Legislative base of the Russian Federation. Foreign Currency Cash and Checks: New Rules in Effect Foreign Currency Cash and Checks 136 and
Bank of Russia Ordinance dated April 13, 2016 N 3994-U "On Amending the Instruction of the Bank of Russia dated September 16, 2010 N 136-I" On the Procedure for Implementation by Authorized Banks (Branches) certain types banking operations with foreign currency in cash and transactions with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, involving individuals"(Registered in the Ministry of Justice of Russia on 19.05.2016 N 42154)
CENTRAL BANK OF THE RUSSIAN FEDERATION
ABOUT CHANGES
N 136-I "ON THE PROCEDURE FOR IMPLEMENTATION BY AUTHORIZED BANKS
(BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH
FOREIGN CURRENCY AND CHECK OPERATIONS (INCLUDING
TRAVELER'S CHECKS), THE NOMINAL COST OF WHICH IS SPECIFIED
IN FOREIGN CURRENCY, WITH PARTICIPATION OF INDIVIDUALS "
1. In accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia No. 9 dated April 4, 2016), to include in the Instruction of the Bank of Russia dated September 16, 2010 No. 136-I "On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 N 18595 (" Bulletin of the Bank of Russia "dated October 6, 2010 N 55), the following changes.
"2.1.7. Information on the procedure and conditions for carrying out transfer operations established by the authorized bank (branch) in accordance with the requirements of the legislation of the Russian Federation and regulations of the Bank of Russia Money without opening bank accounts on behalf of individuals, as well as receiving and issuing cash foreign currency when making such transfers. If the list of operations does not include operations for accepting and issuing cash foreign currency when transferring funds without opening bank accounts on behalf of individuals, the information specified in this subparagraph is not posted on the stand; ".
"3.1.22. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of non-residents.
3.1.29. Issuance of foreign currency in cash in the course of money transfer operations on the territory of the Russian Federation without opening bank accounts received from non-resident individuals in favor of resident individuals. "
1.3. In the second paragraph of clause 4.8, the words "On the issue bank cards and on transactions performed using payment cards "registered by the Ministry of Justice of the Russian Federation on March 25, 2005 N 6431, on October 30, 2006 N 8416, on October 8, 2008 N 12430 (Bank of Russia Bulletin dated March 30, 2005 N 17, of November 9, 2006 N 60, of October 17, 2008 N 58) "to replace with the words:" On the issue of payment cards and on operations performed with their use ", registered by the Ministry of Justice of the Russian Federation on March 25, 2005 N 6431, October 30, 2006 8416, October 8, 2008 N 12430, December 9, 2011 N 22528, November 21, 2012 N 25863, February 17, 2015 N 36063 ("Bulletin of the Bank of Russia" dated March 30, 2005 N 17, dated November 9, 2006 No. 60, dated October 17, 2008 No. 58, dated December 19, 2011 No. 71, dated November 28, 2012 No. 67, dated March 4, 2015 No. 17) ".
1.4. In the fifth sentence of paragraph eighteen of the Procedure for filling out the Register of operations with cash currency and checks of Appendix 1, the words "not filled in" shall be replaced by the words "filled in with the symbol 000".
Bank of Russia Ordinance No. 3994-U dated April 13, 2016 “On Amending the Bank of Russia Instruction No. 136-I dated September 16, 2010“ On the Procedure for Authorized Banks (Branches) to Perform Certain Types of Banking Operations with Foreign Currency Cash and Transactions with checks (including traveller's checks), the face value of which is indicated in foreign currency, with the participation of individuals ”(did not come into force)
1. In accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia No. 9 dated April 4, 2016), to include in the Bank of Russia Instruction No. 136-I dated September 16, 2010 “On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on October 1, 2010 No. 18595 (" Bulletin of the Bank of Russia "dated October 6, 2010 No. 55), the following changes.
1.1. Subclause 2.1.7 of clause 2.1 shall be amended as follows:
"2.1.7. information on the procedure and conditions established by the authorized bank (branch) in accordance with the requirements of the legislation of the Russian Federation and regulations of the Bank of Russia for carrying out operations for transferring funds without opening bank accounts on behalf of individuals, as well as on accepting and issuing cash foreign currency when carrying out such translations. If the list of operations does not include operations for accepting and dispensing cash foreign currency when transferring funds without opening bank accounts on behalf of individuals, the information specified in this subparagraph is not posted on the stand; ".
1.2. Clause 3.1 shall be supplemented with sub-clauses 3.1.22 - 3.1.29 as follows:
"3.1.22. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of non-residents.
3.1.23. Issuance of foreign currency in cash in the course of money transfer operations on the territory of the Russian Federation without opening bank accounts received from non-resident individuals in favor of non-resident individuals.
3.1.24. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of residents.
3.1.25. Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from resident individuals, in favor of resident individuals.
3.1.26. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of non-residents.
3.1.27. Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from resident individuals, in favor of non-resident individuals.
3.1.28. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of residents.
3.1.29. Issuance of foreign currency in cash in the course of money transfer operations on the territory of the Russian Federation without opening bank accounts received from non-resident individuals in favor of resident individuals. "
1.3. In the second paragraph of clause 4.8, the words "On the issue of bank cards and transactions performed using payment cards", registered by the Ministry of Justice of the Russian Federation on March 25, 2005 No. 6431, October 30, 2006 No. 8416, October 8, 2008 No. 12430 ("Bulletin Bank of Russia "dated March 30, 2005 No. 17, dated November 9, 2006 No. 60, dated October 17, 2008 No. 58)" shall be replaced by the words: "On the issue of payment cards and on transactions performed with their use", registered by the Ministry of Justice of the Russian Federation March 25, 2005 No. 6431, October 30, 2006 No. 8416, October 8, 2008 No. 12430, December 9, 2011 No. 22528, November 21, 2012 No. 25863, February 17, 2015 No. 36063 (Bank of Russia Bulletin dated 30 March 2005 No. 17, dated November 9, 2006 No. 60, dated October 17, 2008 No. 58, dated December 19, 2011 No. 71, dated November 28, 2012 No. 67, dated March 4, 2015 No. 17) ".
1.4. In the fifth sentence of paragraph eighteen of the Procedure for completing the Register of operations with cash currency and checks of Appendix 1, the words "not filled in" shall be replaced by the words "filled with the symbol 000".
central bank Russian Federation (Bank of Russia)
Press service
107016, Moscow, st. Neglinnaya, 12
www.cbr.ru
On Bank of Russia Ordinance No. 4067-U dated July 12, 2016
By the instruction of the Bank of Russia, in particular:
clarifies the procedure for assessing qualifications in the field of risk management and (or) internal control and (or) audit, which should be possessed by a person with a higher (not legal or economic) education, appointed to the position of the head of the service of a credit institution;
the term for sending a request by a structural unit of the Bank of Russia to a credit institution to provide information about the person appointed to the position (dismissed from office) of the head of the credit institution's service is increased from three to five days;
establishes a requirement for the credit institution to submit to the Bank of Russia duly certified copies of the documents on the basis of which it carried out the conformity assessment of the specified person qualification requirements established by Bank of Russia Ordinance No. 3223-U dated April 1, 2014 "On Requirements for the Heads of the Risk Management Service, Internal Control Service, and Internal Audit Service of a Credit Institution" Federal law"On banks and banking activities".
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136 and the Central Bank of the Russian Federation last revision 2016 as amended
Instruction of the Central Bank of the Russian Federation of September 16, 2010 N 136-I "On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation individuals "(together with the" Classifier of types of operations with foreign currency cash and checks ")
Full text of the document can be found in the following reference legal systems "Consultant Plus":
The procedure for filling out the Register of operations with cash currency and checks
At the discretion of the authorized bank (branch), other information may be included in the Register of operations with cash currency and checks, provided that the information, the obligatory indication of which is established by this Instruction, is preserved, including information obtained during the identification of an individual in the cases and in the procedure established the legislation of the Russian Federation, as well as the amount of commission (if charged), the inclusion of which in the Register of operations with cash currency and checks can be carried out, inter alia, by reflecting them in additional columns of the Register of operations with cash currency and checks.
In the heading part of the Register of operations with cash currency and checks, the full (abbreviated) corporate name of the authorized bank (name of the branch), the registration number of the authorized bank (serial number of the branch) assigned by the Bank of Russia, the location (address) of the authorized bank (branch), the name of the internal structural unit of the authorized bank (branch) and its location (address), the date of filling out the Register of operations with cash currency and checks, the serial number of the Register of operations with cash currency and checks during the working day.
The amounts of cash foreign currency and the currency of the Russian Federation in the Register of operations with cash currency and checks are indicated in units of foreign currency and the currency of the Russian Federation, respectively, with an accuracy of two decimal places.
