Resolution of the Board of
the National Bank of the Republic of Belarus
No. 72 of April 30, 2004
[Amended as of
May 24, 2010]
On Approval of Rules of Conducting Currency
Operations
On the basis of articles 26, 33, 277 of the Banking Code of the
Republic of Belarus, article 21 of the Law of the Republic of Belarus of July
22, 2003 “On Currency Regulations and Currency Control” the Board of the
National Bank of the Republic of Belarus has decided:
1. To approve the annexed Rules of Conducting the currency operations.
2. To establish that the accounts of the non-residents of the type
"I" (investment), which have been opened at the banks of the Republic
of Belarus prior to the entry into force of this Resolution, function till the
full depletion of monetary funds in the following regime:
credit operations are not performed;
debit operations are performed in the order established for current
(settlement) account of the type "T".
21. The opening of bank accounts to non-residents of the
Republic of Belarus in Belarusian rubles and foreing currency, as well as to
residents of the Republic of Belarus in foreign currency, by the National Bank
of the Republic of Belarus, banks and non-bank credit and financial
organizations in the Republic of Belarus shall be performed in the order
established by the Resolution of the Board of the National Bank No. 40 of April
3, 2009 "On opening of bank accounts", with regard to requirements of
the legislation.
Conducting of currency operations on them shall be perfromed in
accordance with this Resolution and other acts of legislation.
3. [Excluded]
4. [Not given]
5. This Resolution enters into force from July 1, 2004.
Chairperson of the Board P.P.
Prokopovich
Annex to the Resolution
of the Board on the
National Bank
of the Republic of Belarus
No. 72 of April 30, 2004
Rules of Conducting the Currency Operations
The Rules of Conducting the Currency Operations (hereinafter – the
Rules) are developed in accordance with articles 26, 33, 277 of the Banking
Code of the Republic of Belarus, article 21 of the Law of the Republic of
Belarus of July 22, 2003 “On Currency Regulations and Currency Control” and
determine a single procedure for carrying out currency operations by the legal
persons, including banks and non-bank credit and financial organizations,
individual entrepreneurs and natural persons.
Chapter 1.
Main Terms and Definitions
1. The terms applied in the
present Rules are used in the notions mentioned in article 1 of the Law of the
Republic of Belarus of July 22, 2003 “On Currency Regulations and Currency
Control”.
2. Applicably to the present
Rules the terms and notions are used in the following meaning:
banks – banks and non-bank credit and financial organizations being
such in accordance with the legislation of the Republic of Belarus, their
affiliations (departments) as well as the National Bank of the Republic of
Belarus (hereinafter – the National Bank) including its structural
subdivisions;
banks-non-residents – banks and non-bank credit and financial
organizations created in accordance with the legislation of a foreign state
with the location outside the Republic of Belarus;
currency-operation entities – legal persons created in accordance with
the legislation of the Republic of Belarus with the location in the Republic of
Belarus; foreign affiliations and representations of legal persons located in
the Republic of Belarus and created in accordance with the legislation of the
Republic of Belarus; diplomatic and other official missions, consular
establishments of the Republic of Belarus being abroad; the Republic of Belarus
and its administrative units participating in the relations regulated by the
currency legislation of the Republic of Belarus; legal persons created in
accordance with legislation of foreign states with the location abroad;
Belarusian and foreign affiliations and representations of legal persons created
in accordance with legislation of foreign states and located abroad;
organizations not being legal persons created in accordance with the
legislation of foreign states and located abroad; Belarusian and foreign
affiliations and representations of the organizations not being legal persons
and created in accordance with the legislation of foreign states with the place
of location abroad; diplomatic and other official missions, consular
establishments of foreign states being in the Republic of Belarus and abroad;
international organizations, their affiliations and representations; foreign
states and their administrative units participating in the relations regulated
by the currency legislation of the Republic of Belarus;
currency – Belarusian rubles and foreign currency;
settlements – the fulfillment of monetary obligation by paying cash or
in the cashless form.
The currency operations carried out on the territory of the Republic of
Belarus are the following:
in part of the currency operations providing the settlements under the
transactions stipulating the transfer of goods, protected information,
exclusive rights to results of intellectual activity, property for lease,
fulfillment of works and rendering services - the currency operations providing
settlements under the transactions under which the transfer or reception of
goods, protected information, exclusive rights to results of intellectual
activity, property for lease, fulfillment of goods and rendering services is
carried out on the territory of the Republic of Belarus regardless of the place
where the money is given or transfered and/or put into account under these
currency operations;
in part of the currency operations providing settlements under the
transactions not providing the transfer of the goods, protected informatoin,
exclusive rights to results of intellectual activity, property for lease,
fulfillment of works and rendering services - the currency operations providing
settlements under the transactions under which the cash money is given on the
territory of the Republic of Belarus, the cash money is put on the accounts in
the banks or money are transferred from one account into another account opened
in banks;
currency operations providing settlements under the transactions on
alienation of immovable property located in the territory of the Republic of
Belarus.
