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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 23, 2015 No. 742

About approval of Rules of the direction by Federal Service for Financial Monitoring of the organization of the financial market of the decision on prohibition on the direction of information in foreign tax authority and forms of the decision on prohibition on the direction of information in foreign tax authority

According to the Federal Law "About Features of Implementation of Financial Transactions with the Foreign Citizens and Legal Entities, about Introduction of Amendments to the Russian Federation Code of Administrative Offences and Recognition Who Voided Separate Provisions of Legal Acts of the Russian Federation" Government of the Russian Federation decides:

Approve enclosed:

Rules of the direction Federal Service for Financial Monitoring of the organization of the financial market of the decision on prohibition on the direction of information in foreign tax authority;

form of the decision on prohibition on the direction of information in foreign tax authority.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of July 23, 2015 No. 742

Rules of the direction Federal Service for Financial Monitoring of the organization of the financial market of the decision on prohibition on the direction of information in foreign tax authority

1. These rules determine procedure for the direction Federal Service for Financial Monitoring of the organization of the financial market of the decision on prohibition on the direction of information specified regarding the 4th article 3 of the Federal law "About Features of Implementation of Financial Transactions with the Foreign Citizens and Legal Entities, about Introduction of Amendments to the Russian Federation Code of Administrative Offences and Recognition Who Voided Separate Provisions of Legal Acts of the Russian Federation" (further - the Federal Law), in foreign tax authority (further - the decision on prohibition).

2. For the purposes of these rules of the concept "organization of the financial market" and "foreign tax authority" are applied in the values established by the Federal Law.

3. The Federal Service for Financial Monitoring directs the decision on prohibition of the organization of the financial market no later than the working day following behind day of its removal.

4. The decision on prohibition goes electronically on telecommunication channel which was used by the organization of the financial market for the direction in Federal Service for Financial Monitoring of information provided by part 4 of article 3 of the Federal Law and in the same day is placed the Federal Tax Service in the corresponding interactive service on its official site on the Internet (further - service).

5. The decision on prohibition is signed by the strengthened qualified digital signature of the official of Federal Service for Financial Monitoring.

6. Requirements to electronic format of the decision on prohibition are determined by Federal Service for Financial Monitoring in coordination with the Federal Tax Service.

7. In the course of electronic document management in case of the direction of the decision on prohibition the following technological electronic documents are also created:

receipt on placement of the decision on prohibition;

the notice of failure in placement of the decision on prohibition;

receipt on receipt by the organization of the financial market of the decision on prohibition;

notification on impossibility of reading of the decision on prohibition.

8. In case of placement in service of the decision on prohibition the Federal Tax Service creates the receipt on its placement and within a day sends this receipt to Federal Service for Financial Monitoring.

9. In the presence of errors in the decision on prohibition which do not allow to place it in service the Federal Tax Service creates the notice of failure in placement of the decision on prohibition and within a day sends this notification to Federal Service for Financial Monitoring. In case of impossibility of placement in service of the decision on prohibition for the organizational technical reasons independent of Federal Service for Financial Monitoring, the Federal Tax Service takes necessary measures for placement of the decision on prohibition without the direction of the notice of failure in its placement.

10. The decision on prohibition according to these rules is considered sent to the organization of the financial market in case of receipt in Federal Service for Financial Monitoring of the receipt on placement in service of the decision on prohibition.

11. In case of receipt of the notice of failure in placement in service of the decision on prohibition the Federal Service for Financial Monitoring removes the causes which are the basis for such failure and repeatedly sends to the organization of the financial market the decision on prohibition.

12. The receipt on receipt by the organization of the financial market of the decision on prohibition is created by the Federal Tax Service at the time of the first input of this organization of the financial market in service after placement in it the relevant decision about prohibition and within a day goes the Federal Tax Service to Federal Service for Financial Monitoring.

13. Date of receipt by the organization of the financial market of the decision on prohibition according to these rules the date of the first input of the organization of the financial market in service specified in the receipt on receipt by the organization of the financial market of the decision on prohibition is.

14. In case of impossibility of reading in service of the decision on prohibition with use of software by the organization of the financial market the notification on impossibility of reading of the decision on prohibition which within a day goes the Federal Tax Service to Federal Service for Financial Monitoring is created.

15. In case of receipt of the notification on impossibility of reading by the organization of the financial market of the decision on prohibition the Federal Service for Financial Monitoring performs the repeated direction in the organization of the financial market of the decision on prohibition no later than the working day following behind day of receipt of this notification.

16. Order of interaction of Federal Service for Financial Monitoring with the Federal Tax Service in case of the direction of the organization of the financial market of the decision on prohibition, forming and the direction of technological electronic documents, and also formats and forms (structure) of such technological electronic documents are determined by Federal Service for Financial Monitoring together with the Federal Tax Service.

17. In exceptional cases the decision on prohibition can go in writing the registered mail with the assurance of receipt or be transferred by the different way providing fixing of the fact and date of its receipt of the financial market by the organization. The signature of the official of Federal Service for Financial Monitoring on such decision on prohibition shall be certified official by seal Federal Service for Financial Monitoring.

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