A topical question for many now is: how to transfer your money abroad? For example, to the countries of the EU, USA or Canada, etc. What problems can arise in this case and what are the alternative options?
It is clear that it is risky to carry large amounts of cash across the border, and problems with legalization later on the spot can also arise.
On the other hand, with non-cash transfers abroad and currency control in Russia, everything is also not so easy, but nevertheless ...
Let's say the account is foreign bank you have already discovered (which in itself is not so easy).
Further, let me remind you that the main problem for Russians at present is the fact that in order to send funds in foreign currency to their own foreign currency account in a foreign bank, in accordance with Article 24 of the Federal Law “On currency regulation and currency control”, they are obliged notify tax authorities on opening accounts outside of Russia.
After that the translation Money from your account in Russian bank you can do it only by submitting to the bank the same notification with a tax visa about taking it into account (accounting).
Also, our state has recently taken care of us again, having decided that the Russians should report to the tax authorities on the movement of funds on their foreign accounts, annually providing certified (including notarized) certificates from foreign banks. Regardless of the time and financial costs such a report will cost each Russian owner of a foreign account.
However, there is a way out and quite simple 🙂.
Federal Law "On currency regulation and currency control" dated December 10, 2003 N 173-FZ restrictions on currency bank transfers between the accounts of spouses and close relatives have been lifted.
The amount of transfers is not limited, but for their implementation it is necessary to provide documents confirming kinship (for example, a copy of a marriage certificate or birth certificate).
Article 9. Currency transactions between residents
1. Currency transactions between residents are prohibited, except for:
…
17) transfers by individuals - residents of foreign currency from their accounts opened with authorized banks, in favor of other individuals— residents who are their spouses or close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren), full and half-blooded (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to accounts of the indicated persons, opened in authorized banks or in banks located outside the territory Russian Federation;
(Clause 17 was introduced by Federal Law No. 127-FZ of July 5, 2007, as amended federal law dated 02.07.2013 N 155-FZ)
via www.consultant.ru/popular/currency/47_2.html
The Bank of Russia has determined the list of required documents: in addition to a passport, a client may need a marriage certificate, a birth or adoption certificate, a certificate of name change and paternity, etc.
Some banks in such cases may ask additionally (on their own initiative for insurance), in addition to other documents, to provide, for example, a document of donation, loan, etc., which must be signed by the sender and recipient of funds.
The husband opened an account in a Spanish bank. I called my wife, dictated the details. The wife went to the bank with a marriage certificate and transferred 200 thousand dollars from her foreign currency account to her husband's account in Spain.
The son opened a bank account in the United States. Emailed the details to my mom. Mom went to the bank with currency and a birth certificate, put the currency into her account and transferred the money to her son's account in the United States.
Don't you think that some hemorrhoids are missing in these chains?! That's right, the wife and mother did not go to the tax office - they are not required to do this by law. Further, I think, the course of thoughts and actions is clear to you.
Every month the popularity of foreign currency in Russia is only increasing. And this is not at all surprising, as practice over the past 25 years shows, people who kept their savings in dollars have never failed.
True, there have been rumors lately that the circulation of the dollar in Russia may be banned. However, no serious legislative initiatives have been observed so far. In addition, Russian President Vladimir Putin recently stated that there are no plans to tighten currency regulation:
The liberal course is, of course, good. But do not forget that the official monetary unit in Russia is still the ruble. Therefore, there are some restrictions for transactions with dollars and euros.
This article will consider the main provisions of the legislation in the field of currency control, the rules for making payments between residents and non-residents, as well as the mechanism for making payments currency transfers.
The main regulatory legal act regulating foreign exchange transactions is Law of the Russian Federation No. 173-FZ of December 10, 2003 "On currency regulation and currency control". The bodies of currency regulation in the Russian Federation are the Bank of Russia and the Government of the Russian Federation. And the agents of currency control are banks, as well as professional market participants valuable papers.
Most citizens may get the impression that there are no foreign exchange controls at all in Russia. Indeed, the most popular currency transactions are buying and selling dollars and euros, as well as opening deposits in foreign currency. And it is precisely these operations that citizens of the Russian Federation are allowed to perform without restrictions (clause 3, article 9 of the Federal Law No. 173):
However, as soon as you want to make any non-cash transfers in foreign currency within the country or abroad, you will immediately encounter a lot of difficulties. You will be required to provide various supporting documents, complete payment order in English, besides, there are restrictions on the permitted amounts of transfers, and, in addition, the bank sets a rather serious commission for such operations.
