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RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE BAN
STORE CASH AND VALUABLES IN FOREIGN
BANKS LOCATED OUTSIDE THE RUSSIAN TERRITORY
FEDERATION, OWN AND (OR) USE FOREIGN
FINANCIAL INSTRUMENTS
State Duma
Federation Council
Article 1
(as amended by Federal Law dated December 28, 2016 N 505-FZ)
1. This Federal Law, in order to ensure national security Russian Federation, streamlining lobbying activities, expanding investment of funds in the national economy and increasing the effectiveness of anti-corruption, a ban is established on persons making official decisions affecting issues of sovereignty and national security of the Russian Federation, and (or) participating in the preparation of such decisions, from opening and having accounts ( deposits), store cash cash and assets 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 the penalties for its violation are determined.
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 Identification of Securities (International Securities Identification Codes (ISIN)", approved by the international organization for standardization, has 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 by paragraph 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) participation shares, shares in the authorized (share) capitals of organizations whose place of registration or location is a foreign state, as well as in the property of foreign structures without forming a legal entity, not defined in accordance with paragraph 1 of this part as securities and classified financial instruments to them;
3) contracts that are derivative financial instruments and defined by 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 a contract is a non-resident and (or) a foreign structure without formation of a legal entity;
4) 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 located outside the territory of the Russian Federation or other foreign credit organizations.
3. In this Federal Law, the prohibition of owning and using foreign financial instruments means the prohibition of direct and indirect (through third parties) ownership and (or) use of such financial instruments.
Article 2
1. It is prohibited 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:
1) persons replacing (occupying):
a) government positions of the Russian Federation;
b) 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) government positions in the constituent entities of the Russian Federation;
e) positions of the federal public service, appointment to and dismissal 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), funds and other organizations created by the Russian Federation on the basis of federal laws, appointment to and dismissal 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 heads of local administrations, heads of local administrations;
i) positions in the federal public service, positions in 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 employment contract in organizations created to carry out tasks assigned to federal government bodies, the exercise of powers for which involves participation in the preparation of decisions affecting issues of sovereignty and national security of the Russian Federation, and which are included in the lists established accordingly by regulatory legal acts of federal government 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;
(clause “and” introduced by Federal Law dated December 22, 2014 N 431-FZ)
1.1) deputies of representative bodies of municipal districts and city districts, exercising their powers on a permanent basis, deputies holding positions in representative bodies of municipal districts and city districts;
(clause 1.1 introduced by Federal Law dated November 3, 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 dated December 22, 2014 N 431-FZ, dated November 3, 2015 N 303-FZ)
3) other persons in cases provided for federal laws.
2. Federal laws specified in paragraph 3 of part 1 of this article may provide for periods during which accounts (deposits) must be closed, storage of cash and valuables in foreign banks located outside the territory of the Russian Federation must be stopped, and (or ) the alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting relevant checks, 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 paragraph 1 of part 1 of this article, holding (holding) government positions in the Russian Federation, federal government positions services in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive authorities, positions in representative offices of state corporations (companies) and organizations created to support the activities of federal government bodies, as well as for spouses and minor children of these persons
(Part 3 as amended by Federal Law dated December 22, 2014 N 431-FZ)
Article 3
1. The persons specified in paragraphs 1 and 2 of part 1 of Article 2 of this Federal Law are obliged, within three months from the date of entry into force of this Federal Law, to close accounts (deposits) and stop storing cash and valuables in foreign banks located abroad. 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 paragraph 1 of part 1 of Article 2 of this Federal Law are obliged to terminate their powers early, vacate the position they are replacing (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 in Part 1 of this Article and Part 3 of Article 4 of this Federal Law, in connection with the arrest, prohibition order imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state in whose territory 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 not dependent on the will of the persons indicated in Part 1 of Article 2 of this Federal Law, such requirements must be fulfilled within three months from the date of termination of the arrest, prohibition order or termination of other circumstances specified in this part.
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 is subject to consideration in the prescribed manner at a meeting of the relevant commission for compliance with requirements for official conduct and resolution of conflicts of interest (commission for monitoring the reliability of income information , on property and property-related obligations).
(Part 2.1 introduced by Federal Law dated November 28, 2015 N 354-FZ)
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of the management in which is a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside territory of the Russian Federation, to own and (or) use foreign financial instruments is subject to termination within three months from the date of entry into force of this Federal Law.
