Approved by the Central bank of the Republic of Uzbekistan of June 24, 2000 No. 393

IT IS APPROVED State Customs Committee Republic of Uzbekistan On June 30, 2000 No. 02/20-36

State Tax Committee Republic of Uzbekistan On June 30, 2000 No. 2000-76

Regulations on procedure for registration and control of execution of export and barter contracts in authorized banks

List of amending documents

This Provision is developed according to articles 7 and 40 of the Law of the Republic of Uzbekistan "About the Central bank of the Republic of Uzbekistan", the Law of the Republic of Uzbekistan "About currency control", the Law of the Republic of Uzbekistan "About the contractual legal base of activities of business entities", Article 94 of the Civil code of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "About foreign economic activity" and "About guarantees of freedom of business activity", the Presidential decree of the Republic of Uzbekistan of April 20, 1994 NUP-837 "About Measures for Ensuring Currency Exchange Control for Export-import Transactions", other acts of the legislation and determines procedure for registration of authorized banks of export and barter contracts by organizations and control of their execution.

1. General provisions

For the purpose of this provision the following basic concepts are used:

the export contract - the economic agreement signed between the resident and the nonresident of the Republic of Uzbekistan on commodity export, works, services and also the contracts equated to export according to the legislation (except barter contracts);

the barter contract - the economic agreement signed between the resident and the nonresident on commodity export (works, services) on barter basis;

the economic agreement - the agreement owing to which one party shall transfer goods to the caused time, to perform works or to render services in the field of business activity, and other party shall accept goods, works, services and to pay them;

the companies abroad - trading houses, representations (including without formation of legal entity), the companies founded by business entities of the Republic of Uzbekistan in foreign countries and trade investment houses of Chamber of Commerce and Industry of the Republic of Uzbekistan in foreign countries;

exporters - the legal, and also physical persons performing business activity without formation of legal entity, the residents of the Republic of Uzbekistan which signed export and barter contracts and also the business entities of the Republic of Uzbekistan who are exporting goods to the companies abroad;

the export contract for conversion - the contract signed with the purpose of conversion by the resident of goods of the nonresident in the territory of the Republic of Uzbekistan and/or under customs control;

commodity export - commodity exportation from customs area of the Republic of Uzbekistan without obligation about their return import if other is not stipulated by the legislation;

commodity export on consignment basis - transaction on commodity exportation of Uzbekistan for the purpose of their realization from the warehouses located out of the territory of the Republic of Uzbekistan in case of which the transfer of property from resident to the nonresident on goods Is performed at the time of their realization;

export of works (services) - accomplishment (rendering) of works (services) by legal entity and physical person of the Republic of Uzbekistan to legal entity or physical person of foreign state irrespective of the place of their accomplishment (rendering);

conversion - conversion and processing of goods, repair of goods, including their recovery and arrangement, production of goods, including installation, assembly and adjustment under other goods, use fully or partially other goods helping or facilitating conversion;

conversion products - products received owing to conversion of goods (raw materials supplied by the customer);

authorized bank - the commercial bank which obtained the license of the Central bank for carrying out foreign currency transactions, and also its departments and branches which by head bank are granted the right of implementation of currency transactions.

1.1. In authorized banks all export and barter contracts (except as specified, determined in Item 1.2 of this provision) irrespective of customs regime are subject to accounting, including:

- prisoners at the commodity and raw exchanges of the republic for freely convertible currency;

- for conversion of goods;

- on delivery of goods to the companies abroad, including on consignment basis;

- on delivery of goods according to intergovernmental agreements.

concluded with nonresidents in foreign currency on delivery of goods (works, services) of own production provided to use in the territory of the Republic of Uzbekistan;

concluded by the domestic manufacturing companies of goods (works, services) following the results of the international tenders for the projects performed in the territory of the Republic of Uzbekistan at the expense of means of the international financial institutions, the donor countries, the governments of foreign states, other nonresidents for foreign currency.

1.2. Authorized banks are not subject to accounting:

- the contracts signed at the commodity and raw exchanges of the republic for national currency - bags;

- the transactions connected with commodity exportation for the purpose of forming or replenishment of authorized capital of the companies abroad with participation of the Uzbek investments and also on delivery of goods on a grant basis.

1.3. Statement by authorized banks on accounting of contracts for commodity exportation which export is prohibited is not allowed.

1.4. Export contracts are subject to accounting in organizations of authorized banks in the place of opening of on-demand deposit accounts of exporters in foreign currency.

