Denis Valentinovich Manturov Minister of Industry and Trade of the Russian ...
RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE BAN
STORE CASH AND VALUES IN FOREIGN
BANKS LOCATED OUTSIDE THE TERRITORY OF THE RUSSIAN
FEDERATION, OWN AND (OR) USE FOREIGN
FINANCIAL INSTRUMENTS
The State Duma
Federation Council
Article 1.
(as amended by Federal Law of 28.12.2016 N 505-FZ)
1. By this Federal Law in order to ensure national security Russian Federation, streamlining lobbying activities, expanding investment in the national economy and increasing the effectiveness of combating corruption, a prohibition is established for persons who take on duty decisions concerning the sovereignty and national security of the Russian Federation, and (or) participate in the preparation of such decisions, to open and have accounts ( deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, determine the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition, and measures of responsibility for its violation.
2. For the purposes of this Federal Law, foreign financial instruments mean:
1) securities and related financial instruments of non-residents and (or) foreign structures without formation legal entity, which, in accordance with the international standard "Securities - International System for the Identification of Securities (International Securities Identification Codes (ISIN)", approved by the International Organization for Standardization, have been assigned an international security identification code. In this Federal Law, the concept of "foreign structure without formation legal entity "is used in the meaning defined by the legislation of the Russian Federation on taxes and fees, the concept of" non-resident "in the meaning defined in clause 7 of part 1 of article 1 of the Federal Law of December 10, 2003 N 173-FZ" On currency regulation and currency control ";
2) shares of participation, shares in the authorized (share) capital of organizations, the place of registration or location of which is a foreign state, as well as in the property of foreign structures without the formation of a legal entity, not defined in accordance with paragraph 1 of this part as securities and classified to them financial instruments;
3) contracts that are derivative financial instruments and defined in part twenty-nine of Article 2 of the Federal Law of April 22, 1996 N 39-FZ "On the Securities Market", if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without formation of a legal entity;
4) the trust management of property established in accordance with the legislation of a foreign state, the founder and (or) beneficiary of which is the person specified in Part 1 of Article 2 of this Federal Law;
5) loan agreements, if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without forming a legal entity;
6) loan agreements concluded with foreign banks or other foreign banks located outside the territory of the Russian Federation credit institutions.
3. In this Federal Law, the prohibition to own and use foreign financial instruments means a prohibition on direct and indirect (through third parties) possession and (or) use of such financial instruments.
Article 2.
1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) public office of the Russian Federation;
b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;
c) positions of members of the Board of Directors of the Central Bank of the Russian Federation;
d) public offices of the constituent entities of the Russian Federation;
e) positions of the federal public service, the appointment and release from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;
f) positions of deputy heads of federal executive bodies;
g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and release from which are carried out by the President of the Russian Federation or the Government of the Russian Federation;
h) positions of heads of city districts, heads municipal districts, heads of other municipalities acting as heads of local administrations, heads of local administrations;
i) positions of the federal civil service, positions of the state civil service of the constituent entities of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws, individual positions on the basis of employment contract in organizations created to carry out tasks assigned to federal state bodies, the exercise of powers for which provides for participation in the preparation of decisions affecting the sovereignty and national security of the Russian Federation, and which are included in the lists established respectively by regulatory legal acts of federal state bodies, constituent entities of the Russian Federation Federation, regulations of the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws;
(clauses "and" introduced by Federal Law of December 22, 2014 N 431-FZ)
1.1) deputies of representative bodies of municipal districts and urban districts, exercising their powers on a permanent basis, deputies filling positions in representative bodies of municipal districts and urban districts;
(Clause 1.1 was introduced by the Federal Law of 03.11.2015 N 303-FZ)
2) spouses and minor children of the persons specified in subparagraphs "a" - "h" of paragraph 1 and paragraph 1.1 of this part;
(as amended by Federal Laws of 22.12.2014 N 431-FZ, of 03.11.2015 N 303-FZ)
3) other persons in the cases provided for federal laws.