The Register of operations with cash currency and checks shall indicate:
in column 1 - the serial number of the operation being carried out in the Register of operations with cash currency and checks;
in column 2 - the time of the transaction in hours and minutes (time of filling in the line of the Register of operations with cash currency and checks);
in column 3 - the code of the type of operation in accordance with the Classifier of types of operations with foreign currency in cash and checks, given in Appendix 2 to these Instructions;
in column 4 - the foreign currency rate (cross rate) used in the operation. This column is not filled in in cases when the foreign currency rate (cross-rate) is not used during the operation, as well as when the operation is carried out using payment card;
in column 5 - the code of the foreign currency in cash or the currency of the Russian Federation accepted by the cashier from an individual;
The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies. To indicate the code of the currency of the Russian Federation, the ruble sign is used - "810".
in column 6 - the amount of cash foreign currency or the currency of the Russian Federation accepted by the cashier from an individual (indicated without taking into account the amount of the commission charged by the authorized bank (branch) for the operation (if charged);
in column 7 - the code of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 8 - the amount of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 9 - a sign of using a payment card. In the case of a transaction using a payment card, the symbol "X" is put down, in other cases this column is not filled in;
in column 10 - the number of checks accepted (issued) by the cashier;
in column 11 - the currency code of the par value of checks accepted from an individual (issued to an individual);
The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies.
in column 12 - the amount of checks accepted from an individual (issued to an individual);
in column 13 - the number of the bank account, account for the deposit of an individual. This column is not filled in when performing an operation without using a bank account, an account for a deposit of an individual. When carrying out an operation using a payment card, this column can be filled in if the cashier has information about the number of the bank account opened for transactions using the payment card;
in column 14 - the sign of the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney. In the case of an operation under a power of attorney, the symbol "X" is put down, in other cases this column is not filled in;
in column 15 - the code of the country of citizenship of an individual. This column is filled in when carrying out an operation with the identification of an individual in the cases and in the manner established by the legislation of the Russian Federation. This column can be filled in in other cases if the cashier has information about the citizenship of an individual. When carrying out the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney, this column shall indicate information about the citizenship of the individual who issued the power of attorney. If the operation is carried out by a stateless individual, this column is not filled in.
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Instruction of the Bank of Russia of September 16, 2010 N 136-I "On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals "(with amendments and additions)
- Chapter 1. General Provisions
- Chapter 2. The procedure for organizing the work of an authorized bank (branch) with foreign currency in cash and checks
- Chapter 3. Operations with foreign currency in cash and checks
- Chapter 4. Procedure for carrying out operations with foreign currency in cash and checks
- Chapter 5. Final Provisions Appendix 1. Register of operations with foreign currency in cash and checks Appendix 2. Classifier of types of operations with foreign currency and checks Appendix 3. List of mandatory information to be reflected in the confirmation document issued to an individual when performing operations with foreign currency in cash and checks Appendix 4. Receipt of acceptance for collection of banknotes of foreign states (a group of foreign states) or checks
Instruction of the Bank of Russia of September 16, 2010 N 136-I
"On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals"
With changes and additions from:
Based on the Federal Law of December 10, 2003 N 173-FZ "On Currency Regulation and currency control"(Collected Legislation of the Russian Federation, 2003, No. 50, Art. 4859; 2004, No. 27, Art. 2711; 2005, No. 30, Art. 3101; 2006, No. 31, Art. 3430; 2007, No. 1, Art. 30; N 22, Art. 2563; N 29, Art. 3480; N 45, Art. 5419; 2008, N 30, Art. 3606), Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia) "(Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, Art. 3233; 2005, N 25, Art. 2426; N 30, Art. 3101; 2006, N 19, Art. 2061; N 25, Art. 2648; 2007, N 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25 ; N 29, Art. 3629; N 48, Art. 5731), the Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ) (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR , 1990, N 27, Art.357; Collected Legislation of the Russian Federation, 1996, No. 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, N 27, Art. 2700; N 50, Art. 4855; No. 52, art. 5033; Art. 5037; 2004, N 27, Art. 2711; 31, Art. 3233; 2005, N 1, Art. 18, art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; 19, Art. 2061; 31, Art. 3439; No. 52, art. 5497; 2007, N 1, Art. nine; N 22, Art. 2563; 31, Art. 4011; N 41, Art. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; 15, Art. 1447; 2009, N 1, Art. 23; 9, Art. 1043; 18, Art. 2153; 23, Art. 2776; No. 30, Art. 3739; 48, Art. 5731; No. 52, art. 6428; 2010, N 8, Art. 775; No. 30, Art. 4012) and in accordance with the decision of the Bank of Russia Board of Directors (minutes of the meeting of the Bank of Russia Board of Directors dated September 10, 2010 N 19), the Bank of Russia establishes the procedure for authorized banks (branches of authorized banks), including their internal structural divisions, to carry out certain types of banking operations with cash foreign currency and transactions with checks (including traveller's checks), the face value of which is indicated in foreign currency (hereinafter - checks, transactions with foreign currency in cash and checks, respectively), with the participation of individuals.
Registration N 18595
The procedure for authorized banks (their branches), including internal structural divisions, to carry out certain types of transactions with foreign currency and checks (including travel checks), the nominal value of which is indicated in foreign currency, with the participation of individuals, has been determined.
A list of the specified operations is provided. It includes the purchase and sale of foreign currency for cash rubles, checks - for cash rubles and foreign currency, the issuance of foreign currency from bank accounts, accounts for deposits of individuals in foreign currency or in rubles, the purchase (sale) of checks at the expense of funds on such accounts (with the transfer of money on them), acceptance of banknotes of foreign states, checks for sending for collection, etc.
The authorized bank (branch) must form a list of foreign currencies used in operations, as well as a list of the latter as a whole for the authorized bank (branch) and for each internal structural unit.
The authorized bank (branch) independently determines whether it will work with coins of foreign countries. If the decision is negative, the amount is less than the face value of the minimum currency of a foreign state for general rule are converted into rubles at the rate set by the authorized bank (branch).
The instruction comes into force on November 1, 2010. From the same date, the CBR Instruction on the procedure for opening, closing, organizing the work of exchange offices and the procedure for authorized banks to carry out certain types of operations and other transactions with foreign currency and rubles, checks (incl. h. road), the nominal value of which is indicated in foreign currency, with the participation of individuals. This is due to the fact that the named points ceased to exist on October 1, 2010. They were closed or transferred to the status of internal structural divisions of a different type.
Instruction of the Bank of Russia of September 16, 2010 N 136-I "On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals "
Registration N 18595
This instruction comes into force on November 1, 2010.
This document is amended by the following documents:
The changes come into force 10 days after the day of the official publication of the said Instructions.
"On the procedure for the implementation by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals"
CENTRAL BANK OF THE RUSSIAN FEDERATION
INSTRUCTION
dated September 16, 2010 N 136-I
ON THE PROCEDURE FOR AUTHORIZED BANKS (BRANCHES) IMPLEMENTATION OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND OPERATIONS WITH CHECKS (INCLUDING THE FUNCTIONAL CHARACTERS OF THE LIKHOTSINA AND KOKHOTSINA AND KOKHOTSINA LUMINA
Based on the Federal Law of December 10, 2003 N 173-FZ "On Currency Regulation and Currency Control" (Collected Legislation of the Russian Federation, 2003, N 50, Art. 4859; 2004, N 27, Art. 2711; 2005, N 30, Art. 3101; 2006, N 31, Art. 3430; 2007, N 1, Art. 30; N 22, Art. 2563; N 29, Art. 3480; N 45, Art. 5419; 2008, N 30, Art. 3606), Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" (Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art.5032; 2004, No. 27, Art.2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; N 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982 ; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art. 3629; N 48, Art. 5731), Federal Law "On Banks and Banking Activities" (as amended by the Federal Law of February 3, 1996 N 17-FZ) (Bulletin of the Congress of People's deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, N 27, art. 357; Collected Legislation of the Russian Federation, 1996, N 6, Art. 492; 1998, N 31, Art. 3829; 1999, N 28, Art. 3459, art. 3469; 2001, N 26, Art. 2586; No. 33, Art. 3424; 2002, No. 12, Art. 1093; 2003, N 27, Art. 2700; N 50, Art. 4855; No. 52, art. 5033, art. 5037; 2004, N 27, Art. 2711; 31, Art. 3233; 2005, N 1, Art. 18, art. 45; No. 30, Art. 3117; 2006, N 6, Art. 636; 19, Art. 2061; 31, Art. 3439; No. 52, art. 5497; 2007, N 1, Art. nine; N 22, Art. 2563; 31, Art. 4011; N 41, Art. 4845; N 45, Art. 5425; N 50, Art. 6238; 2008, N 10, Art. 895; 15, Art. 1447; 2009, N 1, Art. 23; 9, Art. 1043; 18, Art. 2153; 23, Art. 2776; No. 30, Art. 3739; 48, Art. 5731; No. 52, art. 6428; 2010, N 8, Art. 775; No. 30, Art. 4012) and in accordance with the decision of the Bank of Russia Board of Directors (minutes of the meeting of the Bank of Russia Board of Directors dated September 10, 2010 N 19), the Bank of Russia establishes the procedure for authorized banks (branches of authorized banks), including their internal structural divisions, to carry out certain types of banking operations with cash foreign currency and transactions with checks (including traveller's checks), the face value of which is indicated in foreign currency (hereinafter - checks, transactions with foreign currency in cash and checks, respectively), with the participation of individuals.
Chapter 1. General Provisions
1.1. An authorized bank (branch of an authorized bank) (hereinafter referred to as an authorized bank (branch)) may carry out all or some operations with foreign currency in cash and checks from among those provided for in Chapter 3 of this Instruction. The list of operations with foreign currency in cash and checks is established by the authorized bank (branch) as a whole for the authorized bank (branch), as well as for each internal structural unit of the authorized bank (branch) based on the list of transactions delegated to this unit in accordance with the requirements of the Bank of Russia Instruction of April 2, 2010 N 135-I "On the procedure for the Bank of Russia to make a decision on state registration credit institutions and the issuance of banking licenses ", registered by the Ministry of Justice of the Russian Federation on April 22, 2010 N 16965 (" Bulletin of the Bank of Russia "dated April 30, 2010 N 23).
1.2. The authorized bank (branch) determines the list of foreign currencies, operations with which are carried out by the authorized bank (branch) in accordance with this Instruction.
1.3. An authorized bank (branch) independently decides on the need to work with a coin of foreign states (a group of foreign states) when carrying out operations with foreign currency in cash and checks.
