law, the Central Bank of the Russian Federation may establish uniform rules for residents to issue transaction passports in authorized banks when carrying out foreign exchange transactions between residents and non-residents.

2. The transaction passport must contain information necessary to ensure accounting and reporting on foreign exchange transactions between residents and non-residents. The specified information is reflected in the transaction passport on the basis of supporting documents available to residents.

3. The transaction passport may be used by bodies and agents of currency control for the purposes of exercising currency control in accordance with this Federal Law.

Article 21 foreign exchange market Russian Federation

1. Mandatory sale of a part of the foreign exchange earnings of residents (individual entrepreneurs and legal entities) is carried out in the amount of 30 percent of the amount of foreign exchange earnings, unless another amount is established by the Central Bank of the Russian Federation. The Central Bank of the Russian Federation shall have the right to establish a different amount of the mandatory sale of a part of the foreign exchange earnings of these residents, but not more than 30 percent of its amount.

2. Mandatory sale of a part of foreign exchange earnings is carried out on the basis of an order of a resident (an individual - an individual entrepreneur and a legal entity) no later than seven working days from the date of its receipt to the resident's bank account in an authorized bank.

3. The object of compulsory sale is the foreign exchange earnings of residents (individual entrepreneurs and legal entities), which includes foreign currency receipts due to residents from non-residents under transactions concluded by residents or on their behalf, providing for the transfer of goods, performance of work, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them, in favor of non-residents, except for:

1) amounts in foreign currency received by the Government of the Russian Federation and federal executive bodies authorized by it. the Central Bank of the Russian Federation from operations and transactions carried out by them (or on their behalf and (or) at their expense) within their competence;

2) amounts in foreign currency received by authorized banks from their banking operations and other transactions, in accordance with the Federal Law "On Banks and banking"(as amended by the Federal Law of February 3, 1996 N 17-FZ);

3) foreign exchange earnings of residents within the amount necessary to fulfill the obligations of residents under loan agreements and loan agreements with non-resident organizations that are agents of the governments of foreign states, as well as under loan agreements and loan agreements concluded with residents of OECD or FATF member states on over two years;

4) amounts in foreign currency received under transactions involving the transfer of external equity securities (rights to foreign equity securities).

4. The list of foreign currency subject to mandatory sale on the domestic foreign exchange market of the Russian Federation is determined by the Central Bank of the Russian Federation.

5. To reduce the amount of residents' foreign exchange earnings subject to mandatory sale, the following expenses and other payments related to the execution of relevant transactions, settlements for which are carried out in accordance with this Federal Law in foreign currency, are taken into account:

1) payment for transportation, insurance and freight forwarding;

2) payment of export customs duties, as well as customs fees;

3) payment of commission to credit institutions, as well as payment for the performance of the functions of currency control agents;

4) other expenses and payments for operations, the list of which is determined by the Central Bank of the Russian Federation.

6. Mandatory sale of a part of residents' foreign exchange earnings is carried out in the manner established by the Central Bank of the Russian Federation through authorized banks to the Central Bank of the Russian Federation.

The mandatory sale of a part of residents' foreign exchange earnings may be carried out in the manner established by the Central Bank of the Russian Federation, directly to authorized banks and (or) on currency exchanges through authorized banks or directly to the Central Bank of the Russian Federation.

7. Mandatory sale of a part of residents' foreign exchange earnings is carried out at the exchange rate of foreign currencies to the currency of the Russian Federation, which is formed in the domestic foreign exchange market of the Russian Federation on the day of sale.

8. Privileges for the mandatory sale of a part of the foreign exchange earnings of residents, as well as the exemption of residents from the mandatory sale of a part of the foreign exchange earnings are established by acts of the currency legislation of the Russian Federation.

Chapter 4. Currency control

Article 22

1. Currency control in the Russian Federation is carried out by the Government of the Russian Federation, currency control bodies and agents in accordance with this Federal Law and other federal laws.

2. The bodies of currency control in the Russian Federation are the Central Bank of the Russian Federation, the federal body (federal bodies) of executive power authorized (authorized) by the Government of the Russian Federation.

3. Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, as well as professional participants in the securities market that are not authorized banks, including register holders (registrars) reporting to the federal executive body for the securities market, and territorial bodies of federal executive authorities that are currency control bodies.

4. The Central Bank of the Russian Federation exercises control over the performance of currency transactions by credit institutions, as well as currency exchanges.

5. Control over the implementation of currency transactions by residents and non-residents who are not credit institutions or currency exchanges is carried out within their competence by the federal executive bodies that are currency control bodies and currency control agents.

