INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of August 30, 2017 No. 4512-U

About amount and procedure for transfer by authorized banks as agents of currency exchange control of information to bodies of currency exchange control

List of amending documents

Based on part 6 of article 22 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; No. 22, Art. 2563; No. 29, Art. 3480; No. 45, Art. 5419; 2008, No. 30, Art. 3606; 2010, No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 30, Art. 4584; No. 48, Art. 6728; No. 50, Art. 7348, Art. 7351; 2013, No. 11, Art. 1076; No. 19, Art. 2329; No. 27, Art. 3447; No. 30, Art. 4084; 2014, No. 11, Art. 1098; No. 19, Art. 2317; No. 30, Art. 4219; No. 45, Art. 6154; 2015, No. 27, Art. 3972, Art. 4001; No. 48, Art. 6716; 2016, No. 1, Art. 50; No. 27, Art. 4218; 2017, No. 30, the Art. 4456) (further - the Federal Law "About Currency Control and Currency Exchange Control"), Item 12 of Article 4, articles 54 and 57 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, of the Art. 4456) (further - the Federal Law "About the Central Bank Russian Federation (Bank of Russia)") this Instruction establishes amount and procedure for transfer by authorized banks as agents of currency exchange control of information in the Federal Customs Service (further - FCS of Russia) and the Federal Tax Service (further - FNS of Russia) for accomplishment of functions of bodies of currency exchange control by them.

1. Authorized banks (branches of authorized banks) (further - authorized bank) shall transfer in electronic form information about accepted by them according to the Instruction of the Bank of Russia of August 16, 2017 No. 181-I "About procedure for representation by residents and nonresidents to authorized banks of supporting documents and information when implementing currency transactions, about single forms of accounting and the reporting under currency transactions, procedure and terms of their representation", registered by the Ministry of Justice of the Russian Federation on October 31, 2017 No. 48749 (further - the Instruction of the Bank of Russia of August 16, 2017 to No. 181-I) to accounting the agreements accepted by them on servicing agreements on change of data on the agreements accepted by them on accounting (servicing) and also about the agreements struck by them off the register.

Information on the agreements specified in subitems 4.1.1 - 4.1.4 Items 4.1 of the Instruction of the Bank of Russia of August 16, 2017 No. 181-I (further - the contract), is transferred by authorized bank to FCS of Russia, information on the agreements specified in subitem 4.1.5 of Item 4.1 of the Instruction of the Bank of Russia of August 16, 2017 to No. 181-I (further - the credit agreement), and about contracts - to FNS of Russia.

2. The authorized bank in day of registration of the contract (credit agreement), or in day of acceptance on servicing of the contract (credit agreement), or in day of modification of the Section I of the sheet of bank control under the contract (credit agreement) accepted on accounting (servicing) or in day of removal from accounting of the contract (credit agreement) according to the Instruction of the Bank of Russia of August 16, 2017 No. 181-I shall create the message in electronic form containing information on one contract (further - ESVT) or containing information on one credit agreement (further - ESKR).

The electronic message specified in this Item shall be created by authorized bank according to the rules of creation and submission of information, stipulated in Item 1 this Instruction established based on article 57 of the Federal law "About the Central Bank Russian Federation (Bank of Russia)" and posted on the official site of the Bank of Russia on the Internet, in electronic form (further - rules of creation and submission of information in electronic form).

3. The authorized bank according to rules of creation and submission of information in electronic form shall create the message in electronic form containing the copy of the contract accepted on accounting, or the copy of changes (amendments) in the contract accepted on accounting (servicing) (further - EKVT) based on which changes are made to the section I of the sheet of bank control under the contract, the copy of the credit agreement accepted on accounting, or the copy of changes (amendments) in the credit agreement accepted on accounting (servicing) (further - EKKR) based on which changes are made to the section I of the sheet of bank control according to the credit agreement.

In case of transfer of the contract (credit agreement) from one authorized bank on servicing in other authorized bank (further - new authorized bank) according to Chapters 11 - 13 Instructions of the Bank of Russia of August 16, 2017 No. 181-I the new authorized bank shall create EKVT, EKKR only if in case of adoption of the contract (credit agreement) for servicing the resident provided to new authorized bank of change (amendment) in the contract (credit agreement), sheets of bank control requiring changes in the Section I under the contract (credit agreement).

Specified in paragraph one of this Item EKVT, EKKR authorized bank shall create no later than day of acceptance by authorized bank of the documents submitted by resident and information according to Item 16.3 of the Instruction of the Bank of Russia of August 16, 2017 No. 181-I.

Specified in the paragraph the second this Item EKVT, EKKR authorized bank shall create no later than two working days after day of receipt of the sheet of bank control under the contract (credit agreement) from the Bank of Russia in compliance in Item 11.5 or Item 12.6 of the Instruction of the Bank of Russia of August 16, 2017 No. 181-I or no later than two working days after day of acceptance on servicing by authorized bank according to Item 13.3 of the Instruction of the Bank of Russia of August 16, 2017 No. 181-I.

4. ESVT, ESKR, EKVT and EKKR for establishment of authenticity and integrity, and also identification of their sender shall be signed by the strengthened qualified digital signature of authorized bank.

