On Introducing Changes And Additions Into The Law Of The Russian Federation "on Currency Regulation And Currency Control"

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О валютном регулировании и валютном контроле"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102071316

Expired-the Federal law from 10.12.2003 N 173-FZ of the RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the law of the Russian Federation "on currency regulation and currency control" adopted by the State Duma April 18, 2001 year approved by the Federation Council May 16, 2001 year, Article 1. To the law of the Russian Federation from October 9, 1992 N 3615-I "on currency regulation and currency control ' (Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 45, art. 2542; Collection of laws of the Russian Federation, 1999, N 1, art. 1; N 28, art. 3461) the following amendments and supplements: 1. In article 1, paragraph 2 shall be amended as follows: "2." securities denominated in the currency of the Russian Federation-payment documents (cheques, promissory notes and other payment documents), securities (including shares and bonds), securities that derive from securities (including depositary receipts), options, which give the right to acquire issued securities, and other debt liabilities denominated in the currency of the Russian Federation. ";
subparagraph b of paragraph 4 shall be amended as follows: "b) securities denominated in foreign currency, payment documents (cheques, promissory notes and other payment documents), securities (including shares, bonds), securities that derive from securities (including depositary receipts), options, which give the right to acquire securities and debt obligations denominated in foreign currency";
Subparagraph d of paragraph 9 should read: "the non-commercial nature) translations, in the Russian Federation and the Russian Federation, including: payment of salaries, stipends, pensions, alimony, government benefits, surcharges and compensations, as well as payments to reimburse for damage caused to employees as a result of accidents or occupational diseases in the performance of their duties;
costs related to the secondment of workers abroad;
payments in connection with the adoption of the inheritance;
payments associated with the burial of the deceased;
the payment of monetary compensation to victims of political repression, their families and heirs;
payment for acquisition and construction outside the territory of the Russian Federation buildings for the needs of diplomatic missions, consular posts and the permanent missions of the Russian Federation to the international interstate (intergovernmental) organizations;
means for the maintenance of diplomatic and other official representative offices of the State abroad;
payments related to notarial and investigative actions, payments related to judicial and arbitral costs, payments for reimbursement of arbitration and administrative bodies, as well as the amount of the State fee paid in connection with the work of these actions and cases in the courts;
payment of money based on sentences, decisions and judicial definitions, investigative and other law enforcement agencies;
payments for participation in international congresses, symposia, conferences, sports and cultural events, as well as in other international meetings, exhibitions and fairs, except expenses for investments and other material costs;
tuition fees for nationals of the State in educational institutions of another State, the treatment of citizens of one State in the treatment-and-prophylactic institutions of another State;
payment of royalties;
contributions to international public associations;
costs associated with touring artists;
other currency transactions, a list of which is established by the Government of the Russian Federation. ";
supplement paragraphs 12 and 13, to read: "12." Freely convertible currency "-foreign currency referred to in paragraph 3 of this article, which, without limitation, exchanged for currency of another foreign State in carrying out current currency operations.
13. For the purposes of this Act, payment dates count when making settlements related to the export of goods is carried out from the date of the actual exported goods crossing the customs border of the Russian Federation. "
2. paragraph 2 of article 5 supplement paragraphs read as follows: "residents can maintain accounts in foreign currency that is not freely convertible currency in banks outside the territory of the Russian Federation for settlement under contracts of international construction contract entered into with the subcontractors who perform certain types of work (services), calculations related to purchase of the necessary for the execution of these contracts of goods, and settlements with seconded by citizens of the Russian Federation carried out in accordance with those treaties. Residents are required to inform the tax authorities of the place of its account on opening the accounts on the basis of the above mentioned contracts and monthly report prior to the tax authorities on the movement of funds in these accounts with application of bank statements on such accounts.
For the purposes of this Act, foreign exchange, is not a freely convertible currency, refers to foreign currency referred to in paragraph 3 of article 1 of this law, which is not exchanged without restrictions on currency of another foreign State in carrying out current currency operations.
Classification of foreign currency to the foreign currency that is not freely convertible currency, as well as determining the opening referred to in the second subparagraph of this paragraph, accounts and providing information on these accounts are carried out by the Central Bank of the Russian Federation. "
3. in paragraph 2 of article 6: to complement the new second paragraph to read: "without restrictions, the following transactions:";
After new paragraph second supplement paragraphs third-sixth reading: "settlements for exports of goods listed in sections XVI, XVII, XIX of the nomenclature of commodities in foreign-economic activity of the Russian Federation, provided that the maturity of the foreign exchange earnings from the sale of those goods for export will not exceed three years from the date of the actual crossing these goods the customs border of the Russian Federation;
payments for produced residents outside the territory of the Russian Federation for construction and contract work for which payment terms in accordance with the terms of the contracts exceeds 90 days, provided that the period of repayment of foreign-currency earnings for construction and contracting work will not exceed five years from the date of conclusion of such a treaty;
calculations of contributions and payments, insurance and reinsurance, performed during the validity period of the contract, provided that the duration of the Treaty will not exceed five years from the date of its conclusion;
translations of individual resident in foreign currency in the Russian Federation and from the Russian Federation to an amount not exceeding 75 thousand dollars carried out by the United States during the calendar year for the purpose of acquiring individual resident rights for securities denominated in a foreign currency, or in order to implement the individual resident owned the rights to these securities. These transfers are carried out by a natural person resident in the authorized bank account, how to open and conduct which shall be determined by the legislation of the Russian Federation. When translating individual resident in foreign currency for the purchase of rights to securities denominated in a foreign currency, this person and an authorized bank, through which has been committed by the specified translation are obliged within 10 working days from the date of such transfer notify on transfer tax authority at the place of posting made this translation of the physical person-resident, with bank statements for the specified account. ";
take the seventh subparagraph of paragraph 2 and, after the words "(work, services, results of intellectual activity)" add the words ", except in the case of foreign exchange transactions referred to in paragraphs third, fourth and fifth of this item".
4. Supplement article 6-1 as follows: "article 6-1. Resident permit 1. Consideration of issuing resident permits required under the currency laws, currency control bodies within the limits of their competence, within two months from the date of filing of the application for the specified permission.
2. In the absence of a resident of a full set of documents required in accordance with the prescribed procedures, exchange control authority within one month from the date of filing of the resident the permit application shall ask him missing documents that must be submitted by a resident of no later than 10 days from the date of receipt of the request.
3. Not later than two months from the date of filing of the resident the permit application exchange control authority is obliged to issue a permit to a resident or submit a motivated refusal to grant such permission.
5. Article 11 shall be amended as follows:

"Article 11. Bodies of currency control and currency control agents 1. Foreign exchange control is implemented in the Russian Federation the Government of the Russian Federation, bodies of currency control and currency control agents in accordance with the legislation of the Russian Federation.
2. currency control Bodies in the Russian Federation are the Central Bank of the Russian Federation, federal bodies of executive power within the competence established by federal laws, as well as the federal body of executive power, authorized by the Government of the Russian Federation.
3. currency control Agents are authorized banks, reporting to the Central Bank of the Russian Federation, as well as organizations subordinate to the federal authorities, in accordance with the legislation of the Russian Federation.
4. Monitoring Commission of foreign exchange transactions by credit institutions and currency exchanges carries out the Central Bank of the Russian Federation.
5. Monitoring Commission of currency transactions residents and non-residents that are not credit institutions or currency exchanges, within its competence, exercise the federal bodies of executive power are organs of currency control and currency control agents.
6. the Government of the Russian Federation provides a delineation of the roles and interaction of federal bodies of executive power in the sphere of currency control, as well as their interaction with the Central Bank of the Russian Federation.
7. the Central Bank of the Russian Federation cooperates with other foreign exchange control authorities within their competence and interacts with them authorized banks as currency control agent. ".
6. paragraph 4 of article 14 shall be amended as follows: "4. The recovery of the sanctions envisaged by this article shall be effected by decision of the exchange control authorities concerned, including the decision rendered on the basis of representations by agents of foreign exchange controls, individuals and legal entities with respect to the order established by the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences.
Decree on the imposition of sanctions for violation of foreign exchange legislation may be appealed by the person against whom it is made in a judicial proceeding.
Complaint against the decision on the imposition of sanctions for violation of currency laws and regulation on eliminating violations of the foreign-exchange regulations can be filed within 10 days from the date of delivery specified statutes and regulations and should be dealt with by the competent bodies within 10 days from the date of its receipt.
The appeal of these regulations or the requirements set term suspends their implementation from the date of adoption of this complaint.
Recoverable amount must be paid no later than 30 days from the date of entry into force of the regulation on the application of sanctions for violation of foreign exchange legislation in force and, in the case of an appeal of the decision no later than 15 days from the date of the abandonment of the above complaints.
In the case of neobžalovaniâ the Ordinance on sanctions for violating currency laws and non-payment of amounts recoverable for breach of foreign exchange legislation voluntarily within the prescribed time-limits recovery of these sanctions is produced without the use of the judicial process. "
Article 2. To entrust the Government of the Russian Federation, within two months from the date of entry into force of this federal law shall bring its normative acts in compliance with this federal law.
Instruct the Central Bank of the Russian Federation, within two months from the date of entry into force of this federal law shall bring its normative acts in compliance with this federal law.
Instruct the Central Bank of the Russian Federation, within one month from the date of entry into force of this federal law to establish an exhaustive list of foreign countries and their currencies in which residents can open accounts in accordance with paragraph 2 of article 1 of the present Federal law.
Article 3. This federal law shall enter into force on the expiry of 30 days from the day of its official publication.
The President of the Russian Federation v. Putin in Moscow, the Kremlin May 31, 2001 N 72-FZ