6. The Government of the Russian Federation ensures the coordination of activities in the field of currency control of the federal executive bodies that are currency control bodies, as well as their interaction with the Central Bank of the Russian Federation.

The Government of the Russian Federation ensures the interaction of professional participants in the securities market that are not authorized banks as currency control agents with the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation interacts with other currency control bodies and ensures the interaction of authorized banks with them as currency control agents in accordance with the legislation of the Russian Federation.

Article 23. Rights and obligations of bodies and agents of currency control and their officials

1. Bodies and agents of currency control and their officials, within their competence and in accordance with the legislation of the Russian Federation, have the right to:

1) carry out inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;

3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintenance of accounts. The obligatory period for submission of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.

2. Bodies of currency control and their officials, within their competence, have the right:

1) issue orders to eliminate revealed violations of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to apply the measures of responsibility established by the legislation of the Russian Federation for violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies.

3. The procedure for the submission by residents and non-residents of supporting documents and information when performing foreign exchange operations to foreign exchange control agents is established:

1) for submission to currency control agents, with the exception of authorized banks, - by the Government of the Russian Federation;

2) for presentation to authorized banks - by the Central Bank of the Russian Federation.

4. For the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to the performance of currency transactions, opening and maintenance of accounts:

1) documents proving the identity of an individual;

2) a document on state registration of an individual as an individual entrepreneur;

3) documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;

4) certificate of registration with the tax authority;

5) documents certifying the rights of persons to real estate;

6) documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;

7) notification of the tax authority at the place of registration of the resident about opening an account (deposit) in a bank outside the territory of the Russian Federation;

8) registration documents in cases where preliminary registration is provided for in accordance with this Federal Law;

9) documents (draft documents) that are the basis for conducting foreign exchange transactions, including contracts (agreements, contracts), powers of attorney, extracts from the minutes of the general meeting or other management body of the legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of work, provision of services), information and results of intellectual activity, including exclusive rights to them, acts of state bodies;

10) documents drawn up and issued by credit institutions, including bank statements; documents confirming the performance of foreign exchange transactions;

11) customs declarations, documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and external and internal securities in documentary form;

12) transaction passport.

5. Currency control agents shall have the right to require the submission of only those documents that are directly related to the ongoing currency transaction.

All documents must be valid on the day of submission to currency control agents. At the request of a currency control agent, duly certified translations into Russian of documents executed in full or in any part in a foreign language are submitted. Documents issued by state bodies of foreign states, confirming the status of legal entities - non-residents, must be legalized in the prescribed manner. Foreign official documents may be submitted without their legalization in cases stipulated by an international treaty of the Russian Federation.

Documents are submitted to currency control agents in the original or in the form of a duly certified copy. If only a part of the document is relevant to conducting a foreign exchange transaction or opening an account, a certified extract from it may be submitted.

Authorized banks refuse to carry out a foreign exchange transaction, as well as to open an account if a person fails to submit the documents required on the basis of part 4 of this article and this part, or submits unreliable documents.

The original documents are accepted by currency control agents for familiarization and are returned to the persons who submitted them. In this case, copies certified by the currency control agent are placed in the currency control materials.

6. Currency control authorities, tax authorities that carry out preliminary registration in accordance with this Federal Law, within their competence, are obliged to consider applications from residents for preliminary registration required in accordance with this Federal Law, and make a decision on preliminary registration or refusal to registration.

7. Currency control agents and their officials are obliged to:

1) exercise control over the observance by residents and non-residents of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) provide the currency control bodies with information on currency transactions conducted with their participation, in the manner prescribed by the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies.

8. Bodies and agents of currency control and their officials are obliged to keep, in accordance with the legislation of the Russian Federation, commercial, banking and official secrets that became known to them in the exercise of their powers.

9. Bodies and agents of currency control, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank outside the territory of the Russian Federation, sanctions against which are applied in accordance with by the legislation of the Russian Federation by another currency control body, transfer the following information to the currency control body that has the right to apply sanctions to this person:

1) in relation to a legal entity - the name, taxpayer identification number, place of state registration, its legal and postal addresses, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or violation;

2) in relation to an individual - last name, first name, patronymic, details of an identity document, address of residence, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or the said violation.

10. Authorized banks transmit information in accordance with part 9 of this article in the manner established by the Central Bank of the Russian Federation.

11. Currency control bodies and agents shall submit to the currency control body authorized by the Government of the Russian Federation the documents and information necessary for the performance of its functions in the amount and procedure established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

12. Bodies and agents of currency control and their officials shall bear responsibility, provided for by the legislation of the Russian Federation, for failure to perform the functions established by this Federal Law, as well as for their violation of the rights of residents and non-residents.

