Currency payments through Client-Bank: step-by-step instructions. The procedure for creating a request for a currency transfer to Sberbank business online Currency payments to a bank client instructions
E.O. Kalinchenko, economist-accountant
Foreign trade activities: currency control documents for the bank
What documents and within what time frame should residents who have entered into a contract with a non-resident submit to the bank?
Banking currency control is an integral part of foreign economic activity. If you have concluded, for example, a foreign trade contract with a foreign organization, signed an agreement with a non-resident for the provision of services, rent (leasing), then you cannot avoid communicating with the bank within the framework of currency control. But how tight it will be depends on a number of factors. This article will help you figure out what documents and within what time frame will need to be submitted to the bank in relation to a contract with a non-resident.
Non-residents for exchange control purposes- this is, in particular, clause 7, part 1, art. 1 of Law No. 173-FZ of December 10, 2003 (hereinafter referred to as Law No. 173-FZ):
- organizations created in accordance with the laws of foreign states and located outside our country;
- branches (permanent representative offices) of these organizations located on the territory of Russia;
- individuals who are not citizens of our country (with the exception of foreign citizens permanently residing with us (stateless persons) who have a residence permit);
- Russian citizens who have been in a foreign country for at least 1 year:
- permanently reside;
- are temporarily staying on the basis of at least a one-year work or study visa (combined with a total validity of at least 1 year).
Transaction passport
As soon as you have entered into a contract with a non-resident, the first thing you need to do within the framework of bank exchange control is to determine whether you need to issue a transaction passport or not.
If the amount of your contract with a non-resident is equal to the equivalent of 50 thousand US dollars at the rate established by the Central Bank of the Russian Federation on the date of conclusion of the contract, or exceeds this value, you need to issue a transaction passport in an authorized bank through which settlements under the contract will be made pp. 5.2, 6.1 Central Bank Instructions No. 138-I dated 06/04/2012 (hereinafter referred to as Instruction No. 138-I). And in a situation where all payments will go through accounts in foreign banks, you will have to issue a transaction passport at the territorial branch of the Central Bank at your legal address clause 11.1 of Instruction No. 138-I. Looking ahead, we will say that in the future it will be necessary to submit currency control certificates there as well. clause 11.5 of Instruction No. 138-I. If payments are only partially made through foreign accounts, then the transaction passport must be opened at an authorized bank and reported to it pp. 11.2, 11.10 Instructions No. 138-I.
More information about the registration, re-registration and closure of transaction passports is written:It happens that on the date of conclusion of the contract a transaction passport is not required, since the amount of obligations is less than 50 thousand US dollars in equivalent. However, in the future, the liabilities increase (their total amount becomes equal to 50 thousand dollars in equivalent or more). And you already need to issue a transaction passport. This must be done no later than the date when the amount of obligations under the contract exceeds the amounts specified above. clause 6.5.3 of Instruction No. 138-I. Therefore, if you expect such a development of events, you can submit to the bank the documents necessary to obtain a transaction passport in advance. clause 1 of the Central Bank Information Letter dated 05/07/2014 No. 44.
The deadline within which a transaction passport must be issued depends on which operation will be the first under the contract. In general cases, you need to issue a transaction passport within the time limits indicated in the table.
