Export of currency from Ukraine: in cash and not only. Transfer to a bank card of foreign countries Transfer of currency from the Russian Federation by an individual

From the very beginning of the formation of the Russian banking system, Russian banks carried out transfers without opening an account on behalf of individuals. Initially, this was expressed in the payment of tax and utility bills. However, with the development of settlement and credit relations in society, the need for settlements that were not related to the payment of mandatory payments gradually appeared and was realized. But, despite the increase in such calculations, they were not given due attention in the regulatory framework. Only in 1997, the Bank of Russia issued the Procedure for Making Transfers foreign exchange from Russian Federation and to the Russian Federation without opening current currency accounts (dated August 27, 1997 No. 508). As the name implies, the purpose of this Procedure was to regulate foreign exchange transactions, while such transactions carried out in rubles (and across Russia) remained in the shadows. This was partly explained by the increased attention to cross-border transactions as a more “risky” area of ​​\u200b\u200bactivity, especially in the time of tight currency regulation. It was only in 2003 that the Regulations of the Bank of Russia “On the procedure for making cashless settlements by individuals in the Russian Federation” (dated April 1, 2003 No. 222-P) were published, in which due place was given to transfers without opening an account, both to the procedure for their implementation, and and accounting.

Nevertheless, the main issues that arise for banks in connection with settlements without opening an account are related to the implementation of foreign exchange transactions. On the one hand, this is due to the insufficient elaboration of the details of such transfers in the regulatory framework. On the other hand, the close attention to such transactions that is still being paid to them by supervisory authorities (despite the liberalization of currency legislation). Next, a number of the most acute of these issues will be considered and possible ways to solve them will be reflected. The basis for the development of one or another approach to the solution was the clarifications of the Bank of Russia and its territorial offices (including targeted ones), as well as the discussion of these problems in the press and the Internet, including on the banking website www.site.

To begin with, let's define the main points that are inherent in transfers without opening an account. First of all, such transfers can only be made by individuals. This conclusion follows from Article 5 of the Federal Law “On Banks and Banking Activities”, which refers to banking operations “transfers Money on behalf of individuals without opening bank accounts (except for postal orders). Therefore, such transfers cannot be used for business purposes. The line "entrepreneurship (non-entrepreneurship)" has always been rather arbitrary and continues to raise a lot of questions when classifying client operations. Civil defines entrepreneurial activity as an independent activity carried out at one's own risk, aimed at systematically making a profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law (Article 2). Paragraph 4 of Article 23 of the Civil Code of the Russian Federation referred the determination of the fact of entrepreneurial activity to the competence of the court. Thus, when performing operations by individuals, the bank, until a court decision in accordance with paragraph 3 of Article 10 of the Civil Code of the Russian Federation, is obliged to proceed from the fact that all operations performed by the client as an individual do not relate to entrepreneurial activity.

The second important point is the account through which customer transfers are accepted and paid. It is not a client account in the sense of Chapter 45 of the Civil Code of the Russian Federation, a bank account agreement is not concluded for it, and the conditions of the client’s bank account do not apply to it. Essentially, this is a bank account. That is why it does not have an unconditional payment of the transfer from this account at the first request (request) of the client. This moment is important when carrying out anti-legalization procedures, in particular, the suspension of client operations (in accordance with the letter of the Central Bank of the Russian Federation dated July 13, 2005 No. 97-T).

And finally, it is necessary to determine which transactions are currency transactions in the sense of the Federal Law of December 10, 2003 No. 173-FZ “On currency regulation and currency control. Based on part 9 of article 1 and part 3 of article 14, such operations in terms of making transfers include:

· transfers between residents and non-residents both in foreign currency and in the currency of the Russian Federation;

transfers between residents in foreign currency;

· transfers between non-residents both in foreign currency and in the currency of the Russian Federation;

· cross-border transfers (from the Russian Federation and to the Russian Federation) both in foreign currency and in the currency of the Russian Federation.

Foreign exchange is quite liberal in its approach to making transfers without opening an account. So, resident individuals are given the right (part 3 of article 14):

"5) a transfer by an individual - resident from the Russian Federation and receipt in the Russian Federation by an individual - resident of a transfer without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide only for limiting the amount of the transfer, as well as postal transfers."

The Bank of Russia was not slow to exercise its right and Ordinance No. 1412-U dated March 30, 2004 established that “when carrying out foreign exchange transactions, an individual has the right to transfer from the Russian Federation without opening a bank account in an authorized bank foreign currency or the currency of the Russian Federation in the amount not exceeding the equivalent of 5,000 US dollars, determined using the official exchange rates of foreign currencies against the ruble, established by the Bank of Russia on the date of the instruction to the authorized bank to make the said transfer. At the same time, “the total transfers of a resident individual from the Russian Federation without opening a bank account, made through an authorized bank (branch of an authorized bank) within one business day, should not exceed the amount established by this clause.” The Bank of Russia has not established any restrictions on the receipt in the Russian Federation by a resident individual of a transfer without opening bank accounts.

Despite the seemingly unambiguous interpretation of the above provision, the Bank of Russia and its territorial offices repeated it more than once in their explanations, which appeared shortly after the entry into force of the basic norms of the new currency legislation in the summer of 2004. These explanations were as follows:

1) restrictions on the amount of transfer by a resident individual are established only for making transfers without opening an account. When making currency transfers from accounts opened with an authorized bank, the above sums are absent (Article 6 of Law No. 173-FZ);

2) the total amount of transfers by a resident individual from the Russian Federation without opening a bank account, carried out through an authorized representative within one business day, should not exceed the equivalent of 5,000 US dollars. There are no exceptions for increasing the transfer amount without opening an account when supporting documents are provided.

The absence of a direct requirement for supporting documents when making transfers without opening an account has become relatively new and unusual for Russian banks. So unusual that the Bank of Russia, in its information letter dated August 31, 2004 No. 29, specifically dwelled on this point: origin of cash foreign currency regulations The Bank of Russia has not been established. Thus, the indicated transfers of resident individuals can be carried out without the latter submitting supporting documents and documents on the origin of cash foreign currency. At the same time, the authorized bank, as a currency control agent, is entitled, on the basis of paragraph 3 of part 1 of Article 23 of Federal Law No. 173-FZ, to request and receive documents and information related to the conduct of foreign exchange transactions.

Thus, the right to demand documents when making cross-border transfers without opening an account by resident individuals, as well as the volume of these requirements, is given to the banks themselves. Moreover, for transfers in foreign currency without opening an account, there are no restrictions on the recipient of funds (to one's own account, an account of another resident or non-resident opened with a bank outside the Russian Federation), the purpose of the transfer (any purpose), the transfer currency (any currency, in equivalent not exceeding USD 5,000). Also, the current currency legislation does not establish restrictions regarding the choice of currency for payment of the amounts of transfers received from abroad. The transfer can be paid out in any cash currency of the client's choice, including those other than the transfer currency.