If an authorized bank (branch) decides that there is no need to work with a coin of foreign states (a group of foreign states), the payment to individuals when carrying out operations with foreign currency in cash and checks is less than the nominal value of the minimum banknote of a foreign state (group of foreign states) in the form of a banknote is carried out in the currency of the Russian Federation at the rate set by the authorized bank (branch) in accordance with clauses 2.2 and 2.3 of this Instruction, unless otherwise provided by the contract when performing operations on bank account, account on the deposit of an individual.
Chapter 2. The procedure for organizing the work of an authorized bank (branch) with foreign currency in cash and checks
2.1. In the premises of the authorized bank (branch), including the premises of the internal structural divisions of the authorized bank (branch), in which operations with cash foreign currency and checks are carried out, in an accessible place for viewing, at a stand or in another format, including on electronic media information (hereinafter - the stand), the following documents and information should be posted:
2.1.1. full (abbreviated) corporate name of the authorized bank (name of the branch) or full (abbreviated) business name of the authorized bank (name of the branch) and the name of the internal structural unit of the authorized bank (branch), their location (address) and telephone or other communication numbers;
2.1.2. the list of operations performed with foreign currency in cash and checks, established in accordance with paragraph 1.1 of this Instruction (hereinafter referred to as the list of operations);
2.1.3. rates of foreign currencies against the currency of the Russian Federation and (or) cross rates of foreign currencies established in accordance with this chapter (hereinafter referred to as foreign exchange rates) (shown in the largest of the fonts used when indicating other information posted on the stand in accordance with the requirements of this chapter). If the list of operations includes only operations that do not use foreign exchange rates, information on the established foreign exchange rates is not posted on the stand;
2.1.4. information on the amount of commission charged by the authorized bank (branch) for operations with foreign currency in cash and checks;
2.1.5. rules for accepting damaged banknotes of foreign states (a group of foreign states), including for sending them for collection, developed by an authorized bank (branch) on the basis of the conditions for accepting these banknotes by their issuers;
2.1.6. the rules for accepting checks, including for sending them for collection, developed by an authorized bank (branch), including taking into account the conditions for accepting checks by their issuers. If the list of operations does not include operations with checks, the rules for accepting checks at the stand are not posted;
2.1.7. information on the procedure and conditions established by the authorized bank (branch) in accordance with the requirements of the legislation of the Russian Federation and regulations of the Bank of Russia for carrying out operations for transferring funds without opening bank accounts on behalf of individuals, as well as on accepting and issuing cash foreign currency when carrying out such translations. If the list of operations does not include operations for accepting and dispensing cash foreign currency when transferring funds without opening bank accounts on behalf of individuals, the information specified in this subparagraph is not posted on the stand; (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
2.1.8. information on working with a coin of foreign states (a group of foreign states) in accordance with clause 1.4 of this Instruction;
2.1.9. the content of Chapter 1, paragraphs 2.2, 2.4, 4.1, 4.3, 4.4, 4.8, 4.9, 4.12 - 4.15, 4.17, 4.18 of this Instruction, as well as other information that contributes to a more complete awareness of individuals about the conditions for carrying out transactions with foreign currency in cash and checks (placed at the discretion of the authorized bank (branch).
2.3. The order (order) shall indicate the location (address) of the authorized bank (branch), internal structural unit of the authorized bank (branch), in which operations with foreign currency and checks are carried out, foreign exchange rates established for them, as well as the date and time (at hours and minutes) of the start of the established foreign exchange rates.
It is allowed to indicate in the order (instruction):
an algorithm for calculating cross rates of foreign currencies instead of their actual values;
different rates of foreign currencies for different amounts of bought or sold foreign currency.
The order (order) or the information contained in the order (order) is communicated to the cashier performing operations with foreign currency cash and checks, and is kept by the cashier in the manner prescribed by the authorized bank (branch). The order (order) or the information contained in it, in the event of their being brought to the cashier on paper, is sent to the documents of the day on the day the next order (order) begins to operate.
2.4. An authorized bank (branch) is not entitled to establish by its internal documents when carrying out operations with foreign currency in cash and checks:
restrictions on the face value and the years of issue of the banknotes of foreign states (a group of foreign states) in circulation;
restrictions on the amount of purchased (accepted) and sold (issued) cash foreign currency, with the exception of restrictions on coins of foreign states (a group of foreign states) and restrictions on the amount of cash issued foreign currency when carrying out the operation specified in subparagraph 3.1.11 of paragraph 3.1 of this Instruction ;
different rates of foreign currencies for different denominations of banknotes of foreign states (groups of foreign states).
Chapter 3. Operations with foreign currency in cash and checks
3.1. In the authorized bank (branch), including internal structural divisions of the authorized bank (branch), the following types of operations with foreign currency in cash and checks can be carried out.
3.1.1. Purchase of foreign currency in cash for the cash of the Russian Federation.
3.1.2. Sale of foreign currency in cash for the cash currency of the Russian Federation.
3.1.3. Sale of cash foreign currency of one foreign state (group of foreign states) for cash foreign currency of another foreign state (group of foreign states) (conversion).
3.1.4. Exchange of banknotes (banknotes) of a foreign state (group of foreign states) for banknotes (banknotes) of the same foreign state (group of foreign states).
3.1.5. Purchase of checks for the cash currency of the Russian Federation.
3.1.6. Purchase of checks for cash in foreign currency.
3.1.7. Sale of checks for the cash currency of the Russian Federation.
3.1.8. Sale of checks for cash in foreign currency.
3.1.9. Acceptance of banknotes of foreign states (a group of foreign states), checks to be sent for collection.
3.1.10. Acceptance of cash foreign currency for crediting to bank accounts of individuals using payment cards.
3.1.11. Cash withdrawal of foreign currency from bank accounts of individuals using payment cards.
3.1.12. Purchase of checks with crediting of funds to bank accounts, accounts on deposits of individuals in foreign currency.
3.1.13. Purchase of checks with crediting funds to bank accounts, individual deposit accounts in the currency of the Russian Federation.
3.1.14. Sale of checks at the expense of funds in bank accounts, accounts for deposits of individuals in foreign currency.
3.1.15. Sale of checks at the expense of funds in bank accounts, accounts for deposits of individuals in the currency of the Russian Federation.
3.1.16. Acceptance of foreign currency in cash when carrying out operations to transfer funds from the Russian Federation on behalf of individuals without opening bank accounts.
3.1.17. Issuance of foreign currency in cash when carrying out operations to transfer funds to the Russian Federation without opening bank accounts in favor of individuals.
3.1.18. Acceptance of foreign currency in cash for crediting to bank accounts, accounts for deposits of individuals in foreign currency.
3.1.19. Acceptance of foreign currency in cash for crediting to bank accounts, individual deposit accounts in the currency of the Russian Federation.
3.1.20. Issuance of cash in foreign currency from bank accounts, accounts for deposits of individuals in foreign currency.
3.1.21. Issuance of foreign currency in cash from bank accounts, individual deposit accounts in the currency of the Russian Federation.
3.1.22. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of non-residents. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.23. Issuance of foreign currency in cash in the course of money transfer operations on the territory of the Russian Federation without opening bank accounts received from non-resident individuals in favor of non-resident individuals. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.24. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of residents. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.25. Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from resident individuals, in favor of resident individuals. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.26. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of non-residents. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.27. Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from resident individuals, in favor of non-resident individuals. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.28. Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of residents. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
3.1.29. Issuance of foreign currency in cash in the course of money transfer operations on the territory of the Russian Federation without opening bank accounts received from non-resident individuals in favor of resident individuals. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
Chapter 4. Procedure for carrying out operations with foreign currency in cash and checks
4.1. When carrying out operations with foreign currency in cash and checks, the identification of an individual is carried out in the cases established by the legislation of the Russian Federation.
When carrying out operations with foreign currency in cash and checks, the transfer by an individual to a cashier of cash foreign currency, cash currency of the Russian Federation, checks, payment cards is considered as consent of the individual to the conditions for carrying out operations with foreign currency in cash and checks brought to the individual in accordance with the procedure, established by clause 2.1 of this Instruction, unless otherwise provided by agreements when performing operations on a bank account, an account on a deposit of an individual.
4.3. If a cashier detects a check that casts doubts about its authenticity when performing an operation with foreign currency and checks, such a check will not be returned to an individual. The cashier is obliged to inform, in the manner prescribed by the authorized bank (branch), an individual that the check raises doubts about its authenticity. A check that raises doubts about its authenticity is sent for collection in the manner prescribed by clauses 4.13 - 4.18 of this Instruction.
4.4. If the cashier reveals defects and damages in the accepted banknotes of a foreign state (group of foreign states) or checks, the possibility of performing transactions with such banknotes foreign states (a group of foreign states) or checks is determined in accordance with the rules for accepting damaged banknotes of foreign states (a group of foreign states) or in accordance with the rules for accepting checks developed by an authorized bank (branch) in accordance with subparagraphs 2.1.5 and 2.1.6 paragraph 2.1 of this Instruction.
4.5. When carrying out an operation with foreign currency in cash and checks, the cashier opens and fills in the electronic Register of operations with foreign currency and checks in the form given in Appendix 1 to these Instructions.
Cashier leads single register operations with cash currency and checks for all types of operations with cash foreign currency and checks carried out during the working day, except for the operation specified in subparagraph 3.1.9 of paragraph 3.1 of this Instruction.
4.6. At the end of the working day, upon completion of the cashier's operations with foreign currency and checks, as well as when the calendar date is changed, the cashier calculates and indicates in the Register of operations with cash currency and checks the final data on the amounts of foreign currency cash received and issued, the currency of the Russian Federation , checks in the context of the types of transactions, names of currencies, used foreign exchange rates, closes the current Register of operations with cash currency and checks, then, in case of continuing operations with foreign currency cash and checks, in the manner prescribed by clause 4.5 of this Instruction, opens a new Register of operations with cash currency and checks.