| First operation under a contract with a non-resident | Deadline for submitting documents to obtain a transaction passport |
| Crediting to a foreign currency account (rubles) clause 6.5.1 of Instruction No. 138-I | No later than 15 working days from the date of receipt of money into the account pp. 2.3, 3.8 Instructions No. 138-I |
| Debiting foreign currency from an account (rubles) clause 6.5.2 of Instruction No. 138-I | Simultaneously with an order for currency transfer or a payment document pp. 2.3, 3.8 Instructions No. 138-I |
| Import into Russia (export from Russia) of declared goods in clause 6.5.4 of Instruction No. 138-I | No later than the date of submission of the goods declaration (documents used as a declaration) |
| Import into Russia (export from Russia) of undeclared goods in pp. 6.5.5, 9.1.2 Instructions No. 138-I | No later than 15 working days after the month of registration of shipping and commercial documents in pp. 9.1.2, 9.2.2, 9.3 Instructions No. 138-I |
| Performance of work, provision of services, transfer of information and results of intellectual activity clause 6.5.6 of Instruction No. 138-I | pp. 9.1.3, 9.2.2, 9.3 Instructions No. 138-I |
To obtain a transaction passport, you need to submit an agreement or an extract from it to the bank clause 6.6.2 of Instruction No. 138-I. But the conclusion of an agreement does not always involve the drawing up of one document signed by the parties. You could conclude a foreign economic contract by exchanging, say, telefaxes or electronic documents (allowing you to reliably establish that the document comes from counterparty a) clause 1 art. 160, Art. 434 Civil Code of the Russian Federation. Also, the contract will be considered concluded (in writing), if, having received a written offer from the counterparty, you agree and, say, ship the goods or transfer money and clause 3 art. 438 Civil Code of the Russian Federation. As the Central Bank explained, in this case you need to submit to the authorized bank the documents that you exchanged with your foreign partner Methodological recommendations of the Central Bank dated June 15, 2015 No. 14-MR. For example, a letter received by fax from a foreign counterparty requesting delivery and the original of your reply invoice sent to the partner by fax. Or upon acceptance by action - an invoice for the shipment of goods. The main thing is that the documents that you exchanged with the counterparty contain all the essential terms of the contract necessary for currency control. In particular, the subject of the contract (name of the goods supplied, description of the services provided, etc.), the price of the contract, the deadlines for the parties to fulfill their obligations.
The bank has 3 working days to review the submitted documents and make a decision. If the bank discovers any errors in the transaction passport form you filled out, inconsistencies with the data of the submitted documents, or the absence of any necessary papers, it will return the submitted documents to you to eliminate the shortcomings. pp. 6.9, 6.10 Instructions No. 138-I. At the same time, the documents for issuing a transaction passport are considered submitted in compliance with the deadline only if the bank accepted them within this established period and issued a transaction passport - signed the form you filled out, assigned a number and marked the registration date clause 6.7 of Instruction No. 138-I.
You must contact the bank to obtain a transaction passport in advance. Ideally, immediately after the conclusion of the contract.
“Currency control” communication with the bank is not limited to merely issuing a transaction passport. For further transactions under the contract, you will have to report to the bank.
Reporting on foreign exchange transactions for the bank
You need to report to the bank not only for operations related to settlements under a contract with a non-resident. The need to submit documents to the bank may arise, say, during the import/export of goods, or during the provision (performance of work). For your convenience, we have provided all the information about in what cases, what documents and within what time frame you need to submit to the bank in the table.
| Operation | When do you need to report to the bank? | Documents submitted to the bank | Deadline for submitting documents |
| Operations related to monetary settlements under the contract | |||
| Receipt of foreign currency into the transit account clause 2.1 of Instruction No. 138-I | Always. clause 2.4 of Instruction No. 138-I |
Appendix 1 to Instruction No. 138-I. 2. Documents related to the currency transaction, for example, agreements, invoices, acts Part 4 Art. 23 of Law No. 173-FZ. In the certificate of foreign exchange transactions that you submit in connection with the receipt of foreign currency, you can also indicate information about the debiting of the money received from the transit foreign currency account. clause 2.1 of Instruction No. 138-I |
No later than 15 working days from the date of receipt of currency to the transit account clause 2.3 of Instruction No. 138-I. The bank must notify you of receipt of currency into your account no later than the next business day clause 3.1 of the Central Bank Instruction No. 111-I dated March 30, 2004 |
