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Foreign economic activity. Institute of Currency Control Agents (most important)

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49. Institute of Currency Control Agents

Currency control in the Russian Federation is carried out by the Government of the Russian Federation, bodies and agents of currency control.

Currency control agents are authorized banks reporting to the Central Bank of the Russian Federation, as well as professional participants in the securities market that are not authorized banks, including register holders (registrars) reporting to the federal executive body for the securities market, customs authorities and tax authorities.

The activity of currency control agents is regulated by the Federal Law "On currency regulation and currency control"

Bodies and agents of currency control and their officials have the right to:

▪ conduct inspections of compliance by residents and non-residents with acts of currency legislation;

▪ conduct checks of the completeness and reliability of accounting and reporting on foreign exchange transactions of residents and non-residents;

▪ request and receive documents and information related to conducting currency transactions, opening and maintaining accounts;

▪ issue orders to eliminate identified violations of currency legislation;

▪ apply established penalties for violation of currency legislation.

The procedure for the submission by residents and non-residents of supporting documents and information when performing foreign exchange transactions to foreign exchange control agents is established by the Government of the Russian Federation and the Bank of Russia.

For the purpose of exercising currency control, currency control agents have the right to request and receive from residents and non-residents the following documents or their copies (directly related to the ongoing currency transaction):

▪ documents proving the identity of an individual;

▪ document on state registration of an individual as an individual entrepreneur;

▪ documents certifying the status of a legal entity;

▪ certificate of registration with the tax authority;

▪ documents certifying the rights of persons to real estate;

▪ documents certifying the rights of non-residents to carry out currency transactions and open accounts;

▪ notification of the tax authority at the place of registration of the resident about opening a bank account outside the territory of the Russian Federation;

▪ registration documents:

documents that are the basis for conducting foreign exchange transactions (contracts, agreements, contracts), powers of attorney, extracts from the minutes of the general meeting; documents containing information about the results of the auction; documents confirming the transfer of goods, information and results of intellectual activity, acts of state bodies;

▪ documents prepared and issued by credit institutions;

▪ customs declarations, documents confirming the import into the Russian Federation of the currency of the Russian Federation, foreign currency and foreign and domestic securities in documentary form;

▪ transaction passport.

All documents are submitted in original or in the form of a duly certified copy and must be valid on the day of their submission to currency control agents. The originals are accepted by agents for review and returned to the persons who submitted them. In this case, copies certified by the agent are placed in the currency control materials.

Currency control agents and their officials are obliged to:

1) exercise control over compliance by residents and non-residents with acts of currency regulation;

2) provide the currency control bodies with information on currency transactions conducted with their participation. Bodies and agents of currency control are obliged to keep commercial, banking and official secrets. Bodies and agents of currency control are liable for failure to perform the functions established by law, as well as for violation of the rights of residents and non-residents by them.

Author: Bobkova O.V.

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