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On the procedure for residents and non-residents to submit supporting documents and information to authorized banks when performing currency transactions, on uniform forms of accounting and reporting on currency transactions, the procedure and timing of their submission

Section I

The procedure for residents and non-residents to submit supporting documents and information to authorized banks when performing currency transactions. Unified forms of accounting and reporting on currency transactions

Chapter 1. General provisions

1.1. In order to organize work in accordance with this Instruction, the authorized bank (branch of the authorized bank) (hereinafter - the authorized bank, except for direct reference to the branch of the authorized bank) from among its employees determines the responsible employee (employees) who has the right to perform actions on behalf of the authorized bank as an agent of currency control on currency control, provided for by this Instruction, including signing and certifying the documents specified in this Instruction (hereinafter referred to as the responsible person).

1.2. In the cases established by this Instruction, residents submit to the authorized bank the supporting documents and information established by Part 4 of Article 23 of the Federal Law "On Currency Regulation and Currency Control" (hereinafter referred to as documents related to transactions), taking into account the requirements for such documents established by Part 5 of Article 23 of the Federal Law "On Currency Regulation and Currency Control", as well as information in accordance with Parts 1.1 and 1.2 of Article 19 of the Federal Law "On Currency Regulation and Currency Control" (hereinafter - information on the expected dates of repatriation of foreign currency and (or) the currency of the Russian Federation).

1.3. The certificate of supporting documents, the procedure and deadlines for submission of which are established by this Instruction, is a single form of accounting and reporting on foreign exchange transactions of residents.

The statement of banking control, the procedure and terms of formation and maintenance of which are established by this Instruction, is a single form of accounting and reporting on foreign exchange transactions of authorized banks.

1.4. The authorized bank, in accordance with Chapters 2 and 3 of this Instruction, forms accounting data, compiles and maintains reports on transactions of residents in foreign currency and in the currency of the Russian Federation, non-residents in the currency of the Russian Federation, which correspond to the names and codes of types of transactions (hereinafter referred to as the operation) specified in Appendix 1 to this Instruction (next - data on operations). - Item 1.4 as amended by the Bank of Russia Instruction No. 4855-U dated 05.07.2018

1.5. This Instruction applies to residents who are legal entities (with the exception of credit institutions and the state corporation "Bank for Development and Foreign Economic Affairs (Vnesheconombank)"), individuals who are individual entrepreneurs or persons engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation (hereinafter referred to jointly as residents). - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

This Instruction applies to resident individuals when they carry out currency transactions in foreign currency and (or) the currency of the Russian Federation related to the provision of loans to non-residents and the repayment of such loans from non-residents using their bank accounts (deposits) (hereinafter referred to as a resident individual). - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The requirements of this Instruction apply to non-residents, with the exception of individuals. - the paragraph is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

1.6. This Instruction does not apply to the execution of transactions on accounts opened with the Bank of Russia, as well as to the execution of transactions by federal executive authorities specially authorized by the Government of the Russian Federation to carry out currency transactions in accordance with part 5 of Article 5 of the Federal Law "On Currency Regulation and Currency Control".

Chapter 2. Submission by residents of documents related to operations. Presentation of information by non-residents in the course of operations

2.1. When conducting an operation for crediting foreign currency to a transit currency account, a resident must submit to the authorized bank documents related to the conduct of operations no later than fifteen working days after the date of crediting foreign currency to the transit currency account specified in the notification of the authorized bank on its crediting to the transit currency account, except for the cases established by paragraphs 2.6, 2.7 and the second paragraph of paragraph 2.8 of this Instruction.

Documents related to operations on crediting foreign currency to a transit currency account are submitted by a resident to an authorized bank simultaneously with an order on debiting foreign currency from a transit currency account or without submitting an order on debiting foreign currency from a transit currency account.

2.2. The resident has the right to give an order to the authorized bank to write off the foreign currency credited to it from his transit currency account before submitting documents related to operations in accordance with paragraph 2.1 of this Instruction, provided that the resident submits to the authorized bank information about the code of the type of operations corresponding to the name of the type of operation specified in Appendix 1 to this Instructions (hereinafter referred to as the operation type code), when crediting foreign currency to a resident's transit currency account. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

The resident informs the authorized bank about the code of the type of operation in the case specified in the first paragraph of this paragraph in accordance with the procedure established by the authorized bank in agreement with the resident.

2.3. The authorized bank for the operation of crediting foreign currency to the transit currency account of a resident independently reflects in the transaction data the information in accordance with Appendix 2 to this Instruction, including the code of the type of operation, in the following terms:

when a resident submits information about the code of the type of operation specified in paragraph 2.2 of this Instruction, before submitting documents related to the conduct of operations - no later than two working days following the day on which the resident submits such information to the authorized bank;

when a resident submits documents related to transactions - no later than two working days following the day of their submission by a resident to an authorized bank.

2.4. When a resident submits documents related to operations to an authorized bank, after submitting information about the transaction type code in accordance with paragraph 2.2 of this Instruction, when crediting foreign currency to a transit currency account, the authorized bank checks the compliance of the resident's information about the transaction type code specified by the authorized bank in the transaction data provided by the resident documents related to operations.

If, based on the results of verification of such documents related to transactions, it is required to change the transaction type code previously specified by the authorized bank in the transaction data, the authorized bank independently makes changes to the transaction type code in the transaction data within the time period established by paragraph three of paragraph 2.3 of this Instruction.

2.5. When debiting a foreign currency from his current account in a foreign currency, a resident, simultaneously with an order to write off a foreign currency, must submit to the authorized bank documents related to the conduct of operations, except for the cases specified in paragraphs 2.6 and 2.7, paragraph two of paragraph 2.8, paragraph 10.11 and Chapter 14 of this Instruction.

The authorized bank shall debit foreign currency from the resident's settlement account in foreign currency only when the resident submits to the authorized bank documents related to transactions, except for the cases specified in paragraphs 2.6 and 2.7, paragraph two of paragraph 2.8, paragraph 10.11 and Chapter 14 of this Instruction.

The authorized bank independently reflects in the transaction data information in accordance with Appendix 2 to this Instruction, including the code of the type of operation, which corresponds to the name of the type of operation specified in Appendix 1 to this Instruction, when debiting foreign currency from the resident's current account in foreign currency on the basis of documents submitted by the resident to the authorized bank related to transactions, no later than two working days following the day of debiting foreign currency from the resident's settlement account in foreign currency.

2.6. A resident must not submit documents related to transactions to an authorized bank when performing transactions in foreign currency in the following cases:

  • when collecting funds from a resident in accordance with the legislation of the Russian Federation;
  • when debiting foreign currency from a resident's settlement account in a foreign currency by direct debit with the consent of the resident (acceptance, including a pre-given acceptance) provided for between the resident and an authorized bank in accordance with the legislation of the Russian Federation on the national payment system;
  • when performing transactions between a resident and an authorized bank in which a resident has opened a settlement account in foreign currency;
  • when a resident writes off foreign currency from his current account in foreign currency and it is credited to his current account in foreign currency, to his account on a deposit in foreign currency opened in one authorized bank, when writing off foreign currency from his deposit account, crediting foreign currency to his account on a deposit in foreign currency, when depositing (withdrawing) foreign currency in cash to your current account (from your current account) in a foreign currency;
  • when a resident writes off foreign currency from his current account in foreign currency in favor of a non-resident individual related to the payment of pensions, compensations, allowances and other payments in cases established by the legislation of the Russian Federation on pension provision and insurance;
  • when a resident carries out operations related to the write-off of foreign currency from a resident's settlement account in foreign currency using a bank card, except for the case of currency transactions under an agreement registered by an authorized bank in accordance with section II of this Instruction;
  • when a resident performs operations related to settlements under a letter of credit, except for the cases specified in Chapter 14 of this Instruction.

In the cases specified in paragraphs two to eight of this paragraph, the authorized bank independently reflects in the transaction data information in accordance with Annex 2 to this Instruction, including the transaction type code, which corresponds to the name of the type of transaction contained in Annex 1 to this Instruction, for such transactions. The information specified in this paragraph is reflected by the authorized bank in the transaction data no later than two working days following the day of crediting foreign currency to the resident's account in foreign currency (debiting foreign currency from the resident's account in foreign currency).

2.7. When crediting foreign currency to a resident's transit currency account or debiting foreign currency from a resident's current account in foreign currency under an agreement concluded with a non-resident, the amount of obligations under which is equal to or does not exceed the equivalent of 200 thousand rubles (hereinafter -the contract the amount of obligations under which does not exceed the equivalent of 200 thousand rubles), the resident, in accordance with the procedure established by the authorized bank, must submit to the authorized bank information about the code of the type of operation corresponding to the name of the type of operation specified in Appendix 1 to this Instruction.

The amount of obligations under the contract specified in the first paragraph of this paragraph is determined on the date of conclusion of the contract or in the event of a change in the amount of obligations under the contract on the date of conclusion of the latest amendments (additions) to the contract providing for such a change in the amount. The amount of obligations under the agreement specified in the first paragraph of this paragraph is calculated at the official exchange rate of foreign currencies against the ruble set by the Bank of Russia, or ifofficialthe exchange rate of foreign currencies against the ruble is not set by the Bank of Russia, at the exchange rate of foreign currencies set in another way recommended by the Bank of Russia (hereinafter referred to as the exchange rate of foreign currencies against the ruble).

2.8. When debiting foreign currency from a clearing bank account in a foreign currency of a resident - clearing organization under a clearing services agreement or when crediting foreign currency to a clearing bank account in a foreign currency of a resident - clearing organization under a clearing services agreement, the resident - clearing organization must submit to the authorized bank documents related to the conduct of transactions on debiting or crediting foreign currency when paying remuneration to a clearing organization under a contract for the provision of clearing services, under which, in accordance with section II of this Instruction, a requirement for its registration is provided.

In other cases not related to the payment of remuneration to a clearing organization under a contract for the provision of clearing services, the authorized bank independently reflects in the transaction data information in accordance with Annex 2 to this Instruction, including the code of the type of operation, which corresponds to the name of the type of operation specified in Annex 1 to this Instruction, within the period established by paragraph 2.9 of this Instruction.

2.9. The authorized bank independently reflects in the transaction data the information in accordance with Annex 2 to this Instruction on the operations specified in paragraph 2.7 and paragraph two of paragraph 2.8 of this Instruction, including the type of operation code, based on the information provided by the resident on the type of operation code or documents related to the operations (if they are submitted by the resident to the authorized bank), and (or) other information available to the authorized bank in connection with the operations of the resident, in the following terms:

  • when crediting foreign currency to a resident's transit currency account - no later than two working days following the day when the resident submits information about the transaction type code to the authorized bank;
  • when debiting foreign currency from a resident's account in foreign currency - no later than two working days following the day of debiting foreign currency from a resident's account in foreign currency.

2.10. A resident, including a resident financial agent (factor) specified in Part 5 of Article 19 of the Federal Law "On Currency Regulation and Currency Control" (hereinafter referred to as a resident financial agent (factor)), when performing an operation related to debiting the currency of the Russian Federation from his current account in the currency of the Russian Federation, opened in an authorized bank, which corresponds to the type of operation specified in Annex 1 to this Instruction, except for the cases specified in paragraphs 2.14 and 2.15 and paragraph two of paragraph 2.16 of this Instruction, must submit to the authorized bank at the same time the following documents:

The order on the transfer of funds provided for by the Regulation of the Bank of Russia dated 19.06.2012 No. 383-P "On the Rules for the transfer of funds", registered by the Ministry of Justice of the Russian Federation on 22.06.2012 No. 24667, 14.08.2013 No. 29387, May 19, 2014 No. 32323, 11.06.2015 No. 37649, January 27, 2016 No. 40831, On 31.07.2017, No. 47578, issued taking into account the requirements provided for in paragraph 2.13 of this Instruction (hereinafter referred to as the settlement document for the operation);

documents related to operations.

2.11. In the cases specified in paragraph 2.10 of this Instruction, the authorized bank shall debit the currency of the Russian Federation from the resident's settlement account in the currency of the Russian Federation only when the resident submits to the authorized bank documents related to transactions, except for the cases specified in paragraphs 2.14 and 2.15 and paragraph two of paragraph 2.16 of this Instruction.

2.12. The authorized bank independently reflects in the transaction data the information in accordance with Appendix 2 to this Instruction, including the code of the type of operation for the operations specified in paragraph 2.10 of this Instruction, on the basis of documents related to transactions, no later than two working days following the day of debiting the currency of the Russian Federation from the settlement account of a resident in the currency of the Russian Federation.

2.13. In the settlement document for the operation, before the text part in the "Purpose of payment" detail, the code of the type of operation must be contained, which corresponds to the name of the type of operation specified in Appendix 1 to this Instruction, as well as the information contained in the documents submitted by the resident related to the operations.

Information about the operation type code should be enclosed in curly brackets and have the following form:

{VO}.

Indents (spaces) inside curly brackets are not allowed.

The symbol "VO" is indicated in uppercase Latin letters (for example, {VO11100}).

2.14. The resident must not submit to the authorized bank a settlement document for the transaction and documents related to the conduct of transactions in the following cases:

when collecting funds from a resident in favor of a non-resident in accordance with the legislation of the Russian Federation;

when debiting the currency of the Russian Federation from a resident's settlement account in the currency of the Russian Federation by direct debit with the consent of the resident (acceptance, including a pre-given acceptance) provided for between the resident and an authorized bank in accordance with the legislation of the Russian Federation on the national payment system;

when a resident performs operations using bank cards, except for the cases of settlements under an agreement registered by an authorized bank in accordance with section II of this Instruction;

when a resident writes off the currency of the Russian Federation from his current account in the currency of the Russian Federation in favor of a non-resident individual related to the payment of pensions, compensations, allowances and other payments in cases established by the legislation of the Russian Federation on pension provision and insurance;

when a resident performs operations related to settlements under a letter of credit, except for the cases specified in Chapter 14 of this Instruction.

In the cases specified in paragraphs two to six of this paragraph, the authorized bank independently reflects in the transaction data the information in accordance with Annex 2 to this Instruction, including the code of the type of operation corresponding to the name of the type of operation given in Annex 1 to this Instruction. The information specified in this paragraph is reflected by the authorized bank in the transaction data no later than two working days following the day of crediting the currency of the Russian Federation to the resident's settlement account in the currency of the Russian Federation (debiting the currency of the Russian Federation from the resident's settlement account in the currency of the Russian Federation).

2.15. When debiting the currency of the Russian Federation from a resident's settlement account in the currency of the Russian Federation under a contract, the amount of obligations under which does not exceed the equivalent of 200 thousand rubles, the resident must submit to the authorized bank a settlement document for the operation.

2.16. When debiting the currency of the Russian Federation from a clearing bank account in the currency of the Russian Federation of a resident - clearing organization under a contract for the provision of clearing services in favor of a non-resident, the resident - clearing organization must submit to the authorized bank a settlement document for the operation and documents related to the conduct of operations, when paying remuneration to the clearing organization under a contract for the provision of clearing services, for which, in accordance with section II of this Instruction, a requirement for its registration is provided.

In other cases not related to the payment of remuneration to a clearing organization under a contract for the provision of clearing services, the authorized bank independently reflects in the transaction data information in accordance with Annex 2 to this Instruction, including the code of the type of operation, which corresponds to the name of the type of operation given in Annex 1 to this Instruction, within the period established by paragraph 2.17 of this Instruction.

2.17. The authorized bank independently reflects in the transaction data the information in accordance with Appendix 2 to this Instruction on the operations specified in paragraph 2.15 and paragraph two of paragraph 2.16, including the type of operation code, based on the information contained in the settlement document for the operation or documents related to the conduct of operations (if they are submitted by a resident in authorized bank), and (or) other information available to the authorized bank in connection with the operations of the resident. The information specified in this paragraph shall be reflected by the authorized bank in the transaction data no later than two working days following the day of debiting the currency of the Russian Federation from the resident's settlement account in the currency of the Russian Federation.