| Write-off of foreign currency from account a clause 2.1 of Instruction No. 138-I | Always. With a few exceptions, for example:
|
|
|
| Receipt of rubles to the account from a non-resident clause 3.6 of Instruction No. 138-I | clause 3.6 of Instruction No. 138-I. Exception - the agreement with the bank states that the bank can fill out a certificate of foreign exchange transactions independently clause 3.9 of Instruction No. 138-I |
No later than 15 working days from the date of receipt of rubles to the account clause 3.8 of Instruction No. 138-I | |
| Write-off of rubles in favor of a non-resident clause 3.6 of Instruction No. 138-I |
|
||
| Settlements with a foreign counterparty through accounts in a non-resident bank pp. 11.5, 11.10 Instructions No. 138-I | If a transaction passport is issued under the contract and clause 2.6 of Instruction No. 138-I | 1. Certificate of foreign exchange transactions x pp. 11.5, 11.10 Instructions No. 138-I. 2. Copies bank statements- only if payments under the contract only partially pass through accounts in a non-resident bank e pp. 11.2, 11.10 Instructions No. 138-I |
No later than 30 working days after the month of debiting money from an account with a non-resident bank (crediting money to the account) pp. 11.5, 11.10 Instructions No. 138-I |
| Operations for the export of goods from Russia | |||
| Export of goods from Russia with the submission of a customs declaration clause 9.8 of Instruction No. 138-I | If:
|
clause 9.8 of Instruction No. 138-I | clause 9.8 of Instruction No. 138-I |
| Export from Russia of goods declared with documents other than the customs declaration clause 9.1.1 of Instruction No. 138-I | pp. 9.1, 9.2 Instructions No. 138-I. clause 9.1.1 of Instruction No. 138-I; clause 4 art. 180 TK TS |
clause 9.2.1 of Instruction No. 138-I | |
| Export of goods from Russia to the EAEU countries clause 9.1.2 of Instruction No. 138-I | If a transaction passport is issued under the contract | 1. Certificate of supporting documents x pp. 9.1, 9.2 Instructions No. 138-I. |
clause 9.2.2 of Instruction No. 138-I. Question 6 of the Central Bank Information Letter dated January 21, 2014 No. 43 |
| Operations for the import of goods into Russia | |||
| Import of goods into Russia with the submission of a customs declaration clause 9.8 of Instruction No. 138-I | If:
|
Certificate of supporting documents x clause 9.8 of Instruction No. 138-I | No later than 15 working days after the month of declaring the goods in clause 9.8 of Instruction No. 138-I |
| Import into Russia of goods declared by documents other than the customs declaration clause 9.1.1 of Instruction No. 138-I | If a transaction passport is issued under the contract | 1. Certificate of supporting documents x pp. 9.1, 9.2 Instructions No. 138-I. 2. Documents used as declaration, e.g. transport document s clause 9.1.1 of Instruction No. 138-I; clause 4 art. 180 TK TS |
No later than 15 working days after the month, the documents used as a declaration are marked with the date of release (conditional release). If there are several such release marks, the period is counted from the latest date clause 9.2.1 of Instruction No. 138-I |
| Import of goods to Russia from EAEU countries clause 9.1.2 of Instruction No. 138-I | If a transaction passport is issued under the contract | 1. Certificate of supporting documents x pp. 9.1, 9.2 Instructions No. 138-I. 2. Transport (shipping), commercial documents. 3. Statistical form for recording the movement of goods in Appendix No. 1 to the Rules, approved. Government Decree No. 40 dated January 29, 2011. Information about it does not need to be indicated in the certificate of supporting documents x Question 6 of the Central Bank Information Letter dated January 21, 2014 No. 43 |
No later than 15 working days after the month of registration of supporting (shipping and commercial) documents in clause 9.2.2 of Instruction No. 138-I. An exception is the statistical form of accounting for the movement of goods. There is no deadline for submitting it. You will need to take the statistical form to the bank after you have completed it and submitted it to customs. Question 6 of the Central Bank Information Letter dated January 21, 2014 No. 43. Do this before closing the transaction passport |
| Other operations | |||
| Performance of work, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them clause 9.1.3 of Instruction No. 138-I | If a transaction passport is issued under the contract. Exception - rental agreements, leasing agreements, provision of communication services or insurance in terms of periodic fixed payments clause 9.5 of Instruction No. 138-I | 1. Certificate of supporting documents x pp. 9.1, 9.2 Instructions No. 138-I. 2. Supporting documents, such as acceptance certificates, invoices, license agreements clause 9.1.3 of Instruction No. 138-I; List, approved. MVES of Russia 01.07.97 No. 10-83/2508, State Customs Committee of Russia 09.07.97 No. 01-23/13044, VEK of Russia 03.07.97 No. 07-26/3628 |
No later than 15 working days after the month of registration of supporting documents in clause 9.2.2 of Instruction No. 138-I |
| Other fulfillment of obligations under the contract (for example, return of previously exported (imported) goods to) Ch. 12 Instructions No. 138-I.
