Illegal currency transactions. You are viewing the section: Currency An article on illegal currency transactions

1. Carrying out illegal currency transactions, that is, currency transactions prohibited by the currency legislation of the Russian Federation or carried out in violation of the currency legislation of the Russian Federation, including the purchase and sale of foreign currency and checks (including traveler's checks), the nominal value of which is indicated in foreign currency, bypassing authorized banks, or carrying out currency transactions for which settlements are made, bypassing accounts in authorized banks or accounts (deposits) in banks located outside the territory of the Russian Federation, in cases not provided for by the currency legislation of the Russian Federation, or carrying out currency transactions, settlements which were made at the expense of funds credited to accounts (deposits) in banks located outside the territory of the Russian Federation, in cases not provided for by the currency legislation of the Russian Federation -

entails the imposition of an administrative fine on citizens, persons engaged in business activities without forming a legal entity, and legal entities in the amount of three-quarters to one of the amount of the illegal currency transaction; for officials - from twenty thousand to thirty thousand rubles.

In addition, according to Part 5.1 of Art. 15.25 of the Administrative Code, repeated commission of administrative offenses in the form of illegal currency transactions under Part 1 of Art. 15.25 of the Code of Administrative Offenses by an official previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of six months to three years.

The ratio of types of illegal currency transactions by parts 1 tbsp. 15.25 Code of Administrative Offenses with prohibitions and restrictions on types of transactions in the Federal Law “On Currency Regulation and Currency Control” No. 173-FZ, taking into account existing judicial practice:

- illegal transactions;

- permitted operations;

- ambiguous operations with reservations

Prohibited by currency legislation

Conducted in violation of the law

Bypassing bank accounts in unauthorized cases

For accounts abroad in unauthorized cases

Purchase and sale of cash foreign currency and checks in foreign currency

In addition to the purchase and sale of cash foreign currency and checks in foreign currency through banks and the state corporation "VEB.RF"

In addition to settlements between non-residents

Settlements of non-residents among themselves in cash foreign currency or the currency of the Russian Federation, taking into account the maximum amount of cash payments under the legislation of the Russian Federation

Transfers of foreign currencies and currencies of the Russian Federation between non-residents within the Russian Federation / outside the Russian Federation / to the Russian Federation from abroad

▼

Writing off funds from accounts
abroad

In addition to prohibited transactions between residents

In addition to write-offs of illegally credited funds

Special cases of illegal currency transactions include cases of liability for individuals of funds and (or) monetary instruments when entering the EAEU or leaving the EAEU through the Russian Federation under Article 16.4 of the Code of Administrative Offenses with fines of up to 200% of the amount of illegally moved funds. Criminal liability has been established for this under Article 200.1 of the Criminal Code of the Russian Federation. Criminal liability is also established for the transfer of funds in foreign currency or the currency of the Russian Federation to the accounts of non-residents using Article 193.1 of the Criminal Code of the Russian Federation.

Non-declaration or false declaration by individuals of cash and (or) monetary instruments transported across the customs border of the Customs Union and subject to written declaration, if these actions (inaction) do not contain a criminal offense -

entails the imposition of an administrative fine on citizens in the amount of one-half to two times the undeclared amount of cash and (or) the value of monetary instruments or confiscation of the subject of the administrative offense.

On physical
persons/citizens

For publications on cases of initiation of administrative cases by customs in connection with the movement of currency across the border of the Russian Federation in violation of currency rules, see the news column on the right of this page.

For the smuggling of cash and (or) monetary instruments, criminal liability is provided for in parts 1 and 2 of Article 200.1 of the Criminal Code of the Russian Federation:

For publications on cases of criminal cases initiated by customs in connection with the movement of currency across the border of the Russian Federation in violation of currency rules, see the news column on the right of this page.

Article 193.1 of the Criminal Code of the Russian Federation. Carrying out currency transactions to transfer funds in foreign currency or the currency of the Russian Federation to the accounts of non-residents using forged documents


In size up to 9 million rubles		shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by forced labor for a term of up to three years, or by imprisonment for a term of up to three years.
a) on a large scale 9 - 45 million rubles; b) by a group of persons by prior conspiracy; c) using a legal entity created for crimes involving transactions with funds or other property		shall be punishable by imprisonment for a term of up to five years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years.
a) on a particularly large scale over 45 million rubles; b) an organized group;		shall be punishable by imprisonment for a term of five to ten years with or without a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years.