If during the working day there were no operations with foreign currency and checks that are subject to inclusion in the Register of operations with cash and checks, the cashier in any form draws up a certificate of the absence during the working day of operations with foreign currency and checks indicating in it, the full (abbreviated) corporate name of the authorized bank (name of the branch), the registration number of the authorized bank (serial number of the branch), the name of the internal structural unit of the authorized bank (branch), their location (address), signs the specified certificate, affixes the date of its preparation and directs it to the documents of the day.
4.7. The register of operations with cash and checks can be stored on paper and (or) in in electronic format.
The register of operations with cash currency and checks, printed on paper, is sent to cash documents.
The storage of the Register of operations with cash currency and checks in electronic form is carried out in accordance with the procedure established by the Ordinance of the Bank of Russia dated November 25, 2009 N 2346-U " cash transactions when organizing work on maintaining accounting", registered by the Ministry of Justice of the Russian Federation on December 25, 2009 N 15828 (" Bulletin of the Bank of Russia "dated December 30, 2009 N 78).
4.8. The end of the operation with foreign currency in cash and checks is considered to be the transfer by the cashier to an individual of cash foreign currency, cash in the Russian Federation, checks, as well as payment cards submitted for its implementation and subject to return to an individual, other documents, including documents, based on of which an individual was identified in the cases established by the legislation of the Russian Federation, and the documents specified in clauses 4.9 and 4.15 of this Instruction, or documents drawn up in accordance with Bank of Russia Ordinance N 2054-U or Bank of Russia Regulation N 318-P when carrying out transactions specified in subparagraphs 3.1.18 - 3.1.21 of paragraph 3.1 of this Instruction.
The execution of operations for accepting (issuing) foreign cash using payment cards is carried out taking into account the requirements of Chapter 3 of the Regulation of the Bank of Russia of December 24, 2004 N 266-P "On the issue of payment cards and on transactions performed with their use", registered by the Ministry of Justice Of the Russian Federation March 25, 2005 N 6431, October 30, 2006 N 8416, October 8, 2008 N 12430, December 9, 2011 N 22528, November 21, 2012 N 25863, February 17, 2015 N 36063 ("Bulletin of the Bank of Russia" dated March 30, 2005 N 17, of November 9, 2006 N 60, of October 17, 2008 N 58, of December 19, 2011 N 71, of November 28, 2012 N 67, of March 4, 2015 N 17) (hereinafter - Bank of Russia Regulation N 266-P). (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
4.9. At the end of the transaction with foreign currency and checks, the cashier is obliged to issue to the individual a document confirming the transaction with foreign currency and checks (hereinafter - the confirming document), except for the operations specified in subparagraphs 3.1.9, 3.1.18 - 3.1 .21 clause 3.1 of these Instructions.
When carrying out operations with foreign currency in cash and checks specified in subparagraphs 3.1.18 - 3.1.21 of paragraph 3.1 of this Instruction, the cashier draws up and issues a confirmation document to an individual at his request.
4.10. The confirming document is formed on the basis of the entry of the electronic Register of operations with cash currency and checks separately for each operation with cash foreign currency and checks in the form established by the authorized bank (branch), with the obligatory reflection in the confirming document of the information, the list of which is specified in Appendix 3 to this Instructions, printed on paper and signed by the cashier. Corrections in the printed confirmation document are not permitted.
4.11. An authorized bank (branch) is obliged to keep records of operations with foreign currency in cash and checks by drawing up the documents provided for in clauses 4.5, 4.6, 4.9 and 4.15 of this Instruction, as well as documents drawn up in accordance with Bank of Russia Ordinance No. 2054-U, Bank of Russia Regulations N 318-P and Regulation of the Bank of Russia N 266-P.
4.12. An authorized bank (branch) carrying out operations for accepting banknotes of foreign states (a group of foreign states) for sending for collection accepts banknotes of foreign states (groups of foreign states) withdrawn from circulation for collection in accordance with the conditions for their acceptance by issuers.
4.13. Banknotes of foreign states (a group of foreign states) or checks are accepted for collection on the basis of a written application of an individual made in an arbitrary form for acceptance for collection (hereinafter referred to as an individual's application) and other documents in accordance with the conditions for their acceptance by issuers.
In the application of an individual, his full surname, first name and patronymic (if any), the address of the place of residence (place of stay) of the individual, the name, series and number (if any) of the document proving his identity presented by the individual, as well as:
the name of the currency of each banknote of a foreign state (group of foreign states), its denomination, series, number, year of issue, additional details (for US banknotes - the alphanumeric designation of the issuer's institution, check letter, quadrant number, cliché number of the front and back sides; for banknotes of countries - members of the European Union - an alphanumeric label), the name of the issuer of the banknote of a foreign state (group of foreign states) (if possible to indicate it);
the name of each check, its number and date, the amount with the name of the currency, the name of the check issuer and the name of the person who issued the check (if possible, their indication).
4.14. When accepting banknotes of foreign states (a group of foreign states) or checks for collection, the cashier ensures that the individual has correctly indicated the details of banknotes of foreign states (group of foreign states) or checks in the application of an individual.
4.15. When accepting banknotes of foreign states (a group of foreign states) or checks for collection, the cashier draws up a receipt in two copies in the form given in Appendix 4 to these Instructions. One copy of the receipt is issued to an individual, another copy of the receipt is sent to the cash documents.
4.16. Banknotes of foreign states (groups of foreign states) accepted for collection or checks are sent to foreign bank accepting banknotes of foreign states (groups of foreign states) or checks for collection, or to an authorized bank (branch) involved in sending them for collection to a foreign bank (hereinafter referred to as the collecting bank).
4.17. Upon receipt from the collecting bank of compensation for banknotes of foreign states (groups of foreign states) or checks accepted for collection, the authorized bank (branch) sends a written notification to the individual about the decision of the collecting bank.
Upon receipt of a refund from a collecting bank for banknotes of foreign states (groups of foreign states) or checks accepted for collection, an individual, at his choice, is paid an amount in cash in foreign currency or in cash in the Russian Federation, or the amount is credited in foreign currency or in the currency of the Russian Federation. Federation to the bank account of an individual. The amount in the currency of the Russian Federation is calculated at the rate of foreign currency received from the collecting bank, established by the authorized bank (branch) on the date of payment of the specified amount to an individual or on the date it is credited to the bank account of an individual.
4.18. When the authorized bank (branch) receives an official response from the collecting bank about the refusal to purchase banknotes of foreign states (a group of foreign countries) or checks directed for collection, the authorized bank (branch) sends a written notification to the individual about the decision of the collecting bank with a copy of the official response (extracts from the official response) of the collecting bank. Banknotes of foreign states (groups of foreign states) or checks accepted for collection are returned to an individual in case of their return by the collecting bank.
The original of the official response of the collecting bank about the refusal to purchase banknotes of foreign countries (a group of foreign countries) accepted for collection or checks shall be sent to the documents of the day.
Chapter 5. Final Provisions
5.1. This Instruction is subject to official publication in the Bank of Russia Bulletin and shall enter into force on November 1, 2010.
5.2. From the date of entry into force of this Instruction, to declare invalid:
Chairperson The Central Bank
Russian Federation
S.M. IGNATIEV
Full (abbreviated) corporate name of the authorized bank (name of the branch) | |||||||||||
Registration number of the authorized bank (serial number of the branch) | |||||||||||
/ | |||||||||||
Location (address) of the authorized bank (branch) | |||||||||||
The name of the internal structural unit of the authorized bank and its location (address) | |||||||||||
Date of completion of the Register | . | . | |||||||||
Day | Month | Year | |||||||||
Sequential number of the Registry during the working day | |||||||||||
REGISTRY
CURRENCY AND CHECK OPERATIONS
Operation sequence number | Operation time HH.MM | Operation type code | Foreign currency rate (cross rate) for the operation | Cash funds | Payment card | Accepted (issued) by a cashier of checks (including traveller's checks), the face value of which is indicated in foreign currency | Account number | Power of attorney | Individual citizenship | |||||
accepted by cashier | issued by a cashier | |||||||||||||
currency code | sum | currency code | sum | number of checks | currency code | sum | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Order
filling in the Register of operations with cash currency and checks<*> (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
<*>At the discretion of the authorized bank (branch), other information may be included in the Register of operations with cash currency and checks, provided that the information, the obligatory indication of which is established by this Instruction, is preserved, including information obtained during the identification of an individual in the cases and in the procedure established the legislation of the Russian Federation, as well as the amount of commission (if charged), the inclusion of which in the Register of operations with cash currency and checks can be carried out, inter alia, by reflecting them in additional columns of the Register of operations with cash currency and checks.
The heading part of the Register of operations with cash currency and checks shall indicate the full (abbreviated) corporate name of the authorized bank (name of the branch), the registration number of the authorized bank (serial number of the branch) assigned by the Bank of Russia, the location (address) of the authorized bank (branch), the name of the internal the structural unit of the authorized bank (branch) and its location (address), the date of filling out the Register of operations with cash currency and checks, the serial number of the Register of operations with cash currency and checks during the working day.
The amounts of cash foreign currency and the currency of the Russian Federation in the Register of operations with cash currency and checks are indicated in units of foreign currency and the currency of the Russian Federation, respectively, with an accuracy of two decimal places.
