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The document ceased to be valid since March 1, 2018 according to Item 11 of the Instruction of the Central bank of the Russian Federation of August 16, 2017 No. 4498-U

It is registered

Ministry of Justice

Russian Federation

On August 6, 2007 No. 9957

PROVISION OF THE CENTRAL BANK OF RUSSIA

of July 20, 2007 No. 308-P

About procedure for transfer by authorized banks of information on violations by persons performing currency transactions, acts of the foreign exchange legislation of the Russian Federation and acts of bodies of currency control

(as amended of the Instruction of the Central bank of the Russian Federation of 04.06.2012 No. 2828-U)

Based on the Federal Law of December 10, 2003 N 173-FZ "About currency control and currency exchange control" (The Russian Federation Code, 2003, N 50, Art. 4859; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2006, N 31, Art. 3430; 2007, N 1, Art. 30; N 22, of Art. 2563; N 29, of Art. 3480; N 45, of Art. 5419; 2008, N 30, Art. 3606; 2010, N 47, Art. 6028; 2011, N 7, Art. 905; N 27, of Art. 3873; N 29, of Art. 4291; N 30, of Art. 4584; N 50, of the Art. 7348, the Art. 7351) (further - the Federal Law), the Federal Law of July 10, 2002 N 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, of Art. 5032; 2004, N 27, Art. 2711; N 31, of Art. 3233; 2005, N 25, Art. 2426; N 30, of Art. 3101; 2006, N 19, Art. 2061; N 25, of Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, of Art. 1151; N 18, of Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, of Art. 4982; N 52, of the Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, of Art. 3629; N 48, of Art. 5731; 2010, N 45, Art. 5756; 2011, N 7, Art. 907; N 27, of Art. 3873; N 43, of the Art. 5973) the Bank of Russia establishes the following procedure for transfer by authorized banks of information on violations by persons performing currency transactions, except for credit institutions and the currency exchanges, acts of the foreign exchange legislation of the Russian Federation and acts of bodies of currency control (further - violations) to the body of currency exchange control having the right to apply sanctions against persons who made the specified violations (further - body of currency exchange control).

1. Authorized banks (branches of authorized banks) (daleeupolnomochenny bank) in case of control of observance by persons performing currency transactions, except for credit institutions and the currency exchanges (further - clients) acts of the foreign exchange legislation of the Russian Federation and acts of bodies of currency control and in the presence of information on violations transfer information on the specified violations to the territorial office of the Bank of Russia exercising supervision of activities of authorized bank (further - territorial office of the Bank of Russia), in the form of the electronic message supplied with authentication code (further - ES), for the subsequent transfer of currency exchange control to body.

In the presence of information on violation by the resident who is the legal entity or physical person - the individual entrepreneur, requirements of article 19 of the Federal Law for the agreement in foreign trade (contract) according to which the transaction certificate is drawn up (further - violation of article 19 of the Federal Law), the authorized bank transfers to territorial office of the Bank of Russia the sheet of bank control corresponding to such transaction certificate in electronic form (further - EVBK) for the subsequent transfer of currency exchange control to its body.

2. The authorized bank creates as a part of ES information on violations on the list of the indicators specified in appendix 1 to this Provision in the formats given in appendix 2 to this Provision.

In one ES placement of information on several violations, including on several clients is allowed.

The authorized bank creates EVBK as of date of identification of violation of article 19 of the Federal Law according to formats and structure which are given in the Instruction of the Bank of Russia of June 4, 2012 N 138-I "About procedure for representation by residents and nonresidents to authorized banks of the documents and information connected with carrying out currency transactions, procedure for execution of passports of transactions, and also accounting treatment by authorized banks of currency transactions and control of their carrying out" <*>.

--------------------------------

<*> For information only: it is registered by the Ministry of Justice of the Russian Federation on August 3, 2012 N 25103 ("the Bulletin of the Bank of Russia" from _________ 2012 of N ________).

By means of the ARJ32 program archiver the authorized bank creates the archival file of authorized bank of EVBK created according to requirements of this Item (further - the archival file). The structure of the name and the size of the archival file are given in appendix 4 to this Provision. The archival file is supplied with code of authentication of authorized bank.

3. Transfer of ES and archival files by authorized bank, acceptance, check of confirmation of authenticity and control of integrity of ES and archival files by territorial office of the Bank of Russia are performed according to the procedure, N1546-U "About Procedure for Submission by Credit Institutions to the Central Bank of the Russian Federation of the Reporting in the form of the Electronic Messages Supplied with Authentication Code" established by the Instruction of the Bank of Russia of January 24, 2005 registered by the Ministry of Justice of the Russian Federation on February 22, 2005 of N6353 ("the Bulletin of the Bank of Russia" of March 2, 2005 N 12), taking into account the features established by this Provision.

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