The most important concepts of the system of currency regulation are the concepts of "resident" and "non-resident", representing the subjects of currency law, carrying out transactions with foreign and national currencies.

TO residents relate:

individuals who are citizens Russian Federation, with the exception of citizens of the Russian Federation recognized as permanently residing in a foreign state in accordance with the legislation of that state;
permanently residing in the Russian Federation on the basis of a residence permit provided for by the legislation of the Russian Federation, Foreign citizens and stateless persons;
legal lime trees created in accordance with the legislation of the Russian Federation;
branches, representative offices and other subdivisions of residents located outside the territory of the Russian Federation, created in accordance with the legislation of the Russian Federation;
diplomatic missions, consular offices of the Russian Federation and other official missions of the Russian Federation located outside the territory of the Russian Federation, as well as permanent missions of the Russian Federation to interstate or intergovernmental organizations;
Russian Federation, its subjects, municipalities that act in a relationship governed by foreign exchange legislation and other regulatory legal acts.

Non-residents- this is:

individuals who are not citizens of the Russian Federation and who have permanent place residence outside the territory of the Russian Federation;
legal entities created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
organizations that are not legal entities, created in accordance with the legislation of foreign states and located outside the territory of the Russian Federation;
accredited in the Russian Federation diplomatic missions, consular offices of foreign states and permanent missions of these states at interstate or intergovernmental organizations;
interstate and intergovernmental organizations, their branches and permanent missions in the Russian Federation;
branches, permanent missions and other separate or independent structural divisions of non-residents located in the territory of the Russian Federation, specified in subparagraphs "b" and "c".

Residents are entitled to have accounts in foreign currency both in the Russian Federation and abroad. In accordance with the current Law "On banks and banking»The number of foreign currency accounts opened by residents in authorized banks is unlimited.

Since July 1, 2005, residents have been granted the right to open without restrictions accounts (deposits) in foreign currency and banks located on the territory of foreign states that are members of the Organization for Economic Cooperation and Development (OECD) or the Financial Action Task Force on Money Laundering (FATF) ... In this case, residents are required to notify tax authorities at the place of its registration on the opening (closing) of such accounts (deposits) no later than one month from the date of conclusion (termination) of an agreement on opening an account (deposit) with a bank located outside the Russian Federation.

In turn, non-residents have the right to open on the territory of the Russian Federation bank accounts(deposits) in foreign currency and Russian rubles in authorized banks. The procedure for opening and maintaining bank accounts (deposits) of non-residents opened on the territory of the Russian Federation is established by the Central Bank of the Russian Federation.

Foreign currency received by resident legal entities is subject to mandatory crediting to their accounts with authorized banks, unless otherwise specified The central bank RF.

The relationship between the bank and the owner of the current foreign exchange account and the transit foreign exchange account is established on the basis of the bank account agreement concluded by the parties.

Currency transactions between residents and non-residents are carried out without restrictions, with the exception of currency transactions, in respect of which restrictions are established in order to prevent a significant reduction in gold and foreign exchange reserves, sharp fluctuations in the exchange rate of the Russian Federation, as well as to maintain the stability of the balance of payments of the Russian Federation. These restrictions are of a non-discriminatory nature and are canceled by the currency regulation authorities as the circumstances that caused their establishment are eliminated.

Currency transactions between residents and non-residents related to non-cash settlements are carried out using bank and special accounts. At the same time, foreign exchange transactions, for which the Bank of Russia has established a requirement to use a special account, are carried out only using a special account.

These transactions include settlements and transfers when granting loans and borrowings in foreign currency by residents to non-residents, as well as when receiving loans and borrowings in foreign currency by residents from non-residents.

Special account- a bank account in an authorized bank, Either a special section of the depo account, or opened by the registrars in the register of owners valuable papers a special section of a personal account for recording rights to securities, used to carry out foreign exchange transactions on it in cases established in accordance with foreign exchange legislation.

Authorized banks open to residents the following types special bank accounts in foreign currency:

account "F" is opened for an individual - a resident, including for settlements and transfers when a loan is provided to a non-resident in foreign currency and a resident receives a loan and a loan in foreign currency from a non-resident;
account "Р1" is opened for a resident (an individual - an individual entrepreneur and a legal entity), including for settlements and transfers when obtaining a loan and a loan in foreign currency from a non-resident;
the P2 account is opened for a resident (an individual - an individual entrepreneur and a legal entity), including for settlements and transfers when a loan is provided to a non-resident in foreign currency.