Having received a certificate of currency transactions (certificate of supporting documents), the bank will check whether it is drawn up correctly and whether the information specified in it (including the code of the type of currency transaction and the code of the type of supporting document) corresponds to the data of the attached documents and the information transmitted to the bank by customs clause 18.1 of Instruction No. 138-I. The bank must check the certificate of currency transactions clause 18.2 of Instruction No. 138-I:
And for checking the certificate of supporting documents, the bank is given the following period and clause 18.2 of Instruction No. 138-I:
The bank will not accept the certificate if it finds any errors or inconsistencies. You will receive an incorrect certificate back indicating the date and reason for the return. pp. 18.5, 18.6 Instructions No. 138-I. On time, set by the bank, you will need to submit a new certificate of currency transactions (on supporting documents), eliminating all comments clause 18.7 of Instruction No. 138-I. Inquiries on currency transactions and supporting documents are considered submitted on time, If clause 18.9 of Instruction No. 138-I:
Therefore, the sooner you submit “currency” certificates to the bank, the better. There are clarifications from Rosfinnadzor, where it is stated: when certificates of currency transactions, certificates of supporting documents and the supporting documents themselves are submitted to the bank, “the period for the fulfillment of the obligation by the resident does not include the period for their verification by the authorized bank.” Letter of Rosfinnadzor dated October 5, 2012 No. 43-01-06-25/4133. But judicial practice shows that you may still face a fine if you submit a new, correct certificate of currency transactions (on supporting documents) instead of a timely submitted but erroneous one to the bank after the deadline for submitting the certificates has expired. By returning the certificate to you, the bank sets a deadline for correcting the shortcomings and submitting a new certificate. But, according to some courts, the bank’s instructions do not in any way affect the deadline set for submitting the right to Resolution 1 of the AAS dated March 30, 2015 No. A43-21628/2014. With regard to submitted certificates of currency transactions and supporting documents, one cannot be guided by the “submit and forget” principle. After all, if the information provided in these certificates changes (with the exception of changes in data about the resident or authorized bank), you will need to submit a corrective certificate. This must be done no later than 15 working days after the date of execution of documents confirming the changes. These documents will need to be submitted to the bank along with a certificate pp. 2.9, 3.15, 9.7 Instructions No. 138-I. You can agree with the bank that, based on the documents you submit, the bank itself will issue pp. 2.4, 3.9, 6.3, 9.4 Instructions No. 138-I:
These services, of course, are paid. Check with your bank for rates. You may prefer to pay an amount within 5,000 rubles. for issuing a transaction passport (within 1,500 rubles for issuing certificates), rather than doing it yourself. But keep in mind that you will still need to understand the rules for issuing transaction passports and certificates. After all, the bank’s preparation of these documents does not relieve you of responsibility for their correct content and compliance with deadlines! If you don't submit to the bank necessary documents on time, then the bank will not be able to issue a transaction passport or certificate in a timely manner. After the bank fills out the transaction passport (or certificate), you will need to check this document. And if you find errors and inaccuracies, you must submit an application to the bank for its re-issuance (or a corrective certificate) within 15 working days after the date of receipt of the transaction passport (certificate) pp. 2.10, 3.9, 6.11, 9.4 Instructions No. 138-I. | |||
Requirements for residents of the Russian Federation
Transfers by residents of the Russian Federation in foreign currency, as well as transfers in Russian rubles with the participation of non-residents of the Russian Federation, are subject to exchange control.
In accordance with currency legislation:
- transfers by a resident of the Russian Federation when making a payment in favor of a non-resident of the Russian Federation both in rubles and in foreign currency are carried out without restrictions;
- transfers in foreign currency between residents of the Russian Federation are prohibited, with the exception of the operations listed in Article 9, Part 6 of Art. 12, parts 3 art. 14 of the Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control,” including between close relatives ().
- transfers by a resident of the Russian Federation from Russian Federation in favor of other resident individuals to their accounts opened in banks located outside the territory of the Russian Federation cannot exceed the equivalent of 5,000 US dollars at the official rate established by the Central Bank of the Russian Federation on the date of write-off Money from the account of an individual - a resident of the Russian Federation on one transaction day.
When drawing up a payment document, the absence in the “payment purpose” field of information that allows you to determine the economic meaning of the currency transaction, and/or documents and information, as well as links to these documents in settlement document is the basis for refusal to carry out a currency transaction. When making a transfer for a third party, in the “Purpose of payment” field, in addition to other information, the full name of the person for whom the transfer is being made must be indicated.