For exchange of information with FCS of Russia and FNS of Russia of ESVT, ESKR, EKVT and EKKR shall be ciphered by authorized bank according to rules of creation and submission of information in electronic form.

5. Transfer of ESVT, ESKR, EKVT and EKKR shall be performed by authorized bank in FCS of Russia and FNS of Russia through territorial office of the Bank of Russia in the territory of which it is (further - territorial office), and the Bank of Russia.

6. From ESVT, ESKR, EKVT and EKKR created during the working day according to Items 2 and 3 of this Instruction, shall be created by authorized bank:

the archive file of authorized bank containing ESVT;

the archive file of authorized bank containing ESKR;

the archive file of authorized bank containing EKVT;

the archive file of authorized bank containing EKKR.

Each archive file shall be supplied with authentication code (further - KA) authorized bank and no later than the next working day after its forming till 16 hours 00 minutes local time is sent to territorial office for subsequent delivery of ESVT, ESKR, EKVT and EKKR included in such archive files through the Bank of Russia in FCS of Russia and FNS of Russia taking into account the following:

the archive files containing ESVT and EKVT go for subsequent delivery to FCS of Russia and FNS of Russia;

the archive files containing ESKR and EKKR go for subsequent delivery to FNS of Russia.

7. With territorial office acceptance of directed archive files on the working days till 16 hours 00 minutes local time shall be provided.

At the same time the procedure of check of authenticity and control of integrity of each archive file allowing to determine that such file was not changed during transfer by authorized bank to territorial office (further - the procedure of authentication), and also the procedure of verification of the name of the archive file of authorized bank to compliance to structure of the name (further - the procedure of verification of the name) shall be carried out.

8. In case of positive results of the procedure of authentication and the procedure of verification of the name of archive files by territorial office the notification on adoption of each archive file shall be created in electronic form and sent to authorized bank (further - the notification on adoption of the archive file).

9. The archive file, the procedure of authentication and (or) the procedure of verification of the name of which yielded negative result, shall be excluded from further processing. At the same time by territorial office the notification on refusal in adoption of the archive file with indication of cause of failure in its acceptance shall be created in electronic form and sent to authorized bank (further - the notification on refusal in adoption of the archive file).

10. The notification on acceptance (about refusal in acceptance) the archive file shall be sent by territorial office to authorized bank no later than 18 hours 00 minutes local time in day of receipt of the archive file.

The authorized bank shall provide acceptance of the notification on acceptance (about refusal in acceptance) the archive file no later than the working day following behind day of its direction in time.

11. In case of receipt in authorized bank from territorial office of the notification on refusal in adoption of the archive file, the authorized bank shall remove cause of failure in acceptance and no later than the next working day after day of receipt of the notification on refusal in adoption of the archive file, repeatedly direct the archive file according to the procedure, established by this Instruction.

12. The archive files containing the ESVT, ESKR, EKVT and EKKR accepted during the working day by territorial office and which underwent the procedure of authentication and (or) the procedure of verification of the name do not razarkhivirutsya, and their content by territorial office is not controlled.

13. From all archive files, the containing ESVT, ESKR, EKVT and EKKR received from the authorized banks during the working day and which underwent the procedure of authentication and (or) the procedure of verification of the name, on the same day till 18 hours 00 minutes local time shall be created by territorial office:

the summary archive file of territorial office containing ESVT (further - the ESVT TU summary archive file);

the summary archive file of territorial office containing ESKR (further - the ESKR TU summary archive file);

the summary archive file of territorial office containing EKVT (further - the EKVT TU summary archive file);

the summary archive file of territorial office containing EKKR (further - the EKKR TU summary archive file).

14. Each ESVT TU summary archive file, the ESKR TU summary archive file, the EKVT TU summary archive file, the EKKR TU summary archive file shall be supplied by KA of territorial office and contain list of names of archive files, the containing ESVT, ESKR, EKVT or EKKR respectively included in the specified summary archive files.

15. The ESVT TU summary archive file, the ESKR TU summary archive file, the EKVT TU summary archive file, the EKKR TU summary archive file shall be sent by territorial office to the Bank of Russia on the communication channels used in the Bank of Russia for transfer of statistical information, till 18 hours 00 minutes local time in day of their forming.

16. The ESVT TU summary archive files and the EKVT TU summary archive files which arrived from territorial office shall be sent by the Bank of Russia at the same time to FCS of Russia and FNS of Russia, and the ESKR TU summary archive files and the EKKR TU summary archive files in FNS of Russia no later than 18 hours 00 minutes Moscow time of the working day following behind day of their obtaining from territorial office.

17. In case of receipt authentication shall be carried out to authorized bank of the supplied KA of FCS of Russia of receipts with information on acceptance (about refusal in acceptance) ESVT and EKVT created by FCS of Russia of each ESVT and EKVT, in electronic form by results of control, authorized bank them.

18. In case of receipt authentication shall be carried out to authorized bank of the supplied KA of FNS of Russia of receipts with information on acceptance (about refusal in acceptance) ESKR and EKKR created by FNS of Russia of each ESKR and EKKR, in electronic form by results of control, authorized bank them.