2. The federal laws specified in clause 3 of part 1 of this article may provide for the periods during which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting the relevant inspections, as well as the legal consequences of failure to comply with the prohibition established by this Federal Law.
3. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons specified in clause 1 of part 1 of this article who replace (occupy) public offices of the Russian Federation, federal state offices. services in official representations of the Russian Federation located outside the territory of the Russian Federation, official representations of federal executive bodies, positions in representations of state corporations (companies) and organizations created to support the activities of federal state bodies, as well as for spouses and minor children of these persons.
(Part 3 as amended by Federal Law of December 22, 2014 N 431-FZ)
Article 3.
1. The persons specified in Clauses 1 and 2 of Part 1 of Article 2 of this Federal Law shall, within three months from the date of entry into force of this Federal Law, close accounts (deposits), stop storing cash and valuables in foreign banks located behind outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In the event of failure to fulfill such an obligation, the persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law shall be obliged to terminate their powers ahead of schedule, vacate the position being replaced (occupied), or resign.
2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for by Part 1 of this Article and Part 3 of Article 4 of this Federal Law in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances beyond the control of the persons indicated in Part 1 of Article 2 of this Federal Law, such requirements must be met within three months from the date of termination of the arrest specified in this Part, the prohibition of the order or the termination of other circumstances.
2.1. Each case of failure to comply with the requirements provided for in Part 1 of this Article and (or) Part 3 of Article 4 of this Federal Law shall be considered in the prescribed manner at a meeting of the relevant commission for compliance with the requirements for official conduct and settlement of conflicts of interest (commission for monitoring the reliability of information on income , on property and property obligations).
(Part 2.1 was introduced by Federal Law No. 354-FZ, dated 28 November 2015)
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of the management is a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments shall be terminated within three months from the date of entry into force of this Federal Law.
4. In the event that, as a result of inheritance acceptance in accordance with the legislation of the Russian Federation or the legislation of a foreign state, by the persons specified in Part 1 of Article 2 of this Federal Law, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, in the direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as the acquisition of the status of the founder and (or) beneficiary of the trust management of inherited property (inheritance fund, trust) established in accordance with the legislation of a foreign state are obliged to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate received foreign financial instruments, terminate possession and (or) use of foreign financial instruments in a different way.
(Part 4 is introduced by the Federal Law of 01.05.2019 N 73-FZ)
Article 4
1. Persons specified in clauses 1, 1.1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On anti-corruption "), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature indicate information about the immovable property belonging to them, their spouses and minor children located outside the territory of the Russian Federation , on the sources of receipt of funds at the expense of which the specified property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
(as amended by Federal Law of 03.11.2015 N 303-FZ)
2. Citizens claiming to fill (occupy) positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitted in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for in part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
3. The persons specified in Part 1 of Article 2 of this Federal Law are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in Clause 1 of Part 1 of Article 2 of this Federal Law, to close accounts (deposits), to stop storing cash funds and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as terminate the trust management of property, which provides for investment in foreign financial instruments and the founders of the management in which these persons act.
(as amended by Federal Laws of December 22, 2014 N 431-FZ, of November 28, 2015 N 354-FZ)
Article 5.
1. The basis for making a decision to verify compliance by a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) to use foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in part 1 of this article may be submitted in writing according to established order:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local self-government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local self-government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations that are not political parties registered in accordance with the law;
3) the Public Chamber of the Russian Federation;
4) by all-Russian means mass media.
3. Information of an anonymous nature cannot serve as a basis for making a decision to carry out an inspection.
Article 6.
1. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection shall be made in the manner prescribed for making a decision on the implementation of an inspection of a person's observance of prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The inspection is carried out in the manner and terms that are provided for the verification of compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7.