It is necessary to say about transfers in the currency of the Russian Federation received in favor of residents without opening an account. According to clause 9 "b" of part 1 of article 1 of Law No. 173-FZ, such transfers are a currency transaction. At the same time, the currency legislation of the Russian Federation does not apply to the actions of a sender (resident or non-resident) of funds from abroad to the Russian Federation. At the same time, resident individuals have the right to receive in the Russian Federation a transfer received from abroad without being credited to a bank account only in accordance with part 3 of article 14 of the law.

Separately, one should dwell on transfers without opening an account between residents. Although Clause 5 of Part 3 of Article 14 of Law No. 173-FZ does not contain restrictions on the subject composition of the recipients of the transfer, Part 1 of Article 9 raised many questions, which provided a closed list of foreign exchange transactions allowed to be carried out between residents. At the time of entry into force of the main provisions of the law, this article did not contain (verbally) permission to conduct foreign exchange settlements between residents, and part 3 of article 14, to which it referred, did not prescribe permission to receive a transfer without opening an account. This created an obstacle in the case of payment to residents of transfers received without opening an account, if it was impossible to determine the status of the sender (resident - non-resident). The Law of July 18, 2005 No. 90-FZ, which introduced amendments and additions to the Federal Law “On Currency Regulation and Currency Control”, corrected the situation: the necessary additions were made to Articles 9 and 14.

The logic of the legislation in this case is observed. By general rule currency transactions between residents are prohibited, with the exception of those expressly provided for in Article 9. Clause 1 of Part 1 of Article 9 of the law provides for the possibility of conducting foreign exchange transactions between residents, which are established by Part 3 of Article 14. Part 3 of Article 14 defines an exhaustive list of currency transactions that have the right to carry out only individuals - residents without using bank accounts, including by making transfers without opening an account. Thus, resident individuals have the right to make transfers without opening an account in foreign currency on the territory of the Russian Federation to residents on foreign exchange transactions listed in Part 3 of Article 14 of the Law (in fact, these are transfers as a gift from the Russian Federation, a constituent entity of the Russian Federation, a municipality , gifting currency values ​​​​to a spouse and close relatives, their will and receipt by inheritance).

The next point, which is not given enough attention in the currency legislation, are transfers without opening an account on the territory of the Russian Federation. In this regard, it is advisable to refer to the second paragraph of Part 2 of Article 5 of Law No. 173-FZ, which determines that “if the procedure for carrying out foreign exchange transactions, the procedure for using accounts (including the establishment of a requirement to use a special account) are not established by the currency regulation authorities in accordance with this Federal by law, foreign exchange transactions are carried out, accounts are opened and transactions on accounts are carried out without restrictions ... "

Taking into account that transfers between residents and non-residents in foreign currency or the currency of the Russian Federation are foreign exchange transactions, resident individuals have the right to make transfers without opening an account in foreign currency or the currency of the Russian Federation on the territory of the Russian Federation to non-residents for foreign exchange transactions, listed in paragraph 3 of article 14 of the law. At the same time, currency legislation does not establish restrictions on the amounts of such transfers. It should not be forgotten that the operation of transferring the currency of the Russian Federation across the territory of the Russian Federation between residents is not a currency operation and is not regulated by the currency legislation of the Russian Federation.

Many questions are caused by transfers of non-residents without opening an account in the currency of the Russian Federation. In this regard, it should again be noted that the currency legislation does not contain restrictions on the implementation by individuals - non-residents of transfers of foreign currency or the currency of the Russian Federation, both cross-border and within the Russian Federation. It does not contain any restrictions on the receipt by non-resident individuals of cash foreign currency and the currency of the Russian Federation, transferred in their favor without opening an account.

However, not all so simple. A number of lawyers adhere to the following positions in interpreting the norms of currency legislation: in relation to currency transactions between non-residents and residents, the principle “everything that is not prohibited is allowed”, in relation to currency transactions between residents, the principle “everything that is not permitted is prohibited”, in relation to foreign exchange transactions between non-residents, the principle “what is expressly prescribed is allowed”.

Following this path, one can come to the opposite conclusion regarding the rights of non-residents to make transfers in the currency of the Russian Federation. Thus, the alienation by a non-resident in favor of a non-resident of the currency of the Russian Federation on legal grounds, as well as the use of the currency of the Russian Federation as a means of payment on the basis of paragraph 9 "c" of part 1 of Article 1 of Law No. 173-FZ, refers to foreign exchange transactions. Article 2 of the law defines the rights and obligations of non-residents in relation to the possession, use and disposal of the currency of the Russian Federation. Part 2 of Article 5 of the law defines the boundaries of actions of subjects of currency legal relations in the event that the procedure for carrying out currency transactions, the procedure for using accounts are not established by the currency regulation authorities in accordance with Law No. 173-FZ.

Thus, the provisions of paragraph 2 of Article 5 allow participants in foreign exchange transactions to carry out, without restrictions, only those foreign exchange transactions, the procedure for the implementation of which must be established by the currency regulation body. They do not allow participants in foreign exchange transactions to carry out without restrictions those foreign exchange transactions, the procedure for the implementation of which is not at all determined by Law No. 173-FZ. Based on the foregoing, it turns out that the commission by a non-resident of a currency transaction related to the transfer of the currency of the Russian Federation to another non-resident is not allowed by the currency legislation.

It is gratifying that the Bank of Russia did not follow this logic of interpreting currency legislation and determined in its clarifications that precisely on the basis of Part 2 of Article 5 of Law No. 173-FZ, non-resident individuals can make transfers in the currency of the Russian Federation without restrictions without opening bank account, as well as using bank accounts (with the exception of the operations listed in paragraph 4.1 of the Instruction of the Central Bank of the Russian Federation dated June 7, 2004 No. 116-I “On the types of special accounts of residents and non-residents”, which are carried out using special bank accounts of non-residents) .

In this regard, many banks "stumble" about Article 10 of Law No. 173-FZ (parts 1 and 3):

"1. Non-residents have the right, without restrictions, to transfer foreign currency between themselves from accounts (from deposits) in banks outside the territory of the Russian Federation to bank accounts (to bank deposits) in authorized banks or bank accounts (bank deposits) in authorized banks to accounts (to deposits) in banks outside the territory of the Russian Federation or in authorized banks.

3. Currency operations 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 Article 13 of this Federal Law.

In this case, it is necessary to distinguish between a ban on conducting an operation and a guarantee (declaring the right) to conduct an operation. In this sense, Article 10 does not contain restrictions on non-residents making transfers without opening accounts in foreign currency and in the currency of the Russian Federation through the territory of the Russian Federation and from the Russian Federation. At the same time, the requirement of Part 3 of Article 10 on compliance with the procedure for conducting foreign exchange transactions through the accounts of non-residents in authorized banks in accordance with Article 13 of the law applies only to foreign exchange transactions that are carried out by non-residents through their bank accounts.

It cannot serve as a ban on non-residents making transfers in the currency of the Russian Federation without opening an account and the requirement of paragraph 4.3 of Instruction No. 116-I that foreign exchange transactions between residents and non-residents carried out by non-residents without the use of special accounts are accounted for in accordance with the regulations of the Bank of Russia for non-resident banks on balance sheet accounts 302 31; of the law do not contain a ban on non-residents making transfers without opening an account in the currency of the Russian Federation both within the territory of the Russian Federation and abroad.