2.18. When performing an operation related to debiting the currency of the Russian Federation from his bank account opened with an authorized bank in the currency of the Russian Federation, a non-resident must submit to the authorized bank a settlement document for the operation indicating in it, in accordance with paragraph 2.13 of this Instruction, the operation type code that corresponds to the name of the type of operation specified in Appendix 1 to this Instruction, except for the following cases:

when collecting funds from a non-resident in accordance with the legislation of the Russian Federation;

when debiting the currency of the Russian Federation from a non-resident's bank account in the currency of the Russian Federation by direct debit with the consent of the non-resident (acceptance, including a pre-given acceptance) provided for between the non-resident and an authorized bank in accordance with the legislation of the Russian Federation on the national payment system; - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

when performing transactions in the currency of the Russian Federation between a non-resident and an authorized bank in which a non-resident has opened a bank account in the currency of the Russian Federation;

when a non-resident transfers the currency of the Russian Federation from a bank account in the currency of the Russian Federation to another bank account of a non-resident, a deposit account in the currency of the Russian Federation of a non-resident opened in one authorized bank, when a non-resident transfers the currency of the Russian Federation from a deposit account in the currency of the Russian Federation to his bank account;

when a non-resident transfers the currency of the Russian Federation from a bank account in the currency of the Russian Federation using a bank card.

In the cases specified in paragraphs two to six of this paragraph, the authorized bank independently reflects in the transaction data the information in accordance with Annex 2 to this Instruction, including the transaction type code, based on the information contained in the transaction settlement document and (or) other information available to the authorized bank, which has an authorized bank in connection with the conduct of non-resident transactions. The specified information is reflected by the authorized bank in the transaction data no later than two working days after the day of debiting the currency of the Russian Federation from the non-resident's bank account in the currency of the Russian Federation. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

2.19. If an authorized bank by a resident (non-resident) is granted the right to independently draw up a settlement document for an operation with an indication of the transaction type code in it on the basis of documents related to the operation, the authorized bank independently draws up a settlement document for the operation with an indication of the transaction type code in it.

2.20. When changing the information contained in the information submitted by residents in accordance with this chapter to the authorized bank about the transaction type code and (or) in documents related to transactions, as a result of which it is necessary to change the transaction type code previously reflected by the authorized bank in the transaction data, the resident within fifteen working days days after the date of registration of documents confirming such changes, must submit them to the authorized bank.

The date of execution of the document confirming such changes is considered to be the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its compilation.

The authorized bank independently reflects changes in the transaction type code in the transaction data no later than two working days following the day on which the resident submits such documents to the authorized bank.

2.21. If the documents submitted by a resident in accordance with this chapter related to the conduct of transactions contain insufficient information to reflect the transaction type code in the transaction data, the authorized bank must request from the resident and the resident must submit additional documents and (or) information allowing them to be indicated in the transaction data on their basis the code of the type of operation corresponding to the operation being carried out, in accordance with the procedure and terms established by the authorized bank.

The resident has the right to submit additional documents and (or) information to the authorized bank without his request, allowing on their basis to indicate in the transaction data the corresponding transaction type code.

2.22. When crediting foreign currency to a resident's transit currency account, when debiting foreign currency from a resident's current account in foreign currency, when crediting the currency of the Russian Federation to a resident's current account in the currency of the Russian Federation, when debiting the currency of the Russian Federation from a resident's current account in the currency of the Russian Federation under contracts registered by an authorized bank in in accordance with section II of this Instruction, the resident, in accordance with the procedure established by the authorized bank in agreement with the resident, must submit to the authorized bank information about the unique contract number assigned in accordance with the procedure established by this Instruction. The information specified in this paragraph is submitted by the resident to the authorized bank in the following terms:

when crediting foreign currency to a transit currency account - simultaneously with the submission of information about the code of the type of operation or documents related to the conduct of operations, allowing them to indicate in the transaction data the corresponding operation code of the type of operation, depending on which of these events will occur earlier;

when crediting the currency of the Russian Federation to the settlement account in the currency of the Russian Federation - no later than fifteen working days after the date of its crediting to the settlement account of the resident indicated in the statement of operations on the account or in another document transmitted by the authorized bank to the resident, which contains information on crediting the currency of the Russian Federation to this settlement account of the resident (hereinafter - statement of operations on the account);

when debiting foreign currency from a current account in a foreign currency - simultaneously with the order on debiting foreign currency;

when debiting the currency of the Russian Federation from the settlement account in the currency of the Russian Federation - simultaneously with the settlement document for the operation.

The operation of debiting foreign currency or the currency of the Russian Federation from a resident's account is not carried out under an agreement that is not registered with an authorized bank in accordance with section II of this Instruction.

2.23. When crediting the currency of the Russian Federation to the settlement account of a resident in the currency of the Russian Federation under contracts registered by an authorized bank in accordance with Section II of this Instruction, the resident, in accordance with the procedure agreed by the authorized bank with the resident, must submit to the authorized bank documents related to transactions no later than fifteen working days after the date its crediting to the settlement account of the resident indicated in the statement of operations on the account.

When crediting the currency of the Russian Federation to the settlement account of a resident in the currency of the Russian Federation received from a non-resident, in case the resident disagrees with the transaction type code specified in the transaction settlement document received from a non-resident, or in case the transaction type code is missing in the transaction settlement document, the resident simultaneously with the documents related to the operations, has the right to submit to the authorized bank information about the transaction type code corresponding to such documents.

2.24. When a resident who has registered a contract writes off foreign currency or the currency of the Russian Federation, which are advance payments under such an agreement, registered by an authorized bank in accordance with section II of this Instruction, the resident must submit to the authorized bank, in accordance with the procedure established by the authorized bank in agreement with the resident, information about the expected dates of repatriation foreign currency and (or) the currency of the Russian Federation in accordance with Annex 3 to this Instruction.

An operation to write off a foreign currency or the currency of the Russian Federation from the settlement account of a resident who has registered an agreement, which are advance payments under such an agreement registered by an authorized bank in accordance with section II of this Instruction, is not carried out if the resident does not provide information when submitting an order to write off a foreign currency or the currency of the Russian Federation about the expected dates of repatriation of foreign currency and (or) the currency of the Russian Federation.

In the event of a change in the information on the expected timing of the repatriation of foreign currency and (or) the currency of the Russian Federation, the resident must submit to the authorized bank documents confirming the change in this information, no later than fifteen working days after the date of registration of such documents in accordance with the procedure established by the authorized bank in agreement with the resident.

The date of execution of the document confirming such changes is considered to be the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its compilation.

2.25. The authorized bank, in agreement with the resident, has the right to inform the resident about the transaction type code, which is reflected in the transaction data in accordance with Chapter 3 of this Instruction, in accordance with the procedure established by the authorized bank in agreement with the resident.

In case of disagreement of the resident with the transaction type code specified by the authorized bank, the resident has the right to submit to the authorized bank information on the change of the transaction type code and documents related to the operation in the manner and within the time limits determined by the authorized bank.

If the authorized bank agrees to change the transaction type code based on the information provided by the resident on the change of the transaction type code and documents related to the operation, the authorized bank must change (correct) the information on the transaction type code specified in the transaction data and the bank control statement, no later than two working days after the date of submission by the resident information about changing the operation type code and documents related to the operation.

Attention!Item 2.26 is included additionally, see the Bank of Russia's Instruction No. 4855-U dated 05.07.2018

2.26. A resident individual, when debiting foreign currency or the currency of the Russian Federation in favor of a non-resident from his bank account (deposit) in foreign currency or the currency of the Russian Federation opened with an authorized bank, when granting a loan to a non-resident under a loan agreement, must submit to the authorized bank in accordance with the procedure established by the authorized bank in agreement with the individual - a resident, a loan agreement concluded between a resident individual and a non-resident.

When a resident individual writes off foreign currency or the currency of the Russian Federation in favor of a non-resident from his bank account (deposit) in foreign currency or the currency of the Russian Federation opened with an authorized bank, when granting a loan to a non-resident under a loan agreement, the amount of obligations of which is equal to or exceeds the amount specified in paragraph two of paragraph 4.2 of this Instruction, a resident individual must submit to the authorized bank, in accordance with the procedure established by the authorized bank in agreement with the resident individual, simultaneously with the loan agreement, information on the expected terms of repatriation of foreign currency and (or) the currency of the Russian Federation in accordance with Appendix 3 to this Instruction. The specified information is not submitted by a resident individual to an authorized bank again if it was previously submitted to an authorized bank and has not been changed.

A resident individual, when crediting foreign currency or the currency of the Russian Federation to his bank account (deposit) in foreign currency or the currency of the Russian Federation opened with an authorized bank, for an operation related to the repayment of a loan, the implementation of interest and other payments by a non-resident under a loan agreement, the type code of which is specified in Appendix 1 to this Instruction, must inform the authorized bank of information about the purpose of such payment and information about the loan agreement specified in paragraph 3 of Annex 2 to this Instruction, in accordance with the procedure established by the authorized bank in agreement with a resident individual, no later than thirty working days after the day of crediting foreign currency or the currency of the Russian Federation to the account of an individual - resident.

The authorized bank independently reflects in the transaction data information about such crediting or debiting in accordance with Appendix 2 to this Instruction for the operations specified in this paragraph, including the transaction type code, on the basis of documents and (or) information submitted by a resident individual. The information specified in this paragraph shall be reflected by the authorized bank in the transaction data no later than two working days after the date of debiting a foreign currency or the currency of the Russian Federation from a bank account (deposit) in a foreign currency or the currency of the Russian Federation or the date of submission by a resident individual of the information specified in paragraph three of this paragraph when crediting a foreign currency currencies or currencies of the Russian Federation to a bank account (deposit) in a foreign currency or the currency of the Russian Federation.

Chapter 3. Formation of data on transactions by an authorized bank

3.1. The authorized bank, in accordance with the procedure established by it, for the purposes of accounting and reporting, must generate electronically, in accordance with Appendix 2 to this Instruction, data on transactions specified in Appendix 1 to this Instruction conducted by residents and resident individuals in foreign currency and in the currency of the Russian Federation and non-residents in the currency of the Russian Federation through their accounts opened in this authorized bank. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The authorized bank does not form, in accordance with Appendix 2 to this Instruction, data on transactions specified in Appendix 1 to this Instruction, which are carried out by residents and non-residents through their deposit accounts opened with this authorized bank.

3.2. Transaction data is generated (corrected) by the authorized bank on the basis of documents related to the conduct of transactions and information on the type of transaction code, the requirements for the submission of which by residents, resident individuals and non-residents are established by Chapter 2 of this Instruction, as well as on the basis of other documents and information available to the authorized bank in connection with with the operation of a resident, a resident individual, including orders for the transfer of funds and orders for the purchase and (or) sale of foreign currency, and (or) which are submitted by residents, resident individuals and non-residents in connection with the opening and maintenance of a bank account (bank deposit). - Item 3.2 as amended by the Bank of Russia Instruction No. 4855-U dated 05.07.2018

3.3. At the discretion of the authorized bank, the transaction data may be supplemented with other information other than that specified in Appendix 2 to this Instruction, which the authorized bank has in connection with the operations of a resident, a resident individual or a non-resident. - Item 3.3 as amended by the Bank of Russia Instruction No. 4855-U dated 05.07.2018

3.4. The procedure for generating data on transactions, with the exception of retention periods, is determined by the authorized bank independently.

Transaction data must be stored electronically by an authorized bank for at least three years after the date of the relevant transaction.

Data on transactions carried out under an agreement registered by an authorized bank in accordance with section II of this Instruction must be stored by an authorized bank in electronic form for at least three years after the date of de-registration of the agreement.

Attention!Item 3.5 is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

3.5. The authorized bank reflects in the data on transactions in accordance with Appendix 2 to this Instruction information on transactions carried out by residents in foreign currency or in the currency of the Russian Federation, by non-residents in the currency of the Russian Federation, the codes of which are specified in Appendix 1 to this Instruction, through their accounts opened in this authorized bank, within a period not exceeding later than two working days after the day of crediting foreign currency or the currency of the Russian Federation to the account of a resident, the currency of the Russian Federation to the account of a non-resident (debiting foreign currency or the currency of the Russian Federation from the account of a resident, the currency of the Russian Federation from the account of a non-resident), unless other terms are established by Chapter 2 of this Instruction.

Section II

The procedure for accounting for contracts, submission by a resident of supporting documents under an agreement registered by an authorized bank, formation and maintenance of a statement of banking control under an agreement registered by an authorized bank, transfer to another authorized bank for servicing an agreement registered by an authorized bank

Chapter 4. General provisions

4.1. The provisions of this section apply to the following agreements concluded between residents and non-residents (draft agreements sent by residents to non-residents or non-residents to residents for conclusion), which provide for settlements through residents' accounts opened with authorized banks and (or) through residents' accounts opened with banks outside the territory of the Russian Federation (hereinafter referred to as - non-resident bank).

4.1.1. Contracts, including agency contracts, commission contracts, contracts of assignment, providing for the export from the territory of the Russian Federation or import into the territory of the Russian Federation of goods, except for the export (import) of securities in documentary form, when carrying out foreign trade activities.

4.1.2. Contracts providing for the sale (acquisition) and (or) provision of services related to the sale (acquisition) on the territory of the Russian Federation (outside the territory of the Russian Federation) of fuel and lubricants (bunker fuel), food, material and technical stocks and other goods (except for spare parts and equipment) necessary to ensure the operation and maintenance of vehicles, regardless of their type and purpose, en route or at intermediate stop or parking points.

4.1.3. Contracts, including agency contracts, commission contracts, assignment contracts, with the exception of the contracts specified in sub-paragraphs 4.1.1, 4.1.2 and 4.1.4 of this paragraph, providing for the performance of works, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them.

4.1.4. Agreements providing for the transfer of movable and (or) immovable property under a lease agreement, financial lease (leasing) agreements (hereinafter referred to in this subparagraph, as well as in subparagraphs 4.1.1 - 4.1.3 of this paragraph, contracts - export contracts, import contracts, if jointly mentioned - contracts).

4.1.5. Contracts, the subject of which is the receipt or provision of funds in the form of a loan (loan), the return of funds under a loan agreement (loan agreement), as well as the implementation of other currency transactions related to the receipt, provision, refund of funds in the form of a loan (except for contracts (agreements) recognized by the legislation of the Russian Federation as a loan or equated to a loan) (hereinafter referred to as the loan agreement).

4.2. The amount of obligations under the contracts (credit agreements) specified in paragraph 4.1 of this Instruction must be equal to or exceed the equivalent:

for import contracts or credit agreements - 3 million rubles;

for export contracts - 6 million rubles.

The amount of obligations under the contract (loan agreement) specified in paragraph 4.1 of this Instruction is determined on the date of conclusion of the contract (loan agreement) or in the case of a change in the amount of obligations under the contract (loan agreement) on the date of conclusion of the latest amendments (additions) to the contract (loan agreement), providing for such a change in the amount at the official exchange rate of foreign currencies against the ruble.

Chapter 5. Accounting of contracts (credit agreements)

5.1. A resident who is a party to an export contract (hereinafter referred to as the resident-exporter), an import contract (hereinafter referred to as the resident-importer) or a loan agreement specified in Chapter 4 of this Instruction must register them with an authorized bank in accordance with the procedure established by this chapter and make settlements under the contract (credit agreement) only through their accounts opened with an authorized bank (the head office of an authorized bank or a branch of an authorized bank) that has accepted the contract (credit agreement), or with an authorized bank that has accepted the contract (credit agreement) for servicing in accordance with Chapters 11-13 of this Instruction (hereinafter referred to as the Bank of the Criminal Code), and (or) through your account opened with a non-resident bank, except for the cases specified in the second paragraph of this paragraph and chapters 10 and 14 of this Instruction.

If the CC bank is a branch of an authorized bank or the CC bank is the head office of an authorized bank, then settlements under the contract (loan agreement) can be carried out through resident accounts opened both in the branch of the authorized bank and in the head office of the authorized bank, provided that the authorized bank complies with the accounting and reporting procedures for transactions provided for by this Instruction.

5.2. If there are settlement accounts in the CC bank opened both by the branch of the resident legal entity that registered the contract (credit agreement) and by the resident legal entity, settlements under such contract (credit agreement) can be carried out using the settlement accounts of the resident legal entity and its branch.

5.3. The resident exporter, who is a party to the export contract specified in Chapter 4 of this Instruction, planning to fulfill his obligations under such an export contract, must submit to the bank the CC taking into account the terms of registration of the export contract specified in paragraph 5.7 of this Instruction:

information about the export contract required for its registration (hereinafter referred to as information), in accordance with the procedure and form established by the Bank of the Criminal Code;

or an export contract (an extract from the export contract containing information necessary for the bank of the CC to register the export contract and exercise currency control, including the fulfillment by the resident exporter of the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control"), and other information necessary for the formation of the bank of the CC section I bank control statements.

The export contract must be submitted by the resident-exporter to the CC bank no later than fifteen working days after the date of registration of the export contract by the CC bank, if the resident-exporter submitted only the information specified in the second paragraph of this paragraph for registration of the export contract.

