INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of January 9, 2024 No. 6663-U

About modification of the Instruction of the Bank of Russia of August 16, 2017 No. 181-I

Based on articles 5, of 31 and 40.1 Federal laws "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ), Item 12 of Article 4, of Article 54 and part one of article 57 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)", speak rapidly 4 Articles 5, of part 1.2 Articles 19, of Item 2 of part 3 of article 23 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control", the subitem "b" of Item 2 and the subitem "g" of Item 10 of article 1 of the Federal Law of July 14, 2022 No. 353-FZ "About introduction of amendments to the Federal law "About Currency Control and Currency Exchange Control", The Federal Law "About Bases of State Regulation of Foreign Trade Activity" and recognition of invalid part 3 of article 2 of the Federal Law "About introduction of amendments to the Federal law "About Currency Control and Currency Exchange Control" 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, 2023 No. PSD-48):

1. Bring in 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" <1> (further - the Instruction of the Bank of Russia No. 181-I) the following changes:

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<1> It is registered by the Ministry of Justice of the Russian Federation on October 31, 2017, registration No. 48749, with the changes made by Instructions of the Bank of Russia of November 29, 2017 No. 4629-U (it is registered by the Ministry of Justice of the Russian Federation on December 7, 2017, registration No. 49152), of July 5, 2018 No. 4855-U (it is registered by the Ministry of Justice of the Russian Federation on September 17, 2018, registration No. 52167), of January 25, 2022 No. 6062-U (it is registered by the Ministry of Justice of the Russian Federation on April 12, 2022, registration No. 68176).

1.1. State Item 1.5 in the following edition:

"1.5. This Instruction extends to the residents who are legal entities (except for participants of budget process at the federal level, federal public budget (autonomous) institutions; credit institutions and ВЭБ.РФ state corporation), and also the physical persons who are the individual entrepreneurs or persons who are engaged in the procedure established by the legislation of the Russian Federation in private practice (further in case of joint mentioning - residents).

This Instruction extends to physical persons - residents when implementing of currency transactions by them in the foreign currency and (or) currency of the Russian Federation connected with provision to nonresidents of loans and return from nonresidents of such loans with use of the bank accounts (deposits), physical persons - residents when implementing of payment under transactions (transactions) with digital currency by them concerning submission of information on the transaction type code corresponding to the name of transaction type from the list of codes of transaction types provided in appendix 1 to this Instruction (further - transaction type code), in cases, stipulated in Item 2.27 these Instructions (further - the physical person - the resident), and also on residents, being physical persons to which passed the rights (requirement) for the agreements accepted on accounting by authorized banks according to the Section II of this Instruction when implementing payment under the specified agreements (further - the new creditor - physical person).

Requirements of this Instruction extend to nonresidents, except for physical persons.".

1.2. In paragraph one of Item 2.2 of the word "corresponding to the name of transaction type specified in appendix 1 to this Instruction (further - transaction type code)," to exclude.

1.3. In paragraph one of Item 2.7 and in Item 2.15 of the word "600 thousand." shall be replaced with words "1 million".

1.4. State Item 2.20 in the following edition:

"2.20. In case of change of the data containing in provided by residents according to this Chapter to authorized bank of information on code of transaction type and (or) in the documents connected with carrying out transactions as a result of which it is necessary to change the transaction type code which is earlier reflected by authorized bank in data on transactions resident in time no later than fifteen working days after day of document creation confirming such changes shall provide them to the authorized bank which accepted on accounting the contract (credit agreement) according to the Section II of this Instruction or to the authorized bank which accepted on servicing the contract (credit agreement) according to Chapters 11 - the 13th this Instruction (further - UK bank), and also to the authorized bank other than UK bank (if calculations are carried out through the authorized bank other than UK bank).

Date of execution of the document confirming such changes the latest date of its signing on term or date of its introduction in force or in case of lack of these dates - date of its creation is considered.

