INSTRUCTION OF THE CENTRAL BANK OF RUSSIA

of June 15, 2004 N117-I

About procedure for representation by residents and nonresidents to authorized banks of documents and information during the implementing of currency transactions, accounting treatment by authorized banks of currency transactions and execution of passports of transactions

List of amending documents

According to the Federal Law "About Currency Control and Currency Exchange Control" (Russian Federation Code, 2003, N 50, Art. 4859), Federal Law "About the Central Bank Russian Federation (Bank of Russia)" (Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N52 (part I), Art. 5032), Federal Law "About Banks and Banking Activity" (Sheets of the Congress of People's Deputies of RSFSR and Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, Art. 3469; 2001, N 26, Art. 2586; N33 (part I), Art. 3424; 2002, N 12, Art. 1093; 2003, N27 (part I), Art. 2700; N 50, of Art. 4855; N52 (part I), Art. 5033; the Art. 5037) and 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 June 11, 2004 N 15) the Bank of Russia establishes procedure for representation by residents and nonresidents to authorized banks of documents and information when implementing currency transactions, accounting treatment for currency transactions and procedure for registration by residents in authorized banks of the transaction certificate when implementing currency transactions.

Section I. Procedure for representation by residents and nonresidents to authorized banks of documents and information when implementing currency transactions, accounting treatment authorized banks of currency transactions

Chapter 1. Procedure for representation by residents and nonresidents of documents and information and accounting of currency transactions

1.1. Action of this Chapter does not extend to the currency transactions performed:

credit institutions - residents on its own behalf and at own expense;

through the accounts of residents and nonresidents opened in the Bank of Russia;

between the nonresident and federal executive body, specially authorized Government of the Russian Federation on implementation of currency transactions according to part 5 of article 5 of the Federal law "About Currency Control and Currency Exchange Control";

physical persons - the residents who are not individual entrepreneurs.

1.2. Residents (legal entities and physical persons, including physical persons - individual entrepreneurs (further - residents) when implementing currency transactions in foreign currency represent the following documents to authorized bank (branch of authorized bank) (daleeupolnomochenny bank):

the certificate of identification by types of currency transactions of the means in foreign currency which arrived on the bank account or charged off the bank account of the resident opened in authorized bank which is the document confirming making of currency transaction which form and procedure for creation are given in appendix 1 to this Instruction (further - the certificate of currency transactions);

other documents which are the basis for carrying out currency transaction, specified regarding the 4th article 23 of the Federal law "About Currency Control and Currency Exchange Control".

1.3. The documents specified in Item 1.2 of this Instruction are represented by resident in case of write-off of foreign currency from its account in authorized bank or no later than 15 working days from the date of receipt of foreign currency into its account in authorized bank.

1.4. The certificate of currency transactions is signed according to the procedure, established by Items 3. 7, 3.8 these Instructions.

1.5. In case of receipt of foreign currency into the account of resident in authorized bank if the bank account agreement between authorized bank and resident provides that the authorized bank independently fills in the certificate of currency transactions, the specified reference resident in authorized bank is not submitted.

In this case the certificate of currency transactions is signed by the employee of authorized bank, authorized to perform on behalf of authorized bank the Instructions of action for currency exchange control provided by this Section (further - the responsible person of authorized bank).

1.6. The authorized bank accepts the certificate of currency transactions or refuses its acceptance no later than the working day following behind day of its representation by the resident.

1.7. The authorized bank checks compliance of information specified by resident in the certificate of currency transactions, to the data containing in the documents which are the basis for carrying out currency transactions and also observance by the resident of procedure for the execution of the certificate of currency transactions established by this Instruction, in time no later than the working day following behind day of its submission by the resident to authorized bank.

The accepted certificate of currency transactions is signed by the responsible person of authorized bank, certified by the seal of authorized bank used for the purposes of currency exchange control, registered in the Bank of Russia according to the procedure established by Chapter 8 of this Instruction and is located in materials of currency exchange control (further - seal of authorized bank).

Materials of currency exchange control for the purposes of this Instruction are recognized the selection of documents created for the purpose of accounting of currency transactions according to Chapter 7 of this Instruction (further - the file according to the transaction certificate) (in case of implementation of currency transaction on which this Instruction provides execution of the transaction certificate), other selections of documents created at the discretion of authorized bank for the purposes of currency exchange control.