As regards compliance with currency control procedures for transfers without opening an account, one should start by determining the compliance of such transfers with the requirements of the Instruction of the Central Bank of the Russian Federation dated June 15, 2004 No. 117-I “On the procedure for residents and non-residents to submit documents and information to authorized banks when carrying out foreign exchange transactions , the procedure for accounting by authorized banks of foreign exchange transactions and registration of transaction passports. The requirements of Chapter 1 of Instruction No. 117-I on the submission of documents when conducting foreign exchange transactions, including the affixing of a currency transaction type code in the settlement document, do not apply to foreign exchange transactions of individuals carried out without opening a bank account. In accordance with paragraph 1.17, the currency transactions database shall reflect the currency transactions carried out on the accounts of the authorized bank's clients - residents and non-residents. Consequently, foreign exchange transactions carried out by clients without opening bank accounts are not subject to reflection in the database.

Until now, the issue of the bank's obligation (or lack of it) to check transfers made without opening an account for their compliance with the reservation and special account regimes remains open. Responsibility for conducting foreign exchange transactions, for which Instruction No. 116-I establishes the requirement to use a special account, only through these special accounts lies with the bank (clause 1.2). At the same time, the argument about the allegedly cash nature of transfers without opening an account (whereas clause 1.1 of Instruction No. 116-I extends its effect only to transactions between residents and non-residents related to non-cash payments) is untenable. The Bank of Russia, in its clarification No. 17-44/1 dated January 4, 2003, classified transfers without opening an account as non-cash payments. Thus, banks are placed in a twofold situation: on the one hand, there is no obligation to require documents when making transfers without opening an account, on the other hand, these documents are necessary to identify the transfer in terms of its execution through a special account. There are two ways out of this situation: either require supporting documents from customers (the bank has such a right on the basis of Article 23 of Law No. many fast transfer systems).

From the point of view of maintaining the mass nature of payments, the second option is more preferable. In practice, it can be implemented by a written confirmation by the client (in the text of the application for sending or receiving a transfer) that he complies with the norms of the currency legislation on the operation being performed (thus, and by not classifying it as a special account regime). You can also use the provisions of Instructions of the Central Bank of the Russian Federation dated April 28, 2004 No. 113-I “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 in cash foreign currency and the currency of the Russian Federation, checks (including traveler's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals”, in part:

· clause 3.5, which obliges the bank to post on the information stands of operating cash desks the procedure and conditions for making transfers from the Russian Federation without opening an account;

· Clause 4.10, which considers the beginning of the operation by the client as consent to the conditions for its implementation.

At the same time, this does not relieve the bank of the obligation to monitor transfers without opening an account, at least on formal grounds, such as the basis for payment.

There is also an alternative vision of the problem of special accounts, which should be mentioned. It consists in the fact that instruction No. 116-I was adopted in pursuance of Article 8 of Law No. 173-FZ and has nothing to do with the possibility (impossibility) of making transfers without opening an account. Such a solution to the issue is within the framework of Article 6 of the law, declaring that:

“6. All unremovable doubts, contradictions and ambiguities in acts of the currency legislation of the Russian Federation, acts of currency regulation bodies and acts of currency control bodies shall be interpreted in favor of residents and non-residents.

And yet, in the absence of clarifications from the Bank of Russia on this issue, this approach remains controversial.

With regard to cash reflection of transfers without opening an account, the question often arises: in which register should they be reflected? In the register provided for by Instruction No. 113-I, or in the register established by clause 2.6.1 of the Regulation of the Central Bank of the Russian Federation of October 9, 2002 No. 199-P "On the Procedure for Conducting Cash Transactions in Credit Institutions on the Territory of the Russian Federation"? Or both registries? If it is more or less clear with transfers in foreign currency (after all, in any case - a currency transaction), then with transfers without opening an account in the currency of the Russian Federation, everything is not so clear. A well-established and proven methodology for allocating transactions across ledgers is as follows:

Operations carried out in accordance with Instruction No. 113-I, including cross-border transfers without opening an account, are entered only in the register of operations with cash currency and checks in Appendix 4 to Instruction No. 113-I (with the exception of operations under paragraphs 3.1. 8 and 3.1.15);

· all other transactions, including transfers within the territory of the Russian Federation (by both residents and non-residents), are entered in the register in accordance with Regulation No. 199-P.

You can get away from filling out the register in accordance with Regulation No. 199-P if, when accepting cash from an individual to carry out a money transfer operation without opening an account (transfers across the territory of the Russian Federation), draw up an incoming cash order for each payment. It also eliminates the need to issue receipt orders for total amounts by type of operation. The register according to instruction No. 113-I will also be incomplete for transfer operations without opening an account: the column “account number of an individual” will remain blank due to the lack of one.

Cash processing of transactions for receiving funds for making transfers from the Russian Federation without opening bank accounts and paying out funds for transfers to the Russian Federation without opening accounts must be carried out in compliance with clause 3.6 of Instruction No. 113-I. According to paragraph 1 of clause 3.6, the procedure and conditions for carrying out operations to transfer funds from the Russian Federation on behalf of individuals without opening a bank account, as well as the bank's obligations to transfer funds, are established by the bank itself in accordance with the requirements of the legislation of the Russian Federation and regulations of the Bank of Russia . This reference in relation to foreign currency leads us to clause 9.2 of Regulation No. 199-P (section "Transactions with foreign currency in cash"), according to which operations for the receipt and issuance of cash foreign currency when servicing individuals and legal entities are carried out on credit and expenditure cash orders (appendices 23 and 24 of Regulation No. 199-P). Thus, execution of cash orders when accepting and paying out transfers without opening an account in foreign currency is mandatory.

Accounts 409 09 “Transfers to the Russian Federation” are used to account for cross-border transfers without opening an account in accordance with the Regulation of the Central Bank of the Russian Federation of December 5, 2002 No. 205-P “On the rules for maintaining accounting records in credit institutions located on the territory of the Russian Federation” , 409 10 “Transfers to the Russian Federation to non-residents”, 409 12 “Transfers from the Russian Federation”, 409 13 “Transfers from the Russian Federation to non-residents”. In analytical accounting, separate personal accounts are opened for each transfer. In part, this makes it easier for reviewers to monitor banks' compliance with the $5,000 (or equivalent) limit on a single transfer.

Among the most frequently encountered problems in the accounting reflection of transfers without opening an account, the following can be noted.

1. Determining the status of the recipient of the transfer upon receipt of the transfer without opening an account. Based on a credit memo alone, it is not possible to determine the residence of the recipient in a number of cases. Taking into account the presence of this problem, the Bank of Russia, in its clarifications, allowed banks, in cases where it is impossible to unambiguously (before the appearance of the transfer recipient) determine whether the transfer recipient is a resident or non-resident, to record incoming transfers on balance sheet account 409 09. Whereas on balance sheet account 409 10, amounts transfers for which it is possible to make an unambiguous conclusion about the status of the transfer recipient as a non-resident.