Article 24. Rights and obligations of residents and non-residents

1. Residents and non-residents carrying out currency transactions in the Russian Federation shall have the right to:

1) get acquainted with the acts of inspections carried out by the bodies and agents of currency control;

2) to appeal against decisions and actions (inaction) of bodies and agents of currency control and their officials in the manner established by the legislation of the Russian Federation;

3) for compensation, in accordance with the procedure established by the legislation of the Russian Federation, for real damage caused by unlawful actions (inaction) of currency control bodies and agents and their officials.

2. Residents and non-residents carrying out currency transactions in the Russian Federation are obliged to:

1) submit documents and information to the bodies and agents of currency control, which are provided for in Article 23 of this Federal Law;

2) keep records and draw up reports on their foreign exchange transactions in accordance with the established procedure, ensuring the safety of the relevant documents and materials for at least three years from the date of the relevant foreign exchange transaction, but not earlier than the date of execution of the contract;

3) to comply with the instructions of the currency control bodies to eliminate the identified violations of the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies.

Article 25

Residents and non-residents who have violated the provisions of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies shall be liable in accordance with the legislation of the Russian Federation.

Chapter 5. Final Provisions

Article 26. Entry into force of this Federal Law

1. This Federal Law shall enter into force six months after its official publication, with the exception of:

1) Part 2 of Article 22 of this Federal Law, which shall enter into force on the day of the official publication of this Federal Law;

2) Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law in relation to the procedure for opening and using accounts of resident legal entities in banks outside the territory of the Russian Federation, which come into force in relation to the specified procedure after one year from the date of entry into force of this Federal Law.

2. Prior to the entry into force of Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law with respect to the procedure for opening and using accounts of legal entities - residents in banks outside the territory of the Russian Federation, legal entities - residents open accounts in banks outside outside the territory of the Russian Federation in the manner prescribed by paragraph one of paragraph 2 of Article 5 and Article 61 of the Law of the Russian Federation of October 9, 1992 N 3615-I "On currency regulation and currency control".

3. Clause 10 of Part 1 of Article 1, Articles 7 and 8, Parts 3 and 4 of Article 11, Parts 3 and 4 of Article 12, Parts 5 and 6 of Article 13, Parts 5 and 6 of Article 14, Article 16, Articles 17 and 21 of this The federal law is valid until January 1, 2007.

From January 1, 2007, part 2 of Article 12 of this Federal Law shall be in force in relation to all accounts opened by residents in banks outside the territory of the Russian Federation.

Article 27

1) clause 2 of article 11 of the Law of the Russian Federation of October 9, 1992 N 3615-I "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, article 2542);

2) Paragraph four of Clause 5 of Article 1 of Federal Law No. 72-FZ of May 31, 2001 "On Introducing Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 23, Art. 2290).

2. From the date of entry into force of this Federal Law, to recognize as invalid:

1) Law of the Russian Federation of October 9, 1992 N 3615-I "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 45, article 2542), with the exception of paragraph one of clause 2 articles 5, articles 61 in relation to the rules governing the procedure for opening by legal entities - residents of accounts in banks outside the territory of the Russian Federation;

2) Article 20 of Federal Law No. 192-FZ of December 29, 1998 "On Priority Measures in the Field of Budgetary and Tax Policy" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 1, Art. 1);

3) Federal Law No. 128-FZ of July 5, 1999 "On Making Amendments to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1999, No. 28, Art. 3461);

4) paragraphs 1 - 3, 5 and 6 of Article 1 of the Federal Law of May 31, 2001 N 72-FZ "On the Introduction of Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Collected Legislation of the Russian Federation, 2001, N 23, article 2290);

5) Federal Law No. 130-FZ of August 8, 2001 "On Amendments to Certain Legislative Acts of the Russian Federation Affecting Currency Regulation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 33, Art. 3432);

6) paragraphs fourteen - eighteen of Article 3 of the Federal Law of December 30, 2001 N 196-FZ "On the Enactment of the Code of the Russian Federation on Administrative Offenses" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, Art. 2);

7) Article 5 of the Federal Law of December 31, 2002 N 187-FZ "On Amendments and Additions to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, N 1, Art. 2 );

8) Federal Law No. 192-FZ of December 31, 2002 "On Amending Article 5 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 1, Article 7);

9) Federal Law No. 28-FZ of February 27, 2003 "On Amendments and Additions to Articles 6 and 8 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 9, Article 804) ;

10) Federal Law No. 116-FZ of July 7, 2003 "On Amendments to Article 6 of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2003, No. 28, Article 2885).