1.8. The authorized bank refuses adoption of the certificate of currency transactions in the following cases:

the certificate of currency transactions provided by resident is constituted by resident with violation of the requirements established by this Instruction;

discrepancy of type of the performed currency transaction to the code specified by resident according to the List of currency transactions of clients of authorized banks specified in appendix 2 to this Instruction follows from the documents submitted by resident specified in paragraph three of Item 1.2 of this Instruction (further - code of type of currency transaction);

1.9. The certificate of currency transactions with mark of the responsible person of authorized bank about return reason, and also other documents submitted by resident according to Item 1.2 of this Instruction return authorized bank to resident the registered mail with the assurance of receipt no later than the working day following behind day of their submission to authorized bank in time or are transferred on receipt to the resident or person who is acting on the basis of the its powers of attorney.

In this case the authorized bank refuses to resident implementation of currency transaction according to the paragraph the fourth parts 5 of article 23 of the Federal law "About Currency Control and Currency Exchange Control".

1.10. In case of submission by the resident to authorized bank of the documents specified in Item 1.2 of this Instruction, the employee of authorized bank in electronic form who accepted the specified documents reproduces (prints out) them on paper, certifies them the signature with indication of date of reproduction (printout).

The specified documents are signed by the responsible person of authorized bank and certified by seal of authorized bank.

1.11. The authorized bank in day of representation by the resident of the written application constituted in any form issues to this resident the copy of the certificate of currency transactions which is drawn up according to the procedure, established in the paragraph the second Item 1.7 of this Instruction.

1.12. When implementing currency transactions in currency of the Russian Federation the resident, except for credit institution, submits the following documents to authorized bank:

the settlement document processed according to requirements, stipulated in Item 1.14 these Instructions;

the documents which are the basis for carrying out currency transaction, specified regarding the 4th article 23 of the Federal law "About Currency Control and Currency Exchange Control".

1.13. When implementing currency transactions in currency of the Russian Federation the nonresident submits the settlement document processed according to requirements, stipulated in Item 1.14 these Instructions to authorized bank.

1.14. The settlement document specified in the paragraph the second Item 1.12 and in Item 1.13 of this Instruction shall contain after obligatory details (in case of their availability) before text part in the field "Purpose of payment" (in case of letter of credit form of calculations - in the field "Name of Goods (Works, Services), N and Date of the Agreement, Term of Shipment of Goods (Performance of Works, Rendering Services), Consignee and Destination)" the following information:

code of type of currency transaction according to appendix 2 to this Instruction;

transaction passport number (in case of implementation of currency transaction on which this Instruction provides execution of the transaction certificate, except for case when the settlement document is submitted the nonresident).

The specified information shall be put into braces and have the following appearance:

(VO <code of type of currency transaction> of PS <transaction passport number>)

Spaces (gaps) in braces are not allowed.

Dividing symbols of "VO", "PS" are specified by capital Latin letters (for example, (VO10040PS04060001/0001/0000/1/0)).

If the requirement about execution of the transaction certificate is not established according to this Instruction, the relevant information does not join in the settlement document (for example, (VO10010)).

1.15. The authorized bank checks compliance of information specified by resident in the settlement document, to the data containing in the documents which are the basis for carrying out currency transactions and also observance by the resident and nonresident of procedure for execution of settlement documents according to the requirements established by this Instruction and other regulations of the Bank of Russia.

In case of its proper filling and registration the settlement document is accepted to execution.

1.16. The authorized bank refuses to the resident and the nonresident accomplishment of the order about carrying out the currency transactions specified in Items 1.12 and 1.13 of this Instruction, in the following cases:

the settlement document is processed with violation of requirements of Item 1.14 of this Instruction;

discrepancy to the performed currency transaction to the code of type of currency transaction specified in the settlement document follows from the documents submitted by resident specified in paragraph three of Item 1.12 of this Instruction;

The settlement document and other documents submitted by the resident or the nonresident according to Items 1.12 and 1.13 of this Instruction return authorized bank to the resident or the nonresident the registered mail with the assurance of receipt no later than the working day following behind day of their submission to authorized bank in time or are transferred on receipt to the resident, either the nonresident, or person who is acting on the basis of the power of attorney, respectively, the resident or the nonresident.