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, subdivisions and officials specified in part 1 of this article shall have the right:
1) conduct, on his own initiative, a conversation with the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
2) study Additional materials received from the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, or from other persons;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
3) receive from the person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, explanations on the information and materials provided by him;
(as amended by Federal Law of 03.11.2015 N 303-FZ)
4) send, in accordance with the established procedure, requests to the prosecutor's office of the Russian Federation, other federal government bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states about the information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation , own and (or) use foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, subdivisions and officials specified in part 1 of this article, in terms of sending requests provided for by this paragraph, are determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received the request provided for in paragraph 4 of part 2 of this article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
Article 8.
The person specified in Clauses 1, 1.1 of Part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments is entitled to:
(as amended by Federal Law of 03.11.2015 N 303-FZ)
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to a body, division or to an official specified in Part 1 of Article 7 of this Federal Law to hold a conversation with him on issues related to the implementation of an audit. The petition is subject to mandatory satisfaction.
Article 9
The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments may be removed from the position being replaced (occupied) in the prescribed manner for a period not exceeding sixty days from the date of the decision to carry out the audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position, the salary for the replaced (occupied) position is retained.
Article 10.
Failure by the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, his spouse and (or) minor children to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, to own and (or) use foreign financial instruments entails early termination of powers, dismissal from the replaced (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws defining legal status the person concerned.
The president
Russian Federation
Moscow Kremlin
BOARD OF DEPUTIES
SETTLEMENT ROGOVSKOE IN THE CITY OF MOSCOW
SOLUTION NO. 29/2
On the approval of the provision "On the prohibition of certain
keep cash and valuables
in foreign banks located outside
the territory of the Russian Federation, own and (or)
use foreign financial instruments "
In accordance with the Federal Law of 05/07/2013. No. 79-FZ "On the prohibition specific categories persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments ",
The Council of Deputies of the Rogovskoye settlement decided:
- To approve the regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (Appendix).
- Publish this decision in the bulletin "Moscow Municipal Bulletin" and place it on the website of the administration of the Rogovskoye settlement in the information and telecommunications network "Internet".
- This decision comes into force from the date of publication.
- Control over the implementation of this decision shall be entrusted to the head of the Rogovskoye settlement.
Head of the Rogovskoye settlement O.A. Vdovina
Application
to the decision of the Council of Deputies
settlement Rogovskoe
Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"
Article 1.
By this Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (hereinafter - the Regulation) for the purposes of increasing the effectiveness of combating corruption, a ban is established for persons who, on duty, make decisions concerning the sovereignty and national security of the Russian Federation, and (or) participate in the preparation of such decisions, open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation to own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and measures of responsibility for its violation are determined.
Article 2.
1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
1) persons replacing (occupying):
a) positions of the acting heads of local administrations, heads of local administrations;
2) spouses and minor children of persons specified in subparagraphs "a" - paragraph 1 of this part;
2. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to persons who fill (hold) public positions of the Russian Federation, federal public service positions in official representations of the Russian Federation, official representations of federal executive bodies, positions in representations of state corporations (companies) and organizations created to support the activities of federal state bodies, as well as for the spouses and minor children of these persons.
Article 3.
1. The persons specified in clauses 1 of part 1 of article 2 of these Regulations are obliged within three months from the date of entry into force of the Federal Law of 07.05.2013. No. 79 "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" close accounts (deposits), stop storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in clause 1 of part 1 of article 2 of these Regulations are obliged to early terminate their powers, vacate the position being replaced (occupied) or resign.
2. In the event that the persons specified in part 1 of article 2 of this Regulation cannot fulfill the requirements provided for in part 1 of this article and part 3 of article 4 of this Regulation, in connection with the arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or due to other circumstances beyond the control of the will of the persons specified in part 1 of Article 2 of this Regulation, such requirements must be fulfilled within three months from the date of termination of the arrest specified in this part, the prohibition of the order or the termination of other circumstances.