19. In case of receipt in authorized bank of receipts with information on refusal in acceptance of ESVT, ESKR, EKVT, EKKR, authorized bank the cause of failure in acceptance shall be removed, ESVT, ESKR, EKVT, EKKR are again created and in time no later than the working day following behind day of receipt of receipts with information on refusal in acceptance of ESVT, ESKR, EKVT, EKKR are directed according to the procedure, established by this Instruction.

20. Receipts with information on acceptance (about refusal in acceptance) the ESVT and EKVT created by FCS of Russia, addressed to the same authorized bank shall arrive in authorized bank as a part of archive files of FCS of Russia.

Receipts with information on acceptance (about refusal in acceptance) the ESKR and EKKR created by FNS of Russia, addressed to the same authorized bank shall arrive in authorized bank as a part of archive files of FNS of Russia.

21. The archive files of FCS of Russia arriving in the Bank of Russia with receipts with information on acceptance (about refusal in acceptance) ESVT and EKVT, and archive files of FNS of Russia with receipts with information on acceptance (about refusal in acceptance) ESKR and EKKR addressed to the authorized banks which are in the territory of the same territorial office shall contain in structure of summary archive files of FCS of Russia and FNS of Russia.

22. The direction of summary archive files of FCS of Russia and FNS of Russia in territorial office shall be provided with the Bank of Russia no later than the working day following date of their obtaining from FCS of Russia and FNS of Russia with use of the communication channels applied in the Bank of Russia to transfer of statistical information in time.

23. The copies of the summary archive files of FCS of Russia containing receipts with information on acceptance which arrived according to Item of 21 these Instructions (about refusal in acceptance) FCS of Russia of ESVT, EKVT, shall be sent by the Bank of Russia to FNS of Russia no later than the working day following behind day of their obtaining from FCS of Russia.

24. By territorial office in case of receipt from the Bank of Russia of summary archive files of FCS of Russia and FNS of Russia their razarkhivirovaniye shall be made. The archive files of FCS of Russia and FNS of Russia received as a result of razarkhivirovaniye addressed to the authorized bank which is in the territory of this territorial office shall be sent it no later than 18 hours 00 minutes local time of the working day following behind day of their obtaining from the Bank of Russia.

25. The authorized bank shall provide acceptance from territorial office of archive files of FCS of Russia and FNS of Russia no later than the working day following behind day of their direction territorial office according to Item 24 presents of the Instruction in time and to carry out the procedure of authentication of the receipts which are in them with information on acceptance (refusal in acceptance) ESVT, ESKR, EKVT, EKKR.

26. In case of receipt authentication of receipts of FNS of Russia on receipt of ESVT and EKVT shall be carried out to authorized bank as a part of the archive file of FNS of Russia of the supplied KA of FNS of Russia of receipts with information on receipt of FNS of Russia of ESVT, EKVT (further - receipts of FNS of Russia on receipt of ESVT and EKVT) created by FNS of Russia of copies of receipts, in electronic form by results of processing, with information on acceptance of FCS of Russia of ESVT, EKVT, authorized bank.

27. By transfer of ESVT, ESKR, EKVT and EKKR from authorized banks in FCS of Russia, FNS of Russia and archive files of FCS of Russia and FNS of Russia territorial offices shall provide to authorized banks invariance of all transmitted data, and also protection against unauthorized access to them of the third parties.

28. No later than day of entry into force of this Instruction on the official site of the Bank of Russia on the Internet rules of creation and submission of information in electronic form shall be placed by the Bank of Russia.

29. Changes in rules of creation and submission of information in electronic form shall be applied after thirty calendar days after day of their placement on the website of the Bank of Russia.

30. This Instruction is subject to official publication and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of December 15, 2017 No. 34) become effective since March 1, 2018.

31. From the date of entry into force of this Instruction to recognize invalid:

Provision of the Bank of Russia of December 29, 2010 No. 364-P "About procedure for transfer by authorized banks and territorial offices of the Bank of Russia to customs authorities for accomplishment of functions of agents of currency exchange control of information on passports of transactions on agreements in foreign trade by them (contracts) in electronic form", registered by the Ministry of Justice of the Russian Federation on February 11, 2011 No. 19815;

Instruction of the Bank of Russia of August 28, 2012 No. 2869-U "About modification of the Provision of the Bank of Russia of December 29, 2010 No. 364-P "About procedure for transfer by authorized banks and territorial offices of the Bank of Russia to customs authorities for accomplishment of functions of agents of currency exchange control of information on passports of transactions on agreements in foreign trade by them (contracts) in electronic form", registered by the Ministry of Justice of the Russian Federation on September 12, 2012 No. 25437;

Provision of the Bank of Russia of June 21, 2013 No. 402-P "About procedure for transfer to tax authorities for accomplishment of functions of agents of currency exchange control of passports of transactions in electronic form by them", registered by the Ministry of Justice of the Russian Federation on July 26, 2013 No. 29193.

It is approved Acting Head of the Federal Customs Service

R.V.Davydov

It is approved Head of the Federal Tax Service

M. V. Mishustin

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info