The possibility of making currency transfers is affected by the residence of the participants in the transfers. About who to consider residents and non-residents, it is written in article 1 of federal law 173-FZ. In short, residents are citizens of the Russian Federation, or persons residing on the territory of the Russian Federation on the basis of a residence permit, as well as legal entities established in the Russian Federation, and, in fact, the Russian Federation itself with all its subjects and municipalities:
1 Currency transfers between residents are prohibited.
An exception is the transfer of currency to the accounts of spouses, close relatives (in a direct ascending or descending line: parents, children, grandchildren), siblings, adoptive parents and adopted children. Moreover, there are no restrictions on the amount of such a transfer both within Russia and abroad. You will only need to provide the bank with a document confirming the relationship.
Residents can also make some other currency transactions. True, they mainly concern a very limited circle of people, so we will not dwell on them in detail. For example, operations related to settlements in duty-free shops are allowed; operations involving settlements and currency transfers for the implementation of diplomatic activities; transactions for payment and / or reimbursement of expenses associated with business trips outside the territory, etc.). You can read about such exceptions in Article 9 of the Law of the Russian Federation No. 173-FZ "On currency regulation and currency control" dated December 10, 2003.
2 You can transfer currency to your bank accounts (opened both on the territory of the Russian Federation and abroad) without restrictions.
True, if you transfer money to your account abroad, you need to provide the bank with a notice to the tax office at the place of residence that you informed her that you have such a foreign account.
3 Currency transactions between residents and non-residents are carried out without restrictions:
True, you will need to provide the bank with supporting or substantiating documents for the ongoing currency transaction:
Such documents include invoices, for example, for training, various contracts, invoices (a document issued by the seller to the buyer and containing the main characteristics of the goods supplied, delivery conditions, etc.), as well as documents confirming the non-residence of the recipient of the transfer. Moreover, you will need to translate these foreign documents into Russian. In other words, you need to provide the bank with the reasons for your transfer.
And now let's dwell on the mechanism of currency transfers in detail.
Currency transfers, by analogy with the ruble interbank, can also be made both directly at a bank branch and using Internet banking.
True, the commission for such transfers is in any case much higher than with the ruble bank transfer. And this is not surprising. Any currency transfer (both within the country and abroad) is carried out using the swift system (swift) through correspondent banks (banks on whose correspondent accounts our credit organizations store their non-cash currency. For example, the correspondent bank Tinkoff Bank for dollars is JPMORGAN CHASE BANK, N.A. NEW YORK, NY US, while Sberbank uses the correspondent bank DEUTSHE BANK AG, Frankfurt AM MAIN for the euro).
S.W.I.F.T. (SWIFT) is international system, which provides the transfer of financial data for transfers. Each bank participating in the SWIFT system has its own unique SWIFT number, thanks to which information is exchanged. The SWIFT code can consist of letters or letters and numbers. For example, SWIFT "Alfa Bank" looks like this: ALFARUMM.
You can find out the bank's SWIFT code directly at the bank itself or on its website. And also the SWIFT code of the bank can be viewed at website of the Russian National SWIFT Association. The amounts of transfers that can be made using SWIFT are limited only by the legislation of each particular country. The application for translation must be completed in English. Here is how the form for currency transfer online "Alfa Bank" looks like:
The Internet banking interface is intuitive. In the field "payment purpose" there should be an entry that clearly reflects the essence of your operation, for example, "For hotel / hotel rental" - "For hotel accommodation"; “Gifting to a relative” - “Gift in favor of relative”; “Transfer of own funds” (transfer is carried out to your own account) - “Transfer of own funds”. The most popular grounds for transfers and their translation into English can be viewed directly in the Internet bank Alfa of Alfa Click Bank:
With currency transfers, you should be careful, it is important to clarify whether the commission of correspondent banks is included in the transfer fee indicated by the bank. You always need to choose a tariff: "All expenses at the expense of the sending client (OUR)". If you select the function "Commission at the expense of the beneficiary (BEN)" or "Expenses of the bank at the expense of the sender, expenses of other banks at the expense of the beneficiary (SHA)", then this means that correspondent banks will charge an additional commission for the transfer, and as a result, up to the recipient will receive a smaller amount than you sent.