Currency operations carried out abroad are all other currency operation
not refering to as currency operations carried out on the territory of the
Republic of Belarus.
In case there is a dispute about the place of transfer or reception of
the goods, protected information, exclusive rights to results of intellectual
activity, property for lease, fulfillment of works and rendering services as
well as the place where the money is given, the place of the transfer
(fulfillment or rendering) is the territory of the Republic of Belarus.
21. Explanations
about the procedure of application of the provisions of the present Rules may
be given and signed by the Deputy Chairman of the Administration of the
National Bank of the Republic of Belarus supervising the activity of the main
department of currency regulation and currency control.
Chapter 2.
Basic Rules of Conducting Currency Operations
3. Currency operations are carried out by the residents and
non-residents in accordance with the requirements of legislation of the
Republic of Belarus on the basis of concluded contracts or on other grounds
provided by legislation of the Republic of Belarus or legislation of foreign
states.
4. Individual
entrepreneurs-residents hold the currency operations in order established for
the currency-operation entities-residents except for the currency operations
for which the legislation of the Republic of Belarus provides a special order.
5. Individual
entrepreneurs-non-residents hold currency operations in order established for
the currency-operation entities-non-residents, Unless otherwise established by
legislation of the Republic of Belarus.
6. Residents and non-residents
carry out the currency exchange transactions on the territory of the Republic
of Belarus through banks in accordance with the requirements of legal acts of
the National Bank.
7. Unless otherwise determined
by the acts of currency legislation of the Republic of Belarus, the change of
currency of obligation is possible while carrying out the currency operations
between a resident and non-resident under export or import in the following
cases:
changing the monetary obligations of the resident expressed in foreign
currency into the monetary obligations expressed in Belarusian rubles;
changing the monetary obligations of the resident expressed in
Belarusian rubles into the monetary obligations expressed in foreign currency;
changing the monetary obligations of a non-resident expressed in
foreign currency into monetary obligations expressed in Belarusian rubles;
changing the monetary obligations of the non-resident expressed in
Belarusian rubles into the monetary obligations expressed in foreign currency.
8. Unless otherwise determined
by the acts of the currency legislation of the Republic of Belarus, while
carrying out the currency operations (except for the import-export currency
operations) between the resident (except for the bank in regard to the bank
transaction) and non-resident:
8.1. the change of the currency
of obligation is allowed:
at changing the money obligations of the resident expressed in foreign
currency into monetary obligations expressed in Belarusian rubles;
at changing the money obligations of the non-resident expressed in
Belarusian rubles into monetary obligations expressed in foreign currency;
8.2. the change of currency of
obligation is not allowed:
if the monetary obligations of the resident expressed in Belarusian
rubles are changed into the monetary obligations expressed in foreign currency;
if the monetary obligations of non-resident expressed in foreign
currency are changed into the monetary obligations expressed in Belarusian
rubles.
9. Unless otherwise determined
by the acts of currency legislation of the Republic of Belarus, while carrying
out the currency operations, being the bank transactions, between a bank and
non-resident the change of the currency of obligation is allowed in the following
cases:
changing the monetary obligations of the bank expressed in foreign
currency into monetary obligations expressed in Belarusian rubles;
changing the monetary obligations of the bank expressed in Belarusian
rubles into monetary obligations expressed in foreign currency;
changing the monetary obligations of the non-resident expressed in
foreign currency into the monetary obligations expressed in Belarusian rubles;
changing the monetary obligations of the non-resident expressed in
Belarusian rubles into the monetary obligations expressed in the foreign
currency.
10. Unless otherwise determined
by the acts of currency legislation of the Republic of Belarus, while carrying
out the currency operations being the bank transactions between the bank and the
resident the change of the currency is allowed in the following cases:
changing the monetary obligations of the bank expressed in foreign
currency into monetary obligations expressed in Belarusian rubles;
changing the monetary obligations of the resident expressed in foreign
currency into the monetary obligations expressed in Belarusian rubles.