5.4. In order to register an export contract in the case specified in the second paragraph of paragraph 5.3 of this Instruction, the following information must be submitted to the CC bank by the resident exporter:

general information about the export contract: the type of export contract determined in accordance with subparagraph 1.1.3 of paragraph 1 of Annex 4 to this Instruction, date, number (if any), currency of the export contract (name), the amount of obligations provided for in the export contract, the date of completion of obligations under the export contract;

details of a non-resident (non-residents) who is (are) the party(s) under the export contract: name, country.

If the information provided by the resident exporter in accordance with this paragraph does not correspond to the information contained in the export contract submitted by the resident exporter in accordance with paragraph four of paragraph 5.3 of this Instruction, the CC Bank must make appropriate changes to section I of the bank control statement no later than two working days following the day of submission resident of the export contract to the UK bank.

5.5. The CC Bank must register the export contract no later than the next business day after the date of submission of the information or the export contract by the resident exporter and assign a unique number to the export contract in accordance with the procedure established in Annex 4 to this Instruction (hereinafter referred to as the registration of the export contract).

Simultaneously with assigning a unique number to the export contract, the CC bank must generate an electronic bank control statement and fill out section I of the bank control statement in the order of formation and maintenance of the currency control statement, which is established by Chapter 9 of this Instruction.

The CC Bank must send to the resident exporter information about the unique number of the registered export contract and the date of registration of the export contract in accordance with the procedure established by the CC Bank, no later than one working day after the date of registration of the export contract. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

5.6. An importer resident or a resident who is a party to a credit agreement, in order to register such a contract, a credit agreement specified in Chapter 4 of this Instruction, must submit to the Bank of the Criminal Code in accordance with the procedure established by the Bank of the Criminal Code, an import contract, a credit agreement (an extract from the contract (credit agreement) containing information, the CC required by the bank to register such a contract (loan agreement) and to exercise currency control, including the resident's compliance with the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control"), and other information necessary for the bank to form the CC of Section I of the bank control statement, taking into account the timing of the import contract (loan agreement) on the account specified in paragraph 5.7 of this Instruction.

In order to register a loan agreement, the terms of which provide for the provision of a loan by a resident to a non-resident, a resident who is a party to the loan agreement, in addition to the documents specified in the first paragraph of this paragraph, must submit to the CC bank information on the expected terms of repatriation of foreign currency and (or) the currency of the Russian Federation in accordance with Appendix 3 to this Instruction. - the paragraph is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

5.7. The resident-exporter, resident-importer, resident, who is a party to the loan agreement, must register the contract (loan agreement) in the following terms.

5.7.1. When debiting foreign currency or the currency of the Russian Federation in favor of a non-resident from a resident's account opened with the CC bank - no later than the date of submission of the order on debiting funds.

5.7.2. When crediting foreign currency or the currency of the Russian Federation from a non-resident to a resident's account opened with the Bank of the Criminal Code - no later than fifteen working days after the date of crediting foreign currency or the currency of the Russian Federation to the resident's account opened with the Bank of the Criminal Code.

5.7.3. When debiting foreign currency or the currency of the Russian Federation in favor of a non-resident from a resident's account opened with a non-resident bank, or when crediting foreign currency or the currency of the Russian Federation from a non-resident to a resident's account opened with a non-resident bank - no later than thirty working days after the month in which the specified operation was performed.

5.7.4. If the amount of obligations is not determined by the contract (loan agreement):

when debiting foreign currency or the currency of the Russian Federation under a contract (credit agreement) in favor of a non-resident from a resident's account opened with a UK bank or a non-resident bank, as well as when crediting foreign currency or the currency of the Russian Federation from a non-resident to a resident's account opened with a UK bank or a non-resident bank - no later than the deadline established by this Instruction for the submission by a resident of documents related to the conduct of operations, during the operation, as a result of which the amount of settlements under the import contract (loan agreement) will be equal to or exceed the equivalent of 3 million rubles, and under the export contract will be equal to or exceed the equivalent of 6 million rubles. The amount specified in this paragraph is calculated at the exchange rate of foreign currencies against the ruble on the date of conclusion of the contract (loan agreement) or in the event of a change in the amount of obligations under the contract (loan agreement) on the date of conclusion of the latest amendments (additions) to the contract (loan agreement) providing for such a change in the amount;

when fulfilling obligations under the contract through the import into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and if there is a requirement for customs declaration of goods in accordance with international treaties and acts constituting the law of the Eurasian Economic Union, including the Treaty on the Eurasian Economic Union of May 29, 2014, as well as the legislation of the Russian Federation on customs regulation (hereinafter referred to as the legislation on customs regulation) - no later than the date of filing that declaration for goods, a document used as a declaration for goods in accordance with the legislation on customs regulation, as a result of which the value of the goods under the import contract will be equal to or exceed the equivalent of 3 million rubles (under the export contract will be equal or will exceed the equivalent of 6 million rubles). The amount specified in this paragraph is calculated at the exchange rate of foreign currencies against the ruble on the date of conclusion of the contract or, in case of a change in the amount of obligations under the contract (loan agreement), on the date of conclusion of the latest amendments (additions) to the contract (loan agreement) providing for such a change in the amount; - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

when fulfilling obligations under the contract (loan agreement) in ways other than those specified in paragraphs two - three of this subparagraph - no later than the deadline set by subparagraph 8.2.2 of paragraph 8.2 of this Instruction for the resident to submit a certificate of supporting documents in connection with the fulfillment of obligations under the contract (loan agreement) for an amount equal to or exceeding the equivalent of 3 million rubles under the import contract (loan agreement) or equal to or exceeding the equivalent of 6 million rubles under the export contract. The amount specified in this paragraph is calculated at the exchange rate of foreign currencies against the ruble on the date of conclusion of the contract (loan agreement) or in the event of a change in the amount of obligations under the contract (loan agreement) on the date of conclusion of the latest amendments (additions) to the contract (loan agreement) providing for such a change in the amount.

5.7.5. When fulfilling obligations under the contract by means of importation into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and if there is a requirement for customs declaration of goods in accordance with the legislation on customs regulation - no later than the date of filing a declaration for goods, a document used as a declaration for goods in accordance with the legislation on customs regulation.

5.7.6. When fulfilling obligations under the contract through the importation into the territory of the Russian Federation (export from the territory of the Russian Federation) of goods and in the absence of a requirement for customs declaration of goods in accordance with the legislation on customs regulation - no later than the deadline set by subparagraph 8.2.2 of paragraph 8.2 of this Instruction for the resident to submit a certificate of supporting documents. - sub-item in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

5.7.7. When fulfilling obligations under the contract by performing works, rendering services, transmitting information and results of intellectual activity, including exclusive rights to them, - no later than the deadline set by subparagraph 8.2.2 of paragraph 8.2 of this Instruction for the resident to submit a certificate of supporting documents.

5.7.8. When fulfilling obligations under the contract (loan agreement) in a manner other than those specified in sub-paragraphs 5.7.1 - 5.7.7 of this paragraph - no later than the deadline set by sub-paragraph 8.2.2 of paragraph 8.2 of this Instruction for the resident to submit a certificate of supporting documents, or in other terms established by this Instruction regarding the submission of information on the performance of obligations under the contract (loan agreement) in a manner other than those specified in subparagraphs 5.7.1 - 5.7.7 of this paragraph.

5.8. The CC Bank must register the import contract (loan agreement) no later than the next business day after the date of submission by the resident of the documents specified in paragraph 5.6 of this Instruction and assign a unique number to the import contract (loan agreement) in accordance with the procedure established in Annexes 4 and 5 to this Instruction (hereinafter - registration import contract (loan agreement).

Simultaneously with assigning a unique number to an import contract (credit agreement), the CC bank must generate an electronic bank control statement and fill out section I of the bank control statement, in the order of formation and maintenance of the bank control statement, which is established by Chapter 9 of this Instruction.

The CC Bank must send to the resident importer, the resident who is a party to the loan agreement, information about the unique number of the registered import contract (loan agreement) and the date of registration of the import contract (loan agreement) in accordance with the procedure established by the CC Bank, no later than one working day after the date of registration of the import contract (loan agreement). - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

5.9. Each export contract, import contract, loan agreement specified in Chapter 4 of this Instruction is assigned one unique number by the CC Bank, except for the cases specified in the second paragraph of paragraph 10.1 and paragraph 10.2 of this Instruction.

5.10. If a resident submits a draft contract (loan agreement) to the CC bank for registration of a contract (loan agreement), the resident must submit it to the CC Bank no later than fifteen working days after the date of signing the relevant contract (loan agreement).

The date of signing of the contract (loan agreement) in this case is considered to be the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its compilation.

If, in connection with the signing of a contract (loan agreement), there are grounds for making changes to the information about the contract (loan agreement) reflected by the Bank of the Criminal Code in section I of the statement of bank control, the Bank of the Criminal Code must make changes to the statement of bank control in accordance with Chapter 7 of this Instruction.

5.11. If the documents and information submitted by the resident in accordance with this Chapter to the authorized bank do not contain enough information for the Bank to fill out Section I of the Bank control statement in accordance with the procedure established by Chapter 9 of this Instruction, the Bank of the Criminal Code must request from the resident and the resident must submit additional documents and (or) information allowing the Bank of the Criminal Code to on their basis, fill out section I of the bank control statement, in the manner and time limits established by the Bank of the Criminal Code.

Chapter 6. De-registration of contracts (credit agreements)

6.1. The Resident must submit to the CC Bank an application for de-registration of the contract (loan agreement) on the following grounds.

6.1.1. When transferring a service contract (loan agreement) from the bank of the CC to another authorized bank (including transfer from one branch to another branch of the Bank of the CC, from the head office of the bank of the CC to the branch of the Bank of the CC, from the branch of the bank of the CC to the head office of the Bank of the CC), as well as when a resident closes all current accounts in the bank of the Criminal Code.

6.1.2. When the parties fulfill all obligations under the contract (loan agreement), including the fulfillment of obligations by a third party.

6.1.3. When a resident assigns a claim under a contract (credit agreement) to another resident person or when a resident transfers a debt under a contract (credit agreement) to another resident person.

6.1.4. When a resident assigns a claim under a contract (credit agreement) to a non-resident or when a resident transfers a debt under a contract (credit agreement) to a non-resident.

6.1.5. When performing (terminating) obligations under the contract (loan agreement) for other reasons not specified in subparagraph 6.1.2 of this paragraph, provided for by the legislation of the Russian Federation.

6.1.6. Upon termination of the grounds for registration of the contract (credit agreement) in accordance with this Instruction, including as a result of making appropriate changes and (or) additions to the contract (credit agreement), as well as if the contract (credit agreement) was mistakenly registered in the absence of the contract (credit agreement) the grounds for its registration.

6.2. In the resident's application for de-registration of the contract (loan agreement), the following should be indicated:

unique contract number(loan agreement);

the basis for de-registration of the contract (loan agreement) with reference to the relevant subparagraph of paragraph 6.1 of this Instruction;

information about the resident to whom the claims are assigned (to whom the debt is transferred) under the contract (loan agreement) required by the CC bank to fill out paragraph 8 of section I of the bank control statement (in case of de-registration of the contract (loan agreement) on the basis specified in subparagraph 6.1.3 of paragraph 6.1 of this Instruction);

the date of signing by the resident of the application for the withdrawal of the contract (loan agreement) from the register, his signature and seal (if any).

In one application for de-registration of a contract (credit agreement), a resident has the right to indicate information about the de-registration of several contracts (credit agreements).

6.3. Simultaneously with the application for de-registration of the contract (loan agreement) on the basis specified in subparagraph 6.1.3 of paragraph 6.1 of this Instruction, the resident must submit to the CC bank documents confirming the assignment of the claim under the contract (loan agreement) to another resident person or the transfer of the debt under the contract (loan agreement) to another person - resident.

Simultaneously with the application for de-registration of the contract (loan agreement) on the basis specified in subparagraph 6.1.4 of paragraph 6.1 of this Instruction, in the case of transfer of debt by a resident under a contract (loan agreement) to a non-resident, the resident must submit to the CC bank a certificate of supporting documents and documents confirming the transfer of debt under the contract (loan agreement) to a non-resident, except if the previously specified certificate of supporting documents was submitted by a resident and accepted by the Bank of the Criminal Code in accordance with Chapter 8 of this Instruction.

Simultaneously with the application for de-registration of the contract (loan agreement) on the grounds specified in subparagraph 6.1.5 of paragraph 6.1 of this Instruction, the resident must submit to the CC bank a certificate of supporting documents and documents containing information confirming the fulfillment (termination) of obligations under the contract (loan agreement) for other reasons not specified in subparagraph 6.1.2 6.1 of this Instruction on the grounds provided for by the legislation of the Russian Federation, except if the previously specified certificate of supporting documents was submitted by a resident and accepted by the Bank of the Criminal Code in accordance with Chapter 8 of this Instruction.

Simultaneously with the application for de-registration of the contract (loan agreement) on the grounds specified in subparagraph 6.1.6 of paragraph 6.1 of this Instruction, the resident must submit to the CC bank documents indicating the absence (termination) of grounds requiring the registration of the contract (loan agreement), except in cases where, in accordance with the amendments, as amended in this Instruction, the grounds for taking into account the contract (loan agreement) are changed.

6.4. The CC Bank, no later than two working days after the date of submission by the resident of the application for de-registration of the contract (loan agreement) and the documents necessary for its de-registration, must check the application for de-registration of the contract (loan agreement), the completeness of the submitted set of documents, compliance with the grounds for de-registration of the contract (loan agreement) the information contained in the submitted documents, or other information that the CC bank has in connection with the operations of the resident, and make a decision to de-register the contract (loan agreement) or to refuse to de-register the contract (loan agreement).

6.5. The Bank of the Criminal Code, no later than the deadline set by paragraph 6.4 of this Instruction, must return to the resident the application for de-registration of the contract (loan agreement), the submitted documents and inform the resident of the reasons for the refusal to de-register the contract (loan agreement), indicating the date of return of the submitted documents in any of the following cases:

failure by a resident to submit to the bank of the Criminal Code the documents necessary for de-registration of the contract (loan agreement);

submission of documents that do not contain the necessary information confirming the grounds specified by the resident in the application for de-registration of the contract (loan agreement) for de-registration of the contract (loan agreement);

the absence of sufficient information in the CC bank to de-register the contract (loan agreement).

If one application for de-registration of a contract (credit agreement) contains information about several registered contracts (credit agreements) and the CC bank decides to refuse to de-register a separate contract (credit agreement) (separate contracts (credit agreements), the CC Bank in accordance with the procedure agreed with the resident, must inform him about the contract (credit agreement) (contracts (credit agreements), in respect of which a decision was made to refuse to remove him (them) from the register, return the submitted documents and inform the resident about the reasons for the refusal to remove him (them) from the register.

Contracts (credit agreements), in respect of which a decision has been made to de-register them, are de-registered by an authorized bank in accordance with the procedure established by paragraph 6.6 of this Instruction.

If the resident receives information about the refusal to de-register the contract (loan agreement), the resident has the right, after eliminating the identified deficiencies, to re-submit to the CC bank an application for de-registration of the contract (loan agreement) and the necessary documents.

6.6. When making a decision to de-register a contract (loan agreement), the CC Bank must de-register the contract (loan agreement) within the period specified in paragraph 6.4 of this Instruction.

The contract (loan agreement) is considered to be de-registered in accordance with the procedure established in Appendices 4 and 5 to this Instruction, from the date specified by the Bank of the Criminal Code in section I of the statement of banking control.

Upon de-registration of a contract (loan agreement), the CC bank must transfer, at the request of a resident, a statement of bank control in accordance with the procedure established by the authorized bank in agreement with the resident, except for the case specified in paragraph four of this paragraph.

When a contract (loan agreement) is de-registered on the basis specified in subparagraph 6.1.1 of paragraph 6.1 of this Instruction, the CC Bank must inform the resident of the date of de-registration of the contract (loan agreement) no later than one working day after the date of de-registration of the contract (loan agreement) in accordance with the procedure established by the authorized bank by agreement with a resident. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

When a contract (credit agreement) is de-registered on the basis specified in sub-clause 6.1.3 of clause 6.1 of this Instruction, the CC Bank, no later than one working day after the date of de-registration of the contract (credit agreement), must transfer to the resident the information contained in section I of the bank control statement, in accordance with the procedure established by the authorized bank for by agreement with the resident. - the paragraph is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

6.7. The Bank of the Criminal Code, based on the information available in the Bank of the Criminal Code contained in the statement of banking control, has the right to independently de-register the contract (loan agreement) after the expiration of ninety calendar days following the date specified in column 6 of paragraph 3 of section I of the statement of bank control under the contract (column 6 of paragraph 3.1 of section I of the statement of bank control under the loan agreement), in the following cases: - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

upon execution (termination) of all obligations under the contract (loan agreement) and failure by the resident to submit an application for de-registration of the contract (loan agreement);

in case of non-fulfillment of all obligations under the contract (loan agreement) and non-submission by the resident within ninety calendar days following the date specified in column 6 of paragraph 3 of section I of the statement of bank control under the contract (column 6 of paragraph 3.1 of section I of the statement of bank control under the loan agreement), the documents and information established by this Instruction, based on which the Bank of the Criminal Code maintains a statement of bank control. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

In the case specified in this paragraph, the CC Bank, in accordance with the procedure agreed with the resident, must inform the resident about the de-registration of the contract (loan agreement) no later than one working day after the date of its de-registration.