Authorized banks open to non-residents (individuals and legal entities, including non-resident banks, as well as foreign diplomatic and other official representations located in the Russian Federation, international organizations, their branches and representative offices) the following types of special bank accounts in the currency of the Russian Federation:

account "C" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of bonds issued on behalf of the Russian Federation, which are domestic securities, including settlements and transfers related to the transfer of these bonds;
account "A" is opened for a non-resident for the acquisition from a resident and alienation in favor of the resident of shares and investment units of unit shares investment funds which are internal securities, including settlements and transfers associated with the transfer of these shares and investment units;
account "O" is opened for a non-resident for the purchase from a resident and alienation in favor of a resident of bonds of residents and non-residents that are domestic securities (except for bonds issued on behalf of the Russian Federation that are domestic securities), including settlements and transfers associated with the transfer of these bonds;
account "B1" is opened for a non-resident for settlements and transfers when receiving a loan and a loan in the currency of the Russian Federation from a resident; to attract from a resident the currency of the Russian Federation received from the initial placement (issue) of shares and bonds, which are domestic securities, the issuer of which is a non-resident - holder of the B1 account, from the issuance by a non-resident - holder of the B1 account, to a resident of promissory notes that are internal securities papers;
account "B2" is opened for a non-resident for settlements and transfers when granting a credit and a loan to a resident in the currency of the Russian Federation; for the purchase from a resident of domestic non-equity securities, including settlements and transfers related to the transfer of domestic non-equity securities; for the alienation in favor of a resident of domestic non-equity securities (except for bills of exchange that are domestic securities), including settlements and transfers associated with the transfer of these domestic non-equity securities.

Non-residents shall open the specified special bank accounts in the currency of the Russian Federation with an authorized bank, subject to the opening or availability of bank accounts of non-residents opened in this authorized bank in the currency of the Russian Federation.

All other foreign exchange transactions with residents are carried out by non-residents without using special accounts.

Settlements and transfers when non-residents provide loans and borrowings in the currency of the Russian Federation to residents for a period of more than three years, as well as settlements and transfers when residents issue bonds that are domestic securities, redemption and payments for which are not expected in the first three years from the date of issue of the specified bonds are carried out by non-residents without using special accounts.

Non-residents make settlements in cash in the currency of the Russian Federation using bank accounts in the currency of the Russian Federation opened with authorized banks.

When making settlements in cash in the currency of the Russian Federation, non-residents are obliged to comply with the procedure for settlements in cash established for residents by the legislation of the Russian Federation, including limit size settlements in cash between legal entities, established by the Bank of Russia.

Currency transactions between residents are prohibited, with the exception of:

transactions related to settlements in duty-free shops, as well as settlements in the sale of goods and the provision of services to passengers along the route Vehicle for international transportation;
operations between commission agents (agents, attorneys) and committees (principals, trustees) when commission agents (agents, attorneys) provide services related to the conclusion and execution of contracts with non-residents on the transfer of goods, performance of work, on the provision of services, on the transfer of information and intellectual results activities, including exclusive rights to them;
transactions of legal entities with funds credited in accordance with currency legislation to accounts (deposits) opened with banks outside the territory of the Russian Federation, with the exception of currency transactions between residents;
transactions of individuals not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited in accordance with currency legislation to accounts (deposits) opened with banks outside the territory of the Russian Federation;
transactions of resident individuals related to:
1. transmission currency values as a gift to the Russian Federation, a constituent entity of the Federation and (or) a municipal formation;
2. donation of currency values to a spouse and close relatives;
3. bequeathing currency values or receiving them by inheritance;
4. acquisition and alienation by a resident natural person for the purpose of collecting single banknotes and coins;
5. a transfer by an individual - a resident from the Russian Federation and to the Russian Federation without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may only provide for a limitation of the transfer amount, as well as a postal order;
6. purchase from an authorized bank or sale to an authorized bank by an individual resident in cash foreign currency, exchange, replacement of banknotes of a foreign state (group of foreign states), as well as acceptance of foreign currency cash for collection to banks outside the territory of the Russian Federation;
operations under contracts of forwarding, carriage and chartering (charter) when the forwarder, carrier and charterer provide services related to the carriage of goods exported from the Russian Federation or imported into the Russian Federation, transit carriage of goods across the territory of the Russian Federation, as well as under insurance contracts for these goods ;
transactions with external securities issued on behalf of the Russian Federation, carried out through trade organizers on the securities market of the Russian Federation, subject to the registration of rights to such securities in depositories established in accordance with the legislation of the Russian Federation;
transactions of legal entities with external securities, provided that the rights to such securities are recorded in depositories established in accordance with the legislation of the Russian Federation and settlements are made in the currency of the Russian Federation;
transactions related to the implementation of mandatory payments (taxes, fees and other payments) in federal budget, the budget of the constituent entity of the Federation, local budget in foreign currency in accordance with the legislation of the Russian Federation.

