INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of June 14, 2013 No. 3016-U

About modification 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"

1. 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 June 10, 2013 No. 12) to bring in 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 ("the Bulletin of the Bank of Russia" of August 17, 2012 No. 48-49) (further - the Instruction No. 138-I), the following changes.

1.1. Add Item 2.1 with the paragraph of the following content:

"In the certificate of currency transactions represented by resident when implementing the transactions connected with transfer of foreign currency on transit account information on transactions on write-off of the enlisted foreign currency from transit account can be specified.".

1.2. Add Item 2.4 with the paragraph of the following content:

"in case of write-off by the resident of foreign currency from the settlement account in foreign currency for benefit of the physical person - the nonresident, connected with implementation of pension payments, compensations, benefits and other payments in the cases established by the legislation on provision of pensions and insurance.".

1.3. Add Chapter 2 with Item 2.10 of the following content:

"2.10. In case of disagreement of resident with contents of information in the certificate of currency transactions completed with authorized bank according to the paragraph the seventh Item 2.4 of this Instruction, the resident in time no later than 15 working days after the date of receipt of the certificate of currency transactions completed with authorized bank submits within authorized bank the adjusting certificate of currency transactions containing the corrected data with appendix of the statement constituted in any form with indication of in it disagreement reasons with contents of the certificate of currency transactions completed with authorized bank, and appendix of the additional documents (in case of their availability) connected with carrying out currency transactions if they were not earlier provided to authorized bank.".

1.4. In paragraph one of Item 3.1 of the word "for benefit of the nonresident" to exclude.

1.5. Add Item 3.4 with the paragraph of the following content:

"In the cases specified in paragraphs the second - pole of this Item, the code of type of currency transaction at the discretion of the nonresident can be specified in the settlement document on currency transaction proceeding from nature of the performed currency transaction if the corresponding code of type of currency transaction contains in appendix 2 to this Instruction.".

1.6. Add Item 3.9 with the paragraph of the following content:

"In case of disagreement of resident with contents of information in the certificate of currency transactions completed with authorized bank according to paragraph one of this Item, the resident in time no later than 15 working days after the date of receipt of the certificate of currency transactions completed with authorized bank submits within authorized bank the adjusting certificate of currency transactions containing the corrected data with appendix of the statement constituted in any form with indication of in it disagreement reasons with contents of the certificate of currency transactions completed with authorized bank, and appendix of the additional documents (in case of their availability) connected with carrying out currency transactions if they were not earlier provided to authorized bank.".

1.7. The paragraph one of Item 4.1 to add with the offer of the following content: "The authorized bank does not store in the electronic form data on the currency transactions performed by residents and nonresidents through their accounts on contribution (deposit) opened in this authorized bank specified in appendix 3 to this Instruction.".

1.8. "Transfer" to add subitem 5.1.4 of Item 5.1 after the word with words "movable and (or)".

1.9. State Item 5.2 in the following edition:

"5.2. Requirements of this Section extend to contracts (credit agreements), the amount of obligations under which is equal or exceeds 50 thousand dollars of the USA in equivalent.

The amount of contract obligations (credit agreement) is determined for date of the conclusion of the contract (credit agreement) or in case of change of the amount of contract obligations (credit agreement) for date of the conclusion of the last changes (amendments) to the contract (credit agreement) providing such changes, by the official rate of foreign currencies in relation to the ruble established by the Bank of Russia or if the official rate of foreign currencies in relation to ruble is not established by the Bank of Russia at the foreign exchange rate established by the different way recommended by the Bank of Russia (further - the foreign exchange rate in relation to ruble).".

1.10. In Item 6.4 of the word "in Chapter 12" shall be replaced with words "Item 7 in paragraph one. 10, Chapters 12 and 13".