6.8. When a resident closes all current accounts with the CC Bank without de-registering the contract (loan agreement) in accordance with subparagraph 6.1.1 of paragraph 6.1 of this Instruction, or upon liquidation of a resident legal entity, termination of activity by an individual - an individual entrepreneur and an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, the CC Bank has the right to independently de-register the contract (loan agreement) within the time limit set by it.

6.9. If after the date of de-registration of the contract (loan agreement) as a result of amendments to such a contract (loan agreement) or on the basis of a resident's application drawn up in the form agreed with the Bank of the Criminal Code, if no changes have been made to such a contract (loan agreement), the fulfillment of obligations will continue, the resident must submit to the Bank of the Criminal Code an application for amendments to section I of the statement of banking control in accordance with Chapter 7 of this Instruction. In this case, the CC bank must resume accounting in the bank control statement for the previously registered contract (credit agreement) and continue to take into account the fulfillment of obligations under this contract (credit agreement) in accordance with the procedure established by this Instruction.

Chapter 7. Changing information about contracts (credit agreements) accepted for registration

7.1. When making changes and (or) additions to the contract (loan agreement), as well as when changing other information contained in section I of the statement of banking control on the contract (loan agreement) accepted for registration, except for the case specified in paragraph 7.10 of this Instruction, the resident must send an application to the Bank of the Criminal Code for amendments to section I of the bank control statement.

7.2. In the resident's application for amendments to section I of the bank control statement, the following should be indicated:

  • the unique number of the registered contract (loan agreement), in section I of the statement of bank control for which changes are made, and the content of these changes;
  • documents that are the basis for making changes to section I of the bank control statement (their details (number (if any), date);
  • information about the resident, which must be changed in section I of the statement of banking control, in case only information about the resident is changed (the information contained in the third paragraph of this paragraph in this case is not indicated by the resident);
  • the date of signing by the resident of the application for amendments to section I of the statement of banking control, his signature and seal (if any).

7.3. Simultaneously with the application submitted in accordance with paragraph 7.1 of this Instruction, the resident must submit to the CC Bank documents that confirm the need to amend Section I of the bank control statement, except for the cases specified in paragraphs 7.8 and 7.9 of this Instruction.

7.4. The documents listed in paragraphs 7.1 and 7.3 of this Instruction are submitted by the resident no later than fifteen working days after the date of their registration, except for the cases specified in paragraphs 7.8 and 7.9 of this Instruction.

The date of execution of the documents specified in paragraph 7.3 of this Instruction is considered to be the latest date of their signing or the date of their entry into force, or in the absence of these dates - the date of their compilation.

In the case specified in paragraph 6.9 of this Instruction, the documents listed in paragraphs 7.1 and 7.3 (if any) of this Instruction are submitted by the resident no later than the time limits set out in paragraph 5.7 of this Instruction.

7.5. The Bank of the Criminal Code, within a period not exceeding two working days after the date of submission by the resident of the documents specified in paragraphs 7.1 and 7.3 (if any) of this Instruction, must check the application for amendments to section I of the bank control statement, the completeness of the submitted set of documents, the availability and compliance of the grounds for amendments to section I of the statement to make a decision to amend section I of the statement of banking control or to refuse to amend section I of the statement of banking control.

7.6. The Bank of the Criminal Code must refuse to make changes to section I of the statement of banking control to the resident in case of failure by the resident to submit the necessary documents and information, including the submission of an incomplete set of documents, false documents, inconsistencies of information and information contained in the submitted documents, the application for amendments to section I of the statement of banking control, including including the absence of grounds in them for making changes to section I of the statement of banking control.

If the CC Bank refuses to amend Section I of the Bank control statement, the CC Bank must return to the resident the documents specified in paragraphs 7.1 and 7.3 of this Instruction no later than the deadline set by paragraph 7.5 of this Instruction and inform the resident of the reasons for the refusal to amend Section I of the bank control statement, indicating the date of return of the submitted documents. documents.

If one application for amendments to section I of the bank control statement contains information about several contracts (credit agreements) that have been registered, and the CC Bank decides to refuse to amend section I of the bank control statement for a separate (separate) contracts (credit agreements), the CC Bank must inform the resident about the contract (credit agreement), in respect of which a decision was made to refuse to amend section I of the statement of banking control, return the documents submitted under such contracts (credit agreements) and inform the resident about the reasons for this refusal. With respect to other contracts (credit agreements) specified in the application for amendments to section I of the statement of banking control, the Bank of the Criminal Code makes appropriate changes to section I of the statement of banking control in the manner and within the time limits established by Chapter 9 of this Instruction.

If a resident receives a refusal of the CC Bank to amend section I of the statement of banking control, the resident, after eliminating the identified deficiencies, must re-submit to the CC Bank the documents specified in paragraphs 7.1 and 7.3 of this Instruction.

7.7. In case of acceptance of the documents specified in paragraphs 7.1 and 7.3 of this Instruction, the Bank of the Criminal Code must make the necessary changes to Section I of the bank control statement in accordance with the procedure and deadlines established by Chapter 9 of this Instruction.

7.8. In case of changes in the information contained in section I of the statement of banking control about the resident who has registered the contract (loan agreement), the resident must submit to the Bank of the Criminal Code only the application specified in paragraph 7.1 of this Instruction. In this case, the application is submitted by the resident in accordance with paragraph 7.1 of this Instruction no later than thirty working days after the date of making the appropriate changes to the unified state register of legal entities, or to the unified state register of individual entrepreneurs, or to the register of notaries and persons who have passed the qualification exam, or to the register of lawyers of the subject of the Russian Federation.

When making changes to the information about the resident specified in section I of the statement of banking control, the Bank of the Criminal Code uses information from open information systems of state authorities of the Russian Federation located in the information and telecommunications network "Internet" or the unified system of interdepartmental electronic interaction.

7.9. If the contract (loan agreement) contains conditions on the possibility of its extension without signing additions and amendments to the contract (loan agreement), as well as in cases where the contract (loan agreement) is valid until the parties fulfill their obligations, to amend section I of the bank control statement in connection with the need to specify on another date of completion of the fulfillment of obligations under the contract (loan agreement), the resident must submit to the CC bank only an application for amendments to section I of the bank control statement. The application specified in this paragraph is submitted by the resident to the Bank of the Criminal Code no later than fifteen working days after the date specified in column 6 of paragraph 3 of section I of the statement of banking control.

In this case, the new date of completion of the fulfillment of obligations under the contract (loan agreement) is indicated in the application.

7.10. When changing the name and (or) reorganizing the CC bank in the form of transformation, amendments to section I of the bank control statement are made by the CC Bank independently without the resident submitting an application in accordance with paragraph 7.1 of this Instruction and the documents specified in paragraph 7.3 of this Instruction.

In this case, the new name and (or) the new organizational and legal form of the CC bank shall be entered by the CC bank in section I of the statement of banking control within the time period established by the CC Bank, but not later than one of the following terms:

  • sixty calendar days after the date of making the appropriate changes to the Book of state Registration of Credit institutions;
  • simultaneously with the introduction of other changes to section I of the statement of banking control on the application of a resident submitted in accordance with paragraph 7.1 of this Instruction;
  • simultaneously with the withdrawal of the contract (loan agreement) from the register on the basis of a resident's application submitted in accordance with paragraph 6.1 of this Instruction.

7.11. Section I of the bank control statement, as amended in accordance with this chapter, is sent by the CC Bank to the resident at the request of the resident in accordance with the procedure agreed by the CC Bank with the resident.

Chapter 8. Submission by residents of supporting documents under contracts (credit agreements) accepted for registration

8.1. Upon performance, termination of obligations, change of the person in the obligation, change of the amount of obligations under the contract (loan agreement), in respect of which this Instruction establishes a requirement for its registration, the resident must submit to the Bank of the Criminal Code simultaneously with one copy of the certificate of supporting documents filled in in accordance with Appendix 6 to this Instruction, the following documents confirming the fulfillment, termination of obligations, change of person in the obligation, change in the amount of obligations under the contract (loan agreement) in a way other than calculations (hereinafter referred to as supporting documents).

8.1.1. When goods are exported from the territory of the Russian Federation (imported into the territory of the Russian Federation) and if there is a requirement for customs declaration of goods in accordance with the legislation on customs regulation in a manner other than filing a declaration for goods to the customs authorities - documents used as a customs declaration provided for in paragraph 6 of Article 105 of the Customs Code of the Eurasian Economic Union Union ("Official Internet portal of legal information" (www.pravo.gov.ru ), January 9, 2018)

8.1.2. When exporting (importing) goods from the territory (to the territory) of the Russian Federation and in the absence of a requirement for customs declaration of goods in accordance with the legislation on customs regulation - goods and transport (transportation, shipping),commercial documents. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

Additionally, a resident may submit to the CC bank other documents containing information on the export of goods from the territory of the Russian Federation (shipment, transfer, delivery, movement) or import of goods into the territory of the Russian Federation (receipt, delivery, acceptance, movement), executed under the contract, and (or) documents used by the resident for accounting their business operations in accordance with accounting rules and business practices.

8.1.3. In case of performance of works, provision of services, transfer of information and results of intellectual activity, including exclusive rights to them, - acceptance and transfer certificates, invoices, invoices and (or) other commercial documents issued under the contract, and (or) documents used by the resident to account for their business transactions in accordance with accounting rules and business practices.

8.1.4. In case of fulfillment of obligations under the contract (loan agreement) not specified in sub-paragraphs 8.1.1 - 8.1.3 of this paragraph, as well as in cases of termination of obligations, change of the person in the obligation, changes in the amount of obligations (including obligations to pay interest payments when a resident provides a loan to a non-resident) - other documents confirming the relevant performance, termination obligations, change of a person in an obligation, change in the amount of obligations under a contract (loan agreement) (including obligations to pay interest payments when a resident provides a loan to a non-resident), including documents used by a resident to record their business transactions in accordance with accounting rules and business practices.

8.2. The certificate of supporting documents and the supporting documents specified in paragraph 8.1 of this Instruction are submitted by the resident to the CC Bank within the following terms (unless other terms are specifically established by this Instruction regarding the submission of a certificate of supporting documents).

8.2.1. No later than fifteen working days after the last day of the month in which the documents used as a customs declaration are marked with the date of their release. If there are several marks on the specified documents on different dates of release of goods, the period established by this subparagraph is calculated from the latest date of release of goods affixed to the document. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

8.2.2. No later than fifteen working days after the last day of the month in which the supporting documents specified in sub-paragraphs 8.1.2 - 8.1.4 of paragraph 8.1 of this Instruction were issued.

If information about the fulfillment of obligations, termination of obligations, change of person in the obligation, change in the amount of obligations under the contract (loan agreement) is contained in several supporting documents, then the deadline for submitting a certificate of supporting documents filled out on the basis of all such documents, established by this subparagraph, is counted from the latest date of registration of the corresponding confirming document.

8.3. The date of registration of the supporting document specified in sub-paragraphs 8.1.2 - 8.1.4 of paragraph 8.1 and paragraph 8.7 of this Instruction is considered to be the latest date of its signing or the date of its entry into force, or in the absence of these dates - the date of its compilation or the date indicating importation into the territory of the Russian Federation (receipt, delivery acceptance, transfer) or export of goods from the territory of the Russian Federation (shipment, transfer, transfer) contained in the supporting document.

8.4. If, in accordance with the terms of the agreement, the authorized resident bank is granted the right to independently fill out a certificate of supporting documents on the basis of supporting documents submitted by the resident within the time limits set out in paragraph 8.2 of this Instruction, the authorized bank has the right to independently fill out a certificate of supporting documents within the time period set out in paragraph 8.2 of this Instruction.

If the resident does not agree with the content of the information in the certificate of supporting documents filled out by the CC Bank in accordance with paragraph one of this paragraph, the resident has the right to submit a certificate of supporting documents containing corrected information to the CC Bank no later than fifteen working days after the date of its receipt. Simultaneously with the specified certificate of supporting documents, the resident must submit to the CC bank an application drawn up in any form, in which he indicates the reasons for submitting the certificate of supporting documents, as well as additional documents (if any) related to making such changes, if they have not been previously submitted to the CC bank.

8.5. If the contract providing for the transfer of movable and (or) immovable property under a lease agreement, financial lease (leasing), provision of communication services, insurance, defines payments that are made (will be made) with a periodicity of time fixed in the terms of the contract (hereinafter referred to as periodic fixed payments), the resident does not submits a certificate of supporting documents and supporting documents to the CC bank. In case of making other payments other than periodic fixed payments, the resident must submit to the CC bank a certificate of supporting documents and supporting documents in accordance with the procedure established by this Instruction.

8.6. If the CC bank has information about the correspondent bank's deduction of the bank commission for the transfer of funds from the amount of funds owed to the resident under the contract (credit agreement), or from the amounts of funds returned previously transferred to a non-resident under the contract (credit agreement), which is registered by the CC Bank, the CC Bank with the consent of the resident has the right to independently reflect, on the basis of the information available to him, information on the retention of the banking commission in section III of the statement of banking control in accordance with the procedure established by Chapter 9 and Annexes 4 and 5 to this Instruction. In this case, the resident has the right not to submit a certificate of supporting documents and supporting documents to the CC bank.

If the CC Bank does not have the information specified in the first paragraph of this paragraph, the resident must submit to the CC Bank a certificate of supporting documents and supporting documents on the retention of the bank commission in accordance with subparagraph 8.1.4 of paragraph 8.1 of this Instruction.

8.7. If the information contained in the certificate of supporting documents accepted by the CC Bank is changed (with the exception of information about the CC bank or a resident), the resident within fifteen working days after the date specified in paragraph 8.3 of this Instruction for processing documents confirming such changes, taking into account the period specified in the second paragraph of subparagraph 8.2.2 of paragraph 8.2 of this Instruction, must submit to the CC Bank a new certificate of supporting documents containing corrected information, with the attachment of documents confirming such changes.

If the CC bank has been granted by the resident the right, on the basis of the documents submitted by the resident confirming such changes, in compliance with the deadline set forth in this paragraph, to change the information contained in the certificate of supporting documents previously accepted by the CC Bank, the CC Bank has the right to independently fill out the certificate of supporting documents.

8.8. When exporting goods from the territory of the Russian Federation on the terms of granting a commercial loan by a resident to a non-resident in the form of deferred payment or importing goods into the territory of the Russian Federation on the terms of granting a commercial loan by a resident to a non-resident in the form of prepayment (advance payment) and if there is a requirement for customs declaration of goods in accordance with the legislation on customs regulation by filing a declaration for the resident must submit to the CC bank, no later than fifteen working days after the month in which the declarations for goods are registered (hereinafter referred to as the reporting month), a certificate of supporting documents filled in in accordance with Annex 6 to this Instruction, without submitting a declaration for goods. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The certificate of supporting documents specified in the first paragraph of this paragraph shall include information on declarations for goods registered by customs authorities, with the exception of information on a temporary declaration for goods, a transit declaration for goods. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

Upon receipt by the CC Bank of information on declarations for goods registered by Customs authorities in accordance with the Regulations on the Transfer by Customs Authorities to the Central Bank of the Russian Federation and Authorized Banks in electronic form of information on declarations for goods registered by Customs authorities, approved by the Decree of the Government of the Russian Federation dated December 28, 2012 No. 1459 "On the Procedure for Transfer by Customs Authorities to the Central Bank of the Russian Federation and authorized banks in electronic form of information on declarations for goods registered by customs authorities" (Collection of Legislation of the Russian Federation, 2013, No. 1, Article 55) (hereinafter referred to as the Provision on the transfer of information on declarations for goods), the specified information is entered by the Bank of the Criminal Code in the statement of banking control in automated mode in accordance with Annex 4 to this Instruction.