3. From the date of entry into force of Part 3 of Article 5, Article 12, Paragraph 2 of Part 2 of Article 14 of this Federal Law with regard to the procedure for opening and using accounts of resident legal entities in banks outside the territory of the Russian Federation, the following shall be recognized as invalid:

1) Law of the Russian Federation of October 9, 1992 N 3615-I "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N45, art. 2542);

2) Decree of the Supreme Council of the Russian Federation of October 9, 1992 N 3616-I "On the reconsideration of the Law of the Russian Federation "On currency regulation and currency control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N45, art. 2543);

3) Decree of the Supreme Council of the Russian Federation of October 9, 1992 N 3617-I "On the Enactment of the Law of the Russian Federation "On Currency Regulation and Currency Control" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N45, Art. .2544);

4) Federal Law No. 72-FZ of May 31, 2001 "On Introducing Amendments and Additions to the Law of the Russian Federation "On Currency Regulation and Currency Control" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 23, Art. 2290).

Article 28

1. The restrictions established in accordance with this Federal Law shall not apply to foreign exchange transactions, accounts (including their regime) of residents in banks outside the territory of the Russian Federation, as well as to cases of non-crediting of the foreign currency received by him to the accounts of a resident in authorized banks, if for the purpose of making foreign exchange transaction, opening such an account, as well as non-crediting of foreign currency by a resident prior to the entry into force of this Federal Law, permissions of the currency control body were obtained.

In this case, residents during the period of validity of these permits must be guided by their conditions, taking into account the specifics established by this article.

Permits obtained by residents prior to the entry into force of this Federal Law shall not apply to foreign exchange operations, the procedure for opening bank accounts outside the territory of the Russian Federation and the performance of operations on them, as well as cases of non-crediting of foreign currency, unless they are expressly provided for by these permits.

2. This Article shall apply to permits obtained by residents prior to the entry into force of this Federal Law, if the following specified in the permits remain unchanged:

1) a resident who has received a permit (with the exception of cases when an individual changes his last name, first name and (or) patronymic in the manner established by the legislation of the Russian Federation, other data of an identity document, changes in the name, organizational and legal form, other data of a legal entity, including information on state registration, taxpayer identification number, codes of forms of federal state statistical observation);

3) the amount of the currency transaction;

4) terms of carrying out a currency transaction or opening an account;

5) counting mode;

6) counterparties of the resident specified in the permit (except for cases when an individual changes his last name, first name and (or) patronymic in the manner prescribed by the legislation of the Russian Federation or a foreign state, other data of an identity document, changes in the name, organizational and legal form, other data of a legal entity, including information on state registration, taxpayer identification number, codes of forms of federal state statistical observation);

7) conditions for non-crediting to the accounts of a resident in authorized banks of the foreign currency received by him.

3. The resident is obliged to submit the information provided for by permits in the manner prescribed by these permits.

4. The rights and (or) obligations under the permits specified in this article cannot be transferred to third parties.

5. Currency control authorities are not entitled to make changes or additions to the permits issued by them, including extending their validity, from the date of entry into force of this Federal Law.

6. When changing any of the conditions specified in the permits, in cases permitted in accordance with part 2 of this article, the resident to whom the permit was issued is obliged to report new data to the authority that issued the permit within 10 working days from the date of their changes with the attachment of copies of the relevant documents.

7. The interpretation of the terms and conditions of the permits specified in this article is carried out in accordance with the regulatory legal acts in force on the day these permits were issued.

8. Upon the expiration of the permits, the restrictions established in accordance with this Federal Law shall apply to foreign exchange transactions and the procedure for using accounts that will be carried out or used in the future.

9. When a resident carries out foreign exchange transactions, opens accounts with banks outside the territory of the Russian Federation, conducts transactions on them, as well as when foreign currency is not credited to the resident's accounts with authorized banks in violation of the provisions of this article and the conditions of permits received before entry into force of this Federal Law, the currency control body that issued the said permit, by its act, issued, inter alia, on the proposal of another currency control body, terminates this permit.

In this case, the rules established by paragraph 8 of this article shall apply.

The president
Russian Federation
V. Putin

Expert opinion

Vladimir Chikin, Partner of the Customs Law Practice and foreign trade, Elena Belozerova, Head of Foreign Trade, Customs and Currency Regulation, Goltsblat BLP.