2.1. Each case of failure to comply with the requirements provided for in part 1 of this article and (or) part 3 of article 4 of this Regulation shall be considered in accordance with the established procedure at a meeting of the relevant commission for compliance with the requirements for official conduct and settlement of conflicts of interest (commission for monitoring the reliability of information on income, on property and property obligations).
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of the management is a person who, in accordance with this Regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory Of the Russian Federation, to own and (or) use foreign financial instruments, shall be terminated within three months from the date of entry into force of the Federal Law of 07.05.2013. No. 79 "On the prohibition for certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments."
Article 4
1. Persons specified in clauses 1 of part 1 of article 2 of these Regulations, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption" ), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature indicate information about the real estate belonging to them, their spouses and minor children, located outside the territory of the Russian Federation, about the sources receipt of funds at the expense of which the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses (spouses) and minor children.
2. Citizens claiming to fill (occupy) positions specified in clause 1 of part 1 of article 2 of this Regulation, when submitted in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other by the regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for in part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
3. The persons specified in part 1 of article 2 of this Regulation are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in paragraph 1 of part 1 of Article 2 of this Regulation, to close accounts (deposits), stop storing cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as terminate trust management of property, which provides for investment in foreign financial instruments and the founders of the management in which these persons act.
Article 5.
1. The basis for making a decision to verify compliance by a person who, in accordance with this Regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
2. The information specified in part 1 of this article may be submitted in writing in accordance with the established procedure:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local self-government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local self-government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations that are not political parties registered in accordance with the law;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
3. Information of an anonymous nature cannot serve as a basis for making a decision to carry out an inspection.
Article 6.
1. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. The decision to carry out an inspection shall be made in the manner prescribed for making a decision on the implementation of an inspection of a person's observance of prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
3. The inspection is carried out in the manner and terms that are provided for the verification of compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
Article 7.
1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
2. When carrying out an inspection, the bodies, subdivisions and officials specified in part 1 of this article shall have the right:
1) conduct, on his own initiative, a conversation with the person specified in Clauses 1 of Part 1 of Article 2 of this Federal Law;
2) study additional materials received from the person specified in Clauses 1 of Part 1 of Article 2 of this Federal Law, or from other persons;
3) receive from the person specified in Clauses 1 of Part 1 of Article 2 of this Federal Law clarifications on the information and materials provided by him;
4) send, in accordance with the established procedure, requests to the prosecutor's office of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states on the information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, subdivisions and officials specified in part 1 of this article, in terms of sending requests provided for by this paragraph, are determined by the President of the Russian Federation;
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of bodies and organizations located on the territory of the Russian Federation who have received the request provided for in paragraph 4 of part 2 of this article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
Article 8.
The person specified in clauses 1 of part 1 of article 2 of this Regulation, in connection with the verification of compliance by him, his wife (spouse) and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, have the right to own and (or) use foreign financial instruments:
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to a body, division or to an official specified in Part 1 of Article 7 of this Federal Law to hold a conversation with him on issues related to the implementation of an audit. The petition is subject to mandatory satisfaction.
Article 9
The person specified in clause 1 of part 1 of Article 2 of this Regulation, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks, located outside the territory of the Russian Federation, possessing and (or) using foreign financial instruments may be removed from the position being replaced (occupied) in the prescribed manner for a period not exceeding sixty days from the date of the decision to carry out an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position, the salary for the replaced (occupied) position is retained.
Article 10.
Failure by the person specified in paragraph 1 of part 1 of Article 2 of this Regulation, his spouse and (or) minor children to comply with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation , to own and (or) use foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person in question
Federal Law of 05/07/2013 N 79-FZ (revised from 05/01/2019) "On the prohibition of certain categories of persons to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "(as amended and supplemented, entered into force on 06.08.2019)
The State Duma
Federation Council
Judicial practice and legislation - 79-FZ On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
Statement of a civil servant on the impossibility of fulfilling the requirements of the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments "<4>(hereinafter - the Federal Law "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments") in connection with arrest, prohibition of orders imposed by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children;
ADMINISTRATION OF ANNUNCIATION RURAL SETTLEMENT
BOLSHESELSKY MR, YAROSLAVSK REGION
RESOLUTION
dated 20.01.2015 No. 4
village Borisovskoe
"On the prohibition of certain categories of persons to open
and have accounts (deposits), keep cash
funds and values in foreign banks,
located outside the territory
Of the Russian Federation, to own and (or) use
foreign financial instruments ”.