11. Unless otherwise determined
by the acts of currency legislation of the Republic of Belarus, while carrying
out the currency operations between the residents (except for the banks in
regard to the bank transactions) the change of the monetary obligations of the
resident expressed in the foreign currency into the monetary obligations
expressed in Belarusian rubles is allowed.
12. Unless otherwise determined
by the acts of the currency legislation of the Republic of Belarus, the change
of monetary obligations of the resident expressed in Belarusian rubles into the
monetary obligations expressed in foreign currency while carrying out the
transactions between the residents (except for the banks in regard to the bank
transactions) is allowed only in cases, when the legislation of the Republic of
Belarus permits the use of the foreign currency between them.
13. Unless otherwise determined
by the acts of currency legislation of the Republic of Belarus, while carrying
out bank transactions between the bank and the resident:
it is allowed to change the monetary obligations of the resident
expressed in Belarusian rubles into the monetary obligations expressed in
foreign currency;
it is not allowed to change the monetary obligations of the bank
expressed in Belarusian rubles into the monetary obligations expressed in
foreign currency.
131. Unless otherwise
is stipulated by the acts of currency legislation of the Republic of Belarus,
while carrying out the currency operations between residents, between residents
and non-residents it is possible to change the money obligations expressed in
one foreign currency to the money obligations expressed in other foreign
currency.
132. The change of currency of monetary obligations in the
cases non permitted by provisions of clauses 8, 12, 13 of the present Rules is
allowed on the basis of a permit of the National Bank.
14. Grounds for conducting
currency operations, for which the legislation of the Republic of Belarus
establishes a permissive order, are the following:
under the currency operations carried out between the entities of the
currency operations, between such an entity and a natural persons, as well as
between natural persons – a permission of the National bank received by one of
the parties participating in the transaction;
under the currency operations being the bank transactions and carried
out with the bank – a relevant license of the National Bank issued to that
bank.
Chapter 3.
Conducting Current Currency Operations and Currency Operations Connected
with the Capital Flow
15. Current currency operations
are carried out between the residents and non-residents without limitations.
No permits (licenses) of the National Bank are required for the
performance of current currency operations, with the exception of the currency
operations specified in part 3 of this clause..
The currency operations stipulating the transfer of monetary funds by a
currency-operation entity, resident (except for a bank), to a non-resident
under gift contracts (including donations) are performed on the basis of a
permit of the National Bank.
16. Natural persons-residents
carry out the currency operations connected with the capital flow:
on the ground of the permits of the National Bank – for the currency
operations mentioned in article 10 of the Law of the Republic of Belarus “On
Currency Regulation and Currency Control”;
without any permits of the National Bank – for other currency
operations.
17. currency-operation entities
(except for the banks) carry out the currency operations connected with the
capital flow:
on the ground of the permits of the National Bank – for the currency
operations mentioned in clause 18 of the present Rules;
without any permits of the National Bank – for the currency operations
mentioned in article 10 of the Law of the Republic of Belarus “On Currency
Regulation and Currency Control”;
in order of notification – for the currency operations mentioned in
clause 20 of the present Rules.
18. currency-operation
entities-residents (except for the banks) carry out, on the ground of the
permits of the National Bank to hold currency operations connected with the
capital flow, the currency operations which stipulate:
18.1. purchase of shares at
their distribution among the founders, as well as the shares in the statutory
(authorized) fund or the share in the property of a non-resident;
18.2. purchase from a
non-resident of securities issued by non-residents, except for the purchase of
the shares at their distribution among the founders;
18.3. purchase in ownership of
the property located outside the Republic of Belarus, that is referred to real
estate by the legislation of the Republic of Belarus;
18.4. [excluded]
18.5. putting money into the
banks-non-residents or transfer of monetary funds to non-residents (except for
banks -- non-residents) on trust conditions;;
18.6. giving loans for the term;
18.7. settlements under
obligations which have arisen at the currency-operation entity (except for a
bank) being a surety, a guarantor before a non-resident on the ground of a
suretiship (guaranty) contract concluded between them;
18.8. reception of credits and/or loans, if there is at least one of the
following conditions:
interest rate for the credit and/or loan exceeds the following levels:
while performing operations in US dollars, Euros -- 14 percent per annum; while
performing operations in other foreign currencies, Belarusian rubles -- the
rate of refinancing of the respective central (national) bank effective on the
daye of receipt of the credit and/or loan by the subject of currency operation
-- resident, increased by 5 percentage points;