2. Transfers by non-residents across the territory of the Russian Federation (both in foreign currency and in the currency of the Russian Federation) do not currently have a separate balance sheet account in the chart of accounts. Being allowed (as shown above), such operations are carried out in practice through account 409 11. Although this is a violation of Regulation No. 205-P (according to which accounts for non-residents must be specified by the word “non-resident”, and accounts without ” are used to account for the transactions of residents only), but in the absence of an alternative, may be considered justified. The justification for using an account can be Regulation No. 222-P, which regulates the procedure for making transfers without opening an account on the territory of the Russian Federation. Paragraph 1 of the annex to Regulation No. 222-P provides for the use of account 409 11 “Transit accounts” for such transfers.

3. Return of a transfer sent without opening an account from the Russian Federation shall be returned to the account (409 12/409 13) from which it was sent. It is illegal to consider the return of a transfer as a separate operation for receiving a transfer without opening an account in the Russian Federation (with crediting to 409 09/409 10). For cases of return, Regulation No. 205-P in the characteristics of accounts 409 12/409 13 describes the possibility of debiting the amounts returned to the sender.

Often the question arises of accounting for commission fees for transfers without opening an account. The fact is that account 409 is intended only for accounting for the amount of transfers. Cautious circumvention of the issue of accounting for commissions in Instruction No. 113-I and Instruction of the Central Bank of the Russian Federation of June 11, 2004 No. 1446-U “On the accounting procedure by authorized banks of certain types of banking operations and other transactions with cash foreign currency and the currency of the Russian Federation, checks (including traveler's checks), the nominal value of which is indicated in foreign currency, with the participation of individuals "only confirms the line pursued by the Bank of Russia to oust commissions and fees on foreign exchange transactions, at least for individuals, from the area of ​​currency regulation to the ruble zone. Representatives of the Bank of Russia themselves sometimes talk about this, recommending a switch to the practice of charging a commission on foreign exchange transactions in rubles. To resolve this issue, it can be recommended to attribute the commission charged from individuals when they make transfers without opening an account directly to expense accounts. If the commission is withheld in foreign currency, then in order to facilitate the cash reflection of the transaction, it is advisable to supplement the register of transactions maintained in accordance with instruction No. 113-I with the “commission fee” column. The operation to withhold the amount of the commission is not singled out in instruction No. 113-I as a separate operation, therefore it cannot be reflected in the register as a separate line. At the same time, its absence in the register complicates the balance of cash at the end of the trading day.

In conclusion, it should be noted that it is impossible to give a universal answer for each situation, and such a task was not set. The purpose of this review was to identify ways to solve the enlarged problems inherent in all banks that provide their customers with transfer services without opening an account. The issues discussed do not cover all the problems of these operations. The article cited only the most critical moments facing banks in the field of currency legislation when servicing payments from individuals.

The Law of the Russian Federation of October 9, 1992 No 3615-1 "On Currency Regulation and Currency Control" (hereinafter Law) established that currency values ​​in the Russian Federation may be owned by residents, incl. individuals. At the same time, the Law and the normative acts issued in accordance with it define special rules regulation of certain types of foreign exchange transactions of individuals - residents.

Currency transactions on the territory of the Russian Federation

The currency legislation contains some features of the currency transactions of individuals, although in general these transactions are strictly limited.

Individuals residents have the right to carry out foreign exchange transactions on the territory of the Russian Federation in the following ways:

a) through authorized banks from their bank accounts;

b) through authorized banks without opening current foreign currency accounts;

c) bypassing authorized banks, in specially established cases.

1. Currency exchange operations

The law gives residents the right to purchase foreign currency, as well as to sell foreign currency. Unlike legal entities, individuals have the right to acquire foreign currency both in non-cash form and in cash for their own needs.

The law establishes that all transactions of purchase and sale of foreign currency must be carried out through authorized banks. Buying and selling foreign currency, bypassing authorized banks, is expressly prohibited. This rule is ensured by the fact that transactions made with its violation are recognized as invalid.

Individuals residents have the right to freely sell both cash and non-cash foreign currency to authorized banks.

The procedure for carrying out operations for the purchase and sale of foreign currency is established by the Bank of Russia.

1. Purchase and sale of cash foreign currency for rubles

The Bank of Russia has established rules for conducting cash foreign currency purchase and sale operations through exchange offices.

When an individual a resident sells or purchases cash foreign currency for cash rubles in an amount equivalent to less than 10,000 US dollars, calculated at the exchange rate of the Bank of Russia on the current date, the details of the identity document of the individual, namely: the number and series of the document, are filled in by the cashier exchange office in the Certificate in the form No 0406007 (hereinafter Help).

A certificate filled out with the details of an identity document gives the right to export cash foreign currency purchased by an individual from the Russian Federation and serves as a permit to export cash foreign currency from the Russian Federation. A certificate filled out without specifying the details of an identity document does not give the right to export cash foreign currency purchased by an individual from the Russian Federation and does not serve as a permit to export cash foreign currency from the Russian Federation.

When a resident individual performs an operation to buy or sell cash foreign currency for cash rubles in the amount of USD 10,000 or more, calculated at the exchange rate of the Bank of Russia on the current date, the details of the identity document of the individual are filled in by the cashier of the exchange office in without fail.

2. Purchase and sale of non-cash foreign currency for rubles

Regulation of the Central Bank of the Russian Federation of April 24, 1996 No. 39 on changing the procedure for conducting certain types of foreign exchange transactions in the Russian Federation (hereinafter Regulation No. 39) establishes that the purchase of foreign currency through authorized banks in the domestic foreign exchange market the Russian Federation in a cashless manner by resident individuals at the expense of funds in ruble accounts opened in the name of the relevant individuals in credit institutions is carried out without the permission of the Bank of Russia.

3. Acquisition of foreign currency for another foreign currency

Regulation No. 39 also establishes that, without the permission of the Bank of Russia, the sale (purchase) through authorized banks by individuals - residents of foreign currency of one type for foreign currency of another type, the exchange rate of which (purchased and sold foreign currencies) against the ruble is established by the Bank of Russia, is carried out without permission of the Bank of Russia. Such operations can be carried out both in cash and in a non-cash form.

2. Transfers to and from the Russian Federation

Regulation No 39 establishes a list of foreign exchange transactions that are carried out by residents (including individuals) without the permission of the Bank of Russia. These operations can be carried out both through the accounts of individuals in authorized banks, and without opening such accounts. Rules for making transfers in foreign currency without opening current currency accounts in authorized banks on behalf of individuals from the Russian Federation, as well as for individuals in the Russian Federation receiving foreign currency transferred in their favor from abroad, the Bank of Russia established in the Procedure for Making Foreign Currency Transfers from the Russian Federation and to the Russian Federation without opening current currency accounts No. 508 dated August 27, 1997 (hereinafter Order No. 508).

The order does not apply:

1. for individual entrepreneurs. Individual entrepreneurs transfer foreign currency from the Russian Federation and receive the transferred foreign currency to the Russian Federation in accordance with the currency legislation only through current currency accounts opened with authorized banks.
2. for transfers by individuals of foreign currency from the Russian Federation and receipt by individuals of foreign currency transferred to the Russian Federation, if these transfers are related to the implementation of entrepreneurial activities, investment activities or the acquisition of rights to real estate.