In accordance with Federal Law No. 79-FZ dated 07.05.2013 “On the prohibition of certain categories of persons to open or have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments ”.
I DECIDE:
... 1. To approve the Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (Appendix).
2. The decision is to be posted on the website of the Administration of the Blagoveshchensk rural settlement.
3. The resolution comes into force from the moment of its signing.
Head of Administration
Blagoveshchensk rural settlement A.V. Berezin
Application
to the resolution of the Administration
Blagoveshchensky rural settlement
No. 4 dated 20.01.2015
Provision on the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments
1.This Regulation, in order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and increase the effectiveness of combating corruption, prohibits persons who make decisions on duty, affecting the sovereignty and national security of the Russian Federation, to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established are determined, the procedure for verifying compliance by these persons with this prohibition and measures of responsibility for its violation.
2. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
to persons replacing (occupying):
the position of the head of the Blagoveshchensk rural settlement;
spouses and minor children, persons holding the municipal office of the Blagoveshchensk rural settlement administration.
3. The persons specified in clause 2 of this provision are obliged, within three months from the date of entry into force of this provision, to close accounts (deposits), stop storing cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) carry out the alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in clause 2 of this provision are obliged to terminate their powers ahead of time, vacate the position being replaced (occupied) or resign.
In the event that the persons referred to in paragraph 2 of this provision cannot fulfill the requirements provided for in paragraph 1 in connection with the arrest, prohibition of orders imposed before the date of entry into force of this provision by the competent authorities of a foreign state in accordance with the legislation of this foreign state, in the territory of which the accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the arrest and prohibition of the order specified in this part.
Trust management of property, which provides for investment in foreign financial instruments and the founder of the management is a person who, in accordance with this regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation , possession and (or) use of foreign financial instruments shall be terminated within three months from the date of entry into force of this provision.
4. The persons specified in Article 2 of this provision, when submitted in accordance with federal constitutional laws, Federal Law of December 25, 2008 No. 273-FZ "On Combating Corruption" (hereinafter - the Federal Law "On Combating Corruption"), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature indicate information about the immovable property belonging to them, their spouses and minor children, located outside the territory of the Russian Federation, about the sources of obtaining funds, for the account of which the specified property was acquired, about their obligations of a property nature outside the territory of the Russian Federation, as well as information about such obligations of their spouses and minor children.
Citizens claiming to fill (occupy) the positions specified in clause 2 of this provision, when submitting information in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, property and liabilities of a property nature, in addition to the information provided for in clause 4, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, and also information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses and minor children.
A citizen, his spouse (spouse) and minor children are obliged, within three months from the date of replacement (occupation) by a citizen of the position specified in paragraph 2 of this regulation, to close accounts (deposits), to stop storing cash and valuables in foreign banks located behind outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
5. The basis for making a decision to verify compliance by a person who, in accordance with this regulation, is prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter - verification) is sufficient information that the specified person does not comply with this prohibition.
The information specified in clause 1 may be submitted in writing in accordance with the established procedure:
1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local self-government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local self-government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations that are not political parties registered in accordance with the law;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
5) Information of an anonymous nature cannot serve as a basis for making a decision to carry out an inspection.