The Register of operations with cash currency and checks shall indicate:
in column 1 - the serial number of the operation being carried out in the Register of operations with cash currency and checks;
in column 2 - the time of the transaction in hours and minutes (time of filling in the line of the Register of operations with cash currency and checks);
in column 3 - the code of the type of operation in accordance with the Classifier of types of operations with foreign currency in cash and checks, given in Appendix 2 to these Instructions;
in column 4 - the foreign currency rate (cross rate) used in the operation. This column is not filled in in cases when the foreign currency exchange rate (cross-rate) is not used during the operation, as well as when the operation is carried out using a payment card;
in column 5 - code<*>cash foreign currency or the currency of the Russian Federation accepted by a cashier from an individual;
<*>The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies. To indicate the code of the currency of the Russian Federation, the ruble sign is used - "810".
in column 6 - the amount of cash foreign currency or the currency of the Russian Federation accepted by the cashier from an individual (indicated without taking into account the amount of the commission charged by the authorized bank (branch) for the operation (if charged);
in column 7 - the code of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 8 - the amount of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 9 - a sign of using a payment card. In the case of a transaction using a payment card, the symbol "X" is put down, in other cases this column is not filled in;
in column 10 - the number of checks accepted (issued) by the cashier;
in column 11 - currency code<*>the face value of checks accepted from an individual (issued to an individual);
<*>The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies.
in column 12 - the amount of checks accepted from an individual (issued to an individual);
in column 13 - the number of the bank account, account for the deposit of an individual. This column is not filled in when performing an operation without using a bank account, an account for a deposit of an individual. When carrying out an operation using a payment card, this column can be filled in if the cashier has information about the number of the bank account opened for transactions using the payment card;
in column 14 - the sign of the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney. In the case of an operation under a power of attorney, the symbol "X" is put down, in other cases this column is not filled in;
in column 15 - country code<*>citizenship of an individual. This column is filled in when carrying out an operation with the identification of an individual in the cases and in the manner established by the legislation of the Russian Federation. This column can be filled in in other cases if the cashier has information about the citizenship of an individual. When carrying out the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney, this column shall indicate information about the citizenship of the individual who issued the power of attorney. If the operation is carried out by a stateless individual, this column is filled in with the symbol 000. (as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U)
<*>The digital code of the country is indicated in accordance with the All-Russian Classifier of the World.
Appendix 2
to the Instruction of the Bank of Russia
"On the procedure for implementation
authorized banks
(branches) of certain types
with checks (including
the cost of which is indicated
in foreign currency,
with the participation of individuals "
CLASSIFIER OF TYPES OF OPERATIONS WITH CASH FOREIGN CURRENCY AND CHECKS
Code | Content of operations |
01 | Purchase of cash foreign currency for cash currency of the Russian Federation |
02 | Sale of foreign currency in cash for the cash currency of the Russian Federation |
03 | Sale of cash foreign currency of one foreign state (group of foreign states) for cash foreign currency of another foreign state (group of foreign states) (conversion) |
04 | Exchange of banknotes (banknotes) of a foreign state (group of foreign states) for banknotes (banknotes) of the same foreign state (group of foreign states) |
08 | Purchase of checks for the cash currency of the Russian Federation |
09 | Purchase of checks with foreign currency cash |
10 | Sale of checks for the cash currency of the Russian Federation |
11 | Selling checks for foreign currency cash |
14 | Acceptance of cash foreign currency for crediting to bank accounts of individuals using payment cards |
16 | Withdrawal of cash in foreign currency from bank accounts of individuals using payment cards |
51 | Purchase of checks with crediting of funds to bank accounts, accounts on deposits of individuals in foreign currency |
52 | Purchase of checks with crediting funds to bank accounts, individual deposit accounts in the currency of the Russian Federation |
53 | Sale of checks at the expense of funds in bank accounts, accounts on deposits of individuals in foreign currency |
54 | Sale of checks at the expense of funds in bank accounts, accounts for deposits of individuals in the currency of the Russian Federation |
55 | Acceptance of foreign currency in cash when carrying out operations to transfer funds from the Russian Federation on behalf of individuals without opening bank accounts |
57 | Issuance of foreign currency in cash when carrying out operations to transfer funds to the Russian Federation without opening bank accounts in favor of individuals |
60 | Acceptance of cash in foreign currency for crediting to bank accounts, accounts on deposits of individuals in foreign currency |
61 | Acceptance of foreign currency in cash for crediting to bank accounts, individual deposit accounts in the currency of the Russian Federation |
63 | Withdrawal of cash in foreign currency from bank accounts, accounts for deposits of individuals in foreign currency |
64 | Withdrawal of foreign currency in cash from bank accounts, individual deposit accounts in the currency of the Russian Federation |
65 | Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of non-resident individuals without opening bank accounts in favor of non-residents<1> |
(as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U) | |
66 | Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from non-resident individuals, in favor of non-resident individuals<2> |
(as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U) | |
67 | Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of residents |
(as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U) | |
68 | Issuance of foreign currency in cash when carrying out operations to transfer funds on the territory of the Russian Federation without opening bank accounts, received from resident individuals, in favor of resident individuals |
(as amended by Instructions of the Central Bank of the Russian Federation of 13.04.2016 N 3994-U) | |
69 | Acceptance of foreign currency in cash when carrying out money transfer operations on the territory of the Russian Federation on behalf of resident individuals without opening bank accounts in favor of non-residents<1> | dated 04/13/2016 N 3994-U)
Active Edition from 16.09.2010
Name document | INSTRUCTIONS of the Central Bank of the Russian Federation of September 16, 2010 N 136-I "ON THE ORDER OF IMPLEMENTATION BY AUTHORIZED BANKS (BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND TRANSACTIONS WITH CHECKS IN EXTRA INDIVIDUALS " |
Type of document | instruction, classifier, list, register |
Host body | TSB RF |
Document Number | 136-I |
Date of adoption | 01.01.1970 |
Date of revision | 16.09.2010 |
Registration number in the Ministry of Justice | 18595 |
Date of registration with the Ministry of Justice | 01.01.1970 |
Status | acts |
Publication |
|
Navigator | Notes (edit) |
INSTRUCTIONS of the Central Bank of the Russian Federation of September 16, 2010 N 136-I "ON THE ORDER OF IMPLEMENTATION BY AUTHORIZED BANKS (BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND TRANSACTIONS WITH CHECKS IN EXTRA INDIVIDUALS "
4.12. An authorized bank (branch) carrying out operations for accepting banknotes of foreign states (a group of foreign states) for sending for collection accepts banknotes of foreign states (groups of foreign states) withdrawn from circulation for collection in accordance with the conditions for their acceptance by issuers.
4.13. Banknotes of foreign states (a group of foreign states) or checks are accepted for collection on the basis of a written application of an individual made in an arbitrary form for acceptance for collection (hereinafter referred to as an individual's application) and other documents in accordance with the conditions for their acceptance by issuers.
In the application of an individual, his full surname, first name and patronymic (if any), the address of the place of residence (place of stay) of the individual, the name, series and number (if any) of the document proving his identity presented by the individual, as well as:
the name of the currency of each banknote of a foreign state (group of foreign states), its denomination, series, number, year of issue, additional details (for US banknotes - the alphanumeric designation of the issuer's institution, check letter, quadrant number, cliché number of the front and back sides; for banknotes of countries - members of the European Union - an alphanumeric label), the name of the issuer of the banknote of a foreign state (group of foreign states) (if possible to indicate it);
the name of each check, its number and date, the amount with the name of the currency, the name of the check issuer and the name of the person who issued the check (if possible, their indication).
4.14. When accepting banknotes of foreign states (a group of foreign states) or checks for collection, the cashier ensures that the individual has correctly indicated information about the details of banknotes of foreign states (group of foreign states) or checks in the application of an individual.
4.15. When accepting banknotes of foreign states (a group of foreign states) or checks for collection, the cashier draws up a receipt in two copies in the form given in Appendix 4 to these Instructions. One copy of the receipt is issued to an individual, another copy of the receipt is sent to the cash documents.
4.16. Banknotes of foreign states (groups of foreign states) or checks accepted for collection are sent to a foreign bank that accepts banknotes of foreign states (groups of foreign states) or checks for collection, or to an authorized bank (branch) attracted to send them for collection to a foreign bank (hereinafter - the collecting bank).
4.17. Upon receipt from the collecting bank of compensation for banknotes of foreign states (groups of foreign states) or checks accepted for collection, the authorized bank (branch) shall send a written notification to the individual about the decision of the collecting bank.
Upon receipt of a refund from a collecting bank for banknotes of foreign states (groups of foreign states) or checks accepted for collection, an individual, at his choice, is paid an amount in cash in foreign currency or in cash in the Russian Federation, or the amount is credited in a foreign currency or in the currency of the Russian Federation. Federation to the bank account of an individual. The amount in the currency of the Russian Federation is calculated at the rate of foreign currency received from the collecting bank, established by the authorized bank (branch) on the date of payment of the specified amount to an individual or on the date it is credited to the bank account of an individual.
4.18. When the authorized bank (branch) receives an official response from the collecting bank about the refusal to purchase banknotes of foreign states (a group of foreign states) or checks sent for collection, the authorized bank (branch) sends a written notification to the individual about the decision of the collecting bank with a copy of the official response (extracts from the official response) of the collecting bank. Banknotes of foreign states (groups of foreign states) or checks accepted for collection are returned to an individual in case of their return by the collecting bank.
The original of the official response of the collecting bank about the refusal to purchase banknotes of foreign countries (a group of foreign countries) accepted for collection or checks shall be sent to the documents of the day.
Chapter 5. Final Provisions5.1. This Instruction is subject to official publication in the Bank of Russia Bulletin and shall enter into force on November 1, 2010.