interest rate for using credit and/or loan in the case of default on
the credit and/or loan (in the amount of increase of the interest rate due to
the failure to return the credit and/or loan), the amount of penalty (fine,
penalty interest), combined, exceed 0.01 percent for every day of delay (3.65
percent per annum). For the calculation of this level in the event when the
amount of penalty (fine, penalty interest) is expressed in an fixed sum, it has
to be recalculated in a percentage-point expression;
the contract between a currency-operation entity -- resident (except
for a bank) and a non-resident (except for a bank -- non-resident) stipulates,
along with the interest rate of using credit and/or loan, a duty to perform
other payments (except for payments for using the credit and/or loan in the
case of the default in repayment of the credit and/or loan (in the amount of
increase of the interest rate due to the failure to return the credit and/or
loan), and the payments for paying the penalty (fine, interest penalty);
fulfillment of obligations on the repayment of the credit and/or loan
is carried out not from the credit-holder’s account;
the creditor is registered in the state (in the territory) where there
is a privileged taxation regime and/or no financial information may be
submitted or disclosed (off-shore zones);
18.9. settlements with a bank -- non-resident under a letter of credit
according to the conditions of which the resident receives financing for a term
exceeding 180 days, and the interest rate for using monetary funds exceeds the
level established by .the Board of Directors of the National Bank;
18.10. settlements under a loan contract which stipulates the payment
of interest rate exceeding the level established by the Board of Directors of
the National Bank for a deferral and/or instalment of payment for goods
shipment (work performance, services provision), transfer of protected
information, exclusive rights to results of intellectual activity and/or for
using received monetary funds, including settlements under a contract which
stipulates export and/or import of goods (works, services), protected
information, exclusive rights to results of intellectual activity, if the
period between the date of receipt of monetary funds (payment) and the date of
shipment (receipt) of goods (works performance, services provision), transfer
of protected information, exclusive rights to results of intellectual activity,
in which the said loan conditions are contained;
18.11. settlements under obligations which have arisen for a
currency-operation entity -- resident (except for a bank) before a non-resident
on the ground of a debt-delegation contract or an assignment contract;
19. [Excluded]
20. currency-operation
entities-residents (except for the banks) in the order of notification carry
out the currency operations connected with the capital flow and not mentioned
in clauses 18-19 of the present Rules and not mentioned in article 10 of the
Law of the Republic of Belarus “On Currency Regulation and Currency Control”.
The procedure for submitting the notifications under the currency
operations connected with the capital flow is established by the legal acts of
the National Bank.
21. The banks carry out the
currency operations connected with the capital flow:
on the ground of the licenses issued by the National Bank – for the
currency operations being the bank transactions;
on the ground of permits of the National Bank – for the currency
operations mentioned in clause 22 of the present Rules;
without a permit of the National Bank - for the currency operations
specified in Article 10 of the Law of the Republic of Belarus "On currency
regulation and currency control";
in the order of notification – other currency operations.
22. Banks carry out the following
transactions connected with the capital flow on the ground of a permit of the
National Bank:
22.1. purchase of shares at
their distribution among the founders as well as the share in statutory fund or
the share in the property of non-residents;
22.2. transfers in favor of
non-residents under the obligations on purchasing by the resident of property
being abroad and referred by the legislation of the Republic of Belarus to the
real estate;
22.3. [excluded]
Chapter 4. Currency Operations Between
Currency-Operation Entities-Residents and Currency-Operation
Entities-Non-Residents
23. While performing currency
operations between a currency-operation entity-resident and a
currency-operation entity-non-resident, Belarusian rubles may be used:
in a cashless form, while performing all currency operations;
in cash, in accordance with the legislation of the Republic of Belarus.
24. Unless otherwise provided by
treaties of the Republic of Belarus, the monetary obligations under the
currency operations between the currency-operation entity-resident and
currency-operation entity-non-resident may be expressed and fulfilled in
foreign currency the official rate of which in Belarusian rubles is established
by the National Bank.
Chapter
5. Use of Foreign Currency, Securities
in Foreign Currency and Payment Documents in Foreign Currency at Holding
Currency
Operations between Currency-Operation Entities-Residents
25. While holding the currency operations the use
of foreign currency, securities in the foreign currency and/or payment
documents in foreign currency between the currency-operation entities-residents
is allowed in the following cases:
25.1. at
settlements with transportation and/or forwarding organizations for the
transportation and/or forwarding of cargo abroad and from abroad and at transit
across the Republic of Belarus;
25.11.
