LETTER OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 16, 2012 No. 157-T

About implementation by authorized banks of currency control over carrying out by residents the currency transactions connected with payment of the goods moved on the territory of the Customs union

When implementing by authorized banks of currency control over carrying out by residents the currency transactions connected with payment (transfers) under agreements in foreign trade (contracts) signed with nonresidents according to whom movement of goods is performed between the territories of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, the Bank of Russia along with the recommendations containing in the letter of the Bank of Russia of June 11, 2010 No. 83-T "About features of work of authorized banks with the commodity-transport delivery notes which are drawn up by consignors in the territory of the Republic of Belarus" ("the Bulletin of the Bank of Russia" of June 17, 2010 No. 33) and the letter of the Bank of Russia of May 12, 2011 No. 70-T "About the commodity-transport delivery notes which are drawn up by consignors in the territory of the Republic of Belarus" ("the Bulletin of the Bank of Russia" of May 18, 2011 No. 28) recommends to authorized banks based on subitem 9.1.2 of the Instruction of the Bank of Russia of June 4, 2012 No. 138-I "About procedure for representation by residents and nonresidents to authorized banks of the documents and information connected with carrying out currency transactions, procedure for execution of passports of transactions, and also accounting treatment by authorized banks of currency transactions and control of their carrying out", registered by the Ministry of Justice of the Russian Federation on August 3, 2012 No. 25103 ("Bulletin of the Bank of Russia" from August 17, 2012 No. 48-49), to consider as transport documents including the documents specified in the enclosure of the Federal Tax Service of June 29, 2010 No. ShS-37-3/5424 @ "About samples of forms of transport (consignment) documents" in the enclosure of the Federal Customs Service of July 2, 2010 No. 04-34/32666 "About the direction of information", in the enclosure of the Federal Customs Service of May 2, 2012 No. 04-30/22006 "About the direction of information", including the consignment note, superimposed "SMR", superimposed "SMGS", the freight bill, the bill of lading.

According to part 5 of article 23 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. 50, of the Art. 7348, of the Art. 7351) (further - the Federal Law No. 173-FZ) non-presentation by the resident in authorized bank when implementing the currency transactions connected with payment (transfers) under agreements in foreign trade (contracts) signed with nonresidents according to whom movement of goods is performed between the territories of the Russian Federation of the Republic of Belarus and the Republic of Kazakhstan, the transport documents specified in this letter and also submission of invalid and/or doubtful documents to them can be the basis for application of the paragraph by authorized banks of the fourth of part 5 of article 23 of the Federal Law No. 173-FZ.

Bring contents of this letter to the attention of credit institutions.

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