Foreign exchange operations on transactions between authorized banks, performed by them on their own behalf and at their own expense, are carried out in the manner prescribed by the Central Bank.

Currency transactions between residents and authorized banks related to;

receipt and return of loans and borrowings, payment of interest and penalties under the relevant agreements;
making Money residents to bank accounts (in bank deposits) and receiving funds from residents' bank accounts (bank deposits);
bank guarantees, as well as with the fulfillment by residents of obligations under surety and pledge agreements;
the acquisition by residents from authorized banks of bills issued by these or other authorized banks, presentation of them for payment, receipt of payment thereon, including by way of recourse, collection of penalties on them, as well as with the alienation by residents of these bills of exchange to authorized banks in accordance with the procedure established Federal law dated March 11, 1997 No. 48-FZ "On bills of exchange and promissory notes";
purchase and sale by individuals of cash and non-cash foreign currency and checks (including traveller's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of a foreign state (a group of foreign states ), acceptance for sending foreign currency cash and checks (including traveller's checks) for collection to banks outside the territory of the Russian Federation, the nominal value of which is indicated in foreign currency, not for the purpose of carrying out entrepreneurial activities by individuals;
payment of commission to authorized banks;
other foreign exchange transactions classified as banking operations in accordance with the legislation of the Russian Federation.

Currency transactions between non-residents... Non-residents have the right, without restrictions, to carry out transfers of foreign currency from accounts (from deposits) in banks outside the territory of the Russian Federation to bank accounts (in bank deposits) in authorized banks or bank accounts (bank deposits) in authorized banks to accounts (in deposits) in banks outside the territory of the Russian Federation or in authorized banks.

Non-residents have the right to carry out foreign exchange operations with domestic securities among themselves on the territory of the Russian Federation, taking into account the requirements established antitrust law Of the Russian Federation and the legislation of the Russian Federation on the securities market, in accordance with the procedure established by the Central Bank, which may provide for the requirement to use a special account when performing these foreign exchange transactions.

Currency transactions between non-residents on the territory of the Russian Federation in the currency of the Russian Federation are carried out through bank accounts (bank deposits) opened on the territory of the Russian Federation in the manner prescribed by the currency legislation of the Russian Federation.

Few of us, leaving the country, think about the specifics of our status, and yet ignorance can lead to consequences. Do the words "residents" and "non-residents" tell you something? Just imagine: you went to study or for treatment abroad and, of course, for the convenience of calculations, you decided to open your own account in a foreign bank. Can you imagine that such a seemingly simple action can lead to the payment of penalties at home? In order to avoid unpleasant consequences, it is worth knowing that on the territory of the Russian Federation there is such a concept, "resident" and "non-resident". How these terms differ, we will try to figure it out.

Who are currency non-residents

This category of people includes citizens who have lived in other states for at least a year, who have a work or study visa for at least a year, or who have a residence permit. In a common example, it looks like this: you live in England, have a residence permit in this country, and your child has been studying at one of the country's colleges for more than a year. Thus, you are a non-resident of the Russian Federation and have full right open an account in any foreign bank. There are no restrictions on transactions on these accounts. This, in fact, is the difference between currency residents and non-residents from each other.

Features and rights of currency residents

All categories of citizens that do not meet the criteria discussed above are automatically recognized as foreign currency residents of the Russian Federation. Which means there is no right to open bank accounts abroad without notifying the tax authorities of the Russian Federation. Even if you went on vacation to another country, this does not give you the right to open a bank account in this state. If suddenly there is such a situation that the account was nevertheless opened, you are obliged to notify the tax authorities of your homeland within a month by submitting a corresponding notification. In turn, the tax office must check the acceptance of your notice. By law, you can conduct transactions with your accounts in a foreign bank only if you provide employees with this notification.