The transfer of foreign currency from the Russian Federation and the receipt of the transferred foreign currency to the Russian Federation are carried out by an individual (his representative) upon presentation of a passport or other substitute document proving the identity of an individual (a residence permit in the Russian Federation - for foreign citizens and stateless persons, if they permanently reside on the territory of the Russian Federation, an identity card of a serviceman or a military ID - for military personnel of the Russian Federation), presentation of an order (application), other documents in cases established by Procedure No 508, as well as a power of attorney when making or receiving a transfer by a representative.

In the application for transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation, the following must be indicated:

Surname, name, patronymic, identity document (number, series, by whom and when issued) of the sender of the payment (when transferring from the Russian Federation);

Surname, name, patronymic and full address of the payee, identity document (number, series, by whom and when issued) of the payee (when transferring to the Russian Federation);

The amount of the transfer and the purpose of the transfer in accordance with Order No. 508;

Date and signature of the individual.

In the order (application) for the transfer from the Russian Federation and receipt of foreign currency transferred to the Russian Federation by an individual, an entry is made confirming that this transfer is not related to the implementation of entrepreneurial activities by the individual (for example, "the currency transaction being performed is not related to the implementation of entrepreneurial activities" ).

When an individual submits documents that do not meet the above requirements, as well as in case of refusal to provide the documents required in accordance with Order No. 508, the authorized bank does not transfer (issue) foreign currency.

1. Receiving transfers in foreign currency

Regulation No. 39 and Procedure No. 508 provide for a list of payments that can be received by resident individuals without the permission of the Bank of Russia:

• transfer to foreign currency accounts in authorized banks of amounts in foreign currency as payment for insurance amounts (insurance indemnity) subject to the requirements of the legislation of the Russian Federation on insurance. This operation can be carried out both through the bank account of a resident individual, and without opening such an account;
• crediting to foreign currency accounts of residents opened with authorized banks of the Russian Federation who are recipients of transfers of pensions, alimony, state benefits, additional payments and compensations by non-residents, amounts paid on the basis of sentences, decisions and rulings of judicial and other competent authorities, inheritance amounts and amounts received from sale of hereditary property, as well as payments for reimbursement of expenses of judicial, arbitration, notary and other administrative bodies (including payment of taxes, fees, duties and other obligatory payments for the performance by these bodies of their functions) in accordance with the legislation of the Russian Federation. At the same time, the payment of mandatory payments to the state (taxes, dues, duties and other gratuitous payments) in foreign currency is carried out in accordance with the federal laws of the Russian Federation. It is also allowed to credit these payments to the foreign currency accounts of representatives of the recipients of these payments opened with authorized banks of the Russian Federation. At the same time, these funds, if there is a corresponding instruction from the client, can be transferred from the foreign currency accounts of representatives opened with authorized banks of the Russian Federation to foreign currency accounts of the represented persons opened with authorized banks of the Russian Federation. These operations can be carried out both through the bank account of a resident individual, and without opening such an account.

Foreign currency transferred to the Russian Federation in favor of residents without opening bank accounts, in cases and subject to the conditions provided for by the Procedure, may be an authorized bank:

a) issued in cash. In this case, the payment can be made in any cash foreign currency at the choice of an individual, including - other than the transfer currency. When issuing a transfer in cash foreign currency, the authorized bank issues to the transfer recipient a Certificate, which is the basis for exporting cash foreign currency abroad;

b) credited to the transfer recipient's current currency account opened with an authorized bank.

Receipt by a resident individual of foreign currency transferred to the Russian Federation may be carried out when transferring foreign currency to the Russian Federation:

By a resident individual in his own name;

By a non-resident in the name of a resident individual;

By a resident individual in the name of another resident individual.

When an individual receives a foreign currency transferred to the Russian Federation that is not related to entrepreneurial activities, as well as investment activities or the acquisition of rights to real estate, the application for receiving foreign currency must indicate the basis for the transfer (donation, repayment of debt under a loan agreement, etc.). .d.).

If, in accordance with the legislation, the conclusion of a transaction is required in writing, then upon receipt by an individual of foreign currency transferred to the Russian Federation, in addition to an application for receiving foreign currency, the relevant documents must be submitted.

• Foreign currency transfers from the Russian Federation

Resident individuals in accordance with paragraph 6 of Art. 6 of the Law have the right to transfer, export and send from the Russian Federation foreign currency previously transferred, imported or sent to the Russian Federation, subject to customs rules within the limits specified in the declaration or other document confirming the transfer, import or transfer of foreign currency to the Russian Federation.

Regulation No 39 establishes that individuals residents have the right to carry out the following currency transactions without the permission of the Bank of Russia:

• transfers in payment of entrance and membership fees in favor of international non-governmental organizations that are non-residents;
• transfers of foreign currency in favor of non-residents - organizers of international symposiums, conferences, other international meetings, as well as international exhibitions, fairs, sports competitions, other cultural events held on the territory of foreign states, for the participation of residents in these events, with the exception of costs accounted for as capital investments in accordance with the accounting rules of the respective states;
• transfers from the Russian Federation of foreign currency to pay insurance premiums (insurance premiums) to non-resident insurers, regardless of the insured interest;
• transfers from the Russian Federation by residents of foreign currency in favor of non-residents in payment for subscriptions to foreign periodicals;
• transfers from the Russian Federation of foreign currency in favor of non-residents in payment for education and treatment of individuals. At the same time, any residents (individuals and legal entities), including those who are not recipients of education and treatment services, can pay for the above expenses of individuals;
• transfers from the Russian Federation of pensions, alimony, state benefits, additional payments and compensations, amounts paid on the basis of sentences, decisions and rulings of judicial and other competent authorities, amounts of inheritance and amounts received from the sale of inheritance property, as well as payments to reimburse court expenses, arbitration, notarial and other administrative bodies (including payment of taxes, fees, duties and other obligatory payments for the performance by these bodies of their functions) in accordance with the laws of foreign states;
• transfers of foreign currency from the Russian Federation in favor of non-residents, whose main activity is related to the sale of goods to individuals outside the Russian Federation in retail trade (performance of works, provision of consumer services), as payment for goods purchased from these non-residents outside the Russian Federation (works, services);
• transfers from the Russian Federation for current expenses not related to business activities, investment activities or the acquisition of rights to real estate, in accordance with Section III of Order No. 508. In this case, the amount of transfers should not exceed 2,000 US dollars or another foreign currency equivalent to this amount, in one operational day from one current currency account opened in an authorized bank (branch of an authorized bank). In case of such a transfer, a resident individual submits to the authorized bank a Certificate, which is the basis for the export of cash foreign currency abroad. The specified transfer can be made by a resident individual no more than once in one business day through an authorized bank (branch of an authorized bank).

The above operations can be carried out:

• through currency accounts of an individual payer in an authorized bank of the Russian Federation;
• through currency accounts of the payer's representative in an authorized bank of the Russian Federation;
• without opening current foreign currency accounts.