5.2. From the date of entry into force of this Instruction, to declare invalid:
Instruction of the Bank of Russia dated April 28, 2004 N 113-I "On the procedure for opening, closing, organizing the work of exchange offices and the procedure for carrying out certain types of banking operations and other transactions with cash foreign currency and the currency of the Russian Federation, checks (including travel checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on June 2, 2004 N 5824 (" Bulletin of the Bank of Russia "dated June 9, 2004 N 33);
Ordinance of the Bank of Russia of October 7, 2005 N 1626-U "On Amending the Instruction of the Bank of Russia of April 28, 2004 N 113-I" On the procedure for opening, closing, organizing the work of exchange offices and other transactions with cash foreign currency and the currency of the Russian Federation, checks (including traveller's checks), the face value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on November 11, 2005 N 7158 (" Bulletin of the Bank of Russia "dated November 23, 2005 N 62);
Ordinance of the Bank of Russia of November 29, 2006 N 1751-U "On Amending the Instruction of the Bank of Russia of April 28, 2004 N 113-I" On the procedure for opening, closing, organizing the operation of exchange offices and other transactions with cash foreign currency and the currency of the Russian Federation, checks (including traveller's checks), the face value of which is indicated in foreign currency, with the participation of individuals ", registered by the Ministry of Justice of the Russian Federation on December 22, 2006 N 8664 (" Bulletin of the Bank of Russia "dated December 28, 2006 N 74).
Chairman of the Central Bank
Russian Federation
S.M. IGNATIEV
Annex 1
to the Instruction of the Bank of Russia
"On the procedure for implementation
authorized banks
(branches) of certain types
with checks (including
the cost of which is indicated
in foreign currency,
with the participation of individuals "
Operation sequence number | Operation time HH.MM | Operation type code | Foreign currency rate (cross rate) for the operation | Cash funds | Payment card | Accepted (issued) by a cashier of checks (including traveller's checks), the face value of which is indicated in foreign currency | Account number | Power of attorney | Individual citizenship | |||||
accepted by cashier | issued by a cashier | |||||||||||||
currency code | sum | currency code | sum | number of checks | currency code | sum | ||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
Total for the register:
The procedure for filling out the Register of operations with cash currency and checks<*>At the discretion of the authorized bank (branch), other information may be included in the Register of operations with cash currency and checks, provided that the information, the obligatory indication of which is established by this Instruction, is preserved, including information obtained during the identification of an individual in the cases and in the procedure established the legislation of the Russian Federation, as well as the amount of commission (if charged), the inclusion of which in the Register of operations with cash currency and checks can be carried out, inter alia, by reflecting them in additional columns of the Register of operations with cash currency and checks.
The heading part of the Register of operations with cash currency and checks shall indicate the full (abbreviated) corporate name of the authorized bank (name of the branch), the registration number of the authorized bank (serial number of the branch) assigned by the Bank of Russia, the location (address) of the authorized bank (branch), the name of the internal the structural unit of the authorized bank (branch) and its location (address), the date of filling out the Register of operations with cash currency and checks, the serial number of the Register of operations with cash currency and checks during the working day.
The amounts of cash foreign currency and the currency of the Russian Federation in the Register of operations with cash currency and checks are indicated in units of foreign currency and the currency of the Russian Federation, respectively, with an accuracy of two decimal places.
The Register of operations with cash currency and checks shall indicate:
in column 1 - the serial number of the operation being carried out in the Register of operations with cash currency and checks;
in column 2 - the time of the transaction in hours and minutes (time of filling in the line of the Register of operations with cash currency and checks);
in column 3 - the code of the type of operation in accordance with the Classifier of types of operations with foreign currency in cash and checks, given in Appendix 2 to these Instructions;
in column 4 - the foreign currency rate (cross rate) used in the operation. This column is not filled in in cases when the foreign currency exchange rate (cross-rate) is not used during the operation, as well as when the operation is carried out using a payment card;
in column 5 - code<*>cash foreign currency or the currency of the Russian Federation accepted by a cashier from an individual;
<*>The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies. To indicate the code of the currency of the Russian Federation, the ruble sign is used - "810".
in column 6 - the amount of cash foreign currency or the currency of the Russian Federation accepted by the cashier from an individual (indicated without taking into account the amount of the commission charged by the authorized bank (branch) for the operation (if charged);
in column 7 - the code of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 8 - the amount of foreign currency in cash or the currency of the Russian Federation issued by a cashier to an individual;
in column 9 - a sign of using a payment card. In the case of a transaction using a payment card, the symbol "X" is put down, in other cases this column is not filled in;
in column 10 - the number of checks accepted (issued) by the cashier;
in column 11 - currency code<*>the face value of checks accepted from an individual (issued to an individual);
<*>The digital currency code is indicated in accordance with the All-Russian Classifier of Currencies.
in column 12 - the amount of checks accepted from an individual (issued to an individual);
in column 13 - the number of the bank account, account for the deposit of an individual. This column is not filled in when performing an operation without using a bank account, an account for a deposit of an individual. When carrying out an operation using a payment card, this column can be filled in if the cashier has information about the number of the bank account opened for transactions using the payment card;
in column 14 - the sign of the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney. In the case of an operation under a power of attorney, the symbol "X" is put down, in other cases this column is not filled in;
in column 15 - country code<*>citizenship of an individual. This column is filled in when carrying out an operation with the identification of an individual in the cases and in the manner established by the legislation of the Russian Federation. This column can be filled in in other cases if the cashier has information about the citizenship of an individual. When carrying out the operation by an individual who is a representative of another individual and acting on his behalf by power of attorney, this column shall indicate information about the citizenship of the individual who issued the power of attorney. If the operation is carried out by a stateless individual, this column is not filled in.
<*>The digital code of the country is indicated in accordance with the All-Russian Classifier of the World.
Appendix 2
to the Instruction of the Bank of Russia
dated September 16, 2010 N 136-I
"On the procedure for implementation
authorized banks
(branches) of certain types
cash banking
foreign exchange and transactions
with checks (including
traveller's checks), nominal
the cost of which is indicated
in foreign currency,
with the participation of individuals "
Appendix 3
to the Instruction of the Bank of Russia
dated September 16, 2010 N 136-I
"On the procedure for implementation
authorized banks
(branches) of certain types
cash banking
foreign exchange and transactions
with checks (including
traveller's checks), nominal
the cost of which is indicated
in foreign currency,
with the participation of individuals "
<*>At the discretion of the authorized bank (branch), other information may be reflected in the confirming document, provided that the information is preserved, the obligatory indication of which is established by this Instruction.
1. Full (abbreviated) corporate name of the authorized bank (name of the branch) or full (abbreviated) corporate name of the authorized bank (name of the branch) and the name of the internal structural unit of the authorized bank (branch).
2. Registration number of the authorized bank (serial number of the branch).
3. Location (address) of the authorized bank (branch) or internal structural unit of the authorized bank (branch), in which the operation with foreign currency in cash and checks is carried out.
4. The serial number of the operation in cash foreign currency and checks, indicated in the Register of operations with cash foreign currency and checks.
5. The date and time of the transaction with foreign currency cash and checks indicated in the Register of operations with cash foreign currency and checks.
6. Code of the type of operation indicated in the Register of operations with cash currency and checks.
7. Surname, name, patronymic (if any) of an individual<*>.
8. Name, series and number (if any) of the identity document of an individual<*>.
<*>The information specified in clauses 7 and 8 of this appendix is entered by the cashier in the supporting document only at the request of an individual performing an operation with foreign currency in cash and checks. When carrying out an operation with foreign currency in cash and checks by an individual who is a representative of another individual and acting on his behalf under a power of attorney, information about the individual who issued the power of attorney is indicated.
9. Foreign currency rate or cross rate of foreign currency.
10. Accepted:
10.1. Cash currency: currency code and name, amount.
10.2. Checks: currency code and name, amount of checks, number of checks.
11. Issued by:
11.1. Cash currency: currency code and name, amount.
11.2. Checks: currency code and name, amount of checks, number of checks.
12. Signature of the cashier.
Appendix 4
to the Instruction of the Bank of Russia
dated September 16, 2010 N 136-I
"On the procedure for implementation
authorized banks
(branches) of certain types
cash banking
foreign exchange and transactions
with checks (including
traveller's checks), nominal
the cost of which is indicated
in foreign currency,
with the participation of individuals "
Full (abbreviated) corporate name of the authorized bank \ r \ n (name of the branch) ___________________________________________ \ r \ n Registration number of the authorized bank (serial number \ r \ nbranch) _________________________________________________________ \ r \ n Location (address) of the authorized bank (branch) __________ \ r \ nName of the internal structural unit \ r \ nAuthorized bank (branch) __________________________________ \ r \ nLocation (address) of the internal structural unit \ r \ nAuthorized bank (branch) __________________________________ \ r \ n \ r \ n Receipt N \ r \ n for collection banknotes of foreign \ r \ n states (groups of foreign states) or checks<*>\ r \ n "__" __________ 20__ \ r \ n \ r \ nThis receipt is issued to confirm that \ r \ n _________________________________________________________________, \ r \ n (full name of an individual) \ r \ ndocument , identification: \ r \ n _________________________________________________________________, \ r \ n (name, series and number (if any) \ r \ naddress of the place of residence (place of stay): \ r \ n _________________________________________________________________, \ r \ n was accepted for collection sign of a foreign state \ r \ n (group of foreign states) (check): \ r \ n _________________________________________________________________. \ r \ n (for bank notes of a foreign state (group of foreign \ r \ nstates): currency name, denomination, series, number, year \ r \ n of issue, additional details (for US banknotes - \ r \ nalphanumeric value, check letter, quadrant number, number \ r \ ncliche front and back sides; for banknotes of countries - members of the \ r \ n European union - alphanumeric label), name \ r \ n of the issuer (if possible to indicate it), quantity; \ r \ nfor checks: name, its number and date, amount with indication of \ r \ nname of currency, name of issuer and person who issued the check \ r \ n (if possible, specifying them), sign (resident or non-resident) \ r \ nfor the issuer of the check or the person who issued the check, an indication that the check has been issued \ r \ nto the bearer, if such a check is issued to the bearer, quantity) \ r \ n \ r \ n Cashier ________________________ (full name) \ r \ n (signature) \ r \ n \ r \ n \ r \ n<*>At the discretion of the authorized bank (branch), the receipt \ r \ n may contain other information, provided that the information \ r \ n is required to be indicated by this Instruction. \ r \ n
On the website "Zakonbase" the INSTRUCTIONS of the Central Bank of the Russian Federation dated 16.09.2010 N 136-I "ON THE PROCEDURE FOR IMPLEMENTATION BY AUTHORIZED BANKS (BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND OPERATING CASH IN FOREIGN CURRENCY, WITH PARTICIPATION OF INDIVIDUALS "in the most latest edition... It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use the convenient navigation or advanced search.