Currency transactions of residents and non-residents of our country between these categories of citizens are allowed, but with some exceptions. Lawyers who have the maximum knowledge of the amendments made to the legislation at the moment will tell in more detail about the nuances.

Transactions between non-residents

Foreign exchange settlements for this category of citizens in banks located outside the Russian Federation are allowed. Also, non-residents have the right to carry out the movement of securities on the territory of the Russian Federation in accordance with the legislation, and on the territory of the country non-residents can carry out the movement own funds in Russian banks in a specially prescribed manner.

Currency transactions of residents of the Russian Federation

Transactions in foreign currency between residents are prohibited, with some exceptions. The most common exceptions are: payments in shops where duty-free goods are sold, payments in the route of long-distance transport (provided that this transportation is international). It is also allowed to use foreign currency when paying mandatory taxes and fees to the federal budget.

So, resident and non-resident - how are they different from each other? It is rather difficult to figure it out. Sometimes they even get confused bank employees trying to assign the correct status to a citizen. And it is absolutely impossible to understand whether the sanctions toughened by the new legislation will bring order to the actions of representatives of such categories as residents and non-residents of the Russian Federation.

After all, citizens who have the opportunity to open an account in a bank of another state are unlikely to pay attention to a fine of five thousand rubles, for them such expenses are most likely not significant. In addition, the amendments do not take into account non-resident companies abroad that are used instead of opening private accounts. Formally, such calculations are not a violation of the law.

In any case, residents and non-residents are obliged to provide the authorized bodies with all the necessary information on the movement of their own foreign exchange funds in accordance with the list provided by law. You will still have to keep records of such funds and draw up reports, regardless of your status.

The concept is contained in the Law "On Currency Regulation and Currency Control", in article 1.

A resident is:

Individual
1. Citizen of the Russian Federation, except for:
  1. Permanently residing abroad for at least 1 year;
  2. Having a residence permit of a foreign state;

Temporarily staying abroad for at least 1 year (work / study visa - at least 1 year).

Having a residence permit of the Russian Federation.
Legal entities - on the territory of the Russian Federation, in accordance with the legislation of the Russian Federation.
Branches of the legal entity specified in clause 3 abroad;
Consulates, diplomatic organizations of the Russian Federation located abroad;

A non-resident is:

Not citizens of the Russian Federation;
Legal entities on the territory of a foreign state, created in accordance with the legislation of this state;
Non-legal entities created not under Russian law;
Consulates, diplomatic organizations of foreign states;
Branches / representative offices of intergovernmental and interstate organizations;
Branches / representative offices of foreign legal entities;

Currency operations:

Currency transactions between residents:

Purchase by a resident from a resident;
Sale by a resident to a resident of currency values;
Currency as a means of payment;
Currency transfer between residents;

Currency transactions between residents and non-residents:

Purchase by a resident from a non-resident / non-resident from a resident;
Sale by a resident / non-resident to a non-resident / resident of currency values;
Currency as a means of payment;

Currency transactions between non-residents:

Purchase by a non-resident from a non-resident;
Sale of currency valuables by a non-resident to a non-resident;
Currency as a means of payment;

Import and export of currency;
Currency translation.

So far, the instruction on foreign exchange transactions from 2012 is in force, but from January 1, 2012 it will become invalid. A new instruction will come into force. The information presented in the article will be based on the instructions effective from January 1, 2018. This instruction applies to residents and non-residents, except for non-resident individuals.

Documents for foreign exchange transactions

Resident rules

After the currency is credited to the transit account, the resident is obliged to submit the documents to the bank no later than 15 business days.

List of documents:

Passport, other identity document;
Certificate of registration of an individual entrepreneur, legal entity;
Confirmation of tax registration;
With regard to real estate - this can be a purchase and sale agreement, or another document confirming the rights to it;
Confirmation of opening an account outside the territory of the Russian Federation;
Basis for a currency transaction: contract, agreement, invoices, etc .;
Documents issued by the bank (receipts, statements);
Customs documents;
Passport of the transaction - a set of information about the parties to a currency transaction, specifying a specific type of currency, the amount of the transaction, interest rate(for a loan), payment schedule. The transaction passport is a complex document of all other documents, presenting information in a compressed form;
Kinship documents (marriage certificate, birth certificate, etc.);
Residence permit of a foreign state (for citizens of the Russian Federation);
Factoring agreement, if any;
Confirmation of a currency transaction (receipt, statement).