For publications on cases of initiation of criminal cases by customs authorities in connection with bank transfers of foreign currency and (or) Russian currency to non-residents using forged documents, see the news column on the right of this page.

07/01/61, in accordance with the Decree of the Presidium of the Supreme Soviet of the USSR “On strengthening criminal liability for violations of the rules on currency transactions,” Article 88 was supplemented with the death penalty. (Approved by the Supreme Council of the RSFSR on July 25, 1962)

Article 88.

Article 88 of the Criminal Code of the RSFSR

Violation of rules on foreign exchange transactions

Violation of rules on currency transactions, as well as speculation in currency values or securities

- are punishable by imprisonment for a term of three to eight years with confiscation of property or without confiscation, with mandatory confiscation of currency values and securities and with reference to a term of two to five years or without reference.

Speculation in currency values or securities in the form of fishing or on a large scale, as well as violation of the rules on currency transactions by a person previously convicted under part one of this article,

- punishable by imprisonment for a term of five to fifteen years with confiscation of property and with reference to a term of two to five years or without reference, or the death penalty with confiscation of property"; http://www.lawrussia.ru/texts/legal_861/doc861a500x940 .htm

The possibility for citizens to carry out transactions with currency valuables was legislated by the Decree of the Presidium of the Supreme Soviet of the USSR of November 30, 1976 “On transactions with currency valuables on the territory of the USSR,” which established cases in which the participation of individuals in currency transactions was allowed: donation of currency valuables to close relatives , will and acquisition by right of inheritance of currency values, purchase and sale transactions, exchange and donation for the purpose of collecting single copies of coins, as well as payments in foreign currency and other currency values when paying for goods and services in authorized stores and organizations.

In a later version of Article 88 (probably since 1984), the death penalty is excluded.

Article 88. Violation of rules on currency transactions, as well as speculation in currency values or securities
- punishable by imprisonment for a term of three to eight years with confiscation of property or without confiscation, with mandatory confiscation of currency values and securities.

The same actions committed by a person previously convicted of crimes provided for in this article, as well as speculation in currency values or securities on a large scale
- punishable by imprisonment for a term of five to fifteen years with confiscation of property.

(as amended by the Law of the RSFSR of July 25, 1962 and the Decree of the Presidium of the Supreme Court of the RSFSR of January 30, 1984; Law of the RSFSR of December 5, 1991 No. 1982-1; Law of the Russian Federation of February 18, 1993 No. 4510-1. - Vedomosti of the Supreme Soviet of the RSFSR, 1962, no. 449; 1984, no. 5, art. 168; Vedomosti of the Council of People's Commissars of the RSFSR, 1991, no. 52, art. , art. 360)

In this version, the article existed until 1994, when in Russia dollars could be purchased at exchange offices. But they could also condemn.

In 1994, Article 88 was excluded from the Criminal Code of the Russian Federation - Federal Law dated July 1, 1994 N 10-FZ. - "Russian News", N 123, 07/06/94. But they turned it on instead, 162.7

Article 162.7. Illegal transactions with currency values

Carrying out illegal transactions with currency valuables through their purchase, sale, exchange, use as a means of payment, as well as illegal storage, transportation or forwarding of precious stones or precious metals in any form and condition, with the exception of jewelry and household products and scrap of such products,
- is punishable by a fine from thirty to one hundred times the minimum wage or imprisonment for a term of up to five years with or without confiscation of property.

The same actions committed repeatedly, or by prior conspiracy by a group of persons, or by an official, or on a large scale,
- punishable by imprisonment for a term of three to ten years with confiscation of property.

Note. Large size means a transaction amount that is fifty times greater than the minimum wage established by the legislation of the Russian Federation. (as amended by Federal Law No. 10-FZ dated 07/01/94 - “Russian News”, No. 123, 07/06/94)

In 1996, Article 162.7 was not included in the Criminal Code, but Article 191 appeared instead.

Types of violations of currency legislation

End of table. 11.1

In practice, illegal currency transactions often take the form of cash payments between residents and non-residents for foreign trade transactions involving the movement of goods across the customs border of the Russian Federation.

