INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 22, 2019 No. 5076-U

About modification of the Instruction of the Bank of Russia of September 16, 2010 No. 136-I "About procedure authorized banks (branches) of separate types of banking activities with cash foreign currency and transactions with checks (including travel checks) which nominal value is specified in foreign currency, with participation of physical persons"

1. According to part 2 of article 11 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; No. 22, Art. 2563; No. 29, Art. 3480; No. 45, Art. 5419; 2008, No. 30, Art. 3606; 2010, No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873; No. 29, Art. 4291; No. 30, Art. 4584; No. 48, Art. 6728; No. 50, Art. 7348, Art. 7351; 2013, No. 11, Art. 1076; No. 19, Art. 2329; No. 27, Art. 3447; No. 30, Art. 4084; 2014, No. 11, Art. 1098; No. 19, Art. 2317; No. 30, Art. 4219; No. 45, Art. 6154; 2015, No. 27, Art. 3972, Art. 4001; No. 48, Art. 6716; 2016, No. 1, Art. 50; No. 27, Art. 4218; 2017, No. 30, Art. 4456; No. 47, Art. 6851; 2018, No. 1, Art. 11, Art. 54; No. 11, Art. 1579; No. 15, Art. 2035; No. 22, Art. 3041; No. 31, Art. 4835, Art. 4836, Art. 4837; No. 32, Art. 5086; No. 49, Art. 7524; No. 52, Art. 8103; No. 53, the Art. 8411), item 4 of Article 4, Article part one 7, the paragraph the fifth Article 34 and part one of article 57 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, Art. 23, Art. 46, Art. 50; No. 26, Art. 3891; No. 27, Art. 4225, Art. 4273, Art. 4295; 2017, No. 1, Art. 46; No. 14, Art. 1997; No. 18, Art. 2661, Art. 2669; No. 27, Art. 3950; No. 30, Art. 4456; No. 31, Art. 4830; No. 50, Art. 7562; 2018, No. 1, Art. 66; No. 9, Art. 1286; No. 11, Art. 1584, Art. 1588; No. 18, Art. 2557; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5115; No. 49, Art. 7524; No. 53, the Art. 8411, the Art. 8440), part five of article 5 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 No. 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, No. 27, Art. 357; Russian Federation Code, 1996, No. 6, Art. 492; 1998, No. 31, Art. 3829; 1999, No. 28, Art. 3459, Art. 3469; 2001, No. 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, No. 27, Art. 2700; No. 50, Art. 4855; No. 52, Art. 5033, Art. 5037; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 1, Art. 18, Art. 45; No. 30, Art. 3117; 2006, No. 6, Art. 636; No. 19, Art. 2061; No. 31, Art. 3439; No. 52, Art. 5497; 2007, No. 1, Art. 9; No. 22, Art. 2563; No. 31, Art. 4011; No. 41, Art. 4845; No. 45, Art. 5425; No. 50, Art. 6238; 2008, No. 10, Art. 895; 2009, No. 1, Art. 23; No. 9, Art. 1043; No. 18, Art. 2153; No. 23, Art. 2776; No. 30, Art. 3739; No. 48, Art. 5731; No. 52, Art. 6428; 2010, No. 8, Art. 775; No. 27, Art. 3432; No. 30, Art. 4012; No. 31, Art. 4193; No. 47, Art. 6028; 2011, No. 7, Art. 905; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 48, Art. 6730; No. 49, Art. 7069; No. 50, Art. 7351; 2012, No. 27, Art. 3588; No. 31, Art. 4333; No. 50, Art. 6954; No. 53, Art. 7605, Art. 7607; 2013, No. 11, Art. 1076; No. 19, Art. 2317, Art. 2329; No. 26, Art. 3207; No. 27, Art. 3438, Art. 3477; No. 30, Art. 4084; No. 40, Art. 5036; No. 49, Art. 6336; No. 51, Art. 6683, Art. 6699; 2014, No. 6, Art. 563; No. 19, Art. 2311; No. 26, Art. 3379, Art. 3395; No. 30, Art. 4219; No. 40, Art. 5317, Art. 5320; No. 45, Art. 6144, Art. 6154; No. 49, Art. 6912; No. 52, Art. 7543; 2015, No. 1, Art. 37; No. 17, Art. 2473; No. 27, Art. 3947, Art. 3950; No. 29, Art. 4355, Art. 4357, Art. 4385; No. 51, Art. 7243; 2016, No. 1, Art. 23; No. 15, Art. 2050; No. 26, Art. 3860; No. 27, Art. 4294, Art. 4295; 2017, No. 14, Art. 2000; No. 18, Art. 2661, Art. 2669; No. 25, Art. 3596; No. 30, Art. 4456; No. 31, Art. 4754, Art. 4761, Art. 4830; 2018, No. 1, Art. 66; No. 18, Art. 2560, Art. 2576; No. 22, Art. 3043; No. 24, Art. 3400; No. 27, Art. 3950; No. 31, Art. 4852; No. 32, Art. 5100, Art. 5115; No. 49, Art. 7524; No. 53, the Art. 8440) and based on 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 January 25, 2019 No. 2) to bring in the Instruction of the Bank of Russia of September 16, 2010 No. 136-I "About procedure authorized banks (branches) of separate types of banking activities with cash foreign currency and transactions with checks (including travel checks), which nominal value is specified in foreign currency, with participation of physical persons", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 No. 18595, on May 19, 2016 No. 42154, the following changes.