For non-residents:

The above plus:

Confirmation of the possibility of carrying out foreign exchange transactions, if such a requirement exists in a foreign country.

When conducting foreign exchange transactions, the transaction type code is of great importance. The list of codes is contained in Appendix 1 to the instructions.

Money from the transit account can be withdrawn both after the submission required documents, and before. Funds can be issued prior to the submission of the above documents when providing the bank with information on the code of the type of operation.

To issue foreign currency, the resident submits an order to the bank and the documents listed above.

When a resident does not have to submit documents

When providing currency with the consent of the resident;
When interacting with the bank that opened the account;
When moving currency between resident's accounts;
Withdrawal of funds for the payment of pensions, social benefits to a non-resident;
While using a foreign currency payment card;
Letter of credit;
When working with an amount not exceeding 200 thousand rubles. (equivalent), if the resident provides information about the code.

Terms of providing information (information about the code, documents on currency transactions) for carrying out a currency transaction

Crediting foreign currency to a transit account - all information is provided at the same time;
Transfer of Russian rubles - 15 working days after the transaction;
Withdrawal of foreign currency from a foreign currency account - simultaneously;
Withdrawing Russian rubles from an account in rubles - simultaneously.

Rules for non-residents

Situation: a non-resident opened an account in Russian rubles in Russian bank... In order to withdraw this money, a non-resident must submit information about the code to the bank.

Should not provide this information if:

When collecting under the legislation of the Russian Federation;
Debit;
Interaction with the bank that opened the account;
Transfer between non-resident accounts;
Using a payment card.

Export / import / resident loan agreement

A resident, regardless of which party he will be in the agreement (importer / exporter), must register the agreement with an authorized bank. In this case, the resident is obliged to carry out all foreign exchange transactions through this bank.

Exceptions to this rule:

The account is opened in a branch of an authorized bank - currency transactions can be carried out through the head office of this bank;
The account is open at the head office - transactions can be carried out at the branch;

The exporter provides the bank with data on the contract or the contract itself.

The importer and the resident party in the loan agreement are obliged to submit the agreement itself to the bank.

Terms of submission of documents under such contracts:

When transferring any currency to a non-resident's account - before issuing an order to the bank;
When transferring any currency to a resident's account from a non-resident - no later than 15 working days after the transfer of funds;
When transferring any currency to a resident's account from a non-resident, the account is opened with a non-resident bank - no later than 30 working days after the month of transfer of funds (if the funds are transferred, for example, on November 15, then the 30-day period will start from December 1);

The exact amount is not indicated in the loan agreement:

Transfer of funds from residents to a non-resident, or vice versa (non-resident-resident) no later than 15 working days after the month of transfer of funds (if funds are transferred, for example, on November 15, then the 15-day period will go from December 1) for:
1. Imported and loan agreement, the amount must be equal to or more than 3 million rubles;
2. Export agreement, the amount must be equal to or more than 6 million;
Execution of the contract - import / export of products, when customs declaration is required - no later than the transfer of customs declarations;
Execution of the contract - import / export of products, when there is no need for customs declaration - no later than 15 working days after the month of transfer of funds (if funds are transferred, for example, on November 15, then the 15-day period will start from December 1);
Execution of the contract - services, work, intellectual activity - no later than 15 working days after the month of the transfer of funds (if the funds are transferred, for example, on November 15, then the 15-day period will start from December 1);
The fulfillment of obligations takes place in other ways (not those indicated above) - no later than 15 working days after the month of the transfer of funds (if the funds are transferred, for example, on November 15, then the 15-day period will start from December 1).

Removal of the agreement from the bank account

Reasons for deregistration of a contract:

Switching to service in another bank, including when moving to another branch or head office;
Closing an account;
Obligations were fulfilled in full;
One of the parties took advantage of the assignment of the right of claim;
Obligations have been terminated / fulfilled for other reasons;
The contract is registered due to an error.

An application for deregistration must contain:

Number of contract;
One of the reasons for deregistration with reference to a specific paragraph of the instruction;
Information about the person in whose name the claim is assigned;
Confirmation of the assignment of the claim;
Confirmation of the execution of the loan.

One application can deregister several contracts.

Change of information about contracts registered

The entity submits an application for amendments to the agreement to the bank in which the agreement is registered.

An application for changing information must contain:

Number of contract;
The document that caused the changes (for example, an additional agreement);
The date of approval of changing documents is indicated.

The above documents are submitted to the bank after their final approval no later than 15 business days.

