INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of February 5, 2024 No. 6678-U

About criteria of forming of the list of residents by the Bank of Russia which shall provide in the Bank of Russia information specified in paragraph five of part 6 of article 22 of the Federal Law of December 10, 2003 to No. 173-FZ "About currency control and currency exchange control" and procedure for bringing to data of residents of information on their inclusion in the specified list

This Instruction based on paragraphs of the sixth and seventh of part 6 of article 22 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" establishes criteria of forming of the list of residents by the Bank of Russia which shall provide in the Bank of Russia information specified in paragraph five of part 6 of article 22 of the Federal Law of December 10, 2003 to No. 173-FZ "About currency control and currency exchange control" and procedure for bringing to data of residents of information on their inclusion in the specified list.

1. The list of residents which shall provide in the Bank of Russia information specified in paragraph five of part 6 of article 22 of the Federal Law of December 10, 2003 to No. 173-FZ "About currency control and currency exchange control" (further respectively - the Federal Law "About Currency Control and Currency Exchange Control", the list of residents) is created by the following criteria:

1.1. The resident and (or) the legal entity who is affiliated economic society of this resident (in the presence) are (is) the party of the agreements (contracts) providing transfer to nonresidents of goods, accomplishment for them of works, rendering services to them, transfer to them of information and results of intellectual activities, including exclusive rights on them, and accepted on accounting by authorized banks <1> according to the Instruction of the Bank of Russia of August 16, 2017 No. 181-I "About procedure for representation by residents and nonresidents to authorized banks of supporting documents and information when implementing currency transactions about single forms of accounting and the reporting under currency transactions, procedure and terms of their representation" <2> (further respectively - the Instruction of the Bank of Russia No. 181-I, agreements (contracts), the legal entity, resident).

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<1> Item 8 of part 1 of article 1 of the Federal law "About Currency Control and Currency Exchange Control".

<2> It is registered by the Ministry of Justice of the Russian Federation on October 31, 2017, registration No. 48749, with the changes made by Instructions of the Bank of Russia of November 29, 2017 No. 4629-U (it is registered by the Ministry of Justice of the Russian Federation on December 7, 2017, registration No. 49152), of July 5, 2018 No. 4855-U (it is registered by the Ministry of Justice of the Russian Federation on September 17, 2018, registration No. 52167), of January 25, 2022 No. 6062-U (it is registered by the Ministry of Justice of the Russian Federation on April 12, 2022, registration No. 68176).

1.2. The cash amount, received by the resident or the legal entity under agreements (contracts) for the bank accounts opened in authorized banks or in the cases provided by the Federal Law "About Currency Control and Currency Exchange Control" into the accounts in the banks located outside the territory of the Russian Federation for the calendar year preceding year of forming of the list of residents the current year exceeds one billion US dollars (if the money received by the resident or the legal entity is expressed in the currency other than US dollars, the corresponding values are converted previously by the resident or the legal entity into US dollars for transaction date on transfer of money into the account on the official rate of foreign currency in relation to ruble, to No. 86-FZ established by the Bank of Russia according to Item 15 of article 4 of the Federal Law of July 10, 2002 "About the Central bank the Russian Federation (Bank of Russia)" (further - the official rate), or on the relation of rate of one foreign currency to the rate of other foreign currency calculated on the official rates of these foreign currencies (further - cross-rate),

or

average monthly value of outstanding amount on principal debt on accepted on accounting by authorized banks according to the Instruction of the Bank of Russia No. 181-I to credit agreements and loan agreements which is subject to payment by the resident or legal entity for benefit of nonresidents for the calendar year preceding year of forming of the list of residents the current year exceeds one billion US dollars (if the money, and also the money listed by the resident or the legal entity in repayment of the amount of principal debt under the specified agreements received according to the credit agreements and loan agreements accepted on accounting by authorized banks according to the Instruction of the Bank of Russia No. 181-I are expressed in the currency other than US dollars, their values are converted previously into US dollars for date of making of the corresponding transactions on transfer (write-off) of money into the account (from the account) on the official rate or on cross-rate).

2. Information on inclusion of resident in the list of residents is brought by the Bank of Russia to the attention of resident within 10 working days from the date of inclusion in the list of residents one of the following methods:

in electronic form by placement in private office, the reference to which is posted on the official site of the Bank of Russia on the Internet, according to the procedure, No. 5969-U established by the Instruction of the Bank of Russia of October 5, 2021 "About order of interaction of the Bank of Russia with credit institutions, not credit financial credit institutions, persons rendering professional services in the financial market and other participants of information exchange when using by them of information resources of the Bank of Russia, including private office" <2(1)> (in case of availability at resident of access to private office);

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<2(1)> It is registered by the Ministry of Justice of the Russian Federation on November 12, 2021, registration No. 65799, with the changes made by the Instruction of the Bank of Russia of September 29, 2022 No. 6276-U (it is registered by the Ministry of Justice of the Russian Federation on January 13, 2023, registration No. 71996).

on paper the registered mail with the assurance of receipt (other registered mailing) to the address of resident within the location of resident specified in the Unified State Register of Legal Entities (in case of absence at resident of access to private office).

3. This Instruction according to 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 26, 2024 No. PSD-1) become effective from the date of its official publication, but not earlier than March 1, 2024.

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