Information Currency control Main changes in directive 3016-U 2013

New procedure for submitting currency control documents to the bank from October 01, 2013

Submission of a certificate of supporting documents for the customs declaration to the bank from 01.10.2013.

In case of export (import) of goods from (to) the Russian Federation by filing a declaration for goods, it is necessary to submit to the bank a certificate of supporting documents without submitting a declaration for goods only in the following cases:

1) According to the export passport of the transaction, a certificate is issued on the declaration of goods released on the terms of providing a foreign counterparty with a commercial loan in the form of a deferred payment (in column 9 of the certificate, the indication of the delivery of goods is 2).

2) According to the import passport of the transaction, a certificate is formed on the declaration for goods that are issued in fulfillment of the obligations of a foreign counterparty on account of an advance payment made earlier (in column 9 of the certificate, the indication of the delivery of goods is 3).

Deadlines for submitting a certificate of supporting documents to the bank:

Information about declarations for goods registered by the customs authorities is received by the bank from the Federal Customs Service 3-6 business days after the date of issue and is entered by the bank into the bank control record under the contract in an automated mode.

A certificate of supporting documents shall be submitted no later than 15 working days after the month in which supporting documents were drawn up, declarations for goods were registered.

The importer/exporter submits a certificate of supporting documents for the customs declaration:

• according to the export passport of the transaction - in order to indicate information about the expected maximum period for the receipt of export proceeds to the Client's account;

• according to the import passport of the transaction - in order to control the previously specified expected maximum period for the fulfillment by the non-resident of obligations under the contract (in the certificate of the foreign exchange transaction for the advance payment).

The procedure for filling out a certificate of supporting documents for the declaration for goods according to the import passport of the transaction:

Column 2 indicates the registration number of the declaration from column "A".

Column 3 is blank.

Column 4 indicates the type code 01_4.

Column 6 indicates the amount according to the customs declaration (column 22 of the declaration)

If the customs declaration contains information about goods, part of which was received from a foreign counterparty on account of a previously transferred advance from a resident, then column 6 indicates the total amount according to the declaration through the separator symbol "/" - the amount corresponding to the indication of the delivery of goods - 3 (execution non-resident obligations under the contract against the previously received advance payment from the resident).

For example, in the declaration for goods, issued when importing goods into the Russian Federation, the total value of 20,000 US dollars is indicated, while part of the goods in the amount of 5,000 US dollars is delivered on account of the advance payment sent earlier. In this case, column 6 indicates 20000/5000.

In column 7, 8, 11 nothing is filled.

Column 9 indicates the sign of the delivery of goods - 3.

The procedure for filling out a certificate of supporting documents for the declaration for goods according to the export transaction passport:

Column 2 indicates the registration number of the declaration from column "A".

Column 3 is blank.

Column 4 indicates the type code 01_3.

Column 6 indicates the amount according to the customs declaration (column 22 of the declaration) If the customs declaration contains information about goods, some of which were transferred to a foreign counterparty in the form of a deferred payment, then column 6 indicates the total amount according to the declaration through the separating symbol "/" - the amount corresponding to the sign of the delivery of goods - 2 (provision by a resident of a commercial loan to a non-resident in the form of a deferred payment).
For example, the declaration indicates the total value of 30,000 US dollars, while part of the goods in the amount of 25,000 US dollars was delivered on the terms of granting a deferred payment to a foreign counterparty. In this case, column 6 indicates 30000/25000.

In column 7, 8, 11 nothing is filled.

Column 9 indicates the sign of the delivery of goods - 2.

Column 10 indicates the expected period in the form of the last date (in the format DD.MM.YYYY) of the expiration of the period for crediting funds to the Client's bank account.

The procedure for checking a certificate of supporting documents for a declaration for goods by a bank:

When accepting a certificate of supporting documents for a declaration for goods, the bank is obliged to check the compliance of the information on declarations for goods from the certificate with the information transmitted to the bank from the Federal Customs Service.

If the information on the goods declaration is not available in the bank or does not correspond, the bank is obliged to refuse to accept the certificate.