Moscow lawyers

Illegal also include currency transactions of resident individuals and legal entities with non-residents in cash foreign currency and the currency of the Russian Federation when conducting transactions on the territory of Russia for the purchase and sale of goods outside the sphere of retail trade, including when carrying out business activities.

A widespread violation of currency legislation is non-compliance with restrictions established on the export of foreign currency and/or Russian currency from the customs territory of Russia. If an individual exports from a given territory foreign currency and/or currency of the Russian Federation in an amount exceeding 10,000 US dollars in the absence of an import customs declaration or other documents confirming the import or transfer to Russia of currency exported in excess of the established norm, then such actions are qualified under Part 1 of Article 15.25 of the Administrative Code as an illegal currency transaction.

If customs authorities identify facts of illegal currency transactions on the territory of the Russian Federation, information about them is transferred in the prescribed manner to the territorial bodies of Rosfinnadzor. Materials about violations by a resident of the currency legislation of the Russian Federation, committed outside the territory of the Russian Federation, as well as information related to reasonable suspicions of the presence of such violations, are sent to the tax authorities at the place of registration of the resident in accordance with the Cooperation Agreement of the Federal Tax Service of the Russian Federation and the Federal Customs Service of the Russian Federation dated July 14, 2005 (Article 9).

Violation of currency legislation when exporting goods by residents consists of the resident’s failure to fulfill within the established period of time the obligation to receive into their bank accounts in authorized banks foreign currency or the currency of the Russian Federation due for goods transferred to non-residents.

Violation of currency legislation related to the fulfillment of the requirement for the return to the Russian Federation of funds paid to non-residents for goods not imported into the customs territory of Russia consists of violation of the terms established by the contract for the return of funds, and in their absence, the terms for importation or receipt of goods, depending on terms of the contract. These terms are defined in the contract.

The most typical violations of the uniform rules for issuing transaction passports are:

· setting the date for registration of the PS later than the completion of a currency transaction or the fulfillment of another obligation under the contract (for example, an obligation to transfer goods);

· incorrect completion or omission of one or more columns - most often section 3 “General information about the contract” or section 6 “Special information about the contract”;

· Violation of the deadline for re-registration of the PS in the event of amendments to the contract affecting the information specified in the passport.

In accordance with the Order of the Federal Customs Service dated 05.02.2009 No. 125 “On organizing work to identify violations of the currency legislation of the Russian Federation and acts of currency regulation authorities when carrying out foreign economic activity,” information about alleged violations of currency legislation identified during customs clearance and customs control is sent to within three days to the currency control department of the relevant customs office for inspection.

Inspections of compliance by foreign trade entities with currency legislation as a form of currency control represent an orderly set of control actions of its bodies and agents aimed at: 1) identifying and suppressing violations of the currency legislation of the Russian Federation, the rules of accounting and reporting on currency transactions; 2) prevention and prevention of such violations; 3) increasing the efficiency of applied control methods.

The right to conduct inspections by currency control authorities and agents is established by Law (Article 23).

The inspections are based on certain principles (Table 11.2).

Table 11.2

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Art. 193.1 of the Criminal Code of the Russian Federation with comments

Repatriation of foreign currency earnings

Nikolay Piksin, lawyer, partner, International law firm CMS Hasche Sigle.

Taras Oksyuk, lawyer, International law firm CMS Hasche Sigle.

With the adoption of Federal Law No. 173-FZ of December 10, 2003 “On Currency Regulation and Currency Control” (as amended on June 29, 2004, hereinafter referred to as the Law), the institution of repatriation of foreign currency earnings by Russian residents, designed to prevent " capital flight" from Russia and ensure the liquidity of the foreign exchange market and the stability of the ruble exchange rate. It is important for participants in civil transactions to clearly know what the requirements for the procedure for repatriating foreign currency earnings are, including when conducting intermediary foreign trade transactions. Otherwise, residents bear significant economic and legal risks.

Obligation to repatriate foreign currency earnings

This obligation is defined in Art. 19 of the Law and has two aspects.

The first is associated with the resident’s obligation, when carrying out foreign trade activities, to ensure, within the time periods stipulated by foreign trade agreements (contracts), receipt from non-residents into their bank accounts in authorized banks of foreign currency or the currency of the Russian Federation due in accordance with the terms of these agreements (contracts) for goods transferred to non-residents , work performed for them, services provided to them, information and results of intellectual activity transferred to them, including exclusive rights to them (clause 1, clause 1, article 19 of the Law).

