INSTRUCTION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of April 25, 2017 No. 4360-U

About modification of the Instruction of the Bank of Russia of June 4, 2012 No. 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"

1. According to part 4 Articles 5, Item 2 of part 3 of article 23 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, the Art. 4218), Item 12 of Article 4, article 7 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. 14, the Art. 1997), 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, the Art. 4294, the Art. 4295) and 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 April 19, 2017 No. 9) to bring in the Instruction of the Bank of Russia of June 4, 2012 No. 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", registered by the Ministry of Justice of the Russian Federation on August 3, 2012 No. 25103, on August 15, 2013 No. 29394, on December 12, 2014 No. 35153, on July 1, 2015 No. 37876, on December 24, 2015 No. 40219 (further - the Instruction of the Bank of Russia No. 138-I), the following changes.

1.1. Add Item 2.1 with the paragraph of the following content:

"When implementing the transactions connected with transfer of foreign currency on transit account or with write-off of foreign currency from the settlement account in foreign currency under the agreement (contract) signed with the nonresident, the amount of obligations on whom is equal or does not exceed 1 thousand dollars of the USA in equivalent, the resident represents the certificate of currency transactions, and has the right not to submit the documents specified in it connected with carrying out currency transaction. The amount of agreement obligations (contract) is determined for date of the conclusion of the agreement (contract) or in case of change of the amount of the agreement obligations (contract) for date of the conclusion of the last changes (amendments) to the agreement (contract) providing such changes by the official rate of foreign currencies in relation to the ruble established by the Bank of Russia or if the official rate of foreign currencies in relation to ruble is not established by the Bank of Russia, at the foreign exchange rate established by the different way recommended by the Bank of Russia (further - the foreign exchange rate in relation to ruble).".

1.2. Add Item 3.1 with the paragraph of the following content:

"When implementing the transactions connected with write-off of currency of the Russian Federation from the settlement account in currency of the Russian Federation opened in authorized bank under the agreement (contract) signed with the nonresident, the amount of obligations on whom is equal or does not exceed 1 thousand dollars of the USA in equivalent, the resident submits the settlement document on currency transaction, and has the right not to submit the documents connected with carrying out the transaction specified in the settlement document. The amount of agreement obligations (contract) is determined for date of the conclusion of the agreement (contract) or in case of change of the amount of the agreement obligations (contract) for date of the conclusion of the last changes (amendments) to the agreement (contract) providing such changes by the foreign exchange rate in relation to ruble.".

1.3. In the paragraph the second Item 5.2 of the word "to the official rate of foreign currencies in relation to the ruble established by the Bank of Russia or if the official rate of foreign currencies in relation to ruble is not established by the Bank of Russia at the foreign exchange rate established by the different way recommended by the Bank of Russia (further - the foreign exchange rate in relation to ruble)" shall be replaced with words to "the foreign exchange rate in relation to ruble".

1.4. In paragraph four of Item 6.12 of the word "the body of currency exchange control authorized by the Government of the Russian Federation" shall be replaced with words "the bodies of currency exchange control authorized by the Government of the Russian Federation according to their competence".

1.5. In subitem 9.1.2 of Item 9.1:

word in paragraph one", the statistical form of accounting of movement of goods established by Rules of maintaining statistics of mutual trade of the Russian Federation with the state members of the Customs union within EurAsEC approved by the order of the Government of the Russian Federation of January 29, 2011 No. 40 (The Russian Federation Code, 2011, No. 6, Art. 889; No. 22, of the Art. 3183) (further - statistical form of accounting of movement of goods) which the resident represents to PS bank according to the procedure, the established in paragraph three of this subitem" to exclude;

third to declare the paragraph invalid.

1.6. In paragraph one of Item 9.2 of the word" (except for statistical form of accounting of movement of goods)" to exclude.

1.7. Item 12.2 in paragraph one after the words "on other person-the resident (further-the second resident)" of the word "except for the case specified in Item 12.15 of this Instruction" to exclude.

1.8. To add Item 12.5 after the words "no later than 15 workers" with the word of "days".

1.9. The twelfth Item 12.15 after the words "no later than 15 workers" to add the paragraph with the word of "days".

1.10. To add subitem 18.1.1 of Item 18.1 with words ", and also the cases established by the paragraph the fifth Item 2.1 and the paragraph the fourth Item 3.1 of this Instruction when the resident did not submit to authorized bank the documents connected with carrying out currency transaction";

1.11. In Item 19.8:

the paragraph one to add with words "if longer term is not established by the legislation of the Russian Federation";

add paragraph two with words "if longer term is not established by the legislation of the Russian Federation".

1.12. In Item 19.10 of the word "and (or) to agents" to exclude.

1.13. In Item 19.11 of the word "and (or) agents" to exclude, to exclude the words "or agent".

1.14. Add appendix 3 with Item 3.1 of the following content:

"3.1. In cases if according to the paragraph the fifth Item 2.1 or the paragraph quarter resident of Item 3.1 of this Instruction is not submitted to authorized bank the document connected with carrying out currency transaction (the contract, the agreement, the agreement, other document based on which currency transaction is performed), the sign "without documents" is specified.".

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

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