On the website "Zakonbase" you will find the INSTRUCTIONS of the Central Bank of the Russian Federation dated 16.09.2010 N 136-I "ON THE PROCEDURE FOR IMPLEMENTATION BY AUTHORIZED BANKS (BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND OPERATION INDICATED IN FOREIGN CURRENCY, WITH PARTICIPATION OF INDIVIDUALS "in the fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, download the INSTRUCTIONS of the Central Bank of the Russian Federation of September 16, 2010 N 136-I "ON THE PROCEDURE FOR IMPLEMENTATION BY AUTHORIZED BANKS (BRANCHES) OF SEPARATE TYPES OF BANKING OPERATIONS WITH CASH FOREIGN CURRENCY AND EXCHANGE IN CURRENCY , WITH PARTICIPATION OF INDIVIDUALS "is completely free, both completely and in separate chapters.
The need to amend the current procedure for exchanging currencies was dictated by the abolition of the concept of "exchange office", around which the entire previous Instruction No. 113 was built? but new document caused many new questions and problems among bank employees.
Instruction of the Central Bank of the Russian Federation of September 16, 2010 No. 136-I "On the procedure for authorized banks (branches) to carry out certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ”(hereinafter referred to as Instruction No. 136-I) was published in the Bulletin of the Bank of Russia No. 55 dated October 6, 2010 and entered into force on November 1, 2010. And “On the procedure for opening, closing, organizing the work of exchange offices and the procedure for authorized banks to carry out certain types of banking operations and other transactions with foreign currency in cash and the currency of the Russian Federation, checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ”(hereinafter - Instruction No. 113-I).
The need to amend the current procedure for exchanging currencies was dictated primarily by the abolition of the concept of "exchange office", around which the entire Instruction No. 113-I was built. In accordance with the Instruction of the Central Bank of the Russian Federation dated 02.04.2010 No. 2324-U "On the transfer of exchange offices to the status of other types of internal structural divisions of credit institutions (branches of credit institutions), on the closure of exchange offices and on streamlining the activities of internal structural divisions" exchange offices of credit institutions (branches) no later than October 1, 2010 were to be closed or transferred to the status of internal structural divisions of a different type.
The new instruction is much shorter than its predecessor, which is not surprising: it lacks sections regulating the procedure for opening, closing and organizing the work of exchange offices, as well as some other fragments. The paradox is that the excluded fragments of the text in most cases are not duplicated by other regulations and are not accompanied by explanations of how to proceed in certain situations in the absence of regulation.
List of operations performed
The reference to transactions with the currency of the Russian Federation has been excluded from the preamble to the document. However, this does not mean that operations with rubles are completely excluded from the sphere of influence of Instruction No. 136-I, since the currency of the Russian Federation is used in many operations regulated by this document.
According to clause 1.1 of Instruction No. 136-I, an authorized bank or its branch may carry out all or some operations with foreign currency cash and checks from among those provided for in Chapter 3 of the Instruction. The list of operations carried out with foreign currency in cash and checks is established by the authorized bank (branch) as a whole for the bank (branch), as well as for each internal structural unit based on the list of transactions delegated to this unit in accordance with the requirements of the Central Bank of the Russian Federation Instruction No. 135 dated 02.04.2010 -I "On the procedure for the Bank of Russia to make a decision on the state registration of credit institutions and the issuance of licenses for banking operations."
The question arises: should banks, in connection with the entry into force of Instruction No. 136-I, re-establish the list of operations for all their divisions, approve it with internal administrative documents and report them to the Bank of Russia? Apparently, yes, because both the list itself and the wording of individual paragraphs have undergone significant changes. For banks with many internal structural divisions that carry out operations with cash currency and checks (additional offices, operational offices, operating cash registers outside the checkout), this can be a serious problem.
Bank of Russia regulations do not provide for any additional deadlines for making the appropriate changes to the lists of operations for existing units. This means that from the date of entry into force of Instruction No. 136-I (from November 1, 2010), all the wording had to meet the new requirements.
The wording of some operations has been clarified. Thus, the "group of states" (in the context of the emission of foreign currency) is now referred to as the "group of foreign states" (clauses 3.1.3, 3.1.4 of Instruction No. 136-I). "Individual accounts" were divided into "retail bank accounts" and "individual deposit accounts" (clauses 3.1.10, 3.1.11, 3.1.12-3.1.15, 3.1.18-3.1.21 of Instruction No. 136 -AND).
“Funds” became “cash” (paragraphs 3.1.12-3.1.17).
The following items have disappeared from the list of operations with foreign currency in cash and checks that an authorized bank or its branch can carry out:
- replacement of a damaged banknote (banknotes) of a foreign state (group of states) with an intact banknote (banknotes) of the same foreign state (group of states) (clause 3.1.5 of Instruction No. 113-I);
- replacement of a damaged banknote (banknotes) of a foreign state (group of states) with an intact banknote (banknotes) of another foreign state (group of states) (clause 3.1.6 of Instruction No. 113-I);
- purchase of a damaged banknote (banknotes) of a foreign state (group of states) for the cash currency of the Russian Federation (clause 3.1.7 of Instruction No. 113-I);
- acceptance of damaged banknotes of foreign states (a group of states) for crediting to the accounts of individuals (clause 3.2.10 of Instruction No. 113-I);
- acceptance of banknotes of foreign states (a group of states) and banknotes of the Bank of Russia that raise doubts about their authenticity, for sending them for examination (clause 3.1.8 of Instruction No. 113-I);
- payment for checks in cash in the Russian Federation (clause 3.1.13 of Instruction No. 113-I);
- payment of checks in cash foreign currency (clause 3.1.14 of Instruction No. 113-I);
- acceptance of the cash currency of the Russian Federation for crediting to the accounts of individuals and its issuance from these accounts (clauses 3.1.17, 3.1.19, 3.2.13, 3.2.16 of Instruction No. 113-I);
- acceptance and issue of the currency of the Russian Federation for transfers on instructions from individuals without opening an account (clauses 3.2.6, 3.2.8 of Instruction No. 113-I);
- acceptance of banknotes of foreign states (a group of states) that raise doubts about their authenticity, to verify their authenticity (clause 3.2.9 of Instruction No. 113-I).
Does this mean that banks are now unable to carry out these operations?
Here we should mention one more current regulatory act of the Bank of Russia: Ordinance of the Central Bank of the Russian Federation of August 14, 2008 No. 2054-U "On the procedure for conducting cash transactions with foreign currency in cash in authorized banks on the territory of the Russian Federation" (hereinafter - Ordinance No. 2054-U). According to clause 3.9 of this document, “damaged banknotes that do not have any signs of counterfeiting can be bought for rubles or replaced with intact banknotes, a coin of the corresponding foreign state (group of foreign states) or intact banknotes, a coin of another foreign state (group of foreign states)" ...
As for the examination of dubious banknotes, then about it it comes in clause 16.14 of the Regulation of the Central Bank of the Russian Federation of 24.04.2008 No. 318-P "On the procedure for conducting cash transactions and the rules for storing, transporting and collecting banknotes and coins of the Bank of Russia in credit institutions on the territory of the Russian Federation" (hereinafter - Regulation No. 318-P) , as well as in clause 3.5 of Directive No. 2054-U.
The mention that accepting banknotes that raise doubts about their authenticity for submission for examination is a mandatory operation for authorized banks and their branches (clause 3.3 of Instruction No. 113-I) is also excluded from the new document. Thus, the obligatory operations with foreign currency and checks no longer exist.
Regarding the exclusion from the list of transactions of "payment for checks" in rubles and foreign currency, it can be assumed that these operations fit into the concept of "purchase of checks", that is, thus, duplication is simply excluded.
Operations with the cash currency of the Russian Federation (acceptance for crediting to accounts of individuals, withdrawal from accounts, acceptance and withdrawal of transfers without opening an account) are obviously excluded from the list due to the fact that Instruction No. 136-I, unlike its predecessor , regulates only operations with cash foreign currency and checks.
Acceptance of banknotes of foreign states for verification of their authenticity is provided for in clause 3.7 of Instruction No. 2054-U.
Acceptance of damaged banknotes of foreign countries for crediting to the accounts of individuals (clause 3.2.10 of Instruction No. 113-I) can probably be included in paragraphs 3.1.18 and 3.1.19 of Instruction No. 136-I “Acceptance of foreign currency in cash for crediting to bank accounts, individual deposit accounts "in foreign currency and in the currency of the Russian Federation.
Consequently, even those transactions that are not included in the list do not become prohibited and may well be carried out by an authorized bank (branch). But why it was necessary to exclude from the list the acceptance of damaged banknotes, the examination of dubious ones and the acceptance of banknotes of foreign states to verify their authenticity is not clear.
Problems with transactions excluded from the list arise, in particular, also because such transactions were not included either in the "Classifier of types of transactions with foreign currency and checks" (Appendix 2 to Instruction No. 136-I), or in new order accounting of such operations (Ordinance of the Central Bank of the Russian Federation of 13.12.2010 No. 2538-U "On the procedure for accounting by authorized banks (branches) of certain types of banking operations with foreign currency in cash and operations with checks (including traveller's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals ”(hereinafter - Instruction No. 2538-U)).