1.5. The barter contracts signed in accordance with the established procedure are subject to accounting in organizations of authorized banks in the place of opening of on-demand deposit accounts of exporters in foreign currency. In case of absence at exporters of the currency account the barter contract is registered in the place of opening of the on-demand deposit account by them in sumach in authorized bank.

1.6. In case of availability at the exporter of several currency accounts in different organizations of banks the export or barter contract is registered only in one bank chosen by the exporter. At the same time all means under the contract in full shall arrive in that bank in which there is contract on accounting.

1.7. Registration of export and barter contracts baizes, not being representatives, is forbidden.

1.8. Exporters bear responsibility for timely and complete receipt of revenue into their accounts for shipped goods and the rendered services.

At the same time revenue assignment is forbidden by the Uzbek exporters by application of the transferabelny letters of credit and other payment documents performed for benefit of other legal entities.

1.9. Implementation of settlement on export transactions with foreign partners through accounts of firms in foreign banks is forbidden.

1.10. Transfer by exporters of currency earnings into the accounts opened in foreign banks without the permission of the Central bank of the Republic of Uzbekistan is concealment of currency earnings according to the presidential decree of the Republic of Uzbekistan of April 20, 1994 of NUP-837.

2. Procedure for registration of export and barter contracts

2.1. For the purpose of statement in organization of authorized bank on accounting of the export and barter contract by the exporter the following documents are submitted:

2.1.1. the statement in form according to appendix to this Provision;

2.1.2. original of the contract;

2.1.3. copy of the contract;

2.1.4. ceased to be valid according to the Resolution registered by Ministry of Justice of RUZ of 28.12.2012 No. 954-6

2.1.5. ceased to be valid according to the Resolution registered by Ministry of Justice of RUZ of 21.12.2011 No. 954-4

2.1.6. ceased to be valid according to the Resolution registered by Ministry of Justice of RUZ of 28.12.2012 No. 954-6

2.1.7. in case of registration of export contracts of the goods which are exported within intergovernmental agreements, exporters also represent copies of the specified agreements and other necessary documents.

2.1.8. In case of registration of the contracts signed following the results of the international tenders for the projects performed in the territory of the Republic of Uzbekistan at the expense of means of the international financial institutions, the donor countries, the governments of foreign states, other nonresidents, exporters also represent the copy of the conclusion of the tender commission and the copy of the document confirming financing source on this project.

2.2. The export and barter contracts which are subject to registration in the Ministry of Foreign Economic Relations, Investments and Trades are accepted on accounting in authorized banks after their registration in accordance with the established procedure.

2.3. The export contracts signed at the commodity and raw exchanges of the republic for foreign currency are subject to accounting in authorized banks after their registration at the commodity and raw exchanges of the republic and registration in customs authorities.

2.4. Registration of export and barter contracts in authorized banks is performed during eight working hours.

2.5. Organizations of authorized banks in case of acceptance for accounting of export and barter contracts without fail check the following:

2.5.1. availability of the documents provided in Item 2.1 (3.2) this provision;

2.5.2. in the contract along with other stipulated by the legislation conditions it shall be specified:

- the price determined in hard currency;

- the total amount of the contract determined in foreign currency (except for specific export service provision contracts in which it is impossible to determine the total amount of the contract);

- conditions and delivery dates of goods (rendering services);

- forms, conditions and payment due dates of goods (services);

- responsibility of the parties for non-execution of the obligations;

- complete details of the foreign partner (the country, complete address and the name of the foreign partner, the name of the bank servicing it, account numbers);

2.5.3. in the export contract for conversion it shall be specified:

- the cost and quantity of the processed goods, cost and quantity of the exported conversion products, and also conversion cost;

- terms of conversion of goods and export of products of conversion;

- receipt from the foreign partner of foreign currency for the rendered services in conversion of goods in the corresponding amounts, with indication of terms and payment methods (under contracts with payment terms of the rendered services by money);

- implementation of obligatory sale in the established amounts (under contracts with payment terms of the rendered services by the imported raw materials);

2.5.4. the payment currency in export contracts shall be specified in foreign currency (except as specified, determined by the legislation);

2.5.5. in barter contracts the conditions providing the advancing delivery of import goods or submission of counter bank guarantees are without fail checked;

2.5.6. forms of calculations and terms of receipt of revenue provided in the contract shall conform to the requirements established by the legislation of the republic;

2.5.7. according to the export and barter contracts which are subject to registration in the Ministry of Foreign Economic Relations, Investments and Trades availability of the corresponding stamp on each leaf of the original of the contract with the signature of authorized officers of the Ministry of Foreign Economic Relations, Investments and Trades is checked;

2.5.8. under the export contracts signed at the commodity and raw exchanges of the republic for foreign currency it is checked, availability of the identification number assigned by the commodity and raw exchanges to the contract:

2.5.9. ceased to be valid

2.5.10. the copy of the contract shall be identical to the original of the contract.