1.17. The authorized bank keeps in electronic form the database on currency transactions with reflection in it the following information:

account number of resident or nonresident;

date of making of currency transaction;

the direction of payment (1 - transfer, 2 - write-off);

code of type of currency transaction;

cash amount, charged off account (enlisted into the account) when implementing currency transaction, in account units of currency;

the bank name of the receiver of payment in case of cash write-off from the account or payer bank in case of transfer of money into the account specified in the settlement document;

bank identification code (it is specified if payee bank of payment or payer bank is the authorized bank), bank code in the reference book "SWIFT" for bankanerezidentauchastnik of the SWIFT system, code of HP - for other nonresident banks;

transaction passport number (in the presence of the transaction certificate according to requirements of this Instruction);

currency code of the price of the contract (agreement) - in the cases provided by this Instruction;

the amount of currency transaction in units of currency of the price of the contract (agreement) - in the cases provided by this Instruction.

On currency transactions of legal entities (residents and nonresidents) or physical persons - individual entrepreneurs (residents) the authorized bank in addition reflects the following information in the database:

information about the account holder:

the full or abbreviated name (if the last is available) the legal entity or surname, name, middle name (in the presence of the last) physical person - the individual entrepreneur, specified in bank account agreement;

country code of the residence (place of registration) according to the All-Russian qualifier of the countries of the world. For branches, permanent missions and other isolated or independent structural divisions of the nonresidents who are in the territory of the Russian Federation the country code of place of registration of the nonresident is specified. If the country of place of registration of the nonresident is unknown, the 997 code is specified. For interstate and intergovernmental organizations, their branches and permanent missions in the Russian Federation the 998 code is specified;

the identification taxpayer number (ITN) (for legal entities - nonresidents it is specified in case of its availability);

date of state registration of the legal entity or physical person - the individual entrepreneur;

the address of the legal entity (for the legal entity - the resident the address (location) of permanent executive body of legal resident person (in case of absence of permanent executive body of the legal entity - the resident - the address (location) of other body or person having the right to act on behalf of the legal entity - the resident without power of attorney is specified), to which communication with legal litsomrezident is performed, for the nonresident - the address of the legal entity - the nonresident in country of incorporation); the residence in the Russian Federation of physical person - the individual entrepreneur according to entry in the Unified State Register of Private Entrepreneurs;

date of opening of the business bank account or physical person - the individual entrepreneur;

information about the receiver of payment - in case of cash write-off from the account of the legal entity or physical person - the individual entrepreneur or the information about the payer - in case of transfer of money into the account of the legal entity or physical litsaindividualny entrepreneur:

the name of a consignee of payment or the payer specified in the settlement document;

the identification taxpayer number (ITN) (in case of its availability in the settlement document).

At the discretion of authorized bank the database specified in this Item can include other information necessary for accomplishment of functions of the agent of currency exchange control by authorized bank according to acts of the foreign exchange legislation of the Russian Federation, acts of bodies of currency control and acts of bodies of currency exchange control. The procedure for maintaining (including structure) the specified database is determined by authorized bank independently.

1.18. The documents submitted by the resident and the nonresident to authorized bank according to requirements of this Chapter are stored in authorized bank at least 3 years from the date of the placing of the document in materials of currency exchange control.

Chapter 2. Features of submission by the resident of the documents and information connected with implementation of currency transactions between residents and nonresidents by provision and receipt of the credits and loans, and accounting by authorized banks of the specified transactions

2.1. Action of this Chapter extends to the currency transactions consisting in implementation of calculations and transfers by provision by residents of foreign currency loans and in currency of the Russian Federation to nonresidents and also in case of receipt by residents of the credits and foreign currency loans and in currency of the Russian Federation from nonresidents according to the credit agreements and loan agreements signed between the resident and the nonresident (further - the credit agreement).

2.2. Action of this Chapter does not extend to the currency transactions specified in Item 2.1 of this Instruction, performed:

between the nonresident and credit institution - resident;

between the nonresident and the resident - if the total amount of the credit agreement does not exceed in equivalent 5 thousand dollars of the USA on the official rate of foreign currencies in relation to the ruble established by the Bank of Russia for date of the conclusion of the credit agreement or, in case of change of the amount of the credit agreement, for date of the conclusion of the last changes (amendments) to the credit agreement providing such changes.