Relations with the bank and the subject (resident / non-resident) - methods of interaction according to the instructions

Interaction with the bank is based on a mutual agreement between the bank and the entity (resident / non-resident).

The documents submitted to the bank must be authentic or a certified copy.

Documents can be submitted both in electronic form and on paper (this is agreed with the bank).

Individuals and individual entrepreneurs, or their representatives, sign the documents themselves and affix the seal.

On behalf of legal entities, a person authorized by a legal entity puts the signature and seal, must provide the bank with the relevant documents (order of appointment, minutes of the decision of the general meeting of participants, etc.).

If documents are sent to the bank in electronic form, then they must be signed with an electronic signature. To obtain an electronic signature, you must apply to the EDS ( Single portal electronic signature)

Date of receipt of documents at the bank - the date of their submission.

Rights and obligations of residents and non-residents

Rights:

They can get acquainted with documents, results of inspections;
Can appeal against actions / omissions of authorized bodies;
They can compensate the state for damage in connection with the illegal actions of authorized persons, controllers.

Responsibilities:

Subjects are obliged to give access to documents necessary for conducting inspections;
Save documents on foreign exchange transactions for 3 years, keep their records and reporting. According to the information indicated above, you have seen that you must submit all documents to the bank, up to receipts and payments. Be careful not to disregard these rules, otherwise you may become a violator of the law;
The subjects must comply with the requirements of the authorized bodies, controllers regarding the revealed offenses;
The resident must ensure the passage of funds through the accounts, ensure the registration of transaction passports.

Repatriation

Repatriation is the process of returning an asset, an item of symbolic value, voluntarily or forcibly to its owner or to its place of origin or citizenship. The term can refer to non-human entities such as the conversion of foreign currency into the currency of their country, as well as the process of returning military personnel to their place of origin after the war. This also applies to diplomatic envoys, international officials, and expats and migrants in times of international crisis.

Currency repatriation occurs when the foreign currency is reverted back to the currency of the country of origin. Repatriation also refers to the payment of dividends by a foreign company to a Russian firm. Foreign direct investment is not taxed until the dividend is paid to the controlling parent and thus repatriated. Direct income foreign investment taxed only by the country in which it is incorporated prior to repatriation. Currently, there are hundreds of billions of foreign direct investment due to the reluctance to repatriate these proceeds.

Residents are obliged to provide in relation to non-residents:

The ability to transfer funds from a non-resident to a resident;
The possibility of reversion (refund) of funds due to non-performance of the contract;

Documents submitted to the bank by the resident:

Information about the period of receipt of funds from a non-resident;
Information about the period of execution of the contract by the non-resident;

A resident may not use bank accounts in the following cases:

If the agreement is concluded for a period of more than 2 years with non-residents of the OECD or FATF member states;
When a non-resident pays the expenses of a resident related to the construction, creation of an object on the territory of a foreign state (expenses in a foreign state);
When holding cultural events;
When is the offset of requirements for certain categories of activities
For transport companies.

The main regulatory legal act governing currency transactions between residents and non-residents is Law No. 173-FZ “On Currency Regulation and Currency Control”.

In particular, citizens of the Russian Federation are residents; foreign citizens permanently residing in Russia on the basis of a residence permit; as well as organizations created in accordance with the legislation of the Russian Federation, with the exception of foreign companies registered in accordance with the Federal Law "On International Companies" (subclause 6, clause 1 of article 1 of the Law of 10.12.2003 N 173-FZ).

Non-residents are foreign citizens and foreign organizations permanently registered and located in another country (sub-clause 7, clause 1, article 1 of the Law of 10.12.2003 N 173-FZ).

Read more about the differences between a resident and a non-resident in the separate section.

Currency transactions between residents and non-residents

Currency transactions between residents and non-residents are carried out without restrictions, but subject to certain requirements, namely: it is possible to purchase (sell) foreign currency and currency checks only in authorized banks and only according to documents drawn up in accordance with the instructions of the Central Bank of the Russian Federation (Article 6, Art.11 of the Law of 10.12.2003 N 173-FZ).

The procedure for the submission of supporting documents and information by residents and non-residents to authorized banks when conducting foreign exchange transactions is determined in the Central Bank of Russia Instruction No. 181-I dated 16.08.2017.

Currency transactions between residents

Currency transactions between residents are prohibited, with the exception of cases provided for in Art. 9 of the Law of 10.12.2003 N 173-FZ.