On November 14, 2017, the Federal Law of November 14, 2017 “On Amendments to Articles 19 and 23 of the Federal Law “On Currency Regulation and Currency Control” and the Code of Administrative Offenses of the Russian Federation” (hereinafter referred to as the “Law”) was published, effective May 14, 2018

The law establishes new requirements regarding the repatriation of foreign exchange earnings and foreign exchange transactions, and also changes some rules on administrative responsibility for violations of foreign exchange legislation.

The main provisions of the Law are as follows:

1. A requirement is introduced to indicate in foreign trade contracts concluded between residents and non-residents, specific deadlines for the fulfillment of obligations by the parties.

2. Residents must provide authorized banks with information on the specific terms for receiving foreign currency or the currency of the Russian Federation from non-residents for the fulfillment of obligations under a foreign trade contract, as well as information on the specific terms for the fulfillment by non-residents of obligations under foreign trade contracts by transferring goods to residents, performing work for them, providing services to them, transfer of information and results of intellectual activity to them on account of advance payments made by residents (currently, there is a rule on providing information on the expected maximum terms for receiving foreign exchange earnings from non-residents or fulfilling obligations by non-residents to transfer goods, perform work, provide services or transfer information and results of intellectual activity).

3. A requirement is introduced for residents to provide authorized banks with information on the timing of the return of advance payments made in favor of non-residents, in accordance with the terms of foreign trade contracts.

4. The list of grounds for refusing to carry out foreign exchange transactions by authorized banks has been supplemented. Banks will not conduct transactions if they do not meet the requirements for foreign exchange transactions between residents, if they violate the requirements for the use of residents' accounts in foreign banks and if transactions violate the rules on the rights and obligations of residents, established respectively by Articles 9, 12 and 14 of the Federal Law "On currency regulation and currency control in the Russian Federation" dated December 10, 2013 (hereinafter - "FZ "On currency regulation"). Also, banks will refuse to conduct foreign exchange transactions if they do not meet the requirements of other acts of the currency legislation of the Russian Federation, if the documents submitted by the resident do not meet the requirements of the Federal Law "On Foreign Exchange Regulation", as well as in case of failure to submit the documents listed in Part 4 of Article 23 of the Federal Law "On currency regulation". Residents will be notified by banks of the refusal to carry out a foreign exchange transaction in writing no later than a business day from the date of the relevant decision.

5. The concept of "official" is being changed in relation to the offenses established by parts 1, 4, 4.1 and 5 of the article. Currently, by virtue of Note 1 to Article 15.25 of the Code of Administrative Offenses of the Russian Federation, officials for the purposes of applying the specified parts of Article 15.25 of the Code of Administrative Offenses of the Russian Federation are understood to be persons engaged in entrepreneurial activities without forming a legal entity. The law cancels this note and in this situation one should be guided by general provisions on the responsibility of officials established by Article 2.4 of the Code of Administrative Offenses of the Russian Federation. Thus, for the implementation of illegal foreign exchange transactions and violation of the requirements for the repatriation of foreign exchange earnings, not only legal entities, but also their managers and other employees performing organizational and administrative or administrative and economic functions will be held administratively liable. The sanctions of parts 1, 4, 4.1 and 5 of Article 15.25 of the Code of Administrative Offenses for officials in all cases provide for punishment in the form of a fine in the amount of 20 to 30 thousand rubles.

6. Simultaneously with the above changes, responsibility is introduced for the commission of offenses provided for by parts 1, 4, 4.1 and 5 of Article 15.25 of the Code of Administrative Offenses of the Russian Federation, by officials previously subjected to administrative punishment for a similar administrative offense (part 5.1 of Article 15.25 of the Code of Administrative Offenses of the Russian Federation). In this case, the official is subject to disqualification for a period of six months to three years, which is appointed by the court. general jurisdiction. The Law does not stipulate what should be considered a similar offense for the purposes of applying Part 5.1 of Article 15.25 of the Code of Administrative Offenses of the Russian Federation, which in practice can lead to controversial situations. In turn, to determine whether an official was previously subjected to an administrative penalty, one should be guided by the provisions of Article 4.6 of the Code of Administrative Offenses of the Russian Federation, which provides that a person is considered punished from the date the decision on imposing an administrative penalty comes into force until one year from the date of completion of this decision.

7. The procedure for calculating the fines provided for in parts 4 and 5 of Article 15.25 of the Code of Administrative Offenses of the Russian Federation is being changed. The key rate of the Central Bank of the Russian Federation will be used instead of the refinancing rate of the Central Bank of the Russian Federation to determine the percentage coefficient applied to the base for calculating fines (the amounts of funds untimely credited or returned to accounts in authorized banks).