Typically, the commission amount is calculated as a percentage of the transfer amount, indicating the minimum and maximum amounts.
Very handy plate with the size of the commission when sending swift transfers online, you can look at one of the forums on the banki.ru portal. It will be more expensive to make a currency transfer at a bank branch:
As can be seen from the table, for small transfers, it is most profitable to use Avangard Bank - a commission of 0.2%, minimum 15 EUR and maximum 150 EUR. But for currency transfers of large amounts, you need to use Rosbank (there the commission is 1.3%, but the upper limit is limited to 65 EUR).
It is Avangard Bank that is most often used to build currency ladders with Tinkoff Bank (which gives a 1% bonus when replenishing a deposit with an interbank transfer). .
If you need to send currency to a specific person on a regular basis, you can issue additional card to your currency debit card(for example, in " Tinkoff Bank” or “Alfa Bank”) and simply give it to the person to whom you will send money. In this case, there will be no commission.
True, the bank can simply block the card, citing "doubtful transactions" or set such limits on transfers and replenishment of the card (under the agreement, Tinkoff Bank can change the limits at its discretion at any time) that it will be inconvenient to use the card.
You can also send a currency transfer abroad using the system of international currency transfers (Western Union, MoneyGram, Contact). The main advantages of this method of sending money is that there is no need to open bank account, as well as the speed of translation.
True, the commission for such a service for far abroad countries will be higher (from 3%) than when transferring via SWIFT system. To neighboring countries, a currency transfer via Contact or Western Union will not be so expensive. Here, for example, are the tariffs of the Contact system:
As can be seen from the table, the transfer, for example, to Georgia of more than $2,000 will cost 0.5%.
The maximum transfer amount in accordance with Bank of Russia Ordinance No. 1412-U dated March 30, 2004 “On establishing the transfer amount by a resident individual from the Russian Federation without opening bank accounts” is $5,000 (or the equivalent in another currency) per day:
It is also worth noting that according to the Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”, the bank may refuse to carry out any operation for you, referring to the rules internal control(which they themselves develop), as well as the credit institution is obliged to require you to justify the origin of your funds. Details about new edition"anti-money laundering law" ( last changes entered into force not so long ago, 10/31/2015) read the article
A resident individual has the right to transfer the currency of the Russian Federation:
No restrictions (except for transfers to a non-resident);
from the Russian Federation in an amount not exceeding the equivalent of 5,000 US dollars, determined using the official exchange rates of foreign currencies against the ruble established by the Bank of Russia on the date of the instruction to the bank to make the said transfer. total amount transfers within one day should not exceed the specified amount.
Resident - only to an account in an authorized bank;
Non-resident - no restrictions.
From the Russian Federation - no restrictions.
A resident individual has the right to transfer foreign currency:
Within the Russian Federation
Residents and/or non-residents only in the order of giving currency values to a spouse and close relatives (at the same time, in without fail documents confirming that individuals are spouses or close relatives are submitted to the bank);
To your own account opened on the territory of the Russian Federation - without restrictions.
From the Russian Federation
In favor of a resident or non-resident (including to one’s own account, an account of another resident or non-resident opened with a bank outside the Russian Federation) for an amount not exceeding the equivalent of 5,000 US dollars, determined using the official exchange rates of foreign currencies against the ruble established by the Bank Russia on the date of the instruction to the bank to make the said transfer. The total amount of transfers within one day should not exceed the specified amount.
1. only to an account in an authorized bank;non-residents - no restrictions. from the Russian Federation - no restrictions.2. in the absence of a beneficiary's account opened with an authorized bank - only as a gift of currency values to a spouse and close relatives (at the same time, documents confirming that individuals are spouses or close relatives must be submitted to the bank);
The transfer of funds of an individual is carried out on the basis of an application in the established form.
Throughout almost the entire history of the Soviet Union, the state monopoly on foreign trade and foreign exchange operations reigned in the country. It was not until 1986 that the first timid attempts at liberalization were made in these areas, when enterprises that were subjects of foreign economic activity received the right to receive part of foreign exchange earnings from exports. Soviet citizens, however, did not receive any new opportunities in connection with these innovations. Resident citizens were still prohibited from purchasing and holding foreign currency in rubles, and there was no organized exchange of rubles for foreign currency. Exceptions to this rule applied to seconded employees of various missions abroad who receive foreign currency according to the norms established by the Ministry of Finance, and to persons receiving fees, pensions and transfers from abroad. All these citizens practically did not have the opportunity to have cash currency on hand (except for business travelers): it was credited to special nominal accounts in the only authorized bank in the country - the Bank for Foreign Trade of the USSR, and it was possible to withdraw from these accounts, with rare exceptions, not currency, but only checks of Vneshposyltorg of various modifications depending on the "status" of the foreign currency and its owner (checks were purchased in the network of so-called "currency shops" - "Birch", "Kashtan", etc.).