The requirement to provide supporting documents applies to the implementation foreign exchange transactions related to translations:
- in favor of legal entities - non-residents of the Russian Federation for an amount equal to or exceeding in ruble equivalent 600,000 rubles on the date of payment;
When making payments to non-residents of the Russian Federation - legal entities for an amount equal to or exceeding 600,000 rubles in ruble equivalent on the date of payment, it is necessary to provide supporting documents for the transfer. Such documents may be:
agreements (contracts);
invoices (bills, invoices, etc.);
correspondence with the payer by e-mail or on paper;
other documents provided for in Article 23 of Federal Law No. 173-FZ, on the basis of which the currency transaction is carried out. - in favor of individuals - non-residents of the Russian Federation in an amount exceeding the equivalent of 5,000 US dollars at the Bank of Russia exchange rate on the date of payment;
When making payments to non-residents of the Russian Federation - individuals for an amount exceeding the equivalent of 5,000 US dollars on the date of payment, it is necessary to provide information on confirmation of the currency and accounting status of the recipient (non-resident of the Russian Federation) of the funds and the content of the transaction. Information can be provided in any form, including indicated in the “payment purpose” field of the submitted payment document (for example, “Financial assistance to a non-resident of the Russian Federation”).
- in favor of individuals - residents of the Russian Federation, who are spouses or close relatives of the client, to the accounts of these persons opened in banks located on the territory of the Russian Federation - regardless of the amount of the transfer;
List necessary documents see next paragraph. - in favor of individuals - residents of the Russian Federation, who are spouses or close relatives of the client, to the accounts of these persons opened in banks located outside the territory of the Russian Federation, if the transfer amount exceeds the equivalent of 5,000 US dollars at the Bank of Russia exchange rate on the date of payment;
When making payments between spouses or close relatives (relatives in a direct ascending and descending line - parents and children, grandparents and grandchildren), full and half (having a common father or mother) brothers and sisters, adoptive parents and adopted children, the following documents can be provided: confirming relationship:
certificates issued by civil registry authorities (marriage, birth, etc.);
court decisions;
identity documents containing records of children and spouses;
other documents provided for by the legislation of the Russian Federation.
Directive of the Bank of Russia dated July 20, 2007 No. 1868-U “On the provision by resident individuals to authorized banks of documents related to certain currency transactions”
Foreign exchange payments in rubles and in foreign currency have a number of nuances and difficulties. This is especially true if the payment is made using a special “Client-Bank” program. Below we will consider what the features of such an operation are, and we will also analyze step-by-step instructions for action.
Currency payments: general knowledge
When making transfers between different countries, more information may be required than when making transactions within the country. That is why it is worth explaining the theoretical basis in order to better understand the sequence of actions and formulate a correct order for the transfer of money.
Here It is important to consider the following terms :
- SWIFT- unification of financial institutions at the international level. Credit organizations from different countries register in the system and receive an individual code (11 characters).
- BIC code- a set of numbers that is similar to regular SWIFT. When setting this code, the ISO standard is used
- BEI code- bank client identifier. By assigning this parameter, the payment goes through faster and is guaranteed to be intended.
In addition to the abbreviations mentioned above, the following may appear: IBAN (common identifier), ISO code, address, beneficiary (recipient of funds). and financial institution, acting as an intermediary (correspondent). Currency payments are carried out correctly if the money transfer order is drawn up correctly, that is, all the mentioned parameters are correctly specified.
Difficulties of SQIFT payments
A number of problems may arise during transactions involving currency , among which:
- Introduction of a prohibited SWIFT symbol(for example, @, ”, =, \ and others). A detailed list is provided in software. In some cases, the program automatically replaces characters with those that are necessary.
- User identification data. Without providing such information, the currency payment will not go through. The bank will simply ignore the money transfer order as incorrectly filled out.
- Presence on the “black list”. SQIFT payments do not go through if the participant is in a special directory of persons subject to restrictions.
How to create a money transfer order: instructions
After reviewing the terminology, you can get to work. Step-by-step instructions involve performing the following steps:
- Log in to the “Client Bank” and go to the documents tab, and then - currency orders. Now all that remains is to create an order to transfer money. The completed document is automatically assigned a number. Here you need to select banking institution. At this stage of the foreign currency payment, it is worth finding out the size of the commission. To obtain this information, select the appropriate option from the drop-down list.
- Specify the currency code and payment amount. If you need to transfer funds to another currency, you must agree to the proposed exchange rate and conversion process. The bank executes the order and transfers the money into the required currency.