[excluded]
25.2. at
conducting curency operations between banks;
25.3. at settlements carried out between the
currency-operation entities-residents under the commission contract according
to which the commissioner carries out export paid in foreign currency;
25.4. at settlements carried out between the
currency-operation entities-residents within the frameworks of the contracts on
paying off the debt for foreign credits received under the guarantee of the
Government of the Republic of Belarus;
25.5. while
conducting, between a bank and a currency-operation entity-resident, currency
operations:
being banking
operations;
connected
with performance, by the bank, of functions of the insurance agent of an
insurance organization -- resident;
with bonds
issued by residents, the nominal value of which is expressed in a foreign
currency;
25.6. at settlements with the participation of a
currency-operation entity-resident of free economic zone of the Republic of
Belarus (except for settlements on currency operations connected with extending
and obtaining loans);
25.7. at settlements for the legal aid rendered
abroad by the bar associations, as well as at compensating the expenses
connected with the aid and payment of money in foreign currency due to the
relevant currency-operation entities-residents and received at the accounts of
the mentioned bar associations;
25.71.
at receiving of foreign currency by a patent agent for payment of patent
duties;
25.8. [excluded]
25.9. at settlements carried out between the currency-operation
entity-resident and an insurance company on payment of the insurance deposits
and payment of insurance compensation under the insurance contracts as well as
settlements under re-insurance and co-insurance contracts;
25.91. at settlements carried out between the
currency operations entities - residents with insurance brokers while providing
by the letter insurance services, as well as at settlements carried out by the
insurance brokers and insurance organizations when they exercise agent functions
in insurance services;
25.10. at introducing by the debtor of the foreign
currency and securities in foreign currency due under the contract into the
depository of a notary or deposit of the court in cases established by
legislation as well as at paying the foreign currency and transfer of
securities in foreign currency for the mentioned depository to the creditor, if
the use of the foreign currency and the securities between those debtor and
creditor is provided by legislation;
25.11. at returning the foreign currency, securities
in foreign currency and/or payment documents in foreign currency:
in cases of
change or denunciation of contracts concluded in accordance with the
legislation of the Republic of Belarus;
sums paid
(transferred) by mistake or extra paid (transferred);
under the
deals being invalid in accordance with legislation;
25.12. at paying taxes, dues (duties) and obligatory
payments to the budget (republican or local), state purpose budget and
non-budget funds in case, if the possibility of their payment in foreign
currency is provided by legislative acts;
26.121. at carrying out payments between the Ministry
of Finance of the Republic of Belarus and the Social Security Fund of the
Ministry of Labor and Social Security of the Republic of Belarus;
25.13. at settlements carried out on the ground of
permits (licenses) of the National Bank;
25.14. in other cases provided by the acts of
currency legislation.
26. In cases when in the relations between the
currency-operation entities-residents it is allowed to use foreign currency and
securities in foreign currency, they can be used while paying the fines or
compensating the losses, if it is provided by the documents being grounds for
such settlements.
27. Unless otherwise established by the acts of
currency legislation, the kind of foreign currency for the settlements as well
as the kind of the foreign currency, in which the securities are expressed, are
determined under the agreement of the parties.
Chapter
6. Currency Operations with
Participation of Natural Persons
28. Use of Belarusian rubles at holding the currency
operations is allowed:
28.1. on the territory of the Republic of Belarus
in relations between a natural person-resident and natural
persons-non-resident, between natural persons-residents, between a
currency-operation entity and a natural person;
28.2. Abroad the Republic of Belarus in relations
between a natural person-resident and natural person-non-resident and between
the currency-operation entity and a natural person;
29. Use of foreign currency, securities and/or
payment documents in foreign currency at holding currency operations on the
territory of the Republic of Belarus is allowed:
29.1. in relations between natural
persons-residents – at holding currency operations established by the Law of
the Republic of Belarus “On Currency Regulations and Currency Control” as well
as other cases established by the acts of currency legislation;
29.2. in relations between a natural
person-resident and a natural person-non-resident, as well as between natural
persons-non-residents – under currency operations providing giving out as a
gift (including donations), abolishment of the gift, granting loans, return of
the loans and interests, transfer for storage and their return, as well as
other cases established by the acts of currency legislation.
29.3. in relations between a currency-operation
entity and a natural person – under the currency operations mentioned in clause
31 of the present Rules.
30. Use of foreign currency, securities and/or
payment documents in foreign currency abroad in relations between natural
persons-residents, between a natural person-resident and natural
person-non-resident, between natural persons-residents and currency-operation
entities and between natural persons-non-residents and currency-operation
entities is allowed while holding all currency operations.