The beginning of a genuine liberalization of foreign trade and currency legislation served as Decree of the President of the RSFSR of November 15, 1991 N 213 "On the liberalization of foreign economic activity on the territory of the RSFSR", and then the Law of the Russian Federation of October 09, 1992 N 3615-1 "On currency regulation and currency control". For the first time, this Law formulated the fundamental principles and concepts related to its jurisdiction.
Almost a decade after the adoption of these acts, our country and its economy, including banking system, have undergone a lot Big changes which demanded further liberalization of currency legislation.
At present the main normative document currency legislation in the country is the Federal Law of December 10, 2003 N 173-FZ "On currency regulation and currency control" (hereinafter - the Law). Since its entry into force, this Law has undergone a number of changes and additions and has been significantly updated as amended on 26.07.2006.
Currency control in accordance with the Law, it is an integral part of the currency regulation system and represents control by the Bank of Russia over currency transactions credit organizations and currency exchanges, and for the currency transactions of other organizations - from federal bodies executive power and agents of currency control.
The Law refers to currency transactions all transactions with currency values both between residents and non-residents, and between residents, legal entities and individuals, import and export of currency values, their transfer, as well as other operations with them.
Let us consider those provisions of the legislation that relate to foreign exchange transactions of individuals - residents.
Article 14 of the Law establishes the rights and obligations of residents in the implementation of foreign exchange transactions. According to this article, residents, including individuals, have the right to open bank accounts in authorized banks without restrictions ( bank deposits) in foreign currency. There are no restrictions on currency transactions between residents, including individuals, and authorized banks related to the deposit of residents' funds to bank accounts (deposits) and the receipt of funds from these accounts.
Note. In 2007, amendments were made to Federal Law No. 173-FZ of December 10, 2003, in particular, allowing foreign currency transfers between spouses or close relatives.
Currency transactions between residents, including individuals, and non-residents are carried out without restrictions, with the exception of currency transactions for which these restrictions are established by the Law (restrictions that may be introduced in the country in order to prevent crises in the monetary and financial sphere).
Currency transactions between residents, including individuals, are prohibited. However, there are exceptions which are given in the Law. It should be said that the Instruction of the Bank of Russia dated June 15, 2004 N 117-I "On the procedure for residents and non-residents to submit documents and information to authorized banks when carrying out foreign exchange transactions, the procedure for accounting by authorized banks of foreign exchange transactions and issuing transaction passports" does not specifically regulate relations between individuals - residents and authorized banks in the field of operations with currency values, it only applies to legal entities and individuals - residents who are entrepreneurs without forming a legal entity. Thus, the Law remains the main legal act in the field of currency control, which regulates operations with currency values of resident individuals.
Below are the main types of operations with currency values of individuals - residents and the current restrictions of the currency legislation of the country.
The following are allowed types of transfers of individuals- residents in foreign currency in favor of residents:
- transfers from the Russian Federation in favor of other resident individuals to their accounts opened with banks located outside the territory of the Russian Federation, in amounts not exceeding within one business day through one authorized bank of an amount equal to the equivalent of 5,000 US dollars official exchange rate established by the Bank of Russia as of the date of debiting funds from the account of a resident individual;
- transfers of a resident individual to the Russian Federation from accounts opened with banks located outside the territory of the Russian Federation in favor of other resident individuals to their accounts in authorized banks;
- transfers of resident individuals from their accounts opened with authorized banks in favor of other resident individuals who are their spouses or close relatives (relatives in direct ascending and descending lines: parents and children, grandfathers, grandmothers and grandchildren, full and half-blooded (having a common father and mother) brothers and sisters, (adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or banks located outside the territory of the Russian Federation.