1.11. In Item 6.5:

to add subitem 6.5.3 after the words "as a result of which amount of contract settlements (credit agreement)" with the words "it will be equal or";

state subitem 6.5.4 in the following edition:

"6.5.4. in case of obligation fulfillment under the contract by means of export from the territory of the Russian Federation or import to the territory of the Russian Federation of goods in case of availability in regulatory legal acts in the field of customs affairs of the requirement about declaring to customs authorities of goods - no later than date of submission of the declaration on goods, the document used as the declaration on goods, statements on conditional release (statements on release of component of exported goods);".

1.12. In Item 6.6:

state subitem 6.6.1 in the following edition:

"6.6.1. one copy of the PS form (form 1 and (or) form 2), filled according to the procedure, given in appendix 4 to this Instruction;";

in subitem 6.6.2 of the word "the containing information, necessary for registration of PS" shall be replaced with words "the containing information necessary for registration of PS, and also information connected with the terms specified regarding 1.1 articles 19 of the Federal law "About Currency Control and Currency Exchange Control", including information on conditions of contract settlements";

add with subitem 6.6.4 of the following content:

"6.6.4. the notification on opening (closing) of the account (contribution), on change of account details (contribution), on availability of the account (contribution) accepted by tax authorities in the place of accounting of resident in the bank located outside the territory of the Russian Federation - in case of implementation of the currency transactions connected with contract settlements (credit agreement) on which PS, through the accounts of resident opened in nonresident bank is drawn up.".

1.13. State Item 6.7 in the following edition:

"6.7. The authorized bank accepts the contract (credit agreement) on servicing and draws up on it PS or refuses acceptance on servicing of the contract (credit agreement) and registration of PS on it in time, not exceeding three working days after date of submission by the resident of documents and information which are specified in Item 6.6 of this Instruction, except for the case specified in the paragraph the second this Item.

In case of implementation of the currency transactions connected with contract settlements (credit agreement) on which PS is drawn up through the accounts of resident opened in nonresident bank, the authorized bank accepts the contract (credit agreement) on servicing and draws up on it PS or refuses acceptance on servicing of the contract (credit agreement) and registration of PS on it in time, not exceeding ten working days after date of submission by the resident of documents and information which are specified in Item 6.6 of this Instruction.

Documents and information which are specified in Items 6.6 and 6.11 of this Instruction are considered submitted by resident in time, stipulated in Item 6.5 these Instructions if the authorized bank in the specified time accepted the documents submitted by resident and information, the contract (credit agreement) accepted on servicing and drew up on it PS.".

1.14. State Item 6.8 in the following edition:

"6.8. In case of acceptance on servicing of the contract (credit agreement) authorized bank in stipulated in Item 6.7 these Instructions term creates PS in the form of the electronic document and assigns it number according to the procedure, established by appendix 4 to this Instruction.

PS is considered the PS bank of number, putting down of date of registration and the signature of the responsible person which is drawn up after assignment to it.

PS bank provides maintaining PS in electronic form and storage of PS in the form of the electronic document.

The drawn-up PS no later than two working days after date of its registration goes PS bank to resident.".

1.15. In subitem 6.9.3 of Item 6.9 of the word "which are necessary for registration of PS" shall be replaced with words "specified in Item 6.6 of this Instruction", "documents and incomplete information" shall be replaced with words words "documents, incomplete information, doubtful documents (information)".

1.16. State Item 6.11 in the following edition:

"6.11. In case of provision by the resident to authorized bank of the right based on the documents submitted by resident and information specified in Item 6.6 of this Instruction, except for subitem 6.6.1 of Item 6.6 of this Instruction (further - documents and information which are necessary for registration of PS) to fill PS resident with adherence to deadlines, stipulated in Item 6.5 these Instructions, along with documents and information which are necessary for authorized bank for registration of PS submits in authorized bank the application for registration of PS constituted in the form approved by authorized bank with resident.

The authorized bank checks completeness of the documents submitted by resident and information which are necessary for registration of PS, in time, not exceeding three working days after date of their representation by the resident, except for the case specified in paragraph three of this Item.

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