Attention should be paid to the concept of revenue that is subject to the obligation to repatriate. Such revenue is receipts in favor of residents under foreign trade agreements for goods transferred to non-residents, work performed for them, services provided to them, information and results of intellectual activity transferred to them, including exclusive rights to them (clause 3 of Art.

Illegal currency transactions article of the Russian Criminal Code

21 of the Law). Thus, the obligation to repatriate does not apply to those receipts in favor of a resident from abroad, the basis for which is not a foreign trade contract. An example of such income can be dividends due to a resident from participation in foreign companies, since the legal fact from which the resident’s right to receive dividends arises is not a foreign trade agreement, but the resident’s participation in the authorized capital of a foreign legal entity.

This definition of foreign exchange earnings subject to repatriation through the basis for its receipt is a novelty in foreign exchange legislation. The previously in force Law of the Russian Federation of October 9, 1992 N 3615-1 “On Currency Regulation and Currency Control” (clause 1 of Article 5) did not provide for such a sign of repatriated proceeds, and the obligation to repatriate as a general rule applied to all types of income of a resident in foreign currency.

The second aspect of the repatriation obligation is the resident’s obligation to return to the Russian Federation funds paid to non-residents for goods not imported into the customs territory of the Russian Federation (not received in the customs territory of the Russian Federation), unperformed work, unrendered services, untransferred information and results of intellectual activity, including exceptional rights to them (clause 2, clause 1, article 19 of the Law). This rule applies to a contractual structure other than that relating to the first aspect of the obligation to repatriate. If in the first case the buyer of goods, the customer of work or services was a non-resident who was obligated to pay for them, then here the buyer (customer) who is obligated to pay is a resident.

When considering any aspect of the obligation to repatriate proceeds, one should take into account the period within which the resident must fulfill the obligation to credit funds to bank accounts with authorized banks. In accordance with paragraph 1 of Art. 19 of the Law is the period provided for by a foreign trade agreement (contract) for the fulfillment of obligations by a non-resident to pay for goods, work, services or exclusive rights (in the case of consideration of the first aspect of repatriation) and for the supply by a non-resident of goods, performance of work and provision of services (in the case of consideration of the second aspect repatriation).

Previously, according to clause 2 of Decree of the President of the Russian Federation of November 21, 1995 N 1163 “On priority measures to strengthen the system of exchange control in the Russian Federation,” such a period was strictly established exclusively for export contracts for the supply of goods and only in relation to the obligation to return previously transferred payments goods amounts and was 90 calendar days from the date of payment for goods, unless otherwise established by the Central Bank. Thus, now the requirements of the Law on the period for repatriation of foreign currency earnings are more liberal for residents in terms of exporting goods. Residents and non-residents today have the opportunity to provide in an agreement a period longer than 90 days for payment for goods by a non-resident (taking into account, of course, the requirements of Article 7 of the Law).

Formally, Presidential Decree No. 1163 has not yet been canceled. However, at present it cannot be applied as contrary to the Law (Part 3 of Article 90 of the Constitution of the Russian Federation), and the courts, when resolving a dispute regarding the repatriation of foreign currency earnings, must follow the provisions of a normative act that has greater force - the Law, and not the norms of the Presidential Decree RF (Part 2, Article 13 of the Arbitration Procedure Code of the Russian Federation).

There are exceptions to the rule

From the general rule on mandatory repatriation of foreign currency earnings, Art. 19 of the Law establishes 4 exceptions. It should be borne in mind that their list is exhaustive and is not subject to broad interpretation.

So, residents have the right not to credit foreign currency or Russian currency to their bank accounts in authorized banks in the following cases:

a) when crediting foreign currency earnings to the accounts of resident legal entities or third parties in banks outside the territory of the Russian Federation - in order to fulfill the obligations of resident legal entities under credit agreements and loan agreements with non-resident organizations that are agents of foreign governments, as well as credit agreements and loan agreements concluded with residents of OECD or FATF member states for a period of more than 2 years (clause 1, clause 2, article 19 of the Law).