1. Bodies and agents of currency control and their officials, within their competence and in accordance with the legislation of the Russian Federation, have the right to:

1) carry out inspections of compliance by residents and non-residents with acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to check the completeness and reliability of accounting and reporting on currency transactions of residents and non-residents;

3) request and receive documents and information related to the conduct of foreign exchange transactions, opening and maintenance of accounts. The obligatory period for submission of documents at the request of bodies and agents of currency control may not be less than seven working days from the date of submission of the request.

2. Bodies of currency control and their officials, within their competence, have the right:

1) issue orders to eliminate revealed violations of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) to apply the measures of responsibility established by the legislation of the Russian Federation for violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies.

3. The procedure for the submission by residents and non-residents of supporting documents and information when performing foreign exchange transactions is established:

1) for submission to federal executive bodies authorized by the Government of the Russian Federation - by the Government of the Russian Federation;

2) for submission to currency control agents - by the Central Bank of the Russian Federation.

4. For the purpose of exercising currency control, currency control agents, within their competence, have the right to request and receive from residents and non-residents the following documents (copies of documents) related to the performance of currency transactions, opening and maintenance of accounts:

1) documents proving the identity of an individual;

2) a document on state registration of an individual as an individual entrepreneur;

3) documents certifying the status of a legal entity - for non-residents, a document on state registration of a legal entity - for residents;

4) certificate of registration with the tax authority;

5) documents certifying the rights of persons to real estate;

6) documents certifying the rights of non-residents to carry out foreign exchange transactions, open accounts (deposits), drawn up and issued by the authorities of the country of residence (place of registration) of the non-resident, if the receipt by the non-resident of such a document is provided for by the legislation of a foreign state;

7) notification of the tax authority at the place of registration of the resident on the opening of an account (deposit) in a bank and (or) other organization financial market located outside the territory of the Russian Federation;

8) registration documents in cases where preliminary registration was provided for in accordance with this Federal Law;

9) documents (draft documents) that are the basis for conducting foreign exchange transactions, including agreements (agreements, contracts) and additions and (or) amendments to them, powers of attorney, extracts from the minutes of the general meeting or other management body of the legal entity; documents containing information on the results of the auction (if any); documents confirming the transfer of goods (performance of work, provision of services), information and results of intellectual activity, including exclusive rights to them, acts of state bodies; invoices; bills of exchange;

10) documents drawn up and issued by credit institutions, including bank control records, bank statements; documents confirming the performance of foreign exchange transactions, including those issued by banks located outside the territory of the Russian Federation;

11) customs declarations, documents confirming the import into the Russian Federation and export from the Russian Federation of goods, the currency of the Russian Federation, foreign currency and external and internal securities in documentary form;

12) transaction passport.

13) documents confirming that individuals are spouses or close relatives, including documents issued by civil registry offices (marriage certificate, birth certificate), court decisions that have entered into force on establishing the fact of family or kinship relations, adoption (adoption), establishing paternity, as well as entries in passports about children, about a spouse and other documents provided for by the legislation of the Russian Federation;

14) documents confirming the fact of stay of natural persons - residents outside the territory of the Russian Federation, documents confirming the facts of entry into the Russian Federation and (or) exit from the Russian Federation;

15) financing contracts for assignment monetary claim(factoring) specified in Part 4 of Article 9 of this Federal Law, and (or) agreements on the subsequent assignment of a monetary claim;

16) written notices of assignment (subsequent assignment) of a monetary claim to a financial agent (factor);

17) documents confirming the performance of transactions and settlements in accordance with Part 5 of Article 19 of this Federal Law;

18) documents confirming the fact of temporary stay in a foreign state of employees (employees) of diplomatic missions, consular offices of the Russian Federation, permanent missions of the Russian Federation at international (interstate, intergovernmental) organizations, other official representative offices of the Russian Federation and representative offices of federal executive bodies located outside outside the territory of the Russian Federation, members of their families who left together with them (husband, wife, children under the age of eighteen, children older than this age who became disabled before they reached the age of eighteen), as well as citizens of the Russian Federation who are employees of international ( interstate, intergovernmental) organizations issued by the relevant state authorities of the Russian Federation and international organizations;

19) insurance contracts specified in Part 4 of Article 19 of this Federal Law, documents confirming the conclusion of transactions specified in Part 4.1 of Article 19 of this Federal Law, and other related documents, including those confirming transactions and settlements;

20) documents confirming the right of a resident individual to carry out entrepreneurial activities without forming a legal entity in the territory of the foreign state of his residence, issued in accordance with the legislation of such a foreign state;

21) documents confirming the fulfillment or termination of obligations of non-residents under foreign trade agreements (contracts) concluded between residents and non-residents, in accordance with Part 4 of Article 24 of this Federal Law;