2.3. For the purpose of accounting of the currency transactions specified in Item 2.1 of this Instruction, the resident represents to authorized bank in which the resident draws up or renews the transaction certificate (далеебанк PS) according to the procedure, established by this Instruction, along with the documents submitted by resident according to the requirements established by Chapter 1 of this Instruction, the following documents and information:

2.3.1. The certificate of calculations through accounts abroad on credit agreements - when implementing currency transactions according to the credit agreement through the accounts opened in the bank located in the territory of foreign state (further - nonresident bank), in the cases provided by acts of the foreign exchange legislation of the Russian Federation or acts of bodies of currency control or in other cases - based on the permissions issued by the Bank of Russia.

The form of the certificate of calculations through accounts abroad on the credit agreement is established by PS bank and shall provide availability in it of information necessary for filling of the Section II of the Sheet of bank control which is created according to appendix 3 to this Instruction (further - the sheet).

2.3.2. The reference containing information on identification on passports of transactions of the money which arrived for month under report (further - the certificate of receipt of currency of the Russian Federation) - in case of carrying out the currency transactions according to the credit agreement connected with transfer of currency of the Russian Federation which arrived from the nonresident into the account of resident in PS bank.

The certificate of receipt of currency of the Russian Federation is filled and drawn up by resident according to the requirements established by the regulation of the Bank of Russia regulating procedure for representation by residents to authorized banks of the supporting documents and information connected with carrying out currency transactions with nonresidents according to the foreign trade transactions and implementation by authorized banks of control of carrying out currency transactions.

2.4. The certificate of calculations through accounts abroad on credit agreements is submitted resident in the PS bank in time which is not exceeding 45 calendar days following after month during which the currency transactions according to the credit agreement specified in subitem 2.3.1 of Item 2.3 of this Instruction were performed.

The certificate of receipt of currency of the Russian Federation is submitted resident in the PS bank in time which is not exceeding 15 calendar days following after month during which the currency transactions according to the credit agreement specified in subitem 2.3.2 of Item 2.3 of this Instruction were performed.

2.5. If on the bases, stipulated by the legislation the Russian Federation, the obligation between resident and the nonresident according to the credit agreement were performed by the method other than obligation fulfillment method in the form of payments and transfers in foreign currency or in currency of the Russian Federation, the resident submits to PS bank the documents confirming obligation fulfillment with different way (further - the documents confirming obligation fulfillment with different way), in time, not exceeding 15 calendar days after the termination of month during which obligations between the nonresident and the resident according to the credit agreement were performed by different way.

2.6. Accounting of the currency transactions specified in Item 2.1 of this Instruction (further - currency transactions according to the credit agreement), and control of their carrying out is exercised by PS bank.

2.7. If the resident performs all currency transactions according to the credit agreement through the accounts opened in nonresident bank, functions of PS bank performs in the place of state registration of resident (in place of registration - for physical person) territorial office of the Bank of Russia in which the resident draws up the transaction certificate.

In other cases currency transactions according to the credit agreement are performed through the accounts opened in the authorized bank which drew up PS according to the credit agreement.

2.8. The resident performs currency transactions according to the credit agreement only through the accounts opened in PS bank, except for the currency transactions according to the credit agreement performed through the accounts opened in nonresident bank in the cases provided by acts of the foreign exchange legislation of the Russian Federation or acts of bodies of currency control or in other cases - based on the permissions issued by the Bank of Russia.

2.9. PS bank in day of registration or renewal of the transaction certificate by it according to the credit agreement according to the procedure, established by this Instruction, creates and keeps in electronic form the sheet based on information containing:

in the transaction certificate which procedure for registration is established by this Instruction;

in certificates of the currency transactions represented by resident to PS bank according to the procedure, established by this Instruction;

in the settlement documents processed and represented by resident to PS bank when implementing settlings with nonresidents in currency of the Russian Federation according to the credit agreement according to the procedure established by this Instruction;

in the certificate of the calculations through accounts abroad on the credit agreement, the certificate of the receipt of currency of the Russian Federation represented by resident according to the procedure, established by this Instruction;

in the documents confirming obligation fulfillment with different way.

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