Thus, if, for example, a Russian and a German company are currently entering into a loan agreement for a period of more than 2 years, then a company that is a resident of the Russian Federation has the right to use its proceeds under a foreign trade contract to repay the debt under the loan agreement, transferring them directly to the lender or first to your account in a foreign bank, and then - to the lender’s account. Of course, in this regard, the question arises of control over the performance of such transactions by companies resident in the Russian Federation in order to avoid situations of unjustified leaving of foreign currency earnings abroad under the flimsy pretext of fulfilling obligations under loan agreements. The control mechanism is provided for in Ch. 2 Instructions of the Central Bank of June 15, 2004 N 117-I and includes, among other things, the opening by a resident of a transaction passport under such a loan agreement, as well as providing the authorized bank with certificates of settlements through accounts abroad under the loan agreement;

b) when customers (non-residents) pay local expenses of residents related to the construction by residents of facilities on the territories of foreign states (clause 2, clause 2, article 19 of the Law). This rule is valid for the construction period, after which the remaining funds are subject to transfer to resident accounts opened with authorized banks;

c) when using foreign currency received by residents from holding exhibitions, sports, cultural and other similar events outside the Russian Federation, to cover the costs of their holding (clause 3, clause 2, article 19 of the Law). This exception applies during the period of these events;

d) when offsetting counterclaims for obligations between non-residents and residents who are transport organizations, or between non-residents and residents fishing outside the customs territory of the Russian Federation (clause 4, clause 2, article 19 of the Law). Particular attention should be paid to this basis.

According to previously existing legislation, offsetting claims under foreign trade contracts, which served as the basis for non-crediting of foreign currency earnings in the Russian Federation, was allowed in any case with the permission of the Central Bank, even if settlements were made in the currency of the Russian Federation. (See: P. 1 Generalizations of the practice of applying regulations of the Central Bank on issues of currency regulation // Bulletin of the Bank of Russia. 2001. N 31. May 16.) Currently, the possibility of offset under foreign trade contracts exists only for Russian residents providing transport services or those employed in the fishing industry. In any other cases, testing is unacceptable, despite the provisions of Art. 410 of the Civil Code of the Russian Federation. This case is a striking example of how rules of private law cannot be applied as contrary to public law.

The resident is responsible for repatriation

According to Part 4 of Art. 15.25 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) failure by a resident to fulfill within the prescribed period the obligation to receive into his bank accounts in authorized banks foreign currency or currency of the Russian Federation due for goods transferred to non-residents, work performed for non-residents, services provided to non-residents or for transferred information or results of intellectual activity, including exclusive rights to them, to non-residents, entails the imposition of an administrative fine on officials and legal entities in the amount of from 3/4 to 1 of the amount of funds not credited to accounts in authorized banks.

Failure by a resident to fulfill within the established time limit the obligation to return to the Russian Federation funds paid to non-residents for goods not imported into the customs territory of the Russian Federation (not received in the customs territory of the Russian Federation), work not performed, services not provided, or for information or results of intellectual activity not transferred, including exceptional ones rights to them, entails in accordance with paragraph 5 of Art. 15.25 of the Code of Administrative Offenses of the Russian Federation imposes an administrative fine on officials and legal entities in the amount of 3/4 to 1 of the amount of funds not returned to the Russian Federation.

However, in practice, bringing residents to justice under clause 2 or clause 3 of Art. 15.25 of the Code of Administrative Offenses of the Russian Federation raises a lot of questions. For example, is a resident company subject to liability if all its attempts to return to the Russian Federation previously paid amounts under an unfulfilled foreign trade contract were unsuccessful due to the refusal of the non-resident counterparty to fulfill the obligation to return the amounts? Is a resident legal entity liable for failure to fulfill the obligation to repatriate proceeds if a non-resident simply does not pay for goods transferred to him, work performed or services rendered?

In such situations, approaches developed in law enforcement practice, including judicial and arbitration practice, should be applied during the period of the previous currency legislation.

According to Art. 2.1 of the Code of Administrative Offenses of the Russian Federation, a necessary feature of an administrative offense is the guilt of a person. According to paragraph 2 of the same article, a legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and regulations, for violation of which the Code of Administrative Offenses provides for administrative liability, but this person did not take all the measures depending on it on their compliance.