1.1. In the paragraph the second Item 1.3 of the word "when implementing transactions according to the bank account, the account on household deposit" shall be replaced with words "the bank account, bank deposit agreement".

1.2. State Item 2.2 in the following edition:

"2.2. Transactions with cash foreign currency and checks are performed if other is not provided by bank account agreement, bank deposit agreement, with use of the foreign exchange rates which are established and change authorized bank (branch) by the following methods:

the order of authorized bank (branch) (further - the order) or the order of the official of authorized bank (branch) which by the head of authorized bank (branch) (his deputy) is granted the right to establish and change the foreign exchange rates (further - the order), and (or)

with use of the automated bank system of authorized bank (branch) according to Item 2.3.1 of this Instruction (further - the automated bank system).

In case of use of the different foreign exchange rates for the different amounts of the bought or sold foreign currency the authorized bank (branch) shall establish and change such courses by the methods specified in paragraphs second and third this Item.

The authorized bank (branch) shall provide identity of the foreign exchange rates, information on which is placed at stands in premises of authorized bank (branch), internal structural divisions of authorized bank (branch) in which transactions with cash foreign currency and checks, and the foreign exchange rates established by the order (order) and (or) with use of the automated bank system are performed.".

1.3. In Item 2.3:

state paragraph two in the following edition:

"The authorized bank (branch) shall specify in the order (order) algorithm of calculation of cross-rates of foreign currencies in case of absence in the order (order) of the actual values of cross-rates of foreign currencies.";

paragraphs the third and fourth to recognize invalid.

1.4. Add with Item 2.3.1 of the following content:

"2.3.1. In case of establishment, change of the foreign exchange rates with use of the automated bank system the authorized bank (branch) shall according to the procedure, provided by its internal administrative documents approved by the head of authorized bank (branch) (his deputy who by the head of authorized bank (branch) is granted the right to establish, change the foreign exchange rates), to provide:

determination of date and time (in hours, minutes and seconds) establishments of the foreign exchange rates;

rate fixation of foreign currency on which operation of physical person with cash foreign currency and checks is performed;

safety of information on the established foreign exchange rates fixed by the automated bank system during the storage duration of the Register of transactions with cash and checks specified in Item 4.5 of this Instruction.".

1.5. Add Chapter 2 with Item 2.5 of the following content:

"2.5. The authorized bank (branch) when implementing transactions with cash foreign currency and checks shall place information on the foreign exchange rates only indoors in which there is authorized bank (branch), including internal structural division of authorized bank (branch). The requirement about placement of information on the foreign exchange rates specified in this Item does not extend to its placement in mass media, on the information and telecommunication Internet, mobile applications of authorized bank.".

1.6. In the paragraph the second Item 4.1 of the word "Item 2.1" shall be replaced with words "Items 2.1 and 4.1.1", "agreements when implementing transactions on the bank account, the account on contribution" shall be replaced with words words "bank account agreement, bank deposit agreement in case of implementation of account transactions".

1.7. Add with Item 4.1.1 of the following content:

"4.1.1. In case of establishment, change of the foreign exchange rates the order (order) the cash worker shall perform operation with cash foreign currency and checks on the rate acting at the time of transfer with physical person to the cash worker of cash foreign currency, cash of the Russian Federation, checks and payment cards.

In case of establishment, change of the foreign exchange rates with use of the automated bank system the cash worker before transfer to it by physical person of cash foreign currency, cash of the Russian Federation, checks and payment cards shall inform the physical person on the foreign exchange rate established with use of the automated bank system. In case of receipt of oral assent of physical person on carrying out transaction with cash foreign currency and checks on the specified rate the cash worker shall fix this rate according to Item 2.3.1 of this Instruction and perform operation with cash foreign currency and checks on the fixed rate, including in case of change in the exchange rate of foreign currency with use of the automated bank system after its fixing by the cash worker.".

2. This Instruction becomes effective after 30 days after day of its official publication <*>.

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<*> It is officially published on the website of the Bank of Russia 23.04.2019.

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