8.9. If the contract, in respect of which this Instruction establishes a requirement for its registration, provides for both the provision of services, the performance of works, the transfer of information and the results of intellectual activity, including exclusive rights to them, and the export (import) of goods from the territory (to the territory) of the Russian Federation, declared in accordance with the legislation on customs regulation, by submitting a declaration for goods, a resident must submit a certificate of supporting documents to the CC bank as follows. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

In case of receipt, in accordance with the Regulations on the transfer of information on declarations for goods to the CC Bank, of a declaration for goods, which indicates the cost of goods, including information on both the amount of goods exported (imported) from the territory (to the territory) of the Russian Federation, and the amount of services rendered, work performed, transferred information and results of intellectual activity, including exclusive rights to them, the resident must submit to the CC Bank a certificate of supporting documents for such a contract in accordance with paragraph 8.8 of this Instruction, filled out on the basis of the goods declaration.

In case of receipt, in accordance with the Regulations on the Transfer of information on declarations for goods to the CC Bank, of a declaration for goods indicating the value of goods, including only the amount of goods exported (imported) from the territory (to the territory) of the Russian Federation, the resident must submit to the CC bank a certificate of supporting documents in accordance with paragraph 8.8 of this Instruction, filled out on the basis of the goods declaration. Information on the amount of services rendered, works performed, information transmitted and the results of intellectual activity, including exclusive rights to them, is included by the resident in the certificate of supporting documents, including those specified in this paragraph, and is submitted to the CC bank with supporting documents specified in subparagraph 8.1.3 of paragraph 8.1 of this Instruction.

Chapter 9. Formation and maintenance of the bank control statement

9.1. For each contract (loan agreement) registered by the CC Bank in accordance with the procedure established in Appendices 4 and 5 to this Instruction, one statement of bank control is maintained, except for the cases specified in the second paragraph of paragraph 10.1 and paragraph 10.2 of this Instruction.

9.2. The formation and maintenance of the bank control statement is carried out by the CC Bank on the basis of the following documents and information:

  • information specified in the second paragraph of paragraph 5.3 of this Instruction;
  • contract (loan agreement);
  • data on operations;
  • certificates of supporting documents;
  • information on declarations for goods registered by customs authorities received in accordance with the Regulations on the Transfer of Information on Declarations for Goods;
  • the statement of bank control received from the Bank of Russia (in cases established by paragraph seven of paragraph 10.2,paragraphs 11.5 and 12.6 of this Instruction);
  • other documents and information submitted by the resident to the CC Bank in accordance with this Instruction, or which the CC Bank has in connection with the operations of the resident.

9.3. The formation of the bank control statement and the entry of information into it is carried out by the CC bank in the following terms:

  • when registering a contract (credit agreement), section I of the bank control statement is formed on the day of its registration, with the exception of registering the contract (credit agreement) in the case established by paragraph 10.2 of this Instruction;
  • when registering a contract (loan agreement) in the case specified in paragraph 10.2 of this Instruction - no later than two working days after the date of receipt of the bank control statement from the Bank of Russia;
  • when accepting a service contract (loan agreement) in the cases specified in paragraphs 11.5 and 12.6 of this Instruction - no later than two working days after the date of receipt of the bank control statement from the Bank of Russia;
  • when accepting a certificate of supporting documents - no later than two working days after the date of its acceptance;
  • when conducting operations - no later than two working days after the days of formation (correction) of data on operations;
  • if the bank independently reflects the CC in the cases specified in paragraphs six and thirteen of paragraph 10.14 of this Instruction - no later than two working days after the date of submission of the relevant information to the CC bank;
  • upon receipt of information on declarations for goods registered by customs authorities - no later than one working day after the date of formation by the bank of the Criminal Code of the receipt for acceptance of an electronic message in accordance with paragraph 13 of the Regulations on the transfer of information on declarations for Goods;
  • when making changes to section I of the bank control statement - no later than two working days after the date of acceptance by the bank of the Criminal Code of the application specified in paragraph 7.1 of this Instruction, except for the case specified in paragraph 7.10 of this Instruction; - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018
  • when amendments are made to section I of the bank control statement in the cases established by paragraph 7.10 of this Instruction - no later than the deadlines established by paragraph 7.10 of this Instruction;
  • upon de-registration of the contract (loan agreement) - no later than two working days after the day of de-registration of the contract (loan agreement);
  • when submitting information in cases other than those specified in paragraphs two to eleven of this paragraph, which is subject to reflection in the statement of banking control in accordance with this Instruction, no later than two working days after the date of submission of the relevant information by the resident to the CC Bank.

9.4. When the contract (loan agreement) is registered by the CC bank in the case specified in subparagraph 5.7.4 of paragraph 5.7 of this Instruction, the CC Bank does not enter information on transactions carried out under it or on the fulfillment of obligations under it in a way other than settlements that occurred before the date of registration into the statement of banking control generated by it such a contract (loan agreement), except for information about the transaction or the fulfillment of obligations under it in a manner other than settlements, as a result of which the resident has a basis for registering the contract (loan agreement) in accordance with subparagraph 5.7.4 of paragraph 5.7 of this Instruction.

9.5. If, after the date of de-registration of the contract on the grounds set out in paragraph 6.1 of this Instruction, as well as in the case specified in paragraph 6.9 of this Instruction, the Bank of the Criminal Code, in accordance with the Regulations on the Transfer of information on declarations for goods, received information on amendments to the declaration for goods, information about which It is contained in section III of the statement of banking control, the Bank of the Criminal Code must reflect in such a statement of banking control information about the changes received. In this case, the CC Bank makes such changes to the statement of banking control no later than two working days after the date of formation by the CC Bank of the receipt for acceptance of an electronic message in accordance with paragraph 13 of the Regulations on the transfer of information on declarations for goods upon receipt of information on amendments to the declaration for goods.

Chapter 10. Accounting of transactions under contracts (credit agreements) that contain simultaneously the terms of an export and import contract or a contract and a credit agreement or conditions for obtaining and granting a loan (loan), as well as in cases of assignment of a claim or transfer of debt under a contract (credit agreement) to another person, financing for the assignment of a monetary claim arising from the contract, or carrying out operations under the contract (loan agreement) by third parties

10.1. If one agreement concluded between a resident and a non-resident and specified in paragraph 4.1 of this Instruction simultaneously contains the terms of both an export contract and an import contract, registration of such a contract with an authorized bank is carried out in accordance with the requirements established by this Instruction for import contracts, and such a contract is formed and maintained one statement of bank control in accordance with the procedure established by Annex 4 to this Instruction, indicating in it one unique contract number. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

If one agreement concluded between a resident and a non-resident and specified in paragraph 4.1 of this Instruction simultaneously contains the terms of both the contract and the loan agreement, or the terms of one loan agreement concluded between a resident and a non-resident simultaneously provide for both the provision of a loan (loan) and its receipt, such an agreement is formed and two statements of bank control are maintained in accordance with the procedure established by appendices 4 and (or) 5 to this Instruction, indicating in them an independent unique number of the contract (loan agreement).

10.2. In case of transfer by a resident of his rights under a contract (loan agreement) (hereinafter referred to as the first resident), which is registered by the CC Bank, by assignment of a claim to another resident person (including in case of transfer of rights to another resident person on the basis of a federal law or judicial act), except for the case 10.14 of this Instruction, or in the case of transfer by the first resident of the debt under the contract (loan agreement), which is registered by the CC bank, to another resident person (hereinafter referred to in this paragraph as another resident person - the second resident), the first resident must remove the contract (loan agreement) from the account in accordance with the procedure established by Chapter 6 of this Instruction, taking into account the following.

The first resident must transfer to the second resident, no later than the terms specified in paragraphs four or five of this paragraph, a contract (loan agreement) or an extract from such a contract (loan agreement) containing the information necessary for the CC bank to register the second resident of the contract (loan agreement) and exercise currency control over the resident's compliance with the requirements of the article 19 of the Federal Law "On Currency Regulation and Currency Control". Within the terms specified in this paragraph, the first resident must also transfer to the second resident the information contained in section I of the statement of banking control under the contract (loan agreement) received by the first resident from the Bank of the Criminal Code in accordance with paragraph four of paragraph 6.6 of this Instruction.

In order to accept a contract (loan agreement) for servicing by a new CC bank, the second resident must submit to the new CC bank information or a contract (loan agreement) in accordance with this Instruction and the information contained in section I of the bank control statement specified in paragraph two of this paragraph, as well as a document confirming the assignment of a claim or transfer to him he has a debt under the contract (loan agreement), which was removed from the register by the first resident.

The second resident must submit to the new CC bank the information and documents specified in the third paragraph of this paragraph within the time period established by paragraph 5.7 of this Instruction.

If, after the cancellation of the contract (loan agreement) by the first resident, the events specified in paragraph 5.7 of this Instruction do not occur, the second resident must submit to the new CC bank the information and documents specified in paragraph three of this paragraph, no later than thirty working days after the date of cancellation of the contract (loan agreement) the first resident.

The new Bank of the Criminal Code, no later than the next business day after the day of submission by the second resident of the information and documents specified in the third paragraph of this paragraph, must request the Bank of Russia in electronic form in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form posted on the official website of the Bank of Russia in the information and telecommunications network "Internet", a statement of bank control corresponding to the unique number of the contract (loan agreement) submitted by the second resident to the new bank of the Criminal Code. The new CC Bank does not request from the Bank of Russia the statement of banking control specified in this paragraph if the CC bank and the new CC bank are the same CC bank. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

No later than two working days after the date of receipt by the new bank of the Criminal Code from the Bank of Russia of the statement of banking control under the contract (loan agreement), the new bank of the Criminal Code, in accordance with the procedure established by Chapter 9 of this Instruction, with the use of software and hardware, accepts the specified statement of banking control, forms a new statement of banking control, fills in section I of the statement of banking control, assigns a new unique number to the contract (loan agreement), transfers information from sections II - IV of the statement of bank control under the contract (sections II - III, V of the statement of bank control under the loan agreement) to the new statement of bank control. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

In the case specified in the second sentence of the sixth paragraph of this paragraph, the new bank of the Criminal Code forms a statement of bank control, fills in section I of the statement of bank control, assigns a new unique number to the contract (loan agreement), transfers information from sections II - IV of the statement of bank control under the contract (sections II - III, V of the statement of bank control under credit agreement) in the newly formed statement of bank control no later than two working days after the date of submission by the second resident of the information and documents specified in the third paragraph of this paragraph. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The new bank of the Criminal Code must carry out further maintenance of the newly formed bank control statement in electronic form in accordance with Chapter 9 of this Instruction. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

If the new bank receives the CC from the Bank of Russia in electronic form in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form, posted on the official website of the Bank of Russia in the information and telecommunications network "Internet", information about the absence of the Bank of Russia of the relevant statement of banking control, the new bank of the CC must refuse the second resident in taking into account such a contract (loan agreement). In this case, the second resident has the right to apply to the Bank of Russia in any form with mandatory indication of the unique number of the contract (loan agreement), number (if any) and date of the contract (loan agreement), taxpayer identification number (hereinafter - TIN) of the first and second resident. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The first resident, when withdrawing the contract (loan agreement) from the account with the CC bank in the cases specified in this paragraph, must not submit a certificate of supporting documents to this CC bank. - the paragraph is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

10.3. The requirements of paragraph 10.2 of this Instruction do not apply to cases of partial transfer by a resident of his rights under a contract (credit agreement), which is registered by a resident with the CC bank, by partial assignment of a claim to another resident person or partial transfer by a resident of a debt under a contract (credit agreement), which is registered by a resident with the CC bank, to another resident person.

10.4. When fulfilling obligations under the contract (loan agreement), which is registered by the resident with the CC Bank, in the following cases:

  • if a resident who has registered a contract (credit agreement) has assigned the fulfillment of obligations under such a contract (credit agreement) to a third person - a resident who is not a party to the contract (credit agreement) (hereinafter referred to as a third person - a resident);
  • if the resident who registered the contract (loan agreement) partially assigned the claims or partially transferred the debt under the specified contract (loan agreement) to another resident (hereinafter referred to as another resident),
  • a resident who is a party to a contract (loan agreement) must transfer to a third person - resident (another person - resident) a copy of the contract (loan agreement) or an extract from such contract (loan agreement) containing information necessary for the third person - resident (other person - resident) to fulfill part (all) of the obligations according to the contract (loan agreement), as well as information about the unique number of the contract (loan agreement).

When making settlements under the specified contract (loan agreement), the third person - resident (other person - resident) must submit to the authorized bank, through the accounts in which he makes such settlements, the information and documents specified in the fourth paragraph of this paragraph, as well as the document (documents) on the basis of which the resident who registered the contract (credit agreement), assigned partial (full) fulfillment of obligations under the contract (credit agreement) to a third person - resident (hereinafter referred to as the contract for the fulfillment of obligations by a third person - resident) or partially ceded claims or partially transferred the debt under the contract (credit agreement) to another person - resident (hereinafter referred to as - agreement on partial assignment of the claim (partial transfer of debt).

The authorized bank to which the third person - resident (other person - resident), when carrying out the calculations specified in paragraph five of this paragraph, submitted documents related to the conduct of operations in accordance with Chapter 2 of this Instruction and the documents specified in paragraph five of this paragraph, no later than two working days after the date of submission of these documents must transfer information about the unique number of the contract (loan agreement) to a third person - resident (other person - resident) in accordance with the procedure established by the authorized bank.

Within the time limits established by paragraph six of this paragraph, the authorized bank must also transfer to a third person - resident (other person - resident) the information specified in columns 2-6, 10, 12 and 15 of section II of the statement of banking control under the contract of Annex 4 to this Instruction or in columns 2-6, 9, 11 and 14 of section II of the statement of bank control under the loan agreement of Annex 5 to this Instruction (hereinafter - information of the authorized bank on the transaction with the indication of the unique number of the contract (loan agreement), certified by the authorized bank in accordance with the procedure established by Chapter 15 of this Instruction.

The third person - resident (other person - resident) must transfer the information specified in paragraph seven of this paragraph of the authorized bank about the transaction, indicating the unique number of the contract (credit agreement) to the resident who registered the contract (credit agreement), no later than the terms specified in paragraph nine of this paragraph, in the manner determined by the residents.

A resident who has registered a contract (credit agreement), no later than fifteen working days after the last day of the month in which the operation was carried out by a third person - resident (another person - resident), must submit to the Bank of the Criminal Code information of the authorized bank about the operation, indicating the unique number of the contract (credit agreement), as well as an agreement on the performance of obligations by a third party resident or an agreement on the partial assignment of a claim (partial transfer of debt) to another person resident.

If the accounts of residents performing settlements in accordance with this paragraph under a contract (credit agreement) registered are opened in one authorized bank - the Bank of the Criminal Code, the documents and information specified in paragraphs four and eight of this paragraph by residents who, in accordance with this paragraph, do not register the contract (credit agreement), the bank of the Criminal Code may not be submitted and the information of the authorized bank about the transaction with the indication of the unique number of the contract (credit agreement) by them to the resident who registered the contract (credit agreement) may not be transferred.

10.5. In the cases specified in paragraph 10.4 of this Instruction, when a third person - resident (another person - resident) makes settlements through his account opened with a non-resident bank, the resident who registered the contract (loan agreement), no later than thirty working days after the last day of the month in which the payments were made a third person - resident (other person - resident) settlements under a contract (loan agreement), must submit to the bank of the CC statements on transactions carried out by a third person - resident (other person - resident) through his account opened in a non-resident bank, as well as an agreement on the basis of which obligations are fulfilled by a third person - a resident, or an agreement on the partial assignment of a claim (partial transfer of debt) to another resident person.

10.6. In the cases specified in paragraph 10.4 of this Instruction, in case of partial (full) fulfillment by a third person - resident (other person - resident) of obligations in a manner other than settlements, the resident who has registered the contract (loan agreement), within the period specified in paragraph 8.2 of this Instruction, must submit to the bank the CC a certificate of supporting documents, which reflects information about such fulfillment of obligations under the contract (loan agreement).

Simultaneously with the certificate of supporting documents, the resident who has registered the contract (loan agreement) must submit to the CC bank documents confirming the fulfillment by a third person - resident (other person - resident) of obligations under the contract (loan agreement), as well as the contract on the basis of which obligations are fulfilled by a third person - resident, or the contract on partial assignment of the claim (partial transfer of debt).

10.7. When a non-resident third party fulfills part or all of the obligations under the contract (loan agreement) that has been registered (accepted for service), the resident who has registered the contract (loan agreement) must submit to the Bank of the Criminal Code in accordance with the procedure established by Chapter 8 of this Instruction, a certificate of supporting documents, in which reflects the fulfillment of obligations by a non-resident third party.