If the above transfers are systematic (at least once a month in one authorized bank or its branch), then a “File of currency transfers carried out without opening a current currency account” is filed for an individual.

Foreign currency transfers when traveling abroad

In accordance with paragraph 8 of section VIII of the Letter of the State Bank of the USSR of May 24, 1991 No 352 "On the regulation of foreign exchange transactions on the territory of the USSR" (hereinafter - Letter No 352), foreign currency held on residents' accounts in authorized banks may be exported or transferred abroad when the account holder travels abroad.

When an individual travels abroad for a permanent place of residence, this person, in order to transfer foreign currency from his current currency account, must submit to the authorized bank documents confirming his departure (foreign passport with the mark "Departure for permanent residence", signed by an employee of the OViR of the Ministry of Internal Affairs of Russia , as well as an open entry visa of the foreign state to which the resident individual intends to leave for permanent residence). The transfer of foreign currency belonging to him from his current foreign currency account by an individual leaving for a permanent place of residence abroad is carried out without restrictions.

Currency transactions carried out without the participation of banks

The list of foreign exchange operations, the implementation of which is possible without authorized banks, was established by Letter No. 352. The Bank of Russia confirmed the validity of this document on the territory of the Russian Federation. Free (unlicensed) implementation of the following currency operations is allowed:

a) transfer of currency values ​​as a gift to the state, funds, organizations for public and charitable purposes;

b) donations of currency values ​​to a spouse and close relatives;

c) bequests of currency values ​​or their receipt by inheritance right;

d) acquisition, sale and exchange for the purpose of collecting single foreign banknotes and coins, including those made of precious metals, in the manner, in the manner prescribed by law.

Accounts of individuals in foreign currency

Decree No. 213 allowed banks authorized to conduct foreign exchange transactions on the territory of the Russian Federation to open foreign currency accounts for any citizen.

The mode of an individual's account in foreign currency is determined by the bank account agreement, taking into account the requirements of the currency legislation.

Currently, there is no single document that would combine these requirements. Below is the mode of the account of an individual, compiled on the basis of an analysis of a number of regulations.

The following are credited to the account:

• amounts of wages in foreign currency and other currency receipts of a non-commercial nature due to resident individuals and transferred in the Russian Federation to the foreign currency accounts of these persons in authorized banks;
• cash foreign currency accepted from individuals, account holders, or their representatives. Submission of documents on the origin of foreign currency is not required;
• receipts of foreign currency in the cases described above.

Funds from the account are used:

• to withdraw cash foreign currency by the account holder or his representative;
• to purchase payment documents in foreign currency;
• for sale for rubles to an authorized bank;
• for making transfers abroad, described in the previous section.
• to carry out other foreign exchange transactions in accordance with applicable law, as a rule, after obtaining permission from the Bank of Russia.

Often in practice there are questions about the possibility of paying wages in foreign currency. These relations are regulated in the following order:

The provision of subparagraph d of paragraph 9 of Article 1 of the Law refers to current operations transfers of wages to and from the Russian Federation. Thus, the payment of wages without crossing the border cannot be considered as a current currency transaction and, accordingly, is a capital transaction. According to the Law, the procedure for carrying out capital transactions is established by the Bank of Russia.

This procedure was determined by the Letter of the Central Bank of the Russian Federation dated September 2, 1994 No. 107 "On clarifying the procedure for the circulation of foreign currency in cash on the territory of the Russian Federation."

It has been established that resident legal entities cannot accrue and pay in foreign currency on the territory of the Russian Federation to resident individuals wages, bonuses, any other remuneration and payments related to the performance by these individuals of their labor duties (including when concluding an employment contract). (contract) for a certain period and for the duration of certain work), as well as pay in foreign currency for the work (services) of individuals under work contracts and other civil law agreements. Such payments and rewards cannot be made not only in foreign currency, but also by transferring other currency values ​​to resident individuals.

Features of currency transactions with plastic cards

It should also dwell on the regulation of foreign exchange transactions carried out using bank cards.

Operations with the use of bank cards are regulated by the Regulation of the Bank of Russia dated 04/09/1998. No. 23-P “On the Procedure for Issuing Bank Cards by Credit Institutions and Making Settlements for Operations Made with Their Use” (hereinafter Regulation No. 23).

Regulation No. 23 defines bank card as a means for compiling settlement and other documents payable at the expense of the client. At the same time, a document on transactions using bank cards (hereinafter referred to as the "document") is a document that is the basis for settlements on transactions using bank cards and / or serves as confirmation of their completion, drawn up using bank cards or their details on paper and /or in electronic form, personally signed by the bank card holder or an analogue of his handwritten signature.

Bank cards are issued on the territory of the Russian Federation by resident credit institutions.

The issuance of bank cards to the client is carried out on the basis of an agreement concluded with him. The name and logo of the issuer must be present on the bank card, uniquely identifying it.

The issuer is obliged to notify clients of the need to obtain mandatory permission from the Bank of Russia in order to carry out currency transactions related to the movement of capital (including when making cross-border payments with subsequent reimbursement of the issuer's expenses in rubles), in accordance with currency legislation.

One customer account can record transactions using several bank cards of the same type (settlement, credit) of one or different payment systems issued by credit institution either to the client himself or to persons authorized by the client.

Individuals - residents can be issued bank cards of the following types:

settlement card - a bank card issued to the owner of funds on a bank account, the use of which allows the holder of a bank card, according to the terms of the agreement between the issuer and the client, to dispose of the funds on his account within the spending limit (authorization limit) - the maximum amount of funds, available to the holder of a bank card during a certain period for making transactions using bank cards, established by the issuer, paying for goods and services and / or receiving cash;

credit card - a bank card, the use of which allows the holder of a bank card, in accordance with the terms of the agreement with the issuer, to carry out transactions in the amount of the credit line provided by the issuer and within the spending limit set by the issuer, payment for goods and services and / or receipt of cash.

All settlements on transactions with the use of bank cards made on the territory of the Russian Federation must be carried out only in the currency of the Russian Federation, with the exception of receiving foreign currency in cash.

Currency exchange transactions using bank cards are carried out in accordance with the currency legislation of the Russian Federation, subject to Regulation No. 23-P.

When making transactions using bank cards in the absence of funds on the client's account, settlements for such transactions are carried out by providing the client with a loan for the appropriate amount under the terms of the agreement between the issuer and the client.

When an individual performs non-cash transactions at trade (service) enterprises and operations for receiving cash in the currency of the Russian Federation, it is allowed to debit funds from the accounts of individuals opened in foreign currency.

When an individual performs non-cash transactions at trade (service) enterprises and operations for receiving cash in foreign currency, it is allowed to debit funds from the accounts of individuals opened in the currency of the Russian Federation. In this case, the foreign currency acquired by the issuer at the expense of the client's ruble accounts for the subsequent settlement of transactions made in foreign currency shall not be credited to the current foreign currency accounts of the clients holding ruble accounts.