6. The decision to carry out an inspection is made by an official authorized to make a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The decision to carry out an inspection is made in the manner prescribed for making a decision on the implementation of an inspection of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The inspection is carried out in the manner and terms that are provided for the verification of the person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
7. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
When carrying out an inspection, the bodies, divisions and officials specified in paragraph 1 are entitled to:
1) conduct, on his own initiative, a conversation with the person specified in paragraph 2 of this provision;
2) study additional materials received from the person specified in paragraph 2 of this provision, or from other persons;
3) receive from the person specified in clause 2 of this provision, explanations on the information and materials provided by him;
4) send, in accordance with the established procedure, requests to the prosecutor's office of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local self-government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states on information available to them about the availability of persons who, in accordance with this regulation, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments , accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. Powers of bodies, divisions and officials specified in paragraph 1
5) make inquiries from individuals and receive from them, with their consent, information on verification issues.
3. The heads of organizations located on the territory of the Blagoveshchenskoye rural area, who received the request provided for in paragraph 4, are obliged to organize its implementation in accordance with federal laws and other regulatory legal acts of the Russian Federation and submit the requested information in the prescribed manner.
8. The person specified in paragraph 2 of this provision, in connection with the verification of compliance by him, his wife (spouse) and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments is entitled to:
1) give explanations, including in writing, on issues related to the implementation of the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to the body, division or to the official specified in part 1 of clause 7 of this regulation to hold a conversation with him on issues related to the implementation of the audit. The petition is subject to mandatory satisfaction.
9. The person specified in clause 2 of this provision, for the period of verification of compliance by him, his spouse and (or) minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located behind outside the territory of the Russian Federation, possession and (or) use of foreign financial instruments may, in the prescribed manner, be removed from the replaced (occupied) position for a period not exceeding sixty days from the date of the decision to carry out an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of suspension from the replaced (occupied) position, the salary for the replaced (occupied) position is retained.
10 Failure by the person specified in paragraph 2 of this provision, his spouse and (or) minor children to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) using foreign financial instruments entails early termination of powers, dismissal from the position being replaced (occupied) or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.
Currency values- these are some foreign exchange assets, which include:
securities denominated in foreign currency. These are stocks, bonds, letters of credit, checks, bills of exchange, and others. debentures that are denominated in foreign currency;
foreign currency; in Russia, for example, dollar, euro.
gems raw and processed (emeralds, diamonds, alexandrites, rubies, pearls, sapphires);
precious metals (gold, silver, platinum);
metals of the platinum group (palladium, iridium, ruthenium, rhodium, osmium), except for jewelry and household items made of the listed metals, their scrap, stones.
With regard to currency values, the state usually establishes a limited circulation regime.
Currency values and accounting and
For income tax and for accounting the term "currency values" is important in that they provide for a recalculation of value in connection with a change in the exchange rate of a foreign currency, as a result of which positive or negative exchange rate differences are formed.
In accounting, positive exchange rate differences are recorded on account 91 "Other income and expenses", subaccount "Other income", negative exchange rate differences are reflected on account 91 "Other income and expenses", subaccount "Other expenses".
In tax accounting, positive exchange rate differences are accounted for as part of non-operating income, and negative exchange rate differences are reflected in non-operating expenses.
Applicable legislation and currency values
In the Russian Federation, the concept of currency values is a norm that appears in several regulatory legal acts.
The main of these acts are as follows:
Civil Code of the Russian Federation. Art. 141 of the Civil Code of the Russian Federation generally establishes such a concept of currency values - this is a kind of property. And to clarify what needs to be understood by this type of property, the Civil Code refers to the normative legal acts on state regulation of transactions with currency.
What is included in the concept of "currency values" is formulated in the Law of 10.12.2003 No. 173-FZ "On currency regulation and currency control". Sub-clause 5 of clause 1 of Article 1 defines the categories of currency values in this way - these are foreign currency and securities of external (not Russian) issuers.
Thus, according to the current law on currency regulation and control of December 10, 2013 No. 173-FZ, currency values include 2 types of values: foreign securities and foreign currency.