Thus, when deciding whether to hold a resident liable, the question should be resolved: did he take all the necessary reasonable and sufficient measures to ensure the repatriation of proceeds at each stage of preparation, conclusion, execution of the contract and debt collection? In particular, when deciding whether to hold him accountable for failure to return to the Russian Federation amounts paid under unfulfilled import contracts, the following factors may be taken into account:

At the stage of pre-contractual preparation. Finding out through the Chamber of Commerce and Industry, trade mission, official bodies of the country of the foreign partner or by other means its reliability and business reputation.
At the stage of concluding a contract. Inclusion in the contract of a method of ensuring the fulfillment of obligations depending on the reliability and business reputation of the partner (penalty, guarantee, pledge, deposit, etc.).
The use of such forms of payment under the contract that eliminate the risk of failure to fulfill the non-resident’s obligations to supply goods, perform work and provide services (payment after the non-resident has fulfilled obligations, payment using a letter of credit, etc.).
Development of a mechanism for resolving possible disagreements with a clear indication of the timing of pre-trial methods of protecting violated rights and an indication of which judicial body will consider the dispute that has arisen.
After non-fulfillment or improper fulfillment of obligations by the counterparty. Conducting claims work, submitting a statement of claim to the judicial authorities after a response to a claim or the expiration of the response period with a demand for the supply of non-imported goods or recovery of their value from the counterparty.

Thus, if a resident, in respect of whom a non-resident does not fulfill obligations to pay or return funds, has taken all reasonable and necessary measures to eliminate the situation of impossibility of repatriation of proceeds (return) of amounts paid under an unfulfilled contract, then he is not guilty of non-repatriation of proceeds in the Russian Federation. Consequently, there is no corpus delicti of an administrative offense as a basis for bringing a person to justice. The issue of the adequacy of the measures taken is decided by the currency control authority and the court in each specific case, taking into account all the circumstances of the case.

An interesting situation is when a non-resident fulfills the obligation to transfer goods to a representative of a resident outside the Russian Federation, and then the goods turn out to be lost (destroyed) due to force majeure or are removed from the possession of the resident (his representatives) due to actions (acts) of the competent authorities of a foreign state (for example, requisition, confiscation, etc.), as a result of which such goods cannot be imported into the Russian Federation. It seems that in this case there is no guilt of the resident in non-return of the amounts paid, as well as grounds for making demands on the non-resident for the return of the amounts paid to the resident, since the non-resident supplier properly fulfilled his obligations to supply goods.

Article 88. Violation of rules on currency transactions

Violation of rules on currency transactions, as well as speculation in currency values or securities

Punishable by imprisonment for a term of three to eight years with confiscation of property or without confiscation, with mandatory confiscation of currency values and securities and with reference to a term of two to five years or without reference.

Speculation in currency values or securities in the form of fishing or on a large scale, as well as violation of the rules on currency transactions, whether previously convicted under part one of this article,

Punishable by imprisonment for a term of five to fifteen years with confiscation of property and with reference to a term of two to five years or without reference, or the death penalty with confiscation of property"; http://www.lawrussia.ru/texts/legal_861/doc861a500x940. htm

In a later version of Article 88 (probably since 1984), the death penalty is excluded.

Article 88. Violation of rules on currency transactions, as well as speculation in currency values or securities
- are punishable by imprisonment for a term of three to eight years with confiscation of property or without confiscation, with mandatory confiscation of currency values and securities.

The same actions, whether committed by a person previously convicted of crimes provided for in this article, as well as speculation in currency values or securities on a large scale
- are punishable by imprisonment for a term of five to fifteen years with confiscation of property.

(as amended by the Law of the RSFSR of July 25, 1962 and the Decree of the Presidium of the Supreme Court of the RSFSR of January 30, 1984; Law of the RSFSR of December 5, 1991 No. 1982-1; Law of the Russian Federation of February 18, 1993 No. 4510-1. - Vedomosti of the Supreme Soviet of the RSFSR, 1962, no. 449; 1984, no. 5, art. 168; Vedomosti of the Supreme Council of the RSFSR and the Supreme Court of the Russian Federation, 1991, no. 52, art. , art. 360)

In this version, the article existed until 1994, when in Russia dollars could be purchased at exchange offices. .