Movement of currency values ​​across the border of the Russian Federation

Since July 7, 1999, for individuals residents, a limit has been set for the one-time export of foreign currency in cash from the Russian Federation in the amount equivalent to 10,000 US dollars. The law defines the condition for exceeding the specified limit obtaining permission from the Bank of Russia.

The joint Regulations of the Bank of Russia and the State Customs Committee of the Russian Federation on the procedure for the export of cash foreign currency by individuals from the Russian Federation NoNo 105-P, 01-100 / 1 on January 12, 2000 (hereinafter in this paragraph - the Regulation), established that resident individuals have the right to export from the Russian Federation, subject to customs rules, foreign currency in cash previously transferred or imported into the Russian Federation, as well as withdrawn from an account (deposit) in an authorized bank or acquired in an authorized bank in the manner prescribed by the legislation of the Russian Federation.

Individuals - residents have the right, without obtaining permission from the Bank of Russia, subject to customs rules, to simultaneously export cash foreign currency from the Russian Federation in an amount not exceeding the equivalent of 10,000 US dollars.

In the case of a one-time export from the Russian Federation by individuals - residents of foreign currency in cash in an amount equal to or not exceeding the equivalent of 1,500 US dollars, it is not required to submit to the customs authorities that carry out customs clearance documents confirming the transfer or import of foreign currency into the Russian Federation, withdrawal of foreign currency from current currency account (deposit) in an authorized bank or purchase of foreign currency in an authorized bank of the Russian Federation.

When exporting cash foreign currency from the Russian Federation in an amount exceeding the equivalent of 1,500 US dollars, but not more than an amount equal to the equivalent of 10,000 US dollars, resident individuals submit to the customs authorities that carry out customs clearance documents confirming the transfer or import of foreign currency in the Russian Federation, withdrawal of foreign currency from a current foreign currency account (deposit) in an authorized bank or its purchase in an authorized bank of the Russian Federation.

In the event of a one-time export from the Russian Federation of foreign currency in cash (with the exception of foreign currency received to pay for travel expenses outside the Russian Federation) in an amount exceeding the equivalent of 10,000 US dollars, resident individuals submit to the customs authorities that carry out customs clearance a permit from the Bank of Russia issued by in the manner established by the Bank of Russia in agreement with the Government of the Russian Federation. At the same time, it is not required to submit to the customs authorities performing customs clearance documents confirming the transfer or import of foreign currency into the Russian Federation, the withdrawal of foreign currency from a current foreign currency account (deposit) or its purchase in an authorized bank of the Russian Federation.

The recalculation of the amounts of foreign currency exported by individuals (residents and non-residents) from the Russian Federation into amounts equivalent to US dollars, for the purposes of the Regulations, is carried out using the exchange rate of the Russian ruble against foreign currencies established by the Bank of Russia on the date of customs clearance of the exported foreign currency in cash.

Currency transactions outside the Russian Federation

The law does not provide a clear and unambiguous regulation of foreign exchange operations of individuals residents abroad.

The preamble of the Law states that the Law "determines of the rights and obligations of legal entities and individuals in relation to the possession, use and disposal of currency values." A number of regulations establish the rules for conducting foreign exchange transactions of residents outside the Russian Federation.

For example, clause 11 of section VIII of Letter No 352 establishes a requirement for individuals, at the end of their stay abroad, to close accounts in foreign banks and transfer account balances to an authorized bank of the Russian Federation or carry, in compliance with customs rules, foreign currency values ​​received abroad in the Russian Federation.

On the basis of the norm of the Preamble of the Law, the employees of the currency control bodies argue that all transactions of residents abroad of the Russian Federation must be carried out taking into account the restrictions of the currency legislation of the Russian Federation.

Regulation No. 39 provides that resident individuals may acquire for foreign currency residential houses and apartments located outside the Russian Federation and being such in accordance with the legislation of their location, as well as other rights to the said property by: accounts of these persons in authorized banks of the Russian Federation; payment for the said property at the expense of funds held on the accounts of individuals opened by these persons in accordance with the procedure established by the Bank of Russia with non-resident banks; payment of said property at the expense of funds in foreign currency exported from the Russian Federation in accordance with the procedure established by the legislation of the Russian Federation. Such an operation does not require a permit (license) from the Bank of Russia. However, these rules have not yet been put into effect (clause 1 of the Order of the Bank of Russia dated April 24, 1996 No 02-94).

The law allows residents to open accounts in foreign banks. At the same time, the Bank of Russia is authorized to determine the conditions for opening such accounts for residents. The Bank of Russia has established a permissive procedure for opening such accounts.

Letter No 352 established that for the period of stay abroad, resident individuals can open accounts and deposits in foreign currency in non-resident banks. In other cases, the opening of accounts and deposits abroad by resident individuals is allowed only with the permission (license) of the Bank of Russia.

At the end of the period of stay abroad, the resident is obliged to close accounts in foreign banks and transfer account balances to an authorized bank of the Russian Federation or to carry, in compliance with customs rules, foreign currency values ​​received abroad to Russia.

It should be noted that the current legislation does not provide for the liability of an individual resident for violation of the requirement to close an account with a foreign bank when returning a person to the Russian Federation.

This article will consider only foreign exchange transactions of resident individuals.

Accounting No. 15, 2001

In his Everyday life Citizens often face the need to transfer money abroad. Parents send funds to their children studying at universities in other countries, and those who arrived in the country to work send money to their relatives. However, not all citizens are aware of how to carry out this operation quickly, conveniently, and most importantly - with a minimum commission.

The main ways to transfer money abroad

There are two ways to send money to an individual through a bank: through opening a bank account and without carrying out this operation. Each of the methods has its own advantages and disadvantages, so it makes sense to dwell on each of them in more detail.

Transfer of funds from account to account

This method is relevant for those citizens who are constantly involved in the process of money transfers. This approach is also convenient for those who wish to make a one-time, but rather large transfer of funds. To perform this kind of operation, you need to perform the following steps:

• Apply to any bank with a passport and write an application for opening an account there;
• Sign an agreement on opening an account and receive its full details.

Most often, registration of an account for an individual is carried out by Russian banks free of charge or for a small fee. The account has an indefinite nature of action, however, if no transactions are made on it within 1 year, it is blocked.

In order to transfer funds from an account to an account of an individual located abroad, you will need to go to any branch of the servicing bank and fill out a document for transferring funds. It will need to indicate:

• details of the accounts of the sender and recipient of funds;
• transfer amount;
• payment currency.

Many citizens mistakenly believe that when transferring money from account to account, the bank will notify the tax service about the operation, and the recipient will have to wait for permission from the Federal Tax Service or pay a transfer fee. In reality, financial institutions disclose information about their clients' accounts only at the request of law enforcement agencies.

Among the advantages of transferring funds abroad to an individual's account are the following aspects:

• Commission payments for such an operation are minimal;
• A personal account can be used repeatedly without paying funds for its maintenance;
• The recipient can withdraw the transfer from his card at an ATM if it is linked to the account;
• The sender can transfer funds to the recipient's deposit account and, thereby, save him from having to pay commissions for cash withdrawals.