Simultaneously with the certificate of supporting documents, the resident who has registered the contract (credit agreement) must submit to the CC bank documents confirming the fulfillment of obligations under the contract (credit agreement) by a non-resident third party, as well as the document (documents) on the basis of which the specified resident is assigned partial (full) fulfillment of obligations under a contract (loan agreement) for a third person - a non-resident.

In case of receipt of funds from a non-resident to the resident's accounts with the CC bank in connection with the partial assignment of a claim by a resident of his rights under a contract (credit agreement) registered with a non-resident (hereinafter referred to as the contract of partial assignment of a claim to a non-resident) or in case of funds being written off from accounts with the CC bank in favor of a non-resident in connection with by partial transfer of debt to a non-resident under a contract (credit agreement) registered (hereinafter referred to as the contract of partial transfer of debt to a non-resident), the resident who registered the contract (credit agreement) must submit to the bank the Criminal Code:

information about the unique number of the contract (credit agreement) under which the operation is carried out;

a certificate of supporting documents - in case of fulfillment by a non-resident of obligations under the contract of partial assignment of a claim to a non-resident (partial transfer of debt to a non-resident) in a manner other than settlements, in accordance with Chapter 8 of this Instruction.

Simultaneously with the certificate of supporting documents, the resident must submit to the CC bank documents confirming the fulfillment by the non-resident of obligations under the contract of partial assignment of the claim to a non-resident (under the contract of partial transfer of debt to a non-resident), as well as the contract of partial assignment of the claim to a non-resident (partial transfer of debt to a non-resident).

In the case of settlements by a resident who has registered a contract (credit agreement) with a non-resident in accordance with the terms of the contract of partial assignment of a claim to a non-resident (partial transfer of debt to a non-resident) through the accounts of a resident who has registered a contract (credit agreement) with an authorized bank other than the bank of the Criminal Code, the authorized bank must send such to the resident, in accordance with the procedure determined by the authorized bank, the information of the authorized bank about the operation performed, indicating the unique number of the contract (loan agreement).

The information specified in the seventh paragraph of this paragraph must be sent by the authorized bank to the resident who registered the contract (credit agreement), no later than two working days after the date of submission by the resident who registered the contract (credit agreement), documents related to transactions, in accordance with Chapter 2 of this Instruction and information about the unique the number of the contract (loan agreement).

A resident who has registered a contract (credit agreement), no later than thirty working days after the date of crediting funds to his account (debiting funds from his account) with an authorized bank other than the bank of the Criminal Code, must submit to the Bank of the Criminal Code information of the authorized bank about the transaction with the indication of the unique contract number (a loan agreement) for the specified transaction, as well as a partial assignment of the claim to a non-resident (a partial transfer of debt to a non-resident).

10.8. If a resident who has registered a contract (credit agreement) transfers all his rights under such a contract (credit agreement) by ceding a claim to another non-resident, the said resident removes the contract (credit agreement) from the account with the CC bank after receiving from another non-resident in full the funds due in accordance with the terms of the contract for the assignment of a claim under a contract (credit agreement), registered, concluded by a resident with another non-resident (hereinafter referred to as the contract for the full assignment of a claim to a non-resident), and (or) after the other non-resident person has fully fulfilled his obligations under the contract for the full assignment of claims to a non-resident in a manner other than calculations.

In the cases specified in this paragraph, a resident who has registered a contract (loan agreement), upon receipt of funds from a non-resident to his accounts with the CC bank, must submit the following documents and (or) information to the CC bank:

information about the unique number of the contract (loan agreement):

  • a certificate of supporting documents reflecting in it information about the fulfillment by a non-resident of obligations under the contract of full assignment of a claim to a non-resident in a way other than calculations. The specified certificate of supporting documents is submitted by the resident who has registered the contract (loan agreement) to the CC bank in accordance with Chapter 8 of this Instruction;
  • a document confirming the fulfillment by a non-resident of obligations under the contract of full assignment of a claim to a non-resident in a manner other than settlements;
  • a contract for the full assignment of a claim to a non-resident.

If a resident who has registered a contract (credit agreement) receives from a non-resident funds owed to a resident in accordance with the terms of the contract of full assignment of the claim to a non-resident, to the resident's account in an authorized bank other than the bank of the Criminal Code, the authorized bank must send to the resident who has registered the contract (credit agreement), in accordance with the procedure, determined by the authorized bank, information of the authorized bank about the operation performed, indicating the unique number of the contract (loan agreement).

The information specified in the seventh paragraph of this paragraph must be sent by the authorized bank to the resident who registered the contract (credit agreement), no later than two working days after the date of submission by the resident who registered the contract (credit agreement), documents related to transactions, in accordance with Chapter 2 of this Instruction and information about the unique the number of the contract (loan agreement).

A resident who has registered a contract (credit agreement), no later than thirty working days after the date of crediting funds to the resident's account with an authorized bank other than the bank of the Criminal Code, must submit to the Bank of the Criminal Code information of the authorized bank about the transaction, indicating the unique number of the contract (credit agreement), as well as the contract of full assignment of a claim to a non-resident.

10.9. If the parties to the contract (loan agreement) are a non-resident and two or more residents (trilateral (multilateral) contract (loan agreement), such contract (loan agreement) it is registered in accordance with the requirements of section II of this Instruction by a resident, the choice of which is carried out by residents who are parties to the contract (loan agreement) independently.

A resident who has registered a contract (credit agreement) must transfer to the other residents who are parties to the contract (credit agreement) information about the unique number of the contract (credit agreement) assigned by the bank of the Criminal Code, no later than five working days after the date of registration of the contract (credit agreement).

Settlements under such a contract (credit agreement) carried out by residents who do not register the contract (credit agreement), as well as accounting for such transactions and (or) the fulfillment by these residents of obligations under the contract (credit agreement) in a manner other than calculations, it is carried out in an order similar to the order established by paragraphs 10.4 - 10.6 of this Instruction.

Residents who do not register a contract (credit agreement), when making settlements under such a contract (credit agreement), must submit to the authorized bank information about the unique number of the contract (credit agreement) received from the resident who registered the contract (credit agreement), within the time specified in paragraph 2.22 of this Instruction.

10.10. If, in accordance with the terms of the contract, a resident agent (commission agent) who is a party to the contract acts on his own behalf and at the expense of another resident (non-resident) principal (commitee), the resident agent (commission agent) must register the contract in accordance with the requirements of section II of this Instruction.

If, in accordance with the terms of the contract, a resident agent (attorney) who is a party to the contract acts on behalf and at the expense of another resident principal (principal), then the resident principal (principal) must register the contract in accordance with the requirements of section II of this Instruction. Settlements under such a contract carried out by a resident agent (attorney), as well as accounting for the fulfillment by a resident agent (attorney) of obligations under the contract in a way other than settlements, are carried out in an order similar to the procedure established by paragraphs 10.4 - 10.6 of this Instruction.

10.11. When a resident writes off a foreign currency or the currency of the Russian Federation from his account opened with the Bank of the Criminal Code in a foreign currency or the currency of the Russian Federation using a bank card under a contract under which the requirement for his registration is established in accordance with Section II of this Instruction, the resident must submit to the bank of the Criminal Code documents, related to the conduct of operations, and information about the unique number of the contract under which the corresponding calculations were carried out. The documents specified in this paragraph must be submitted by the resident to the Bank of the Criminal Code no later than fifteen working days after the last day of the month in which the relevant settlements were made using a bank card.

If a resident performs the first transaction related to settlements under a contract under which a requirement for its registration is established in accordance with section II of this Instruction, in favor of a non-resident using a bank card (before the resident fulfills obligations under the contract in a way other than settlements), the resident must register the contract with the bank CC no later than the terms specified in sub-paragraphs 5.7.1 and 5.7.3 of paragraph 5.7 of this Instruction.

10.12. If a non-resident fulfills his obligations under a contract (loan agreement), under which a requirement is established for his registration in accordance with section II of this Instruction, by transferring securities, including promissory notes, to pay for goods, works, services, transfer of information and results of intellectual activity as repayment of a loan provided by a resident, and interest payments, a resident has the right to cancel a contract (loan agreement) with the Bank of the Criminal Code only upon receipt of funds from a non-resident as payment for such securities, including promissory notes, or their transfer by endorsement and (or) in connection with the assignment of a claim (assignment) by making nominal transfer inscriptions on securities. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

In the case specified in the first paragraph of this paragraph, the resident, simultaneously with the application for the withdrawal of the contract (loan agreement) from the register in accordance with Chapter 6 of this Instruction, must submit to the Bank of the Criminal Code: - paragraph as amended by the Bank of Russia Instruction No. 4855-U dated 05.07.2018

information about the unique number of the contract (loan agreement) - if funds are credited as payment for securities, including promissory notes, to the resident's account opened in the CC bank;

information of the authorized bank on the transaction performed, indicating the unique number of the contract (credit agreement) - if funds are credited as payment for securities, including promissory notes, to the resident's account opened in an authorized bank other than the CC bank.

In case of transfer of securities, including promissory notes, by endorsement and (or) in connection with the assignment of the claim (assignment) by making nominal transfer inscriptions on them, the resident must submit to the Bank of the Criminal Code documents confirming the transfer of securities, including promissory notes, by endorsement and (or) in connection with the assignment of the claim (assignment) by making nominal transfer inscriptions on them.

The Bank of the Criminal Code, in accordance with the procedure established by Annexes 4 and 5 to this Instruction, must reflect information on the fact of payment of these securities, including bills of exchange, or their transfer by endorsement and (or) in connection with the assignment of a claim (assignment) by making nominal transfer inscriptions on them in the bank control statement under the contract (credit agreement). - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

10.13. When a resident makes settlements under a contract (credit agreement), in respect of which a requirement for its registration is established in accordance with section II of this Instruction, through a resident's account opened with a non-resident bank, the resident must submit to the Bank of the Criminal Code information about the unique number of the contract (credit agreement) and extracts (copies statements) on the specified transactions on the account in a non-resident bank no later than thirty working days after the last day of the month in which such settlements were made.

10.14. If a resident who has registered a contract with the Bank of the Criminal Code has been assigned to a resident financial agent (factor) specified in Part 5 of Article 19 of the Federal Law "On Currency Regulation and Currency Control", a monetary claim of foreign currency or the currency of the Russian Federation owed to the resident under the relevant contract as payment for the transferred to a non-resident, goods, works performed for him, services rendered to him, information and results of intellectual activity transferred to him, including exclusive rights to them, a resident who has registered a contract must submit to the CC bank information about the unique number of the contract under which settlements are made, as well as a financing agreement for the assignment of a monetary claim (factoring) and (or) an agreement on the subsequent assignment of a monetary claim in the following terms:

upon receipt of a foreign currency to your account opened in the bank of the Criminal Code from a financial agent (factor) - resident - no later than fifteen working days after the date of crediting foreign currency to the account of the resident who registered the contract;

upon receipt to your current account in the currency of the Russian Federation opened in the bank of the Criminal Code from a financial agent (factor) - resident of the currency of the Russian Federation - no later than fifteen working days after the date of crediting the currency of the Russian Federation indicated in the statement on the current account of the resident who registered the contract, or in another document transmitted by the bank CC to a resident who has registered a contract that contains information about crediting to his current account the currency of the Russian Federation received from a resident financial agent (factor).

If funds are credited from a resident financial agent (factor) to the account of a resident who has registered a contract opened with an authorized bank other than the CC bank, the resident who has registered the contract must submit to an authorized bank other than the CC bank the documents and information specified in the first paragraph of this paragraph, within the time limits set out in paragraphs two and three of this paragraph. In this case, an authorized bank other than the bank of the Criminal Code, no later than two working days after the date of submission by the resident who registered the contract, the documents and information specified in this paragraph, when crediting the specified funds to his account opened in an authorized bank other than the bank of the Criminal Code, must transfer to the specified resident in the order, as determined by the authorized bank, information of the authorized bank about the operation performed, indicating the unique number of the contract (loan agreement).

The resident who registered the contract must submit to the CC bank information of the authorized bank on the transaction, indicating the unique number of the contract (credit agreement) no later than thirty working days after the date of crediting funds from the resident financial agent (factor) to the account of the resident who registered the contract opened in an authorized bank other than from the UK bank.

If the CC bank is at the same time a financial agent (factor), the CC bank independently enters information about the crediting of foreign currency or the currency of the Russian Federation to the account of the resident who registered the contract, under the financing agreement for the assignment of a monetary claim (factoring) and (or) the agreement on the subsequent assignment of a monetary claim, in section II statements of bank control without submission by the resident who registered the contract, the documents and information specified in the first paragraph of this paragraph.

When crediting funds from a non-resident to a resident financial agent (factor), which is not a bank of the Criminal Code, for the non-resident to fulfill the obligations stipulated in the contract, the resident financial agent (factor), to whom the monetary claim has been assigned (including as a result of subsequent assignment), must submit to the authorized bank, to the account in which the specified funds, documents and information listed in the first paragraph of this paragraph have been credited.

The documents and information specified in paragraph seven of this paragraph are submitted by the resident financial agent (factor) to the authorized bank within fifteen working days after the date of crediting funds to the account of the resident financial agent (factor) at the authorized bank. In this case, the authorized bank, no later than two working days after the date of submission of the documents and information specified in paragraph seven of this paragraph, must transmit to the resident financial agent (factor), in accordance with the procedure determined by the authorized bank, the information of the authorized bank about the transaction, indicating the unique number of the contract (loan agreement).

A resident who has registered a contract, no later than thirty working days after the date of crediting funds from a non-resident to a financial agent (factor) - a resident who is not a bank of the Criminal Code, on account of the non-resident's fulfillment of obligations under the contract, must submit to the bank of the Criminal Code:

information of the authorized bank on the operation performed, indicating the unique number of the contract (credit agreement) for the specified operation, received from the resident financial agent (factor) in the manner determined by the specified residents;

a financing agreement for the assignment of a monetary claim (factoring) and (or) a contract for the subsequent assignment of a monetary claim.

The transaction included in the information of the authorized bank on the transaction with the indication of the unique number of the contract (loan agreement) must be reflected by the Bank of the Criminal Code in section II of the statement of banking control with the assignment of the type of operation code for the relevant contract, based on the type of contract under which the non-resident's payments are made (for goods transferred to a non-resident, work performed for him services rendered to him, information and results of intellectual activity transferred to him, including exclusive rights to them).

When a resident financial agent (factor), which is a CC bank, receives funds from a non-resident to fulfill the obligations stipulated by the contract by a non-resident, the financial agent (factor), the CC bank, independently reflects information about the specified operation in section II of the bank control statement with the assignment of the transaction type code, based on the type of contract under which settlements are made by a non-resident (for goods transferred to a non-resident, works performed for him, services rendered to him, information and results of intellectual activity transferred to him, including exclusive rights to them).

A resident who has registered a contract shall de-register it with the CC bank only if the documents and information provided for in this paragraph are submitted to the CC bank confirming receipt by a resident financial agent (factor) from a non-resident of funds due under such a contract, and the CC bank reflects information about such an operation in the bank control statement.

10.15. In the cases specified in paragraphs 10.4, 10.7, 10.8, 10.9 and 10.14 of this Instruction, settlements under a contract (credit agreement) accepted for registration are carried out by a third person - a resident (another person - a resident, a resident who does not register a contract (credit agreement), a financial agent (factor) - by a resident) only when he submits to the authorized bank in which the specified calculations are carried out information about the unique number of the contract (loan agreement) or a copy of section I of the statement of banking control within the time limits established by paragraph 2.22 of this Instruction.

The authorized bank must reflect information about transactions carried out by a resident third party (another resident person, a resident who does not register a contract (loan agreement), a resident financial agent (factor)) in the transaction data indicating the type of transaction code under the relevant contract (loan agreement), based on the type of contract under which the calculations are carried out, and the unique number of the contract (loan agreement).

Operations on debiting foreign currency or the currency of the Russian Federation from the account of a resident (third party, other person, resident who does not register a contract (credit agreement), financial agent (factor) in the cases specified in this chapter are not carried out if the specified resident does not provide information about the unique number of the contract (credit agreement contract).

10.16. In the cases established by this chapter, a resident who has registered a contract (credit agreement), simultaneously with the submission of information by an authorized bank about the transaction, indicating the unique number of the contract (credit agreement) received from a resident (third party, other person, resident who does not register the contract (credit agreement), the financial agent (factor) must submit to the CC bank, in accordance with the procedure established by the CC Bank in agreement with the resident, information on the expected dates of repatriation of foreign currency and (or) the currency of the Russian Federation in accordance with Annex 3 to this Instruction.