The procedure for issuing and submitting a certificate of supporting documents for a customs declaration applies to declarations for goods that are registered by the customs authority on 01.10.2013. or after October 1, 2013



The procedure for reflecting the commission of a foreign bank withheld from the payment received to the account:

The bank may independently reflect information about the withholding by a foreign bank of a commission for a transfer in the bank control statement under the contract if:

• from the bank of information on deduction of the commission for the transfer of funds from the amount of export earnings (in a SWIFT message);
• stipulations in the contract that the transfer costs are at the expense of the client;
• letters of consent from the client that the bank has the right to independently reflect the information.

The term for independent reflection by the bank of information about the withholding of the commission for the transfer is no later than 3 working days after the month in which the specified funds were received on the client's account.

If the bank does not have information about the deduction of the commission, when the contract contains a condition that the transfer costs are at the expense of the client, then the client submits to the bank a certificate of supporting documents and documents confirming the deduction of the bank commission.

What currency transaction code must be indicated when filling out a certificate of currency transactions for payment if the client has a declaration for goods, but the bank did not receive information from the Federal Customs Service on the day the certificate was checked?

1) If the certificate is issued for payment according to the import passport of the transaction, then in this case the currency transaction type code is filled in based on the advance payment - currency transaction type code 11100 (column 11 indicates information on the expected maximum period for the non-resident to fulfill obligations under the contract by );

2) If the certificate is issued for the received payment according to the export passport of the transaction, then in this case the currency transaction type code is filled in based on the advance payment - currency transaction type code 10100.

Calculation of the expected maximum term for the non-resident to fulfill obligations under the contract, with the issuance of a transaction passport:
Indicated as the last date (in the format DD.MM.YYYY) of the expiration of the non-resident's obligations.

1) If the contract contains a deadline for the fulfillment by a non-resident of obligations under the contract, the term is added to it, which, in accordance with the customs of business turnover, is necessary for processing customs declarations and (or) the deadline for issuing supporting documents.

2) If the contract does not contain a deadline for the fulfillment by the non-resident of obligations under the contract, the term calculated by the resident independently in accordance with the customs of business turnover, taking into account the deadlines for processing customs declarations, and (or) the deadlines for issuing supporting documents, is indicated.
The expected period cannot exceed the date of completion of the fulfillment of obligations under the contract, specified in column 6 of section 3 "General information about the contract" of the PS (form 1).

New in PS design:

The requirement to issue a PS applies to contracts if the amount of obligations is equal to or exceeds the equivalent of 50 thousand US dollars at the official foreign exchange rate against the ruble established by the Bank of Russia on the date of conclusion of the contract (if the foreign exchange rate against the ruble is not set by the Bank Russia, at the foreign exchange rate established in another way recommended by the Bank of Russia) or in the event of a change in the amount of obligations under the contract as of the date of conclusion of the last amendments (additions) to the contract providing for such changes.

The list of contracts subject to the requirement to issue a transaction passport has been expanded (clause 5.1. Instructions of the Central Bank of the Russian Federation 138-I):

A new type of agreement has been added, which provides for the transfer of movable property under a lease agreement, financial lease (leasing) agreements.

From November 06, 2013, banks will send completed (reissued, accepted, closed) transaction passports in electronic form to the tax authorities.

Recommendations for accounting for foreign exchange transactions:

1. In the case of an advance payment under a contract for the import of goods with the issuance of a transaction passport, it is necessary to control the specified expected delivery time of the goods and timely submit to the bank a certificate of confirmed documents for the goods declaration (keep separate records of advance payments).

2. In case of issuing a declaration for goods in favor of a foreign counterparty with a deferred payment under a contract for the export of goods, it is necessary to timely submit to the bank a certificate of supporting documents for this declaration for goods. Next, control the specified expected date of receipt of export earnings to the account (keep separate records of issued declarations for deferred payment).

3. On a monthly basis, request from the bank a statement of banking control under the contract in order to verify the completeness of the submitted certificates of supporting documents and control the expected timing of the fulfillment of obligations by the foreign counterparty under the contract.

4. Strengthen by the declarants control over the procedure for filling out customs declarations (the declaration will not be received by the bank if the number of the transaction passport, details of the contract, currency of the transaction passport are filled in incorrectly).

 
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