2.6. In case of discrepancy of the submitted documents to the established requirements organization of authorized bank the written motivated refusal in registration of export and barter contracts and all submitted documents for their reduction goes to compliance with the current legislation to the exporter.

2.7. After consideration of the contract, in case of compliance of the submitted documents to the established requirements, on each leaf of the original of the contract and its copy the signature of the chief of division on accounting and control of execution of export-import contracts and stamp of organization of authorized bank is put down, identification number which is introduced on the first page of the contract is assigned to the contract in accordance with the established procedure. After statement of the contract for accounting in authorized bank of the data under export contracts are entered into the Single electronic information system of the foreign trade transactions, and the original of the contract returns to the exporter. Export and barter contracts under the terms of which crossing of goods through customs area of the Republic of Uzbekistan is provided are subject to registration in customs authorities after their registration in authorized banks of the Republic of Uzbekistan.

3. Procedure for registration of supplementary agreements to export and barter contracts

3.1. Any changes and amendments of terms of the contract shall be fixed in the supplementary agreement.

All supplementary agreements are subject to accounting in that organization of bank in which there are relevant contracts on accounting.

3.2. For registration of the supplementary agreement to the export and barter contract the exporter represents to organizations of authorized banks;

3.2.1. the statement in form according to appendix to this Provision;

3.2.2. original of the supplementary agreement;

3.2.3. copy of the supplementary agreement.

3.3. Supplementary agreements to the contracts specified in Items 2.2 and 2.3 of this provision are subject to accounting in organization of authorized bank after their registration in relevant organs.

3.4. Further registration of supplementary agreements is performed according to the procedure, provided by Items 2.4 - 2.7 this provision.

4. Procedure for maintaining special magazines

4.1. The export and barter contracts accepted on accounting (supplementary agreements to them) are registered in special magazines which shall be numbered, strung together and under seal organizations of bank.

4.2. In special magazines on accounting of export and barter contracts the following without fail shall be specified:

- date of registration of the contract;

- under the contracts which are subject to registration in the Ministry of Foreign Economic Relations, Investments and Trades, date and certificate number of registration of the contract;

- assigned identification contract number;

- full name of the exporter and importer;

- number and date of the contract;

- total amount of the contract;

- date of removal from accounting of the contract;

- basis for removal from accounting of the contract.

4.3. Data of special magazines on accounting of export and barter contracts shall be duplicated without fail in the corresponding computer databases.

5. Procedure of control of execution of export and barter contracts

5.1. Under each registered export (barter) contract by authorized bank it is controlled behind the transactions connected with its execution.

5.2. All arrived revenue under the registered contracts is enlisted on transit accounts of exporters what authorized banks no later than the next working day inform exporters in accordance with the established procedure on.

If according to payment documents it is impossible to determine under what contract money in commodity export payment arrived (works, services), the exporter from the date of receipt of the notice submits within three-day term within authorized bank information containing numbers and dates of the signed contracts by which revenue, and also other data necessary for implementation by bank of proper control of their execution arrived.

5.3. In case of receipt of revenue in authorized bank under the contract which is not registered in it, the exporter (depending on circumstances) the following is performed:

5.3.1. if the contract under which means arrived is on accounting in other authorized bank, the exporter within three working days the remittance order of the arrived means in full in the relevant authorized bank, and also the copy of the contract which is on accounting in this authorized bank is submitted in authorized bank;

5.3.2. if the contract under which means arrived is not registered in one authorized bank of the Republic of Uzbekistan, the exporter submits to authorized bank documents according to the Section 2 this provision for registration of the contract.

5.4. ceased to be valid according to the Resolution registered by Ministry of Justice of RUZ of 28.12.2012 No. 954-6

5.5. After shipment of goods out of limits of customs area of the Republic of Uzbekistan the exporter within five working days shall provide to authorized bank in which there is contract on accounting, the copy of the cargo customs declaration.

The exporters performing export of services and works shall represent To authorized bank in which are the contract on accounting, copies of acts of the performed works, invoices, invoices and other business documents connected with execution of contracts, in time, not exceeding one month from the date of their signing.