4. In the event that, as a result of accepting an inheritance in accordance with the legislation of the Russian Federation or the legislation of a foreign state, the persons specified in Part 1 of Article 2 of this Federal Law receive accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, in direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as acquisition of the status of founder and (or) beneficiary of the trust management of inherited property (hereditary fund, trust) established in accordance with the legislation of a foreign state. are obliged, within six months from the date of acceptance of the inheritance or transfer of foreign financial instruments to the founder and (or) beneficiary of the trust management of the inherited property (hereditary fund, trust), to close accounts (deposits), stop storing cash and valuables in foreign banks located outside territory of the Russian Federation, and (or) alienate the received foreign financial instruments, terminate the ownership and (or) use of foreign financial instruments in another way.
(Part 4 introduced by Federal Law dated 01.05.2019 N 73-FZ)
Article 4
1. The persons specified in paragraphs 1, 1.1 of part 1 of Article 2 of this Federal Law, when presented in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” (hereinafter referred to as 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 on real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation , about the sources 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 and minor children.
(as amended by Federal Law dated November 3, 2015 N 303-FZ)
2. Citizens applying for filling (occupying) positions specified in paragraph 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 the citizen fills (occupies) the position specified in paragraph 1 of Part 1 of Article 2 of this Federal Law, to close accounts (deposits) and 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 trust management of property, which involves investing in foreign financial instruments and the founders of the management of which are these persons.
(as amended by Federal Laws dated December 22, 2014 N 431-FZ, dated November 28, 2015 N 354-FZ)
Article 5
1. The basis for making a decision to carry out a compliance check by a person who, in accordance with this Federal Law, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) use foreign financial instruments, this prohibition (hereinafter referred to as 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 presented in writing according to established order:
1) law enforcement and other government bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) Public Chamber of the Russian Federation;
4) all-Russian means mass media.
3. Anonymous information 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 to carry out 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 is made in the manner prescribed for making a decision to carry out 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.
3. The inspection is carried out in the manner and within the time limits that are provided for verifying a person’s compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law “On Combating Corruption”, and other federal laws.
Article 7
1. The inspection is carried out by bodies, divisions and officials authorized to verify 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. When carrying out an inspection, the bodies, divisions and officials specified in part 1 of this article have the right to:
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 dated November 3, 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 dated November 3, 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 dated November 3, 2015 N 303-FZ)
4) send requests in the prescribed manner to the prosecutorial authorities of the Russian Federation, other federal government bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive authorities, local government bodies, public associations and others Russian organizations, to banks and other organizations foreign countries about the information they have about the presence of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), storing 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, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in 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 inspection issues.
3. 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 provide the requested information in the prescribed manner.
Article 8
The person specified in paragraphs 1, 1.1 of part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his wife (husband) and (or) minor children with the ban on opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, the following have the right to own and (or) use foreign financial instruments:
(as amended by Federal Law dated November 3, 2015 N 303-FZ)
1) provide explanations, including in writing, on issues related to the inspection;
2) provide additional materials and give explanations on them in writing;
3) apply to the body, division or official specified in Part 1 of Article 7 of this Federal Law to conduct a conversation with him on issues related to the inspection. The request must be granted.
Article 9
The person specified in paragraph 1 of part 1 of article 2 of this Federal Law, for the period of verification of compliance by him, his wife (husband) and (or) minor children with the prohibition 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 may, in accordance with the established procedure, be removed from the position being replaced (occupied) for a period not exceeding sixty days from the date of the decision to carry out an inspection. This period may be extended to ninety days by the person who made the decision to carry out the inspection. During the period of removal from the position being replaced (occupied), the salary for the position being replaced (occupied) is retained.
Article 10
Failure of the person specified in clause 1 of part 1 of article 2 of this Federal Law, his spouse and (or) minor children to comply with the prohibition to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, owning 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 defining legal status the relevant person.
The president
Russian Federation
Moscow Kremlin
COUNCIL OF DEPUTIES
SETTLEMENTS ROGOWSKOE IN MOSCOW
SOLUTION No. 29/2
On approval of the provision “On the prohibition of certain
store cash and valuables
in foreign banks located outside
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 of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments”,
The Council of Deputies of the Rogovskoye settlement decided:
- Approve the regulation “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments” (Appendix).
- Publish this decision in the Moscow Municipal Bulletin bulletin and post it on the website of the administration of the Rogovskoye settlement on the Internet information and telecommunications network.
- This decision comes into force from the date of publication.
- Control over the implementation of this decision is 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
settlements of Rogovskoye
Regulations “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments”
Article 1
This Regulation “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments” (hereinafter referred to as the Regulations) for the purposes of to increase the effectiveness of anti-corruption, a ban is established for persons who, on duty, make decisions affecting issues of sovereignty and national security of the Russian Federation, and (or) participating in the preparation of such decisions, open and have accounts (deposits), store 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 the penalties for its violation are determined.