In the previous wording, the list remained following operations:
- purchase of foreign currency in cash for the cash currency of the Russian Federation;
- sale of foreign currency in cash for the cash currency of the Russian Federation;
- purchase of checks for the cash currency of the Russian Federation;
- purchase of checks for cash foreign currency;
- sale of checks for the cash currency of the Russian Federation;
- sale of checks for cash foreign currency.
In other cases, the wording has changed slightly.
Procedure for dealing with damaged banknotes
Most of the questions in connection with the exclusion of some operations from the list arise regarding the purchase and acceptance of damaged banknotes for collection.
According to information from seminars held by representatives of the Bank of Russia, despite the exclusion of the above operation from the list, credit organisation has the right to purchase damaged banknotes "with appropriate conditions: for example, take a commission for this operation." Another option is to set a different rate for the purchase of such banknotes (lower than usual).
Thus, accepting (buying) damaged banknotes with a certain commission, the bank will have to register this operation in the register with code 1 "Purchase of foreign currency in cash for the cash of the Russian Federation" and reflect it in accounting as a regular purchase of foreign currency in cash, but with terms differing from other similar transactions (with a commission or at a different rate). However, in the Register of operations with cash currency and checks (Appendix 1 to Instruction No. 136-I), there is no place for reflecting commissions (however, the rules are allowed to include "other information" in the register: in our case, these will be the columns "commission" and "code commission currency "or something like that).
You can also take damaged banknotes for collection - just like ordinary banknotes (clause 3.1.9 of Instruction No. 136-I).
The replacement of damaged banknotes of a foreign state with intact banknotes of the same foreign state will probably have to be "adjusted" to the exchange operation (code 04 according to the classifier). Also with a separate commission.
Here, however, its own problems arise. So, if damaged and undamaged banknotes are accounted for on different personal accounts, then such an exchange should be reflected accounting entry, although according to the current exchange rules accounting records not drawn up (clause 2.4 of Directive No. 2538-U). If all banknotes are on one account, then there will be no exchange transactions at all, except for the commission (received, from the point of view of accounting, it is not clear why). And how then to prove that it was the damaged bill that was accepted (exchanged) with the commission?
In addition, there are also moral and ethical doubts. If a cashier performs the same (according to documents) operations either with a commission or without it, or at different rates, then various temptations may arise ... and the management of cash departments will have to carefully work out off-system accounting and control over transactions with damaged banknotes. At a minimum, provide for a separate personal cashier account for damaged banknotes.
But the most interesting thing is that even if there is no receipt of damaged banknotes at the stand in the list of operations of internal structural units (VSP) mandatory"Rules for accepting damaged banknotes of foreign states (a group of foreign states), including for sending for collection, developed by an authorized bank (branch) on the basis of the conditions for accepting these banknotes by their issuers" (clause 2.1.5 of Instruction No. 136-I) ...
The procedure for working with coins of foreign countries
The note that the bank independently decides on the need to work with the coin of foreign states (clause 3.7 of Instruction No. 113-I) moved to the beginning of Instruction No. 136-I (clause 1.3) and was supplemented with the following text:
“If an authorized bank (branch) decides that there is no need to work with a coin of foreign states (a group of foreign states), the payment to individuals when carrying out operations with foreign currency in cash and checks is less than the face value of the minimum banknote of a foreign state (group of foreign states) in the form of a banknote is carried out in the currency of the Russian Federation at the rate set by the authorized bank (branch) in accordance with clauses 2.2 and 2.3 of this Instruction, unless otherwise provided by the contract when performing operations on a bank account, an individual's deposit account. "
Clauses 2.2 and 2.3 of Instruction No. 136-I are regulated by general order the establishment by the bank of the exchange rates of foreign currencies in cash to carry out operations with their use.
Thus, the ruble equivalent of the value of foreign coins paid by the bank to the client in the event that the bank does not work with the coin is determined at the same rate that is used for other operations with foreign currency in cash (in our case, obviously, this is the bank's purchase rate of the corresponding currency). This means that the widespread practice of paying a “fractional part” of received foreign exchange transfers without opening an account in rubles at the exchange rate of the Bank of Russia on the date of payment of the transfer from November 1, 2010 is illegal.
If we are talking about the payment of funds from a bank account or a deposit of an individual, then the rate of "virtual coins" can be determined in accordance with the terms of the bank account agreement, or bank deposit... In the absence of such a condition in the contract, the rate is determined for general grounds in accordance with clauses 2.2 and 2.3 of Instruction No. 136-I.
Information at the stand
The composition of the information that should be placed "in an accessible place for viewing, on a stand or in another format, including on electronic media", is established by clause 2.1 of Instruction No. 136-I, and this is, perhaps, the only fragment of the instruction, really changed in the direction of simplification and softening of requirements (although, strictly speaking, the design of the stand can hardly be attributed to the "hard work of accountants"). Compared to the previous version, the following changes have occurred in this list.
The wording regarding the bank (branch) details has been clarified: instead of the “name, location (postal address) and telephone number” of the authorized bank or its branch, the “full (abbreviated) corporate name of the authorized bank (name of the bank (name of the branch) and the name of the internal structural unit of the authorized bank (branch), their location (address) and telephone or other communication numbers ”.
Rates of foreign currencies to the currency of the Russian Federation, cross rates of foreign currencies must be indicated in the largest of the fonts used when indicating other information posted on the stand. It is possible not to indicate information on the established foreign exchange rates at the stand if the list of operations includes only operations in which foreign exchange rates are not used (earlier it was possible not to place only cross rates if the exchange office did not carry out operations with cash and checks using cross-rates).
Information on the size of the commission charged by the bank for carrying out operations with foreign currency in cash and checks can now be drawn up at the discretion of the bank (previously, it was required to be issued in the form of an extract from the tariffs, certified by the signature of the head and sealed with a round seal of the bank (branch)).
In the clauses dealing with the rules for accepting damaged banknotes of foreign states (clause 2.1.5 of Instruction No. 136-I) and checks (clause 2.1.6), the clarification “including for sending for collection” has been added.
The rules for accepting checks can be set forth in the form chosen by the bank independently (previously, the form was established by Appendix 3 to Instruction No. 113-I).
Information on the procedure and conditions for carrying out operations to transfer funds from the Russian Federation on behalf of individuals without opening bank accounts (clause 2.1.7 of Instruction No. 136-I) can be posted on the stand without certification by the signature of the head and without an imprint of a round seal, as this was previously required by clause 3.5 of Instruction No. 113-I. There was no place in the new document and clause 3.6 of Instruction No. 113-I, which described some aspects of making transfers without opening an account from the Russian Federation (as a result, such transfers remained, one might say, ownerless, because the Regulation of the Central Bank of the Russian Federation dated 01.04.2003 No. 222- P "On the Procedure for Making Non-Cash Payments by Individuals in the Russian Federation" regulates only settlements in rubles and on the territory of the Russian Federation, and the legislation on foreign exchange regulation establishes only general principles and some restrictions for such operations).
It is now possible not to place the following information and documents at the stand:
- the operating mode of the unit (clause 2.1.2 of Instruction No. 113-I);
- information for applications and complaints of individuals related to the work of the exchange office (clause 2.1.5 of Instruction No. 113-I);
- a copy of the positive opinion of the regional branch of the Bank of Russia at the place of opening of the subdivision, certified by the signature of the head and sealed with a round seal (clause 2.1.7 of Instruction No. 113-I);
- the rules for accepting banknotes by an authorized bank (branch), the design of which differs from the design of banknotes that are legal remedy payment on the territory of the relevant foreign state (group of states) (clause 2.1.8 of Instruction No. 113-I);
- signs of solvency of banknotes and coins of the Bank of Russia (clause 2.1.10 of Instruction No. 113-I).
But a new item has been added to the list of information: "information on working with a coin of foreign states (a group of foreign states) in accordance with clause 1.4 of this Instruction." There is an obvious misprint: there is no such point at all in Instruction No. 136-I, I mean paragraph 1.3.
The last number in the list of information is a listing of the items of Instruction No. 136-I, the content of which should be reflected on the stand. In the new edition, it added "other information that contributes to a more complete awareness of individuals about the conditions for carrying out operations with foreign currency in cash and checks." The specified information is placed on the stand at the discretion of the authorized bank (branch).
Requirements for the cash department
Clause 2.2 of Instruction No. 113-I, which describes the requirements for a "separate dossier" in the exchange office, was not included in new edition document. It turns out that now the maintenance of such a dossier is not necessary (and this version is confirmed from the last seminars of the Bank of Russia).
The requirements for providing the exchange office with reference materials for determining the solvency of Bank of Russia banknotes, the authenticity of banknotes of foreign states (a group of states), as well as technical means of monitoring the authenticity of banknotes (clause 2.3 of Instruction No. 113-I) have also been excluded.
Even taking into account the fact that there are no more exchange offices, this is rather strange; after all, no others regulations The Bank of Russia does not require the presence of such reference materials in cash departments (except perhaps for clause 3.2 of Ordinance No. 2054-U, where they are briefly mentioned).
The requirement for the cashier (with him) to have an identity document, as well as an official document or internal pass with a photo, signatures and a seal (clause 2.4 of Instruction No. 113-I) has been excluded. Nevertheless, as it was said at one of the seminars, the cashier's documents should still be: "This is implied - after all, if suddenly a check comes on a complaint against the cashier, then how will they find out who they are talking to?"
There are no more in the Instructions and restrictions on the list of persons who may be in the premises of the exchange office (clause 2.5).
The ending follows
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