The current system for declaring economic transactions abroad, which dates back to 1991, is faced with a number of changes to the Community rules and the settlement systems of payment transactions. directly affect you.

In particular, Regulation (EC) No 2560/2001 of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 contains a review clause in Article 15 (1) of Regulation (EC) No 2560/2001. By virtue of which, by 31 October 2011 at the latest, the Commission will present a report on the desirability of 'abolishing the national reporting obligation on payments'. This report may be accompanied, where appropriate, by a proposal.

This review will in all likelihood, as observed in the regulatory trends experienced by most Member States of our environment, lead to the removal of the national reporting obligation on payments. for statistical purposes. In order to anticipate this change, it is necessary to reform the rules of economic transactions with the outside world and to repeal those provisions which maintain the obligation of the institutions to submit information of which they do not have immediate and automatizable form and, on the contrary, the obligation to send the one which is immediately available. In this way, the duty of registered entities to require their clients to complete the information of the transactions in which they are involved is abolished, in order to send it back to the Banco de España.

After the corresponding reform of the Royal Decree 1816/1991 of 20 December on Economic Transactions with the Exterior, and in its development, this ministerial order will allow to complete the normative modifications necessary to ensure the maintenance of the information currently available, in a manner compatible with the regulatory trends previously reflected and through two different sources: one, the automatic information provided by the registered entities and another, the one obtained from the data required by the Bank of Spain to those who carry out acts, business, transactions and operations with the outside, in accordance with the obligation laid down in article 3 of Law 19/2003, of July 4, on the Legal Regime of the Movements of Capitals and of External Economic Transactions.

In its virtue, I have:

Single item. Amendment of the Order of 27 December 1991 for the development of Royal Decree 1816/1991 of 20 December 1991 on economic transactions with the outside world.

The Order of 27 December 1991 for the development of Royal Decree 1816/1991 of 20 December 1991 on economic transactions with the outside world is hereby amended as follows:

One. Article 2 is worded as follows:

" By virtue of the provisions of Royal Decree 1816/1991, the residents referred to in Article 2 may freely make payments and payments to each other on banknotes of foreign banks or by means of credit or debit open currency in banking offices operating in Spain or abroad, without prejudice to the obligations imposed in Articles 4 and 7 of the Royal Decree and in the commercial rules applicable to them. "

Two. Article 5 is worded as follows:

" 1. Charges and payments between residents and non-residents and transfers from or abroad effected in accordance with the provisions of Article 5 of Royal Decree 1816/1991 are subject to the obligation to declare the data relating to the operation by the Registered Entities.

2. In the case of cross-border charges and payments ordered or received by residents in which a payment service provider of another Member State of the European Union is involved, to which Regulation (EC) No 924/2009 of 16 December 2009 applies. September, concerning the Transfrontier Payments in the Community or, in the case of fertilisers and debits in the accounts of non-resident customers, the Registered Entities shall provide the competent bodies of the Administration of the State and the Bank of Spain information relating to charges, payments or external transfers in which Intervene. The Banco de España shall determine the procedure and frequency of the information to be sent by the Registered Entities to that body, which shall include the resident's name or social name and NIF, amount, currency and country of origin or destination of the collection, payment or transfer, debit and credit account information and other available data to be determined, provided that their collection does not have an impact on the automated direct processing of payments and can be carried out in full automatic.

In the remaining cases of cross-border charges and payments, the Registered Entities shall provide in an automated manner to the competent authorities of the State Administration and the Banco de España the information available on to charges, payments or external transfers in which they are involved. The Banco de España shall determine the procedure and frequency of the information to be sent by the Registered Entities to that body, which shall include, at least, the name or social name and NIF of the resident, amount, currency and country of origin or destination of the collection, payment or transfer and data from the debit and credit account.

3. Failure by the Registered Entities to comply with the information obligations referred to in the preceding paragraphs or the lack of veracity of the information provided may constitute an infringement, as provided for in Article 8 of Law 19/2003, of July 4, on the legal regime of the movements of capital and economic transactions with the exterior. "

Three. Article 6 is worded as follows:

" 1. In accordance with the provisions of Article 6 of Royal Decree 1816/1991, the opening and maintenance, by residents of Spain, of accounts, savings or time-limits, denominated in euro or in foreign currency, in operative offices in the foreign, both "registered entities", and other banking or credit institutions.

2. It is also free to open and maintain residents of account, savings or time-denominated accounts denominated in foreign currency, in operating offices in Spain of registered entities. "

Four. Article 8 is worded as follows:

" Based on the provisions of Article 9 of Royal Decree 1816/1991, the Registered Entities, in the case of transactions, transactions, acts or businesses with non-residents, as well as in the variations in accounts or positions (a) a debtor or creditor vis-à-vis the outside, and residents who carry out the operations referred to in Article 1 of that royal decree or maintain assets or liabilities abroad, shall be subject to the obligation to provide the the competent authorities of the State Administration and the Banco de España the data required, in the form, periodicity and for the amount determined for the purposes of administrative, fiscal and statistical monitoring of operations. '

Single transient arrangement. Transitional arrangements for reporting and reporting obligations on economic transactions with the outside world.

The subjects who, prior to the entry into force of this order, are obliged to provide information or to make statements about economic transactions with the outside, shall continue to facilitate and declare that information in accordance with the previous reporting system until 31 December 2013, without prejudice to the fulfilment of the reporting obligations set out in this order.

Single end disposition. Entry into force.

This Order will enter into force on June 1, 2012.

Madrid, October 7, 2011. -Vice President of the Government of Economic Affairs and Minister of Economy and Finance, Elena Salgado Méndez.