The exporters performing delivery of goods under the export contracts provided by paragraphs the sixth and seventh Item 1. 1, are represented to authorized bank in which there is contract on accounting, settlement reconciliation statements and/or copies of other documents confirming accomplishment of the obligations to the contractual partner.

At the same time copies of the above-stated documents are certified by the signature of person having the right of the first signature according to the on-demand deposit account of the exporter and impress of a seal of the exporter (the impress of a seal of the exporter is not required in case of the conclusion of the contract by the individual entrepreneur without formation of legal entity).

5.6. By authorized banks based on the documents specified in Item 5.5 of this provision and also based on registers of the cargo customs declarations which are monthly sent by customs authorities in accordance with the established procedure it is controlled behind timely and complete receipt of revenue into accounts of exporters.

5.7. In case of not receipt or incomplete receipt of export revenue or goods in time, established by the legislation, from the date of customs clearance of goods (based on these registers of cargo customs declarations, copies of the cargo customs declarations and registers received from the Single electronic information system of the foreign trade transactions and copies of cargo customs declarations) or from the date of performance of works, rendering services (from signature date of acts of the performed works, services and other documents) the authorized bank monthly to the 10th following for reporting in writing informs territorial tax authorities in place of registration of business entity and customs authorities on places for taking measures according to the legislation.

5.8. According to export and barter contracts obligatory sale from revenue in foreign currency according to the procedure and the sizes established by the legislation is performed.

5.9. The exporters which are performing export of services and who paid taxes on the gained income (profit) on rendering services in the country of the importer in the procedure established by the legislation represent to the authorized bank confirmation about payment of these taxes abroad. At the same time, the amount paid in the procedure for taxes established by the legislation is not considered as receivables under the contract.

In case of establishment of the facts of unreasonable payment of these taxes, their reduction or return, receivables under the contract are subject to recovery in accordance with the established procedure.

5.10. In cases when implementation of payments under export contracts is performed through the banks having correspondence relations with banks of the Republic of Uzbekistan due to the lack of direct correspondent accounts between the banks servicing the exporter and the importer and when the banking fee of corresponding bank is paid for the account of the means arriving into the account of the exporter, it shall not be considered as receivables, and it is considered in account part of balance of the exporter.

5.11. Authorized banks shall enter timely and authentically information into the Single electronic information system of the foreign trade transactions.

 5.12. Implementation of settlement within two and more export contracts signed by the exporter with one foreign partner is allowed. At the same time obligatory sale under these contracts shall be performed in accordance with the established procedure.

5.13. At the request of exporters authorized banks issue the register of certificates of calculations which is printed out from the Single electronic information system of the foreign trade transactions.

 6. Procedure for removal from accounting of export and barter contracts.

"6.1. Removal from accounting of export and barter contracts in authorized bank is performed:

a) based on the address of the exporter:

in the absence of receivables and payables and implementation of obligatory sale according to export and barter contracts in accordance with the established procedure;

in case of write-off of accounts payable in the income of the company on which the term of limitation period, according to the civil legislation expired;

by transfer of cases on contracts to other authorized banks under the delivery-acceptance certificate;

b) after one year from the date of registration of the contract in bank if in this time payment is not made and the goods (work, service) are not exported;

c) on decisions of the courts;

d) in case of liquidation of the export company;

e) on the goods which are taken out to the address of the company abroad and became useless in the course of transportation and storage or for the reasons which are not depending on the exporter and the company abroad based on the appraisal certificate of the relevant authorized body and/or confirmation of customs authority of the country of finding of goods about their destruction under customs control;

e) under export contracts for conversion after receipt from the supplier of goods of revenue in foreign currency in full (under contracts with payment terms of services by money), implementation of obligatory sale in accordance with the established procedure, and also export in the corresponding amounts of products of conversion in customs regime "export" based on supporting documents (the copy of cargo customs declarations, acts of the performed works, etc.).

6.2. In case of removal from accounting of contracts in special magazines the corresponding marks become and information on execution of the contract including is constituted in duplicate:

- number and date of the contract;

- numbers and dates of cargo customs declarations (invoices, invoices, etc.) and the amount of shipped goods (the performed works, the rendered services);

- date and the amount of the arrived revenue (goods);

- date and the amount of the performed obligatory sale under export contracts;

- date of removal from accounting of the contract;

- basis for removal from accounting of the contract.

Information is signed by the chief of division on accounting of contracts, and is sealed by the head and the chief accountant of organization of authorized bank.