22) agreements concluded between residents and related to the conclusion and execution of foreign trade agreements (contracts) on the transfer of goods to non-residents, the performance of work for them, the provision of services to them, the transfer of information and results of intellectual activity, including exclusive rights to them, when making settlements using a transferable (transferable) letter of credit; documents defining the terms of such a transferable (transferable) letter of credit, including a notice of the bank that opened a transferable (transferable) letter of credit containing the terms of a transferable (transferable) letter of credit, an instruction from a resident recipient of funds to transfer a letter of credit in favor of a second recipient of funds - a resident (second recipients of funds - residents), to which (who) should execute a transferable (transferable) letter of credit in accordance with the terms of the agreement concluded between the resident, who is the recipient of funds, and the second recipient of funds (second recipients of funds), notification of the authorized bank, which is authorized to transfer the transferable ( transferable) letter of credit (executing bank), on the transfer of the letter of credit in favor of the second recipient of funds - a resident (second recipients of funds - residents).

5. Bodies and agents of currency control have the right to require the submission of only those documents that are directly related to the ongoing currency transaction.

All documents must be valid on the day of submission to the authorities and agents of currency control. At the request of a currency control body or a currency control agent, duly certified translations into Russian of documents executed in full or in any part in a foreign language are submitted. Documents issued by state bodies of foreign states, confirming the status of legal entities - non-residents, must be legalized in the prescribed manner. Foreign official documents may be submitted without their legalization in cases stipulated by an international treaty of the Russian Federation.

Documents are submitted to the bodies and agents of currency control in the original or in the form of a duly certified copy. If only a part of the document is relevant to conducting a foreign exchange transaction or opening an account, a certified extract from it may be submitted.

Authorized banks shall refuse to carry out a currency transaction if such a transaction violates the provisions of Article 9, and (or) Article 12, and (or) Article 14 of this Federal Law, the provisions of other acts of the currency legislation of the Russian Federation, with reference to the relevant provision of the act the currency legislation of the Russian Federation, which is contrary to the conduct of such a transaction, as well as in the event that a person fails to submit the documents required on the basis of part 4 of this article and this part, or submits false documents, or submits documents that do not meet the requirements of this Federal Law. The decision to refuse to carry out a foreign exchange transaction shall be communicated to the person in writing no later than the business day following the day the decision to refuse was made.

The original documents are accepted by the bodies and agents of currency control for familiarization and are returned to the persons who submitted them. In this case, copies certified by the currency control body or the currency control agent shall be placed in the currency control materials.

The same documents are submitted by residents and non-residents to the currency control body, the territorial division of the currency control body, the currency control agent who directly requested the relevant documents, once and are not subject to re-submission until the information specified in the submitted documents changes. This provision does not apply to cases of loss of submitted documents due to force majeure. In the event of a change in the information specified in the submitted documents, a resident or non-resident is obliged to notify the relevant currency control body, the territorial division of the currency control body, the currency control agent, by submitting Required documents confirming the corresponding changes. To confirm the facts from residents and non-residents, only those documents that are used by business entities, including for accounting for their business transactions according to the rules accounting and business practices. In this case, the preparation of separate documents specifically for the purposes of currency control is not required, unless otherwise provided by the legislation of the Russian Federation.

6. Has expired. - Federal Law of 06.12.2011 N 406-FZ.

6.1. Customs authorities transmit in electronic form information on declarations for goods registered by customs authorities, as well as on statistical forms for recording the movement of goods established by the Government of the Russian Federation in accordance with Article 278 "On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation ", the Central Bank of the Russian Federation and authorized banks in the manner established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

The customs authorities shall transfer in electronic form the information provided for by this part to authorized banks no later than three working days from the day following the date of release (conditional release) of goods by the customs authorities of the Russian Federation.

7. Currency control agents and their officials are obliged to:

1) exercise control over the observance by residents and non-residents of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies;

2) provide the currency control bodies with information on currency transactions conducted with their participation, in the manner prescribed by the acts of the currency legislation of the Russian Federation and the acts of the currency regulation bodies.

8. Bodies and agents of currency control and their officials are obliged, in accordance with the legislation of the Russian Federation, to observe commercial, banking, tax, and other secrets protected by law, as well as to protect other information in respect of which a requirement has been established to ensure its confidentiality and which has become known to them in the exercise of their powers.

8.1. Submission and transfer of documents and information related to the conduct of currency transactions by residents and non-residents, opening and maintenance of accounts, by one currency control body to another currency control body, by a currency control body to a currency control agent, by currency control agents to currency control bodies are not a violation of commercial, banking, tax, other secrets protected by law, as well as violation of the requirement to ensure confidentiality in relation to other information that became known to them in the exercise of their powers.