In 1994, Article 88 was excluded from the Criminal Code of the Russian Federation - Federal Law dated July 1, 1994 N 10-FZ. - “Russian News”, N 123, 07/06/94. But they turned it on instead, 162.7

Article 162.7. Illegal transactions with currency values

Carrying out illegal transactions with currency valuables through their purchase - sale, exchange, use as a means of payment, as well as illegal storage, transportation or forwarding of precious stones or precious metals in any form and condition, with the exception of jewelry and household products and scrap of such products,
- is punishable by a fine from thirty to one hundred times the minimum wage or imprisonment for a term of up to five years with or without confiscation of property.

The same actions committed repeatedly, or by prior conspiracy by a group of persons, or by an official

Ivan Dergilev

Both money changers and their clients will be fined for buying dollars or euros.

Residents of the capital no longer remember what queues at currency exchange offices are like and young men scurrying around offering to exchange money with them - without a queue and at a favorable rate. Today in Moscow, money can be exchanged at any time of the day, in any more or less public place, and even automatically - through an ATM. At the same time, in the regions you can often find cars with a “currency” sign on the windshield.

A Rusi correspondent recently saw several similar “exchangers on wheels” in the city of Pskov. Local residents actively use their services: there are few accessible legal exchangers in the city, and banks scare away citizens with queues, and some with arrogant staff.

Currency bugs are also active on trains traveling to the CIS countries. For example, when approaching the Ukrainian border, the train is filled with men and women of different ages with bundles of hryvnias and rubles. They unceremoniously knock on the doors of all compartments and impose their buying and selling services on passengers. Transport police and border guards do not pay any attention to them.

To combat regional and train “currency traders” who take away profits from banks, a new norm has been introduced into the Code of Administrative Offenses. It was published in yesterday's issue of Rossiyskaya Gazeta, which means it came into force as of yesterday. The amended article provides for a fine in the amount of 3/4 to one of the amounts of the illegal currency transaction. For example, if a person is caught exchanging 100 US dollars, he will be fined at least 75 greenbacks, and at most he will have to give the entire amount to the state.

Also subject to punishment is the purchase and sale of foreign currency and checks (including traveler's checks), bypassing authorized banks. We are talking about checks whose denomination is indicated in foreign currency. As experts note, the adopted version of the article specifies currency violations that fall under administrative punishment. Previously, this article of the Code did not work. The reason for this was the vagueness of the wording, which made it difficult to prosecute those responsible.

“Indeed, the Code of Administrative Offenses already had an article prohibiting illegal currency transactions, but it was “dead”, and we did not even try to prosecute anyone under it,” a source in the Moscow police commented to Rusi. - We have not yet received any clarification on the new article, after your call I will familiarize myself with the changes and we will think about how to apply them in practice.

A source in the Federal Ministry of Internal Affairs did not rule out that police officers accompanying international trains will be instructed to fine several currency traders.

“As soon as a few of them receive large fines, the rest will run away,” he believes.

However, not everything in Moscow is as rosy as it seems. Just today, operatives busted an illegal exchanger in one of the capital’s major shopping centers, operating under the documents of the long-defunct bank Proletarsky CB LLC, without licenses or permits.

“During the inspection, it was established that operational cash desks operate without registration and are not related to capital banks,” said Irina Volk, head of the press service of the Department of Economic Security and Anti-Corruption of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow. - During the control exchange, it turned out that the cashiers were counting other people's money without documents permitting it.

As investigators established, the illegal exchanger had been operating for several months. One can only guess how many people have suffered at the hands of scammers during this time. According to the police, more than 900 thousand rubles and stamps were found in the premises of the “black” cash register. The organizers of the underground currency exchange office, if found, will be brought to administrative responsibility. Cash desk employees face a fine of 150 thousand rubles.

The capital's police officers have not ruled out that in the future, during control purchases, they will fine illegal currency traders under a new article of the Code of Administrative Offences. And the most interesting thing is that liability now threatens not only the money changers, but also those who are too lazy to go to the nearest bank. Clients who change currency in person will also be subject to administrative liability, a source in the Ministry of Internal Affairs assured Rus.

Illegal currency transactions carried out by both individuals and legal entities, if detected, lead to the imposition of sanctions. Violators are subject to fines or even imprisonment. At the same time, if legal entities fail to comply with currency legislation, their officials are also held accountable.