Article 2
1. It is prohibited 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:
1) persons replacing (occupying):
a) positions of acting heads of local administrations, heads of local administrations;
2) spouses and minor children of the 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 holding (holding) government positions of the Russian Federation, positions of the federal civil service in official positions located outside the territory of the Russian Federation representative offices of the Russian Federation, official representative offices of federal executive authorities, positions in representative offices of state corporations (companies) and organizations created to support the activities of federal government bodies, as well as for spouses and minor children of these persons.
Article 3
1. The persons specified in paragraphs 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 05/07/2013. No. 79 “On the prohibition for 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” close accounts (deposits), stop storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in paragraph 1 of part 1 of Article 2 of these Regulations are obliged to terminate their powers early, 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 order imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state in whose territory 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 not dependent on the will of the persons specified in part 1 of Article 2 of these Regulations, such requirements must be fulfilled within three months from the date of termination of the arrest, prohibition of order or termination of other circumstances specified in this part.
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 these Regulations is subject to consideration in the prescribed manner at a meeting of the relevant commission for compliance with requirements for official conduct and resolution of conflicts of interest (commission for monitoring the reliability of income information, on property and property-related obligations).
3. Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with these Regulations, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory Russian Federation, owning and (or) using foreign financial instruments is subject to termination within three months from the date of entry into force of the Federal Law of 05/07/2013. No. 79 “On the prohibition for 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.”
Article 4
1. Persons specified in paragraphs 1 of part 1 of Article 2 of these Regulations, when presented in accordance with federal constitutional laws, Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” (hereinafter referred to as 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 obligations of a property nature indicate information about real estate belonging to them, their spouses and minor children located outside the territory of the Russian Federation, about 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 and minor children.
2. Citizens applying for filling (occupying) positions specified in paragraph 1 of part 1 of Article 2 of these Regulations, when presented in accordance with federal constitutional laws, the Federal Law “On Combating Corruption”, other federal laws, decrees of the President of the Russian Federation and others 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 these Regulations are obliged, within three months from the day the citizen fills (occupies) the position specified in paragraph 1 of Part 1 of Article 2 of these Regulations, 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 involves investing in foreign financial instruments and the founders of the management of which are these persons.
Article 5
1. The basis for making a decision to carry out a compliance check by a person who, in accordance with these Regulations, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter referred to as 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 the prescribed manner:
1) law enforcement and other government bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) Public Chamber of the Russian Federation;
4) all-Russian media.
3. Anonymous information 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 to carry out 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 is made in the manner prescribed for making a decision to carry out 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.
3. The inspection is carried out in the manner and within the time limits that are provided for verifying a person’s compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law “On Combating Corruption”, and other federal laws.
Article 7
1. The inspection is carried out by bodies, divisions and officials authorized to verify 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. When carrying out an inspection, the bodies, divisions and officials specified in part 1 of this article have the right to:
1) conduct, on his own initiative, a conversation with the person specified in paragraphs 1 of part 1 of article 2 of this Federal Law;
2) study additional materials received from the person specified in paragraphs 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, explanations on the information and materials provided by him;
4) send, in the prescribed manner, requests to the prosecutor's office of the Russian Federation, other federal state bodies, state bodies of constituent entities of the Russian Federation, territorial bodies of federal executive authorities, local government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states about information available to them about the presence of persons who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), storing 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, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in 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 inspection issues.
3. 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 provide the requested information in the prescribed manner.
Article 8
The person specified in paragraphs 1 of part 1 of Article 2 of this Regulation, in connection with the verification of compliance by him, his wife (husband) and (or) minor children with the ban on opening and having accounts (deposits), storing 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) provide explanations, including in writing, on issues related to the inspection;
2) provide additional materials and give explanations on them in writing;
3) apply to the body, division or official specified in Part 1 of Article 7 of this Federal Law to conduct a conversation with him on issues related to the inspection. The request must be granted.
Article 9
The person specified in paragraph 1 of part 1 of Article 2 of this Regulation, for the period of verification of compliance by him, his wife (husband) and (or) minor children with the prohibition 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 may, in accordance with the established procedure, be removed from the position being replaced (occupied) for a period not exceeding sixty days from the date of the decision to carry out the inspection. This period may be extended to ninety days by the person who made the decision to carry out the inspection. During the period of removal from the position being replaced (occupied), the salary for the position being replaced (occupied) is retained.
