He regime of statement of them transactions economic with the outside existing in Spain, that data of 1991, is faces to a series of changes operating in them systems of liquidation of them operations of payment that, United to a marked trend towards the review of the regulation of the Union European and of it most of them States members, make required its reform partial.
In particular, regulation 924/2009, of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and which repeals is Regulation (EC) No. 2560 / 2001, contains in its article 15(1) a review clause under which, of October 31, 2011 at the latest the Commission shall submit a report on the desirability of «suppress the national obligation of information on payments». This report may be accompanied, where appropriate, a legislative proposal.
In this same sense, regulation adopted during recent years in practically all Member States provides for the deletion of such obligation of national information on payments, for statistical purposes. In order to align the regulation to the current matter around us financial Spanish and anticipate with the maximum possible efficiency likely reform of regulation 924/2009, it is necessary to reform the regulation of financial transactions with the outside and repeal those provisions which remain the obligation of institutions to transmit information that did not have immediate and automated form and incorporate , by the contrary, the obligation of submit that that itself is of available immediate. Of this mode is suppresses the duty of the entities registered of demand to their customers them data that complete the information of them operations in that involved, for send it later to the Bank of Spain.
Reform that arises, however, will allow the maintenance of the information that is currently available, in a manner consistent with regulatory trends before reflected and through two different sources: one, the automatic information provided by registered entities and the other, obtained from the data requiring the Bank of Spain to perform those acts business, transactions and operations abroad, in accordance with the obligation established in article 3 of law 19/2003, of July 4, on legal regime of movements of capital and economic transactions abroad.
In his virtue, to proposal of the Minister of economy and Hacienda, in accordance with the Council of State, and prior deliberation of the Council of Ministers in its meeting of the day 7 of October of 2011, HAVE: article only. Modification of the Real Decree 1816 / 1991, of 20 December, economic transactions abroad.
The Royal Decree 1816 / 1991, of 20 December, economic transactions abroad, is to be re-worded as follows: one. Article 2 is worded in the following way: "1. for the purposes of the provisions of article 2(3) of law 19/2003, of July 4, on legal regime of movements of capital and economic transactions abroad, the residence or not residence in Spain must be credited in the form provided for in this article."
2 the status of resident in Spain must demonstrate in the following way: to) physical persons of foreign nationality, by card or individual meat of residence authorisation or any other public document stating the grant of the authorization of residence by the competent authority.
Nothing prejudice to the condition of resident of the person physical foreign, for the purposes of the Law 19 / 2003, and of the present real Decree while last your authorization of residence, which have also address in the foreign. In such case is means that has its residence main in Spain, except that had made return of the meat or card's authorization of residence.
Alternatively, them people physical of nationality foreign may prove their condition of resident through certification of residence tax issued by them authorities tax Spanish.
(b) establishments and branches in Spanish territory of foreign juridical persons or natural persons resident abroad, through any public document containing the data corresponding to their Constitution, in accordance with Spanish legislation, or certificate of registration in the commercial register.
(c) the natural persons of Spanish nationality and legal persons domiciled in Spain it shall presume resident in Spain, unless there is evidence to the contrary.
3 the condition of non-resident must demonstrate in the following way: to) Spanish natural persons, by means of certification of the Spanish consular authority issued a maximum two months ahead, attesting to the registration in the register of registration of the Embassy or Consulate section Consular of the corresponding.
(b) the foreign natural persons, through negative certification of residency issued by the competent authority with maximum of two months in advance.
(c) Alternatively, Spanish natural persons or foreign may accredit their status of non-resident certificate issued by the authorities of tax in the country of residence or a statement that manifest that they are tax resident in another State and who do not have permanent establishment in Spain, and the commitment to communicate any alteration of such circumstances.
(d) legal persons domiciled abroad, through reliable document that accredits their nature and home.
(e) branches and establishments abroad of Spanish legal persons or individuals resident in Spain, by means of certification of the corresponding Spanish Consul of which are constituted in the country concerned.
(f) foreign diplomats accredited in Spain and foreign employees providing services in foreign embassies and consulates or international organizations in Spain, through identity card issued by the Ministry of Foreign Affairs."
Two. It article 5 is drafted of the following mode: «1. them collections and payments between residents and not residents, as well as them transfers to the or of the outside, are encrypted all them in euros or in currency foreign, must make is through a provider of services of payment registered in them records official of the Bank of Spain (in forward, entities registered), with them exceptions indicated in them articles 6 and 7 of the present real Decree.»