At the same time, we note that the entire paragraph 1 of Article 1 of Law No. 173-FZ is a list of objects accepted as international means of payment, transactions with which are regulated in the Russian Federation at the state level.
Thus, we can say that the concept of currency values is a broader category than only foreign currency and securities.
Currency values: concept and composition
The first article of the law on foreign exchange regulation and control provides the conceptual apparatus that is used in the law.
According to these provisions, the Russian "currency" consists of:
cash banknotes (coins, banknotes) of the Bank of Russia;
non-cash funds in bank accounts and deposits.
Foreign "currency" includes:
cash banknotes (coins, treasury notes, bank notes) of foreign countries;
non-cash funds in bank accounts and deposits, expressed in monetary units foreign countries, as well as international units of account or monetary units.
Note that earlier, currency values included not only securities and currencies, but also precious metals and stones.
However, at present, according to the Law on Currency Regulation and Control, currency values do not include, for example, gold, diamonds, silver, etc.
Accordingly, they are removed from the sphere of currency regulation.
At the same time, their circulation is regulated by special legislation. The main thing for them is the law on precious metals and stones from 26.03.98 № 41-FZ.
By the current legislation, only foreign currency and foreign securities are classified as currency values.
What values are regulated by the law on foreign exchange regulation and control
According to paragraph 1 of Art. 1 of Law No. 173-FZ, the objects, operations with which are subject to state regulation in foreign trade relations, are:
Money in the form of banknotes, treasury bills and coins. Moreover, issued by both other states and the Russian Federation.
Note that if banknotes are outdated or damaged, but can be exchanged for those in circulation, it should be considered that such banknotes that are not suitable for direct payments are also currency values.
Non-cash funds. Moreover, both in foreign currency and in Russian rubles.
Securities in documentary and non-documentary form, the face value of which is denominated both in foreign currency and in Russian rubles.
Thus, if we apply in practice the laws of the Russian Federation governing the circulation of currency objects, then it is necessary to take into account all those presented in Art. 1 of Law No. 173-FZ and the above categories. That is, all these are currency values.
Material currency values
In order to regulate the circulation of currency objects, some of them are additionally classified and allocated into an independent group - these are currency values that have a material form.
These are banknotes and documentary securities. Such objects are called tangible currency values.
Securities and currency values
Note that the concept of securities is defined in Article 142 of the Civil Code of the Russian Federation.
According to its provisions, these include bonds, promissory notes, shares, investment shares, mortgages, bills of lading, checks, and other securities.
For the purposes of foreign exchange regulation, securities are divided into domestic securities and external securities.
The law defines the concept of external securities as securities that are not related to internal securities.
At the same time, a special emphasis is placed on the fact that this also includes the so-called uncertified securities (the so-called securities in the form of an entry on the account, which do not have a classical paper form).
Domestic securities in accordance with the provisions of the law on foreign exchange regulation and control include:
equity securities placed in Russian currency, the issue of which is registered in Russia;
other securities placed in Russia and granting the right to receive Russian currency.
Foreign exchange transactions with domestic securities fall under the scope of the Law on Foreign Exchange Regulation and Control when a non-resident participates in their performance.
And such transactions between residents are not subject to the rules of currency regulation.
As for currency values, the law establishes the rules:
import of currency values into the territory of the Russian Federation and export of currency values from the territory of the Russian Federation;
transfer from account to account, as well as without opening accounts;
purchase and sale of foreign currency and checks in foreign currency.
At the same time, some operations may be limited or prohibited altogether.
So, today there are limited amounts of transfers in foreign currency between individuals who are residents to accounts in foreign banks; transactions with foreign exchange values between residents are prohibited, with some exceptions.
Outcomes
The Russian normative legal acts formulate such a definition of currency values as foreign currency and securities.
At the same time, taking into account the provisions of the Civil Code of the Russian Federation and the practical application of the norms of state regulation of currency transactions in the Russian Federation, all that is listed in paragraph 1 of Art. 1 FZ No. 173-FZ.
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