6.3. After removal of contracts from accounting by authorized bank in one-day time information on it is entered into the Single electronic information system of the foreign trade transactions.

7. Procedure for business management according to export and barter contracts

7.1. According to each export and barter contract case in which the following documents are filed opens:

- provided by Items 2.1. 1, 2.1.3 - 2.1.7, 3.2.1 and 3.2.3 of this provision.

(Paragraph third Item 7.1. Chapter 7 it is excluded, paragraphs of the fourth or seventh are considered respectively as paragraphs as the third or sixth according to the Resolution of Board of the Central Bank of the Republic of Uzbekistan of 08.06.2013 No. 12/2)

- statements from registers and the copy of cargo customs declarations.

- copies of acts of the performed works (the rendered services), invoices and other business documents.

- information on execution of contracts.

- other documents connected with execution of the contract (the statement from personal accounts, correspondence with the exporter, tax and customs authorities, etc.).

7.2. Cases on export and barter contracts are stored in organizations of authorized banks within three years from the date of their removal from accounting.

7.3. Special magazines of registration of export and barter contracts are stored in organizations of authorized banks within three years from the date of their complete filling.

8. Procedure for transfer of cases on export and barter contracts

8.1. Transfer of cases on Export and barter contracts is performed only in case of transition of the exporter to servicing from one organization of bank in another based on the statement of the exporter and the consent of organization of bank on its acceptance to settlement servicing.

8.2. By transfer of cases the delivery-acceptance certificate in duplicate is drawn up. The cases are submitted purposely by responsibles of organizations of banks.

8.3. In organization of the authorized bank which submitted the cases there are delivery-acceptance certificate of cases and information on execution of contracts.

9. Responsibility and reporting of authorized banks

9.1. Authorized banks create the computer databases containing data on the signed contracts, the performed cash and commodity transactions on them which are used for creation of forms of otchetnost and information.

9.2. Authorized banks represent the reporting on execution of export and barter contracts, to the Central bank it territorial offices in forms and to the terms established by the Central bank of the Republic of Uzbekistan.

9.3. With tax and customs authorities authorized banks perform exchange of information about the foreign trade transactions of clients according to the procedure, established by the legislation.

9.4. Authorized banks bear responsibility for timely and correct accounting of contracts, control of receipt of revenue into accounts of exporters, the correct application of payment methods.

9.5. For violation of established procedure of accounting of export and barter contracts penalties according to the procedure and the sizes established by regulations of the Central bank of the Republic of Uzbekistan are applied to authorized banks.

9.6. In case of identification of the facts of concealment of revenue in foreign currency or its assignments by tax authorities are applied financial sanctions according to the legislation.

9.7. Authorized banks keep the isolated account of export and barter contracts by exporters to which financial sanctions and other measures in the procedure established by the legislation are applied, and also declared bankrupt.

10. Final provisions

10.1. With the edition of this provision the Accounting treatment for export and barter contracts and control of their execution approved by the Central bank of the Republic of Uzbekistan on March 28, 1998 N 393 and registered by the Ministry of Justice of the Republic of Uzbekistan on August 3, 1998 N 465 voids.

Appendix №1

                                Руководителю

                                ___________________________________
                                 (наименование учреждения банка)
                                от_________________________________
                                ___________________________________
                                     (наименование экспортера)

                              ЗАЯВЛЕНИЕ
            на принятие экспортного (бартерного) контракта
           (дополнительного соглашения к контракту) на учет
                  в отделении уполномоченного банка

     Просим (шу)  вас  принять на учет экспортный (бартерный) контракт
(дополнительное соглашение к контракту), заключённый (ое) с
______________________________________________________________________
     (полное наименование инопартнера, его обслуживающего банка,
                             государства)

     от "__"________________года N___ на экспорт товаров,  работ услуг
(указать каких).

                                                        Приложения;

     оригинал и  копия   контракта   (дополнительного   соглашения   к
контракту)
______________________________________________________________________
______________________________________________________________________
на ____ листах.

     Настоящим обязуемся(юсь)  своевременно  представлять  необходимые
документы  и  информацию  в  соответствии  с действующими нормативными
актами.

     Руководитель
     ______________________         ____________________________
          (подпись)                      (фамилия и инициалы)

     Главный бухгалтер*
     "__"_________________года

     ______________________         ____________________________
             (подпись)                    (фамилия и инициалы)

* Note. In case of registration of the export (barter) contract by the individual entrepreneurs performing svoyudeyatelnost without formation of legal entity, the signature of glavnogobukhgalter is not required.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info