2. for them collections and payments cross-border ordered or received by residents in which intervene a provider of services of payment of another State member of the Union European to which is of application the Regulation (CE) 924 / 2009, of 16 of September, relative to them payments cross-border in the community or, in them cases of fertilizers and debts in accounts of customers not resident Registered entities will facilitate, in the manner and to the extent determined by the Minister of economy and finance, and within the thirty days following each calendar month, information concerning fees, payments or foreign transfers involving, for the purposes of administrative, fiscal and statistical monitoring of operations. Only information that can be collected automatically, without influencing the direct processing of payments will be requested.
3. in other cases of receipts and payments and transfers provided for in paragraph 1, the registered entities will facilitate, in the manner and to the extent determined by the Minister of economy and finance, and within the thirty days following each calendar month, information concerning fees, payments or foreign transfers involving the effects of administrative follow-up fiscal and statistical operations.»
Three. Article 6 is worded in the following way: "Is free opening and maintenance by residents accounts denominated in euros or in foreign exchange offices operating abroad both entities registered as banks or credit, as well as the receipts and payments between residents and non-residents through credits or debits on accounts."
Four. Article 9 is drawn up in the following way: «the entities recorded, in the case of operations, transactions, acts or business with non-residents, as well as variations in accounts or financial positions debtor or creditor against the outside, and individuals or legal residents who carried out operations of those listed in article 1 of the present Royal Decree or keep assets or liabilities denominated in foreign «, they are subject to the obligation to provide the competent bodies of the General State administration and the Bank of Spain, in the form established by order of the Minister of economy and finance, the data required for the purposes of administrative monitoring, fiscal and statistical operations.»
5. He article 11 is drafted of the following mode: «1. them competencies in matter of movements of capital and transactions economic with the foreign object of the present Royal Decree correspond to the Minister of economy and Hacienda.»
2. the cited powers will be exercised by the Ministry of economy and Hacienda through the address General of the treasure and political financial, and of the Bank of Spain, in accordance with it established in the present article.
(3. correspond to it address General of the treasure and political financial them skills for: to) grant them authorizations, make them checks or establish them controls on them transactions foreign or them collections, payments or transfers with the foreign that, by virtue of the exercise of a clause of safeguard of them planned in the article 3 of the present real Decree, are subject to prohibition or limitation.
(b) establish the procedure and processing relating to the operations referred to in articles 4, 7 and 8 of this Royal Decree.
(c) exercise the control and inspection of the operations carried out through the entities registered.
(d) to exercise the actions of research and inspection that are necessary to prevent and, if necessary, correct the activities contrary to the present Royal Decree.
((e) resolve the administrative disciplinary proceedings referred to in article 8 of law 19/2003, of July 4, on legal regime of movements of capital and economic transactions abroad, within the powers conferred on him by article 12(2) d), of this Act.
4 correspond to the Bank of Spain competencies for: to) grant to banks, savings banks and other financial institutions authorized to act in the foreign, in cases that authorization is required in accordance with the legislation in force, as well as authorizing the activities of currency exchange in premises open to the public in accordance with its regulatory.
(b) issue, in the scope of the powers conferred on him by law 26/1988, of July 29, on discipline and intervention of the credit institutions, the instructions concerning the content, procedure and frequency of communications referred to in article 5 of the present Royal Decree.
(((c) receive, in them terms prevented in the present Royal Decree, and according to the procedure established in accordance with them paragraphs 3 b) and 4 b) earlier, them statements and information to is refer them paragraphs 2 and 3 of the article 5.
(d) exercise the control and inspection of the operations carried out through the entities registered.
«(e) exercise them performances of inspection and research that are necessary to prevent and, in his case, correct them activities contrary to the present real Decree.»
6. Article 17 is drawn up in the following way: «1. liberalization of payments from residents to non-residents and transfers abroad referred to in article 1 of the present Royal Decree shall be without prejudice of the necessary fulfillment of tax obligations, if any, corresponding to the event, transaction or main legal business that such payments or transfers derived» , of compliance with the standards in force applicable.
2. the breach of the obligations set forth in paragraphs 2 and 3 of article 5 and article 8, shall be violation, pursuant to article 8 of law 19/2003, of July 4, on legal regime of movements of capital and economic transactions abroad.'
Sole transitional provision. Regime transitional from the obligations of information and statement on transactions economic with the outside.
Any natural or legal person who, prior to the entry into force of this Royal Decree, was obliged to provide information or making statements about economic transactions abroad, should continue to facilitate and stating that information in accordance with the previous system until 31 December 2013, and this without prejudice to the fulfilment of the obligations of information established in accordance with this Royal Decree and to Royal Decree 664/1999 , of 23 of April, on investments foreign and the regulations that the develop.
Available end only. Entry in force.
This Royal Decree shall enter into force on June 1, 2012.
Given in Madrid, on October 7, 2011.
JUAN CARLOS R.
The Vice-President of the Government's Economic Affairs and Minister of economy and finance, ELENA SALGADO MÉNDEZ