Chapter 11. Accounting of transactions under contracts (credit agreements) registered with an authorized bank, in case of revocation of the license for banking operations from an authorized bank

11.1. In case of revocation of the license for banking operations (hereinafter - banking

Licenses are provided by the Center for Licensing, Certification and Protection of State Secrets of the FSB of Russia (TSLSZ FSB of Russia)

" >license) at the CC bank, a resident who has registered a contract (loan agreement), no later than thirty working days after the date of revocation of the banking license, with the exception of the case specified in paragraph 11.2 of this Instruction, must submit to another authorized bank:

information about the unique number of the contract (loan agreement) and the date of registration of the contract (loan agreement); - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

a contract (loan agreement) or an extract from such a contract (loan agreement) containing information necessary for a new CC bank to accept a contract (loan agreement) for servicing and to exercise currency control over the resident's compliance with the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control".

11.2. If, in the period between the date of revocation of the banking license and the date of acceptance for servicing of the contract (loan agreement) in the new CC bank, funds are credited (debited) to the account (from the account) of the resident in another authorized bank, the resident must apply for acceptance for servicing of the contract (loan agreement) to this authorized bank no later than the terms specified in sub-paragraphs 5.7.1 and 5.7.2 of paragraph 5.7 of this Instruction.

11.3. If, in the period between the date of revocation of the banking license and the date of acceptance of the contract (loan agreement) for servicing in the new CC bank, the deadline for submitting a certificate of supporting documents and (or) documents and information specified in Chapter 10 of this Instruction comes, the resident must submit to the new CC bank a certificate of supporting documents and the supporting documents specified in Chapter 8 of this Instruction, and (or) the documents and information specified in Chapter 10 of this Instruction, no later than fifteen working days after the date of acceptance for service by the new bank of the CC contract (loan agreement).

11.4. The new Bank of the Criminal Code, no later than the next working day after the day of submission by the resident of information about the unique number of the contract (loan agreement) and the date of registration of the contract (loan agreement), must request the Bank of Russia in electronic form in accordance with the rules for the compilation and submission of the information specified in this paragraph in electronic form, posted on the official website of the Bank of Russia. on the website of the Bank of Russia in the information and telecommunications network "Internet", a statement of banking control corresponding to the unique number of the contract (loan agreement) submitted by the resident to the new bank of the Criminal Code. - item in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

11.5. Upon receipt by the new Bank of the Criminal Code from the Bank of Russia of the statement of banking control under the contract (loan agreement), the new bank of the Criminal Code, in accordance with the procedure established by Chapter 9 of this Instruction, with the use of software and hardware, accepts the specified statement of banking control, no later than two working days after the date of its receipt from the Bank of Russia, enters the information provided by the appendices 4 and 5 to this Instruction, in paragraph 4 of section I of the statement of banking control, retains the unique number assigned to the contract (credit agreement) by the bank of the Criminal Code, from which the banking license has been revoked. Further maintenance of the accepted statement of banking control is carried out by the new bank of the Criminal Code in electronic form in accordance with the procedure established by Chapter 9 of this Instruction.

11.6. The contract (loan agreement) is considered accepted for servicing by the new bank of the Criminal Code from the date specified in paragraph 4 of section I of the statement of banking control, about which the new bank of the Criminal Code must inform the resident in accordance with the procedure established by it.

11.7. If the new bank receives the CC from the Bank of Russia in electronic form in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form posted on the official website of the Bank of Russia in the information and telecommunications network "Internet", the new Bank of the CC must refuse information about the absence of the Bank of Russia of the relevant statement of banking control to the resident in accepting such a contract (loan agreement) for servicing and inform the resident about it. The actions specified in this paragraph must be carried out by the new bank of the Criminal Code no later than the next business day after the day the new bank of the Criminal Code receives information from the Bank of Russia that the Bank of Russia does not have a corresponding statement of banking control in accordance with the procedure established by the new bank of the Criminal Code.

In this case, the resident has the right to apply to the Bank of Russia in any form with mandatory indication of the unique number of the contract (loan agreement), the number and date (if any) of the contract (loan agreement) and the TIN of the resident.

Chapter 12. Accounting of transactions under contracts (credit agreements) registered with an authorized bank, in case of their transfer to another authorized bank for servicing

12.1. In case of deregistration of a contract (loan agreement) by a resident in the CC bank (hereinafter referred to as the previous CC bank) on the grounds specified in subparagraph 6.1.1 of paragraph 6.1 of this Instruction, such contract (loan agreement) must be transferred for servicing by a resident to a new CC bank in accordance with the procedure established by this chapter (hereinafter referred to as transfer of the contract (loan agreement) to the new CC bank), no later than thirty working days after the date of de-registration of the contract (loan agreement) in the previous CC bank, except for the case specified in paragraph 12.2 of this Instruction.

To transfer a contract (loan agreement) to a new CC bank, the resident must submit the CC to the new bank:

information about the unique number of the contract (credit agreement), the date of registration of the contract (credit agreement), the date of de-registration of the contract (credit agreement) in the previous bank of the Criminal Code and the registration number of the previous bank of the Criminal Code, determined in accordance with subparagraph 1.1.2 of paragraph 1 of the notes to the statement of banking control under the contract of Annex 4 and subparagraph 1.1.2 paragraph 1 of the notes to the statement of bank control under the loan agreement of Annex 5 to this Instruction; - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

a contract (loan agreement) or an extract from such a contract (loan agreement) containing the information necessary for an authorized bank to accept for servicing the contract (loan agreement) specified in Appendices 4 and 5 to this Instruction, and to exercise currency control over the resident's compliance with the requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control".

12.2. If, in the period between the date of de-registration of the contract (loan agreement) in the previous CC bank and the date of its acceptance for servicing by the new CC bank, funds are credited (debited) to the account (from the account) of the resident in an authorized bank, the resident must apply for acceptance to service the contract (loan agreement) to this authorized bank no later than the terms specified in sub-paragraphs 5.7.1 and 5.7.2 of paragraph 5.7 of this Instruction.

12.3. If, in the period between the date of de-registration of the contract (loan agreement) in the previous CC bank and the date of its acceptance for servicing by the new CC bank, the deadline for submitting a certificate of supporting documents and (or) documents and information specified in Chapter 10 of this Instruction comes, the resident must submit a certificate to the new CC bank on supporting documents, supporting documents specified in Chapter 8 of this Instruction, and (or) documents and information specified in Chapter 10 of this Instruction, no later than fifteen working days after the date of acceptance for servicing by the new bank of the CC contract (loan agreement).

12.4. If, in the period between the date of de-registration of the contract (loan agreement) in the previous CC bank and the date of its acceptance for servicing by the new CC bank under the contract (loan agreement), funds are credited to the resident's account in the previous CC bank, the resident must submit to the previous CC bank documents related to transactions, and information about the unique number of the contract (loan agreement), necessary for the purposes of reflecting information about the specified transaction by the previous CC bank in the transaction data, in accordance with the procedure established by Chapter 2 of this Instruction. In this case, the previous CC bank, no later than two working days after the date of submission of the documents and information listed in this paragraph, must transfer to the specified resident, in accordance with the procedure determined by the previous CC bank, the information of the authorized bank about the transaction, indicating the unique number of the contract (credit agreement) for such an operation.

The resident must submit to the new CC bank the information specified in the first paragraph of this paragraph of the authorized bank about the transaction, indicating the unique number of the contract (credit agreement) for the specified transaction no later than fifteen working days after the date of acceptance for servicing by the new CC bank of the contract (credit agreement) for reflection by the new CC bank of such transaction in section II of the statement banking control in accordance with the procedure established by Chapter 9 of this Instruction.

12.5. The new CC Bank no later than the next business day after the day of submission by the resident of information about the unique number of the contract (credit agreement), the date of registration of the contract (credit agreement), the date of de-registration of the contract (credit agreement) in the previous CC bank and the registration number of the previous CC bank, determined in accordance with subparagraph 1.1.2 paragraph 1 of the notes to the statement of bank control under the contract of Annex 4 and subparagraph 1.1.2 of paragraph 1 of the notes to the statement of bank control under the loan agreement of Annex 5 to this Instruction, must request from the Bank of Russia in electronic form in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form posted on the official website of the Bank of Russia in the information and telecommunication network "Internet", a statement of bank control corresponding to the unique number of the contract (loan agreement) submitted by the resident to the new bank of the Criminal Code. - item in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

12.6. Upon receipt by the new Bank of the Criminal Code from the Bank of Russia of the statement of banking control under the contract (loan agreement), the new bank of the Criminal Code, in accordance with the procedure established by Chapter 9 of this Instruction, with the use of software and hardware, accepts the specified statement of banking control, no later than two working days after the date of its receipt from the Bank of Russia, enters the information provided by the appendices 4 and 5 to this Instruction in paragraph 4 of Section I of the bank control statement, retains the unique number assigned to the contract (credit agreement) by the previous bank of the Criminal Code. Further maintenance of the accepted statement of banking control is carried out by the new bank of the Criminal Code in electronic form in accordance with the procedure established by Chapter 9 of this Instruction.

12.7. The contract (loan agreement) is considered accepted for servicing by the new bank of the Criminal Code from the date specified in paragraph 4 of section I of the statement of banking control, about which the new bank of the Criminal Code must inform the resident in accordance with the procedure established by it.

12.8. If the new bank receives the CC from the Bank of Russia in electronic form in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form posted on the official website of the Bank of Russia in the information and telecommunications network "Internet", the new Bank of the CC must refuse information about the absence of the Bank of Russia of the relevant statement of banking control to the resident in accepting such a contract (loan agreement) for servicing and inform the resident about it. The actions specified in this paragraph must be carried out by the new bank of the Criminal Code no later than the next business day after the day the new bank of the Criminal Code receives information from the Bank of Russia that the Bank of Russia does not have a corresponding statement of banking control in accordance with the procedure established by the new bank of the Criminal Code.

In the case specified in this paragraph, a resident has the right to apply to the Bank of Russia in any form with mandatory indication of the unique number of the contract (loan agreement), the number and date (if any) of the contract (loan agreement) and the TIN of the resident.

Chapter 13. Accounting of transactions under contracts (credit agreements) registered with the Bank of the Criminal Code, in case of reorganization of the Bank of the Criminal Code or closure of a branch of the Bank of the Criminal Code

13.1. This chapter applies to cases of transfer of the contract (loan agreement) from the reorganized bank of the Criminal Code to the newly created as a result of the reorganization of the Bank of the Criminal Code or to the connecting authorized bank (hereinafter referred to as the successor bank), as well as to cases of transfer of the contract (loan agreement) from the closed branch of the bank of the Criminal Code (including in in the event of a change in its status) to be registered with another subdivision of the authorized bank (head office or other branch) (hereinafter referred to as the successor bank), as a result of which the information about the authorized bank (branch of the authorized bank) specified in section I of the bank control statement is changed.

13.2. The reorganized bank of the Criminal Code or the closed branch of the bank of the Criminal Code, which is the bank of the Criminal Code, must transfer to the successor bank in accordance with the procedure and terms agreed with it, but no later than ten working days after the date of entry into the Book of state registration of credit institutions of information on the state registration of the successor bank or on the closure of the branch of the authorized bank, which is the bank CC (hereinafter referred to as the date of entering information into the KGRKO):

the unclosed statements of bank control held by the Bank of the Criminal Code on the contracts (credit agreements) taken into account in accordance with the rules for compiling and submitting the information specified in this paragraph in electronic form, posted on the official website of the Bank of Russia on the Internet information and telecommunications network;

the currency control dossier for all contracts (credit agreements) registered by the bank of the Criminal Code, subject to storage on the date of entering information into the KGRKO (including for contracts (credit agreements) removed from the register on the date of entering information into the KGRKO, the storage period of which has not expired).

13.3. No later than ten working days after the date of transfer of documents in accordance with paragraph 13.2 of this Instruction, the successor bank shall enter information in paragraph 4 of section I of the bank control statements transferred to it in accordance with the procedure established in Annexes 4 and 5 to this Instruction. All other data specified in the bank control statement, including the unique number of the contract (loan agreement), are not changed.

The contract (loan agreement) is considered to be accepted for servicing by the successor bank from the date of entry of the relevant information in paragraph 4 of section I of the bank control statement.

13.4. No later than two working days after the date of entering the relevant information in paragraph 4 of Section I of the statement of banking control, the successor bank, in accordance with the procedure established by it, must inform the resident that he is his bank of the Criminal Code.

13.5. In case of reorganization of the Bank of the Criminal Code in the form of transformation, amendments to paragraph 4 of Section I of the statements of bank control, which are maintained under service contracts (credit agreements), are carried out in accordance with paragraph 7.10 of this Instruction.

Chapter 14. Accounting by the Bank of the Criminal Code of transactions carried out using the letter of credit form of settlements under contracts registered with an authorized bank

14.1. When debiting a foreign currency or the currency of the Russian Federation from a resident's account in the UK bank, which opens a letter of credit in favor of a non-resident, for settlements using a letter of credit (hereinafter referred to as a letter of credit), the UK bank must independently generate, in accordance with Chapter 3 of this Instruction, data on transactions with the transaction type code 80120 specified in the appendix 1 to this Instruction. In this case, the resident must not submit to the CC bank documents related to the conduct of operations, the settlement document for the operation and information about the unique contract number, the requirements for the submission of which are set out in Chapter 2 of this Instruction.

14.2. After the transfer to the resident of the documents confirming the transfer of funds in favor of a non-resident during the execution of the letter of credit, the resident, no later than fifteen working days after the last day of the month in which the payment under the letter of credit was executed, must submit to the bank of the Criminal Code, except for the case established by paragraph two of this paragraph, the specified documents, as well as information about the unique number of the contract under which transactions are carried out. The Bank of the Criminal Code must reflect in section II of the statement of banking control information on the execution of the letter of credit with the code of the type of operation, based on the type of contract under which the letter of credit is executed.

If the CC bank has all the information and documents on the execution of the letter of credit to reflect the information on the execution of the letter of credit in section II of the statement of bank control, the CC bank independently enters information on the execution of the letter of credit in section II of the statement of bank control, based on the documents and information available to it in connection with the operations of the resident.

14.3. When debiting the currency of the Russian Federation under a letter of credit from a non-resident's account opened with an authorized bank that opens a letter of credit in favor of a resident, the authorized bank, in accordance with Chapter 3 of this Instruction, must generate data on transactions with the operation type code 80020 specified in Appendix 1 to this Instruction, without the non-resident submitting a settlement document for the operation specified in Chapter 2 of this Instruction.

14.4. When crediting foreign currency or the currency of the Russian Federation in the execution of a letter of credit opened by a non-resident in favor of a resident to a resident's account opened with the CC bank, the resident must submit to the CC bank documents related to transactions, as well as information about the unique number of the contract under which transactions are carried out, no later than fifteen working days after the date of crediting a foreign currency or the currency of the Russian Federation to the resident's account.

Information on the transactions specified in this paragraph must be reflected by the Bank of the Criminal Code in the data on transactions in accordance with Chapter 3 of this Instruction and in the statement of banking control in accordance with Chapter 9 of this Instruction.

14.5. When crediting foreign currency or the currency of the Russian Federation to a resident's account opened with the CC bank from an authorized bank, which is the bank that opened the letter of credit to a non-resident, or the executing bank under such a letter of credit, when executing the letter of credit in favor of the resident, if as a result of such crediting of funds, the non-resident's obligations under the contract are fully fulfilled, the resident removes him from the register on the basis specified in subparagraph 6.1.2 of paragraph 6.1 of this Instruction in accordance with the procedure established by Chapter 6 of this Instruction.

14.6. If settlements under a letter of credit or when executing a letter of credit opened by a resident in favor of a non-resident are carried out through a resident's account opened with an authorized bank other than the CC bank, the resident must submit information about the unique contract number to such an authorized bank. The said authorized bank, no later than two working days after the date of the relevant settlements under the letter of credit or the execution of the letter of credit, must send to the resident, in accordance with the procedure determined by the authorized bank, the information of the authorized bank about the transaction, indicating the unique contract number for the transaction. The resident, no later than fifteen working days after the last day of the month in which the settlements were made or the payment under the letter of credit was executed, must submit to the CC bank the information of the authorized bank on the transaction with the indication of the unique contract number for the specified operation for the CC Bank to reflect the execution of the letter of credit in section II of the statement of banking control. - item in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

Section III

Interaction of residents (non-residents) with authorized banks when submitting documents and information. Implementation by authorized banks of verification of documents and information submitted by residents (non-residents). Currency Control Dossier

Chapter 15. Interaction of residents (non-residents) with authorized banks when submitting documents and information

15.1. The method of interaction of residents (non-residents) with authorized banks when submitting documents and information, the requirement for the submission of which is established by this Instruction, is determined by agreement of the authorized bank with the resident, with the non-resident.