Types of currency violations

Illegal currency transactions may include the following:

acquisition or sale of foreign currency or checks denominated in foreign currency without the participation of authorized banks;
conducting foreign exchange transactions in foreign currency not through accounts opened with authorized banks, or bypassing foreign accounts, in cases not provided for by federal currency legislation;
carrying out operations not provided for by currency legislation with the participation of funds credited to foreign accounts.

In addition, currency violations include:

failure to submit or submit in violation of deadlines information on the opening/closing of foreign accounts of residents who are engaged in business;
failure to submit reports (or violation of deadlines for submitting them) on currency transactions;
untimely crediting by residents of funds to accounts in authorized banks from transactions made with non-residents;
untimely return to Russian territory of funds received from a non-resident for a transaction not completed in the Russian Federation.

Violation of currency legislation - fines in 2017

The fines imposed for violation of currency legislation are specified in Art. 15.25 Code of Administrative Offenses of the Russian Federation.

Typically, fines for individuals are an order of magnitude less than those established for violators - legal entities. In addition, along with the imposition of a fine on a legal entity for carrying out an illegal currency transaction, sanctions are also applied to officials of such an organization who are guilty of committing offenses.

The minimum fine for violators - individuals is 1,000 rubles. For legal entities, this amount is more significant: the minimum fine is 50,000 rubles. It is quite common to impose a fine in the amount of ¾ to 1 of the size of such an operation.

For violation of the deadlines for crediting funds within the framework of currency legislation, violators will face sanctions not in a fixed amount, as for carrying out illegal currency transactions, but in the amount of 1/150 of the Central Bank refinancing rate.

What documents are submitted for currency control, read .

Which article of the Criminal Code of the Russian Federation contains sanctions for illegal currency transactions?

Even more serious liability for conducting illegal currency transactions is established by Art. 193, 193.1 of the Criminal Code of the Russian Federation - from large fines to imprisonment.

Under criminal liability, according to Art. 193, includes non-return of money in foreign currency from abroad. Unreturned money is considered to be amounts that should have been credited to the resident under the contract at the authorized bank, but never reached the corresponding current accounts. If the amount of uncredited funds exceeds 9 million rubles, it is considered that this is a major violation and the following punishment is provided:

for violations committed by a group of persons by prior conspiracy, the fine framework has been changed from 300 to 500 thousand rubles, but the actual term can reach 4 years.

If the size of illegal currency transactions is equal to or greater than a particularly large amount (that is, more than 45 million rubles), a group of persons was involved in the case, a forged document was present, or an organization was used in the scheme, then the amount of sanctions will be as follows:

up to 5 years imprisonment, fine up to 1 million rubles. or withdrawal in the same amount of salary for 5 years.

Next article 193.1 of the Criminal Code of the Russian Federation regulates the transfer of foreign currency to the accounts of non-residents. If such a transfer was accompanied by the provision of false data to the bank, then punishment may entail:

fine from 200 thousand rubles. up to 500 thousand rubles, but depending on the conditions of the violation, it may lead to the seizure of wages for up to 3 years, forced labor or an actual prison term of up to 3 years;

If the violation was committed by a group of persons by agreement, on a large scale or in the scheme, an organization was specially introduced through which all transfers were made:

up to 5 years imprisonment with a fine of up to 1 million rubles. or withdrawal in the same amount of salary for 5 years.

If the size of the violation is particularly large or a group of persons participated in it:

from 5 to 10 years imprisonment with a fine of up to 1 million rubles. or withdrawal in the same amount of salary for 5 years.

What is the statute of limitations period for currency control authorities to be held liable?

The statute of limitations for bringing to liability for violation of currency legislation in 2017 is 2 years. This time period was established in 2016; up to this point it did not exceed 1 year.

The increase was required for the reason that documents from customs authorities or banks about violations of the law were often received by Rosfinnadzor, and after its abolition - by the Federal Tax Service after the period during which violators could be held accountable had expired.

The specified two-year statute of limitations applies to prosecution for all currency violations specified in Art. 15.25 Code of Administrative Offenses of the Russian Federation. For example, this provision will affect the lack of transfer to the resident’s account of foreign currency earnings for goods sold, and untimely reporting for conducting a foreign exchange transaction, etc.

Results

The list of violations that may result in prosecution is given in Art. 15.25 Code of Administrative Offenses of the Russian Federation. Carrying out illegal currency transactions entails bringing the violator to administrative or criminal liability. The list of sanctions includes fines and even imprisonment.