Article 10
Failure of 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), store cash and valuables in foreign banks located outside the territory of the Russian Federation , owning 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 defining the legal status of the relevant person
Federal Law of 05/07/2013 N 79-FZ (as amended on 05/01/2019) "On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) use foreign financial instruments" (as amended and additionally, entered into force on 08/06/2019)
State Duma
Federation Council
Judicial practice and legislation - 79-FZ On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments
Statement by a civil servant about the impossibility of fulfilling the requirements of Federal Law No. 79-FZ of May 7, 2013 “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"<4>(hereinafter referred to as the Federal Law “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using 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 that foreign state, on the territory of which 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 not dependent on his will or the will of his spouse and minor children;
ADMINISTRATION OF BLAGOVESCHENSKY RURAL SETTLEMENT
BOLSHESELSKY MR YAROSLAV REGION
RESOLUTION
dated January 20, 2015 No. 4
Borisovskoe village
“On the prohibition for certain categories of persons to open
and have accounts (deposits), keep cash
funds and valuables in foreign banks,
located outside the territory
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 of certain categories of persons from opening or having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments."
I DECIDE:
. 1. Approve the Regulation “On the prohibition of certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments” (Appendix).
2. The resolution should be posted on the website of the Blagoveshchensk Rural Settlement Administration.
3. The resolution comes into force from the moment it is signed.
Head of Administration
Blagoveshchensk rural settlement A.V. Berezin
Application
to the Administration resolution
Blagoveshchenskoe rural settlement
No. 4 dated January 20, 2015
Regulations prohibiting certain categories of persons from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments
1. In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand the investment of funds in the national economy and increase the effectiveness of anti-corruption, this regulation prohibits persons making decisions on duty affecting issues of sovereignty and national security of the Russian Federation from opening and having accounts (deposits), store 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 ban is established, the procedure for verifying compliance by these persons with this ban are determined and penalties for its violation.
2. It is prohibited 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:
persons replacing (occupying):
positions of the head of the Blagoveshchensk rural settlement;
spouses and minor children, persons holding the municipal position of administration of the Blagoveshchensk rural settlement.
3. The persons specified in paragraph 2 of this regulation are obliged, within three months from the date of entry into force 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 ) carry out the alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in paragraph 2 of this regulation are obliged to terminate their powers early, vacate the position they are replacing (occupied), or resign.
If the persons specified 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 that foreign state, on the territory of which 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 order specified in this part.
Trust management of property, which provides for investment in foreign financial instruments and the founder of the management in which is a person who, in accordance with this provision, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation , own and (or) use foreign financial instruments is subject to termination within three months from the date of entry into force of this provision.
4. The persons specified in Article 2 of this provision, when presented in accordance with federal constitutional laws, Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption” (hereinafter referred to as 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 obligations of a property nature indicate information about real estate belonging to them, their spouses and minor children located outside the territory of the Russian Federation, about sources of receipt of funds, for on whose account 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 applying to fill (occupy) positions specified in paragraph 2 of this regulation, 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 paragraph 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 wife (husband) and minor children are obliged, within three months from the date the citizen fills (occupies) the position specified in paragraph 2 of this regulation, to close accounts (deposits), stop storing cash and valuables in foreign banks located abroad outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
5. The basis for making a decision to carry out a compliance check by a person who, in accordance with this provision, is prohibited from opening and having accounts (deposits), storing cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
The information specified in paragraph 1 may be provided in writing in the prescribed manner:
1) law enforcement and other government bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local government bodies, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local government bodies, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;
2) permanently operating governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) Public Chamber of the Russian Federation;
4) all-Russian 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 to carry out 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 to carry out 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 within the time frames that are provided for verifying a person’s compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law “On Combating Corruption”, and other federal laws.
7. The inspection is carried out by bodies, divisions and officials authorized to verify a person’s compliance with the 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 have the right to:
1) conduct, on his own initiative, a conversation with the person specified in paragraph 2 of these regulations;
2) study additional materials received from the person specified in paragraph 2 of these regulations, or from other persons;
3) receive from the person specified in paragraph 2 of this regulation explanations on the information and materials provided by him;
4) send, in the prescribed manner, requests to the prosecutor's office of the Russian Federation, other federal state bodies, state bodies of constituent entities of the Russian Federation, territorial bodies of federal executive authorities, local government bodies, public associations and other Russian organizations, to banks and other organizations of foreign states about information available to them about the presence of persons who, in accordance with this provision, are prohibited from opening and holding accounts (deposits), storing 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 inspection issues.
3. Heads of organizations located on the territory of Blagoveshchensk Rural, who have received the request provided for in paragraph 4, are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.
8. The person specified in paragraph 2 of this regulation, in connection with the verification of compliance by him, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, the following have the right to own and (or) use foreign financial instruments:
1) provide explanations, including in writing, on issues related to the inspection;
2) provide additional materials and give explanations on them in writing;
3) apply to the body, division or official specified in part 1, paragraph 7 of these regulations to conduct a conversation with him on issues related to the inspection. The request must be granted.