Transferring funds without opening an account

If a citizen needs to send a small amount of funds at a time, then it is best to use one of the money transfer systems. You can send money abroad through Unistream, Anelik, Western Union, Contact, which are special mechanisms supervised by financial corporations. The latter enter into agreements with banks from different countries, which act as intermediaries in the transfer of funds.

When choosing a suitable system for transferring money abroad, you should pay attention to two things:

• the presence of this system in the country of residence of the recipient;
• transfer fee.

All existing methods function in the same way, and, therefore, it makes no sense to pay more.

To transfer funds to an individual abroad, you should go to any bank that works with the selected system, with a passport and fill out an application for transferring funds, indicating your full name. recipient, country, city of residence and amount of funds. The bank gives the sender a unique code, which he must give to the recipient. It is through him that the latter will be able to take the money.

Transferring funds to a citizen without opening an account will cost more, but it is carried out instantly and is processed in a simpler way.

Legislative regulation of money transfers

Despite the fact that banks keep the details of money transfers secret, the movement of amounts exceeding 600,000 rubles is monitored by the financial monitoring service. This is done with only one purpose: to stop money laundering abroad and other fraudulent transactions. This issue is discussed in detail in FZ-115. Most often, the sender will be forced to fill out a special document revealing the origin of this impressive amount of money.

The transfers themselves are regulated by Federal Law-161, which discloses:

• the main aspects of the work of the international system, which allows banks to transfer funds from an account to an account of citizens;
• basic issues of transferring funds through money transfer systems.

In the Instruction of the Central Bank of the Russian Federation, regarding foreign transfers of individuals No. 1412, it is determined that maximum amount transfers should not exceed $5,000 in one day.

Even knowing all the intricacies of sending money abroad, in order not to get into a difficult situation and not incur extra costs for paying commissions, it makes sense to take into account the following recommendations:

• It is better to transfer large amounts to the account, and small ones - through money transfer systems;
• Of all the mechanisms for transferring money without opening an account, it is better to choose the cheapest system, since high commissions are determined not by the reliability and speed of transferring funds, but by the reputation of a financial corporation. For example, the most expensive system of international transfers of funds is Western Union;
• When opening a bank account, the recipient should ask in advance what percentage is the commission for withdrawing the money received.

Thus, the transfer of funds abroad to an individual can be carried out through special systems or through bank accounts. At the same time, both in the first and in the second case, no permits for transactions from the tax service should be taken. The choice of method of transferring funds, in fact, is determined only by the amount transferred and the cost of the operation.

A resident individual has the right to transfer the currency of the Russian Federation:

No restrictions (except for transfers to a non-resident);
from the Russian Federation in an amount not exceeding the equivalent of 5,000 US dollars, determined using the official exchange rates of foreign currencies against the ruble established by the Bank of Russia on the date of the instruction to the bank to make the said transfer. The total amount of transfers within one day should not exceed the specified amount.

An individual - non-resident has the right to transfer the currency of the Russian Federation:

within the Russian Federation

Resident - only to an account in an authorized bank;

Non-resident - no restrictions.

From the Russian Federation - no restrictions.

Procedure for making foreign currency transfers

A resident individual has the right to transfer foreign currency:

Within the Russian Federation

Residents and / or non-residents only in the order of donating currency values ​​to a spouse and close relatives (at the same time, documents confirming that individuals are spouses or close relatives must be provided to the bank);

To your own account opened on the territory of the Russian Federation - without restrictions.

From the Russian Federation

In favor of a resident or non-resident (including to one's own account, an account of another resident or non-resident opened with a bank outside the Russian Federation) for an amount not exceeding the equivalent of 5,000 US dollars, determined using the official exchange rates of foreign currencies against the ruble established by the Bank Russia on the date of the instruction to the bank to make the said transfer. The total amount of transfers within one day should not exceed the specified amount.

An individual - non-resident has the right to transfer foreign currency:

within the Russian Federation - residents:

1. only to an account in an authorized bank;

2. in the absence of a beneficiary's account opened with an authorized bank - only as a gift of currency values ​​to a spouse and close relatives (in this case, documents confirming that individuals are spouses or close relatives must be submitted to the bank);

non-residents - no restrictions. from the Russian Federation - no restrictions.

The transfer of funds of an individual is carried out on the basis of an application in the established form.

A topical question for many now is: how to transfer your money abroad? For example, to the countries of the EU, USA or Canada, etc. What problems can arise in this case and what are the alternative options?

It is clear that it is risky to carry large amounts of cash across the border, and problems with legalization later on the spot can also arise.

On the other hand, with non-cash transfers abroad and currency control in Russia, everything is also not so easy, but nevertheless ...

How to make a currency transfer abroad?

Let's say that you have already opened an account in a foreign bank (which in itself is not so easy).

Further, let me remind you that the main problem for Russians at the present time is the fact that in order to send funds in foreign currency to their own foreign currency account in a foreign bank, in accordance with Article 24 of the Federal Law "On currency regulation and currency control", they are obliged notify the tax authorities about opening accounts outside of Russia.

After that, you can transfer funds from your account in a Russian bank only by providing the bank with the same notification with a tax visa about taking it into account (accounting).

Also, our state has recently taken care of us again by deciding that the Russians report to the tax authorities on the movement of funds in their foreign accounts, annually providing certified (including notarized) certificates from foreign banks. Regardless of the time and financial costs such a report will cost each Russian owner of a foreign account.

However, there is a way out and quite simple 🙂.

Federal Law "On currency regulation and currency control" dated December 10, 2003 N 173-FZ restrictions on currency bank transfers between the accounts of spouses and close relatives have been lifted.

The amount of transfers is not limited, but for their implementation it is necessary to provide documents confirming kinship (for example, a copy of a marriage certificate or birth certificate).

Article 9. Currency transactions between residents
1. Currency transactions between residents are prohibited, except for:
…
17) transfers by individuals - residents of foreign currency from their accounts opened with authorized banks in favor of other individuals - residents who are their spouses or close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren ), full-blooded and half-blooded (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation;
(Clause 17 was introduced by Federal Law No. 127-FZ of July 5, 2007, as amended by Federal Law No. 155-FZ of July 2, 2013)
via www.consultant.ru/popular/currency/47_2.html

The Bank of Russia has determined the list of required documents: in addition to a passport, a client may need a marriage certificate, a birth or adoption certificate, a certificate of name change and paternity, etc.

Some banks in such cases may ask additionally (on their own initiative for insurance), in addition to other documents, to provide, for example, a document of donation, loan, etc., which must be signed by the sender and recipient of funds.

Thus, I summarize:

The husband opened an account in a Spanish bank. I called my wife, dictated the details. The wife went to the bank with a marriage certificate and transferred 200 thousand dollars from her foreign currency account to her husband's account in Spain.

The son opened a bank account in the United States. Emailed the details to my mom. Mom went to the bank with currency and a birth certificate, put the currency into her account and transferred the money to her son's account in the United States.

Don't you think that some hemorrhoids are missing in these chains?! That's right, the wife and mother did not go to the tax office - they are not required to do this by law. Further, I think, the course of thoughts and actions is clear to you.