15.2. The documents required to be submitted by this Instruction are submitted by the resident to the authorized bank in the original or in the form of a duly certified copy.

The procedure for registration (certification) of copies of documents is determined by agreement of the authorized bank with the resident.

15.3. Documents and information related to the conduct of transactions, as well as other documents and information required by this Instruction, are submitted by the resident (non-resident) to the authorized bank in electronic form and (or) on paper in accordance with the procedure agreed by the authorized bank with the resident (non-resident).

15.4. The documents specified in this Instruction are signed by the responsible person and certified on paper by the seal (stamp) of the authorized bank used for the purposes of currency control (hereinafter - the seal of the authorized bank).

The responsible person and the seal of the authorized bank are approved by the administrative act of the authorized bank.

15.5. When exchanging documents and information on paper, documents drawn up in accordance with this Instruction by a resident individual who is an individual entrepreneur, or an individual engaged in private practice in accordance with the procedure established by the legislation of the Russian Federation, are signed by this individual or his representative and certified by the seal of such a resident individual (if available), a sample of which is affixed to a card with samples of signatures and a seal impression specified in the Instruction of the Bank of Russia dated May 30, 2014 No. 153-I "On Opening and Closing Bank accounts, Deposit accounts, deposit accounts", registered by the Ministry of Justice of the Russian Federation on 06/19/2014 No. 32813, February 14 2017 No. 45638 (hereinafter referred to as a card with samples of signatures and a seal impression).

15.6. When exchanging documents and information on paper, the documents drawn up in accordance with this Instruction by a resident legal entity are signed by the person(s) entitled to the signature stated in the card with samples of signatures and seal impression, and certified by the seal of the legal entity (if any), a sample of which it is affixed in a card with samples of signatures and an impression of the seal of this legal entity.

Documents drawn up in accordance with this Instruction by a resident legal entity may be signed by an employee of a resident legal entity, if he is granted the right to sign these documents on the basis of an administrative act, a power of attorney issued in accordance with the procedure established by the legislation of the Russian Federation.

15.7. The documents sent by the resident to the authorized bank in electronic form are signed with the electronic signature of the resident.

15.8. The date of submission by the resident to the authorized bank of the documents and information specified in this Instruction is the date of their receipt by the authorized bank, recorded in accordance with the procedure of the authorized bank on registration (acceptance) of incoming (incoming) documents, including documents in electronic form.

15.9. Documents that are sent by an authorized bank to a resident in accordance with this Instruction must have:

on paper, on each page - the signature of the responsible person and the seal of the authorized bank;

in electronic form - an electronic signature of the responsible person or an electronic signature of an authorized bank. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

15.10. In the case of an exchange between an authorized bank and a resident in electronic form of documents and information, the requirement for the submission of which is provided for in this Instruction, the procedure for such exchange, the establishment of a procedure for recognizing an analogue of a handwritten signature, including the electronic signature of the sender (electronic signature), the definition of transmission methods and reception (transmission) regulations, the control of integrity and completeness responsibility for the accuracy of the information, as well as the authenticity of the electronic signature, sending an electronic message of acceptance (non-acceptance) with information about the sender and recipient of the electronic message, the date of its dispatch and the date of its acceptance (non-acceptance), the reasons for refusal to accept are determined by the authorized bank in agreement with the resident.

15.11. When exchanging documents and information in electronic form, both documents generated in electronic form and images of documents obtained using scanning devices, originally issued on paper, can be transmitted.

15.12. When exchanging documents and information in electronic form between an authorized bank and a resident, the procedure and methods of protection during transfer from unauthorized access by third parties must be provided.

15.13. The requirements of this Chapter apply to the submission of documents and (or) information by resident individuals to authorized banks in the cases specified in paragraph 2.26 of this Instruction. - the item is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

Chapter 16. Verification of submitted documents and information by authorized banks

16.1. When a resident, a resident individual, or a non-resident submits documents and information to the authorized bank, the requirement for the submission of which is established by this Instruction, the authorized bank must carry out the following verification, except for the case specified in paragraph 16.6 of this Instruction. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

16.1.1. Availability of information about the type of operation code, including in the settlement document for the operation of a resident (non-resident), availability of information about the unique number of the contract (loan agreement), availability of information about the expected dates of repatriation of foreign currency and (or) the currency of the Russian Federation in documents and information submitted by a resident, a resident individual to the authorized bank in the cases established by this Instruction, verification of the expected terms of repatriation of foreign currency and (or) the currency of the Russian Federation in terms of their failure to exceed the date of completion of obligations under the contract specified in column 6 of paragraph 3 of section I of the statement of banking control under the contract (column 6 of subparagraph 3.1 of paragraph 3 of section I of the statement of banking control under the contract loan agreement). - sub-item in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

16.1.2. Compliance of the transaction type code submitted by the resident to the authorized bank or specified in the settlement document for the operation with the information contained in the information provided by the resident and documents related to the conduct of operations.

16.1.3. Compliance of the information (including the type code of the supporting document) specified by the resident in the certificate of supporting documents with the information contained in the supporting documents submitted by the resident, with the exception of information on the expected dates of repatriation of foreign currency and (or) the currency of the Russian Federation.

16.1.4. Sufficiency of documents and information, including those submitted by a resident for registration (acceptance for service) of a contract (loan agreement), in accordance with the requirements of section II of this Instruction, as well as the availability in the contract (loan agreement) of information necessary for the authorized bank to exercise currency control, including the implementation of requirements of Article 19 of the Federal Law "On Currency Regulation and Currency Control. - sub-item in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

16.1.5. Compliance with the procedure established by this Instruction for filling in, submission by a resident, a resident individual of relevant documents and information, the requirement for the submission of which is established by this Instruction. - sub-item in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

16.2. The verification is carried out by the authorized bank in the following terms.

16.2.1. When funds are debited from the account or credited to the account - no later than a working day after the date of submission of the relevant documents and information, the requirement for the submission of which is established by this Instruction.

16.2.2. When a resident submits a certificate of supporting documents - no later than three working days after the date of its submission to the authorized bank, and in respect of the certificate of supporting documents specified in paragraph 8.8 of this Instruction - no later than ten working days after the date of its submission to the authorized bank.

16.2.3. In cases not specified in sub-paragraphs 16.2.1 and 16.2.2 of this paragraph - in other terms established by this Instruction.

16.3. In case of a positive result of the verification specified in paragraph 16.1 of this Instruction, the authorized bank must accept the documents and information submitted by the resident, a resident individual, within the time limits set for verification. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The certificate of supporting documents accepted by the authorized bank must be sent to the resident within the time agreed with the resident, indicating in it the date of its acceptance by the authorized bank.

16.4. The documents and information required to be presented by this Instruction, accepted by the authorized bank based on the results of the audit, must be placed by the authorized bank in the currency control dossier in accordance with Chapter 17 of this Instruction.

16.5. In case of a negative result of the verification specified in paragraph 16.1 of this Instruction, the authorized bank must return the documents and information submitted by the resident, the resident individual, indicating the date and reason for refusal to accept them, no later than the time limits set for verification. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

If the authorized bank refuses to accept the documents and information submitted by the resident, the resident individual, the resident individual must eliminate the comments of the authorized bank. - paragraph in the wording of the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

The authorized bank, if it has information that allows it to independently reflect the transaction carried out by a non-resident in the transaction data in accordance with Appendix 2 to this Instruction, has the right not to refuse to accept the settlement document for the operation and not to return the settlement document for the operation to the non-resident in the absence of the transaction type code or the non-resident indicates the transaction type code, which is not included in Appendix 1 to this Instruction or does not correspond to the purpose (including the direction) of the payment and the information available to the authorized bank. - the paragraph is included additionally, see the instruction of the Bank of Russia No. 4855-U dated 05.07.2018

16.6. In case of filling out a certificate of supporting documents, a settlement document for an operation by an authorized bank independently in accordance with paragraphs 2.19, 8.4 and 8.7 of this Instruction, the authorized bank must check the availability of a complete set of documents required for filling them out.

If the result of the check is positive, the authorized bank must fill out a certificate of supporting documents, a settlement document for the operation and send them to the resident within the time agreed with the resident.

If a resident submits an incomplete set of documents required for filling out a certificate of supporting documents, a settlement document for an operation by an authorized bank, the authorized bank refuses to fill them in to the resident and returns the documents submitted by the resident indicating the date and reason for refusal to accept them within the time agreed with the resident.

16.7. The requirements of this Instruction on the submission by a resident, a resident individual to an authorized bank of documents and information within the time limits established by this Instruction will be fulfilled by a resident if they are submitted by a resident to an authorized bank within the time limits established by this Instruction and accepted by an authorized bank within the time limits established by paragraph 16.2 of this Instruction. - paragraph in the wording of the Bank of Russia Instruction No. 4855-U dated 05.07.2018

Chapter 17. Currency Control Dossier

17.1. The authorized bank, in accordance with the procedure established by internal documents, must ensure the maintenance and storage of currency control documents (hereinafter referred to as the currency control dossier). The following documents (copies of documents) and information are placed in the currency control dossier.

17.1.1. Documents related to operations.

17.1.2. Contracts (credit agreements), statements of bank control.

17.1.3. Applications for amendments to the registered contract (loan agreement), for the de-registration of the contract (loan agreement).

17.1.4. Supporting documents, certificates of supporting documents.

17.1.5. Other documents and information submitted in accordance with this Instruction.

17.2. The maintenance of the currency control dossier is determined by the authorized bank independently in internal documents.

The authorized bank, which is the bank of the Criminal Code, must place in the currency control dossier certificates of supporting documents, the registered contract (credit agreement), including amendments to the registered contract (credit agreement), and ensure the storage of such documents in electronic form.

17.3. When placing documents in the currency control dossier in electronic form, the authorized bank must ensure their subsequent reproduction on paper, if necessary, while preserving the integrity of all data in the form in which they were submitted to the authorized bank.

17.4. If it is necessary for the resident to receive copies of documents placed in the currency control dossier, the resident has the right to apply to the authorized bank in accordance with the procedure established by the authorized bank. The authorized bank must issue copies of such documents from the currency control dossier no later than two working days after the date of receipt of the said resident's request.

In the case of issuing a hard copy of the bank control statement to a resident, the responsible person must sign and seal each page of the bank control statement with the seal of the authorized bank. The authorized bank has the right to number, reset the bank control statement on paper, affix the signature of the responsible person and certify with the seal of the authorized bank on the last page of the bank control statement. In case the bank control statement is sent to the resident in electronic form, the authorized bank must sign an electronic document containing the bank control statement with the electronic signature of the responsible person.

Section IV

Transitional and final provisions

Chapter 18. Transitional provisions

18.1. Passports of transactions under the contract (loan agreement), which as of the date of entry into force of this Instruction are not closed and are in the currency control dossier, the maintenance of which is provided for in Chapter 19 of the Instruction of the Bank of Russia dated 4.06.2012 No. 138-I "On the procedure for submission by residents and non-residents to authorized banks of documents and information related to the conduct of currency transactions, the procedure for registration of transaction passports, as well as the procedure for accounting by authorized banks of currency transactions and control over their conduct", registered by the Ministry of Justice of the Russian Federation on 3.08.2012 No. 25103, 15.08.2013 No. 29394, 12.12.2014 No. 35153, 1.07.2015 No. 37876, 24.12.2015 No. 40219, 15.06.2017 No. 47043 (hereinafter - the Instruction Bank of Russia No. 138-I), are recognized as closed without the authorized bank marking their closure and are stored in the currency control dossier in accordance with the requirements of this Instruction.

The number of such a transaction passport under the contract (credit agreement) is considered to be the unique number of the contract (credit agreement) registered by the authorized bank. Further servicing of such a contract (loan agreement) in an authorized bank is carried out in accordance with the requirements of this Instruction.

If a resident applies to an authorized bank in order to obtain a transaction passport stored in the currency control dossier, the authorized bank must issue him suchtransaction passportin accordance with the procedure determined by the authorized bank in agreement with the resident.

18.2. As of the date of entry into force of this Instruction, the authorized bank must bring the bank control sheet according to the transaction passport specified in paragraph 18.1 of this Instruction in accordance with the requirements of this Instruction and continue its maintenance in accordance with the procedure established by this Instruction.

18.3. If, on the date of entry into force of this Instruction, the authorized bank has documents and information for registration (modification, closure, acceptance for service) of the transaction passport, which are issued and submitted by the resident to the authorized bank in accordance with the requirements of the Instruction of the Bank of Russia No. 138-I, the authorized bank must actions to register a contract (loan agreement), make changes to the bank control statement, de-register a contract (loan agreement), accept a contract (loan agreement) for servicing in accordance with the requirements of this Instruction, without returning the documents and information specified in this paragraph to the resident.

18.4. If, on the date of entry into force of this Instruction, the authorized bank has a completed form of a certificate of supporting documents with supporting documents, which is issued and submitted by the resident to the authorized bank in accordance with the requirements of the Instruction of the Bank of Russia No. 138-I, the authorized bank does not return the certificate of supporting documents and supporting documents to the resident. In this case, the authorized bank must check the availability of information in the certificate of supporting documents and supporting documents sufficient to accept the certificate of supporting documents and supporting documents in accordance with the requirements of this Instruction. If the verification results are positive, the authorized bank must accept a certificate of supporting documents and supporting documents in accordance with the requirements of this Instruction.

18.5. If, on the date of entry into force of this Instruction, the authorized bank has a completed form of a certificate of currency transactions and documents related to currency transactions, which is executed and submitted by the resident to the authorized bank in accordance with the requirements of the Instruction of the Bank of Russia No. 138-I, the authorized bank must perform the actions provided for this Instruction.

Chapter 19. Final provisions

19.1. This Instruction is subject to official publication and comes into force from 1.03.2018. - paragraph 19.1 is given in the wording of the instruction of the Bank of Russia No. 4629-U dated 29.11.2017

19.2. As of the date of entry into force of this Instruction, the Central Bank of the Russian Federation shall post on the official website of the Bank of Russia in the information and telecommunications network "Internet" the rules for compiling and submitting in electronic form the information provided for in this Instruction.

Amendments to the specified rules for the compilation and presentation of information in electronic form provided for in this Instruction are posted on the official website of the Bank of Russia on the Internet information and telecommunications network and are applied after thirty calendar days after the date of their posting.

19.3. From the date of entry into force of this Instruction to recognize as invalid:

Instruction of the Bank of Russia dated 4.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by Authorized Banks of Currency Transactions and Control over their Conduct", registered by the Ministry of Justice of the Russian Federation on 3.08.2012 No. 25103;

Instruction of the Bank of Russia dated 14.06.2013 No. 3016-U "On Amendments to the Instruction of the Bank of Russia dated 04.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by authorized Banks of currency transactions and Control over their conduct", registered by the Ministry of Justice of the Russian Federation on 15.08.2013 No. 29394;

Instruction of the Bank of Russia dated 6.11.2014 No. 3438-U "On Amendments to the Instruction of the Bank of Russia dated 04.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by Authorized Banks of currency Transactions and Control over their conduct", registered by the Ministry of Justice of the Russian Federation on 12.12.2014 No. 35153;

Instruction of the Bank of Russia dated 11.06.2015 No. 3671-U "On Amendments to the Instruction of the Bank of Russia dated 04.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by Authorized Banks of currency Transactions and Control over their conduct", registered by the Ministry of Justice of the Russian Federation on 1.07.2015 No. 37876;

Instruction of the Bank of Russia dated 30.11.2015 No. 3865-U "On Amendments to the Instruction of the Bank of Russia dated 04.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by Authorized Banks of currency Transactions and Control over their conduct", registered by the Ministry of Justice of the Russian Federation on December 24, 2015 No. 40219;

Instruction of the Bank of Russia dated 25.04.2017 No. 4360-U "On Amendments to the Instruction of the Bank of Russia dated 04.06.2012 No. 138-I "On the Procedure for Submission by Residents and Non-Residents to Authorized Banks of Documents and Information Related to Currency Transactions, the Procedure for Registration of Transaction Passports, as well as the Procedure for Accounting by authorized Banks of currency transactions and Control over their conduct", registered by the Ministry of Justice of the Russian Federation on 15.06.2017 No. 47043.