In the latter case, where the provisions of the Law do not contain any restrictions on the amount, in accordance with the Instruction of the Bank of Russia dated July 20, 2007 N 1868-U "On the submission by resident individuals to authorized banks of documents related to the conduct of certain currency transactions" to resident individuals it is necessary to provide authorized banks with documents (copies of documents) confirming that individuals are spouses or close relatives (in addition to a passport or an identity card, the list attached to this Instruction contains various kinds of certificates).
Settlements in the course of foreign exchange transactions are made by resident individuals through bank accounts in authorized banks. However, a number of exceptions are stipulated when transactions are allowed to be carried out directly with cash currency values, namely the following:
- transfer by a resident natural person of currency valuables as a gift to the state, a constituent entity of the Russian Federation and (or) a municipality;
- donation of currency values to a spouse and close relatives;
- bequest of currency values or their receipt by inheritance right;
- their acquisition and alienation by a resident individual for the purpose of collecting single banknotes and coins;
- transfer by an individual - resident from the Russian Federation and receipt in the Russian Federation by an individual - resident of the transfer without opening bank accounts;
- purchase from an authorized bank or sale authorized bank by an individual - a resident of foreign currency in cash, exchange, replacement of banknotes of a foreign state (group foreign countries), as well as acceptance of foreign currency in cash for collection in banks outside the territory of the Russian Federation;
- settlements of individuals - residents in foreign currency in duty-free shops, as well as in the sale of goods and the provision of services to individuals - residents along the route Vehicle for international transport;
- settlements carried out by resident individuals located outside the Russian Federation with transport companies under contracts for the carriage of passengers.
Resident individuals, when carrying out foreign exchange transactions, can make settlements through accounts opened in accordance with the Law in banks outside the territory of the Russian Federation, at the expense of funds credited to these accounts in accordance with the provisions of the Law (see below).
Without any restrictions, operations are carried out related to the sale and purchase by individuals of cash and non-cash foreign currency and checks (including traveller's checks), the nominal value of which is indicated in foreign currency, for the currency of the Russian Federation and foreign currency, as well as with the exchange, replacement of banknotes of one state (group of foreign states), acceptance for collection in banks outside the territory of the Russian Federation of cash foreign currency and checks (including traveller's checks), the nominal value of which is indicated in foreign currency, not for the purposes of carrying out business activities.
Article 12 of the Law refers to residents' accounts in banks located outside the territory of the Russian Federation, which they can open without any restrictions in banks in foreign countries that are members of the OECD or the Financial Action Task Force on Money Laundering (FATF).
Resident individuals are required to notify the tax authorities at the place of their registration of the opening (closing) of accounts (deposits) no later than one month from the date of conclusion (termination) of the agreement on opening an account (deposit) with a bank located outside the territory of the Russian Federation, in the form , approved by the tax authorities (this provision is valid for such accounts from 01.01.2007).
The form of notification about opening (closing), about changing the details of an account (deposit) in banks located outside the territory of the Russian Federation, and about the availability of accounts in banks outside the territory of the Russian Federation was approved by Order of the Federal Tax Service of Russia dated 10.08.2006 N SAE-3-09 / [email protected] Currently, some changes have been made to the existing forms, which will be put into effect before the end of this year.
Resident individuals have the right to transfer funds to their accounts (deposits) opened with banks outside the territory of the Russian Federation from their accounts (deposits) with authorized banks or from their accounts (deposits) opened with banks outside the territory of the Russian Federation. Transfers of funds by resident individuals to their accounts abroad from their accounts in authorized banks are carried out upon presentation to the authorized bank at the first transfer of a notification from the tax authority at the place of registration of the resident on opening an account (deposit) with a mark on the acceptance of the said notification, with the exception of operations required in accordance with the legislation of a foreign state and related to the conditions for opening these accounts (deposits). Resident individuals have the right to carry out currency transactions without restrictions that are not related to the transfer of property and the provision of services on the territory of the Russian Federation, using funds credited in accordance with the Law to accounts (deposits) opened with banks outside the territory of the Russian Federation.
It is important to note that resident individuals, unlike legal entities, are not required to submit to the tax authorities reports on the movement of funds on accounts (deposits) in banks outside the territory of the Russian Federation with supporting bank documents.
Resident individuals are required to submit to the tax authorities at the place of their registration only a report on the balances of funds on accounts (deposits) in banks outside the territory of the Russian Federation as of the beginning of each calendar year.
Paragraph 1 of Art. 15 of the Law reads: "and (or) the currency of the Russian Federation, as well as traveler's checks, external and (or) internal securities in documentary form carried out by residents and non-residents without restrictions subject to the requirements of the customs legislation of the Russian Federation.
