INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of November 30, 2015 No. 3865-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 November 27, 2015 No. 35) 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, on August 15, 2013 No. 29394, on December 12, 2014 No. 35153, on July 1, 2015 No. 37876 ("the Bulletin of the Bank of Russia" of August 17, 2012 No. 48 - 49, of August 21, 2013 No. 44, of January 22, 2015 No. 2, of July 22, 2015 No. 60) (further - the Instruction No. 138-I), the following changes.

1.1. The fifth Item 2.4 to add the paragraph with words ", except for case of transfer of foreign currency into the account of resident on the agreement of financing under concession of monetary claim (factoring) and (or) the agreement on the subsequent concession of monetary claim in the case specified in Item 12.15 of this Instruction;".

1.2. "Implementation currency" to add the name of Chapter 3 after words with words ", and also others".

1.3. In Item 3.1:

in paragraph one the floor is "given" shall be be replaced with words "and also the financial agent (factor) - resident to which the monetary claim (including as a result of the subsequent concession) following from the agreement (contract) signed by the nonresident with the resident who is subject to its terms and conditions the person giving to this nonresident goods, performing for it works, rendering him services, transferring it information and results of intellectual activities, including exclusive rights to them (further - the financial agent (factor) - resident) is yielded, in case of write-off of currency of the Russian Federation from the settlement account for benefit of resident according to the agreement of financing under concession of monetary claim (factoring) and (or) the agreement on the subsequent concession of monetary claim represent";

third to state the paragraph in the following edition:

"the documents connected with carrying out the transaction specified in the settlement document.".

1.4. State Item 3.6 in the following edition:

"3.6. The resident represents to authorized bank the certificate of currency transactions and the documents connected with carrying out the transactions specified in it in the following cases:

when implementing the currency transactions connected with transfer on the settlement account of resident in currency of the Russian Federation of currency of the Russian Federation which arrived from the nonresident and (or) with write-off from its settlement account in currency of the Russian Federation of currency of the Russian Federation for benefit of the nonresident under the contract (credit agreement) under which the transaction certificate is drawn up;

in case of transfer on the settlement account of resident in currency of the Russian Federation currencies of the Russian Federation which arrived from the financial agent (factor) - resident under the agreement of financing under concession of monetary claim and (or) to the agreement on the subsequent concession of the monetary claim following from the agreement (contract) signed between the resident and the nonresident on whom the transaction certificate is drawn up;

when implementing the currency transactions connected with transfer on the settlement account of the financial agent (factor) - resident in currency of the Russian Federation currencies of the Russian Federation which arrived from the nonresident under the agreement (contract) which is not providing execution of the transaction certificate. In this case the financial agent (factor) - the resident specifies in the certificate of currency transactions code of type of currency transaction, proceeding from being of obligations and contract type on which calculations of the nonresident are perfromed (for the goods transferred to the nonresident, the works rendered to him services performed for it, transferred to it information and results of intellectual activities, including exclusive rights to them).

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