8.2. Submission and transfer of documents and information by currency control agents to customs and tax authorities and customs and tax authorities to currency control agents in the amount and in the manner specified in parts 13-16 of this article are not a violation of commercial, banking, tax, other secrets protected by law, and as well as a violation of the requirement to ensure confidentiality in relation to other information that became known to the customs and tax authorities and currency control agents in the exercise of their powers.

9. Bodies and agents of currency control, if there is information about a violation of acts of the currency legislation of the Russian Federation and acts of currency regulation bodies by a person carrying out currency transactions, or about opening an account (deposit) in a bank and (or) other financial market organization located outside the territory of the Russian Federation, sanctions against which are applied in accordance with the legislation of the Russian Federation by another currency control body, transfer the following information to the currency control body that has the right to apply sanctions to this person:

1) in relation to a legal entity - the name, taxpayer identification number, place of state registration, its legal and postal addresses, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or violation;

2) in relation to an individual - last name, first name, patronymic, details of an identity document, address of residence, the content of the violation indicating the violated regulatory legal act, the date and amount of the illegal currency transaction or the said violation.

9.1. Authorized banks and the state development corporation "VEB.RF" as agents of currency control in the presence of information about the violation legal entity- a resident of the requirements of Article 19 of this Federal Law transfers to the currency control body, which has the right to apply sanctions to this person, the relevant statement of banking control as of the date of detection of the violation.

10. Authorized banks, the state development corporation "VEB.RF" and professional participants in the securities market transmit information in accordance with parts 9 and 9.1 of this article in the manner established by the Central Bank of the Russian Federation.

11. Currency control bodies and agents shall submit to the currency control body authorized by the Government of the Russian Federation the documents and information necessary for the performance of its functions in the amount and procedure established by the Government of the Russian Federation in agreement with the Central Bank of the Russian Federation.

12. Bodies and agents of currency control and their officials shall bear responsibility, provided for by the legislation of the Russian Federation, for failure to perform the functions established by this Federal Law, as well as for their violation of the rights of residents and non-residents.

13. For the purpose of exercising currency control over currency transactions carried out by residents, opening and maintaining accounts, authorized banks and the state development corporation "VEB.RF" as agents of currency control transfer to the customs and tax authorities, at their request, duly certified copies of documents at their disposal with provided that the requested documents are included in the list of documents provided for in paragraph 4 of this article.

14. A request from a customs or tax authority to provide copies of the documents referred to in Part 13 of this Article must include information on the content of the alleged violation of acts of the currency legislation of the Russian Federation or acts of currency regulation authorities, indicating the relevant regulatory legal act and sufficient information known to the customs or tax authority, respectively. to identify a specific currency transaction (alleged violation), as well as the information necessary to identify the resident, and the deadline for the execution of the request, which cannot be less than seven business days from the day following the day the request was received.

15. The federal executive body authorized in the field of customs affairs shall transfer to the authorized banks and the state development corporation "VEB.RF" as agents of currency control at their request for the purpose of exercising currency control over foreign exchange operations carried out by residents information on the compliance (non-compliance) of information in customs declarations submitted by residents to the authorized bank or the state development corporation "VEB.RF" for goods imported into the Russian Federation and exported from the Russian Federation, information on the performance of customs operations in respect of goods available to the customs authorities. The deadline for the execution of a request by the federal executive body authorized in the area of ​​customs affairs cannot be more than 14 business days from the day following the day the request was received. The exchange of information provided for by this part shall be carried out in electronic form in the manner established by the federal executive body authorized in the area of ​​customs affairs.

16. The federal executive body authorized for control and supervision in the field of taxes and fees transfers to authorized banks and the state development corporation "VEB.RF" as agents of currency control at their request for the purpose of exercising currency control over currency transactions conducted by residents, opening and maintaining accounts, information confirming the notification (non-notification) of the tax authority at the place of registration of the resident about opening an account (deposit) with a bank and (or) other organization of the financial market located outside the territory of the Russian Federation. The deadline for the execution of a request by the federal executive body authorized for control and supervision in the field of taxes and fees cannot be more than 14 business days from the day following the day the request was received. The exchange of information provided for by this part is carried out in electronic form in the manner established by the federal executive body authorized for control and supervision in the field of taxes and fees.

17. When exchanging information in electronic form in accordance with this Federal Law, currency control bodies and agents shall ensure the protection of information in accordance with the legislation of the Russian Federation.