In the case of a one-time import into the Russian Federation by a resident individual of cash foreign currency and (or) the currency of the Russian Federation, as well as traveler's checks, external and (or) internal securities in documentary form in an amount exceeding the equivalent of 10 thousand US dollars, imported cash foreign currency and (or) the currency of the Russian Federation, as well as other currency values listed above, are subject to declaration to the customs authority by submitting a written customs declaration for the entire amount of imported foreign currency and (or) the specified currency values in documentary form.
Resident individuals have the right to export from the Russian Federation foreign currency, the currency of the Russian Federation, traveler's checks, external and (or) internal securities in documentary form, previously imported or transferred to the Russian Federation, subject to the requirements of the customs legislation of the Russian Federation within the limits, specified in the customs declaration or other document confirming their import or transfer to the Russian Federation.
Resident individuals have the right to simultaneously export from the Russian Federation cash foreign currency and (or) the currency of the Russian Federation in an amount equal to the equivalent of 10 thousand US dollars or not exceeding this amount. At the same time, it is not required to submit to the customs authority documents confirming that the exported cash foreign currency and (or) the currency of the Russian Federation was previously imported or transferred to the Russian Federation. In the event of a one-time export from the Russian Federation by a resident individual of cash foreign currency and (or) the currency of the Russian Federation in an amount equal to the equivalent of 3 thousand US dollars or not exceeding this amount, the exported cash foreign currency and (or) the currency of the Russian Federation does not are subject to declaration to the customs authority. The export of an amount exceeding this threshold always requires a declaration to the customs authority.
A one-time export from the Russian Federation by a resident individual of cash foreign currency and (or) the currency of the Russian Federation in an amount exceeding the equivalent of 10 thousand US dollars is not allowed, unless the import in such an amount was previously declared in the prescribed manner .
In the event of a one-time export from the Russian Federation by a resident individual of traveler's checks in an amount exceeding the equivalent of 10 thousand US dollars, the exported traveler's checks must be declared to the customs authority by submitting a written customs declaration.
conclusions . Summing up, it should be said that at present in our country, currency control over the operations of resident individuals is quite liberal. Some remaining restrictions, such as, for example, setting a limit on the amount of currency that must be declared when exporting outside the country, limiting the amount of transfer, are temporary and, it seems, will be revised towards easing in the foreseeable future, and then completely canceled. This is driven by the desire to national currency- the ruble - a fully convertible currency, and turn Moscow into one of the world's leading financial centers.
15.04.16 Money transfers and paymentsQuestion:
I am a resident of Crimea, and due to the sanctions applied to Crimea, my company cannot transfer money (dollars) to me directly, to Crimea. In order to be able to receive money, I opened a bank account in Moscow and my company transferred some (less than 2,000 US dollars) amount to me there. When opening an account, I asked bank employees if it was possible to transfer currency from one of my accounts to another in another bank. I was told yes it is possible. Now that the money has arrived, I tried to transfer the currency to the account of the Crimean bank, where I also have a foreign currency account. And the bank tells me that settlements between residents within Russia in foreign currency are prohibited. Yes, I understand that between residents, but the transfer of funds from one of my accounts to another is not a settlement between residents. Tell me who is right here and how to get out of the situation so that I can get currency in Crimea.
Answer: A bank employee, telling you that “calculations between residents within Russia in foreign currency are prohibited,” simply made an inaccurate expression, voicing the law, but he is right in the main thing - such a ban really exists. Of course, it is bad that you were not immediately warned about the problem that they think you may have, i.e. treated the problem formally.
I'll start by explaining the situation. Article 9, paragraph 1 of the Federal Law "On currency regulation and currency control" dated 10.12.2003 N 173-FZ really states that currency transactions between residents are prohibited. It is between residents and precisely operations.
Here is how it is stated in the law N 173-FZ of 12/10/2003:
Here are just two of the 21 points:
- Currency transactions between residents are prohibited, with the exception of: (and then 21 items are listed with the exceptions themselves)
Article 9. Currency transactions between residentsThere are no separate articles, explanations or exceptions that would stipulate the impossibility of a resident to carry out foreign exchange transactions between his foreign currency accounts, but the law clearly stipulates the possibility of foreign currency transfers to close relatives (as an exception) and exceptions under part 3 of article 14, stipulated in Clause 1 of Art. 9.