The authorized bank independently reflects changes about transaction type code in data on transactions no later than two working days following behind day of submission of such documents by the resident to authorized bank.".

1.5. In Item 2.22:

the paragraph one after the words "information is submitted resident in authorized bank" to add with words "in which through accounts the corresponding calculations are carried out,";

add with paragraphs of the following content:

"In case of transfer (write-off) of foreign currency and (or) currency of the Russian Federation on the transit currency (settlement) account (from the settlement account) resident opened in the authorized bank other than UK bank under the agreements accepted on accounting according to the Section II of this Instruction, resident in coordination with UK bank in time no later than fifteen working days after day of transfer (write-off) of foreign currency and (or) currency of the Russian Federation on the transit currency (settlement) account (from the settlement account) the resident in the authorized bank other than UK bank, shall provide to UK bank for reflection in the Section II "Data on payments" of the sheet of bank control:

information on the unique agreement number assigned according to the procedure, provided in the notes to the sheet of bank control containing in appendix 4 and appendix 5 to this Instruction;

the account statement about the carried-out calculations in the authorized bank other than UK bank, or any settlement document with mark about execution, date of transfer on the transit currency (settlement) account (write-off from the settlement account) of resident and information on transaction type code.

Information on the expected terms of repatriation of foreign currency and (or) currency of the Russian Federation is submitted resident only in UK bank.".

1.6. In paragraphs one and third Item 2.26 of the word "600 thousand." shall be replaced with words "1 million".

1.7. Add Chapter 2 with Item 2.27 of the following content:

"2.27. The physical person - the resident in case of write-off of foreign currency or currency of the Russian Federation from the bank account (contribution) in foreign currency or currency of the Russian Federation opened in authorized bank according to transactions (transactions) with digital currency with nonresidents shall provide information on transaction type code in coordination with authorized bank.

In case of transfer of foreign currency or currency of the Russian Federation on the bank account (contribution) of the physical person - the resident in foreign currency or currency of the Russian Federation according to transactions (transactions) with digital currency with nonresidents the physical person - the resident shall provide in coordination with authorized bank information on transaction type code no later than thirty working days after day of transfer of foreign currency or currency of the Russian Federation into the account (contribution) of the physical person in time - the resident.

The authorized bank reflects information specified in paragraphs one and the second this Item in data on transactions no later than two working days following behind day of representation by the physical person - the resident of such information in authorized bank.".

1.8. Add with Chapter 2 (1) the following content:

"Chapter 2 (1). Features of submission by residents of the documents and information connected with payments with cash with nonresidents in the cases provided by special economic measures and also feature of conducting by authorized banks of accounting and the reporting under the corresponding currency transactions

2(1).1. In case of introduction by the resident into the account in authorized bank of the cash received from the nonresident when implementing foreign trade activity and (or) received from the nonresident by provision and return of loans, the resident submits the documents specified in item 4 of Rules of implementation between residents and nonresidents of the payments with cash approved by the order of the Government of the Russian Federation of December 26, 2022 No. 2433 (further - Rules of implementation between residents and nonresidents of payments with cash), and also documents and information according to Chapter 2 of this Instruction, including information on transaction type code depending on economic content of the transaction which is carried out by such resident within the agreement in foreign trade (contract), the loan agreement and if such agreement (contract) according to requirements of the Section II of this Instruction is registered in authorized bank, - unique number of such agreement (contract).

2(1).1.1. In case of introduction by the resident of the cash received from the nonresident within the agreement in foreign trade (contract), the loan agreement registered according to requirements of the Section II of this Instruction on the bank account of UK such bank reflects information on obtaining by the resident of the specified money, including information on date of their obtaining, as in data on transactions according to appendix 2 to this Instruction, and in the sheet of bank control under the contract (appendix 4 to this Instruction) or the sheet of bank control according to the credit agreement (appendix 5 to this Instruction).

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