In particular, transactions in foreign currency between residents are allowed for settlements in dutyfree, for settlements with an employee who is in business trip outside Russia, when buying (selling) foreign currency by individuals in authorized banks.

The national currency of Russia is the ruble, but this does not prevent Russians from settling everything using foreign currencies, the most popular of which are the euro and the US dollar. Immediately, we will stipulate that the state prohibits foreign exchange transactions between residents on the territory of the Russian Federation (Federal Law No. 177), but there is a list of exceptions to this prohibition, since not in all cases it is possible to provide settlements in rubles.

The concept of currency control

Currency transactions between non-residents and residents, as well as settlements of these categories among themselves, are subject to mandatory currency control, which is carried out by the state with the help of the Central Bank. The main purpose of these measures is to protect the economic interests of the Russian Federation and its residents. Principles currency control are:

in the priority of the economic interests of the state when carrying out currency regulation;
in the prevention of illegal and unjustified interference of the state with the help of state bodies in transactions with foreign money;
administered unified system currency regulation;
in providing protection government bodies all participants in the foreign exchange market.

Monetary transactions permitted by the regulator are related to various aspects economic relations between countries. But first, let's define the basic concepts:

a resident is a person who has lived in the country for more than 6 months during the year. Most Russians fall into this category.
non-residents in most cases are foreigners, since this status is received by those who have lived in Russia for less than 183 days in the last calendar year. But Russians who, for various reasons, have spent more than six months outside the Russian Federation (work or study abroad, treatment, long rest), can also fall into this category.

Accordingly, the types of currency settlements are transactions between:

Between residents

Settlements between residents in foreign currency can only be made subject to the requirements of Art. 9 ФЗ №173, according to which it is not prohibited:

transfer money from your account abroad to an account in Russia or in another state;
receiving salaries in foreign currency by employees of foreign missions Russian companies, consulates, diplomatic missions;
all transactions related to external securities;
transactions related to the carriage of goods;
transfer of taxes to the budgets of the Russian Federation at different levels;
reimbursement of expenses incurred by individuals while on a business trip abroad;
transferring money from your account to the account of a resident abroad, but not more than 5 thousand US dollars per day;
transfers from their accounts in authorized banks to accounts of close relatives;
transactions related to the clearing business.

The complete list in the law consists of 24 items.

On the subject of settlements between residents, special attention should be paid to the so-called authorized banks. These are financial institutions that are endowed by the regulator with the rights and powers to conduct certain operations. The transactions that are not subject to restrictions are:

foreign currency loan between residents, as well as all related expenses;
replenishment of deposits or accounts on demand;
operations to provide security (surety, pledge);
operations with bills;
purchase and sale of currency and checks for collection operations in banks located outside the Russian Federation;
payment of a commission to an authorized bank.

Also, without any restrictions, residents can make settlements in dollars and euros under factoring agreements.

Residents and non-residents in foreign exchange legal relations must be guided by Art. 6 FZ-177. There are practically no restrictions here, however, all actions that the regulator considers leading will be blocked:

Between non-residents

For transactions between non-residents, Art. 10 ФЗ № 177. It says that foreigners can carry out transactions with the Russian ruble, as well as currencies without restrictions different countries in banks located outside the Russian Federation.

On the territory of the Russian Federation, residents of other countries can make transfers between themselves even without opening a current account. They are also not prohibited from entering into transactions involving domestic securities.

However, all accounts from which non-residents plan to conduct their operations can only be opened in authorized banks.

Repatriation concept

Repatriation by residents of foreign currency and Russian currency is carried out in order to ensure the protection of the interests of the state, to ensure the stability of the national exchange rate. monetary unit and maintaining a stable foreign exchange balance of the country. This concept refers more to legal entities, as it regulates the foreign economic sphere of activity.

The peculiarity of repatriation is that:

All companies that are involved in external settlements must ensure that, under all their contracts concluded with foreign counterparties, the receipt of funds on accounts and, conversely, ensure the return of money from foreign counterparties for products not supplied to Russia or outstanding services.
Organizations that carry out export-import operations are obliged to provide their authorized banks with all information on valid contracts: the amount of the transaction, the object of the contract, the duration of its validity. Simply put, they provide contracts in foreign exchange department the bank that (department) accompanies them.
All foreign currency that is credited to the account of residents abroad must be used only to fulfill their obligations or be transferred to an account with an authorized bank.