The definition of “transactions between residents” is not fully applicable to you, and you are absolutely right in this, but there is no other definition of these transactions between accounts of one resident in the law either. There is a clear gap or inconsistency in the wording, which, of course, one can try to clarify through the Constitutional Court, but this is a long song, and there are no people who want to do this.
Therefore, in a situation where direct transfers from abroad to Crimea are under sanctions, and even American payment systems Visa and MasterCard operating in Russia maintain a sectional regime, and the law prohibits currency transfers between residents within the country, it becomes extremely problematic to transfer currency to a Crimean bank account.
Now about what in this situation can be done through your bank. There is only one option legal solution problems of non-cash transfer of currency from account to account, which the bank will not be able to dispute, and you already determine how accessible and realistic it is for you.
So, the currency can be transferred on the territory of Russia to a foreign currency account that will be opened by your wife (if she has one!), Father or mother, brother or sister. Such an exception by law is laid down in clause 17 (Article 9 of the Federal Law N 173-FZ of December 10, 2003), which may suit you, but I think the relationship of the resident recipient will need to be documented in the sending bank. In addition, the receiving bank must also be an authorized bank. Transfers are made without limitation on the amount.
This is how this operation is described in the same article of Law N 173-FZ of December 10, 2003, an excerpt from which I have already quoted above:
Article 9. Currency transactions between residents1. Currency transactions between residents are prohibited, except for:
1) transactions provided for by subparagraphs "g" and "h" of paragraph 9 of part 1 of article 1, parts 2 - 4 of this article, part 6 of article 12 and part 3 of article 14 of this Federal Law;
17) transfers by individuals - residents of foreign currency from their accounts opened with authorized banks in favor of other individuals - residents who are their spouses or close relatives (relatives in direct ascending and descending lines (parents and children, grandfather, grandmother and grandchildren ), full-blooded and half-blooded (having a common father or mother) brothers and sisters, adoptive parents and adopted children), to the accounts of these persons opened in authorized banks or in banks located outside the territory of the Russian Federation;
You can also try to issue a non-cash foreign exchange transfer from a resident's account to a non-resident's account, but for this, among your close friends there must be a non-resident who permanently resides in Crimea, has a foreign currency account, and even agrees to help you. This is a problematic and undesirable option, although transfers by residents of the Russian Federation when making a payment in favor of a non-resident of the Russian Federation in foreign currency are carried out without restrictions. And such transfers can be subject to financial monitoring.
In addition, in order to make a non-cash transfer in foreign currency in favor of a non-resident, an “Application for a money transfer (of a standard form) with obligatory observance the following conditions:
Article 14. Rights and obligations of residents in the course of foreign exchange transactions
3. Settlements in the course of foreign exchange transactions are made by resident individuals through bank accounts in authorized banks, the procedure for opening and maintaining which is established central bank Russian Federation, with the exception of the following currency transactions carried out in accordance with this Federal Law:
1) transfer by a resident natural person of currency valuables as a gift from the Russian Federation, a subject of the Russian Federation and (or) a municipality;
2) donations of currency values to a spouse and close relatives;
3) bequests of currency values or their receipt by inheritance right;
4) acquisition and alienation by a resident individual for the purpose of collecting single banknotes and coins;
5) transfer by an individual - resident from the Russian Federation and receipt in the Russian Federation by an individual - resident of a transfer without opening bank accounts, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide only for limiting the amount of the transfer, as well as mail order;
6) purchase from an authorized bank or sale to an authorized bank by a resident individual of cash foreign currency, exchange, replacement of banknotes of a foreign state (a group of foreign states), as well as acceptance of cash foreign currency for collection in banks outside the territory of the Russian Federation;
7) settlements of individuals - residents in foreign currency in duty-free shops, as well as in the sale of goods and the provision of services to individuals - residents along the route of vehicles in international transportation;
8) settlements carried out by resident individuals in accordance with Part 6.1 of Article 12 of this Federal Law;
9) transfer without opening a bank account by a resident individual in favor of a non-resident on the territory of the Russian Federation, receipt by a resident individual of a transfer without opening a bank account in the Russian Federation from a non-resident, carried out in accordance with the procedure established by the Central Bank of the Russian Federation, which may provide, respectively, only limiting the amount of the transfer and the amount of receipt of the transfer.