9. The person specified in paragraph 2 of this regulation, for the period of verification of compliance by him, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), store cash and valuables in foreign banks located abroad outside the territory of the Russian Federation, owning and (or) using foreign financial instruments may, in accordance with the established procedure, be removed from the position being replaced (occupied) for a period not exceeding sixty days from the date of the decision to carry out an inspection. This period may be extended to ninety days by the person who made the decision to carry out the inspection. During the period of removal from the position being replaced (occupied), the salary for the position being replaced (occupied) is retained.
10 Failure of the person specified in paragraph 2 of this provision, his spouse and (or) minor children to comply with the prohibition 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 of 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 defining the legal status of the relevant person.
Currency values– these are some foreign exchange assets, which include:
securities that are denominated in foreign currencies. These are stocks, bonds, letters of credit, checks, bills, and others debentures, which are denominated in foreign currency;
foreign currency; in Russia, for example, dollar, euro.
gems in raw and processed form (emeralds, diamonds, alexandrites, rubies, pearls, sapphires);
precious metals (gold, silver, platinum);
platinum group metals (palladium, iridium, ruthenium, rhodium, osmium), except for jewelry and household products made from the listed metals, their scrap, and 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 because they provide for a recalculation of value in connection with changes in the exchange rate of foreign currency, resulting in the formation of positive or negative exchange rate differences.
In accounting, positive exchange rate differences are reflected in account 91 “Other income and expenses”, subaccount “Other income”, negative exchange rate differences are reflected in account 91 “Other income and expenses”, subaccount “Other expenses”.
In tax accounting, positive exchange rate differences are taken into account as non-operating income, and negative exchange rate differences are reflected as part of non-operating expenses.
Current legislation and currency values
In the Russian Federation, the concept of currency values is a norm that appears in several legal acts.
The main ones of these acts are the following:
Civil Code of the Russian Federation. Art. 141 of the Civil Code of the Russian Federation generally establishes the concept of currency values - this is a type of property. And to clarify what needs to be understood by this type of property, the Civil Code refers to the regulations on state regulation of transactions with currency.
What is included in the concept of “currency values” is formulated in the Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control”. Subparagraph 5 of paragraph 1 of Article 1 defines the categories of currency values - these are foreign currency and securities of external (non-Russian) issuers.
Thus, according to the current law on currency regulation and control dated December 10, 2013 No. 173-FZ, currency assets include 2 types of assets: external 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 just foreign currency and securities.
Currency values: concept and composition
The first article of the law on currency regulation and control provides the conceptual apparatus that is used in the law.
According to these provisions, 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 settlement or monetary units.
Note that previously, currency values included not only securities and currency, 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 scope of currency regulation.
However, their circulation is regulated by special legislation. The main one for them is the law on precious metals and stones dated March 26, 1998 No. 41-FZ.
The current legislation classifies only foreign currency and foreign securities 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 notes and coins. Moreover, issued both by other states and the Russian Federation.
Let us note that if banknotes are outdated or damaged, but can be exchanged for those in circulation, it should be assumed that such banknotes, which 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 nominal value of which is expressed both in foreign currency and in Russian rubles.
Thus, if you apply in practice the laws of the Russian Federation regulating the circulation of currency objects, then you need to take into account everything 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 separated into an independent group - these are currency values that have a material form.
These are banknotes and certified 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, bills, shares, investment shares, mortgages, bills of lading, checks, and other securities.
For the purposes of currency regulation, securities are divided into domestic securities and external securities.
The concept of external securities is defined by law as securities that are not classified as internal securities.
At the same time, special emphasis is placed on the fact that this also includes the so-called book-entry securities (this is the name given to securities in the form of an account entry that do not have a classic paper form).
Domestic securities under the provisions of the Foreign Exchange Regulation and Control Law include:
issue-grade securities placed in Russian currency, the issue of which is registered in Russia;
other securities placed in Russia and providing the right to receive Russian currency.
Foreign exchange transactions with domestic securities fall under the scope of regulation of the Foreign Exchange Regulation and Control Law when they involve a non-resident.
But such transactions carried out 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.
However, some operations may be limited or prohibited altogether.
Thus, today the amounts of transfers in foreign currency between individuals who are residents, to accounts in foreign banks; Transactions with foreign currency values between residents are prohibited, with some exceptions.
Results
Russian regulations 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 foreign exchange transactions in the Russian Federation, everything that is listed in paragraph 1 of Art. 1 Federal Law No. 173-FZ.
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