31. Use of foreign currency, securities and/or
payment documents in foreign currency in relations between a currency-operation
entity and a natural person on the territory of the Republic of Belarus is
allowed in the following cases:
31.1. at performing settlements on the basis of a
permit of the National Bank for carrying out by the currency-operation entity
of the following in foreign currency:
retail trade
of goods and/or rendering services in automobile roads “M”, "M/E" and
at border crosspoints;
insurance
activity;
tourist
activity;
realization
of fuel, petroleum products and liquified gas;
31.2. at the retail trade on board of air planes of
Belarusian companies carrying out flights abroad or from abroad;
31.3. at taking the payment for linen, watching
films, use of mobile phone, extra hand luggage, fine for not having a ticket,
taking a price for the ticket and extra payment for the transfer to a better
place, for the service in restaurant wagons, retail trade by conductors in the
trains of the Belarusian Railroad going abroad or from abroad;
31.4. at carrying out between a currency-operation
entity and a natural person-resident of currency operations for granting loans,
return of loans and interest (except for currency operations performed between
a currency-operation entity -- resident and a natural person -- resident);
31.5. while
conducting, between a bank and a natural person, currency operations:
being banking
operations;
connected
with performance, by the bank, of functions of the insurance agent of an
insurance organization -- resident;
with bonds
issued by residents, the nominal value of which is expressed in a foreign
currency;
31.6. at holding currency operations between an
entity of currency operation-non-resident and a natural person-non-resident;
31.7. at settlements for the legal aid carried out
abroad by the bar associations to natural persons, as well as at compensation
of expenses connected with it and payment of the money in foreign currency due
to the natural persons and received at the account of the mentioned bar
associations;
31.8. at donating, giving out as a gift and
abolishment of the gift (except for currency operations performed between a
currency-operation entity -- resident and a natural person -- resident);
31.81.
at settlements between a currency-operation entity -- resident and a natural
person on state securities the nominal value of which is fixed in foreign
currency;
31.9. at sale to natural persons-non-residents of
the shares of legal persons-residents;
31.10. at introducing by a natural person of
contributions into the statutory funds of legal persons-residents (including
joint stock companies) as well as in case of the return of the mentioned assets
at withdrawing or expel of the natural person from participation;
31.11. at the return of the foreign currency,
securities in foreign currency in cases of change or denunciation of contracts
and that were paid by mistake or extra paid or were paid under the deals being
invalid in accordance with legislation;
31.12. at paying taxes, dues (duties) and obligatory
payments to the budget (republican or local), state purpose budget and
non-budget funds in case, if the possibility of their payment in the foreign
currency is provided by legislative acts;
31.13. at collecting by the Ministry of Foreign
Affairs of the Republic of Belarus of consular and other dues;
31.14. at reception by the currency-operation entity
of foreign currency as payment of consular and other dues for document’s
registration to diplomatic and other official missions of foreign states;
31.15. at reception of foreign currency by
diplomatic and other official missions of foreign states;
31.16. at bringing by a natural persons-debtor of
foreign currency and securities in foreign currency he owes into the depository
of a notary or court depository in cases, established by legislation, if the
use of foreign currency and securities in foreign currency in relations between
the natural person-debtor and his creditor is provided by legislation, as well
as their payment from the depository of the notary or court depository to the
person who shall receive the mentioned assets;
31.17. at transfer of property left after
satisfaction of the creditors’ claims form a liquidated legal person to natural
persons--non-residents (participants, founders) having property rights to this
property or obligation rights in relation of this legal person, unless
otherwise provided by legislation or statutory documents of the legal person;
31.18. at payment to natural persons and other
persons of money due to them that have been received from a non-resident under
the transactions of non-trade character;
31.19. at payment by currency-operation entities to
natural persons of money for payment of travel expenses of employees abroad as
well as expenses borne by them in foreign currency, if the possibility of such
payment in foreign currency is provided by legislation of the Republic of
Belarus;
31.20. at carrying out of currency operations of
non-trade character between currency-operation entities-non-residents and
natural persons-residents, between currency-operation entities-residents and
natural persons-non-residents;
31.21. in other cases on the ground of a permit of
the National Bank;
31.22. in other cases established by the acts of
currency legislation;
32. In cases provided by subclauses 31.1-31.22 of
clause 31 of the present Rules, the currency-operation entities have the right
to give a change for the sum not less than 10 times of the sum of the minimal
nominal banknote of the relevant foreign currency in Belarusian rubles under
the official rate of Belarusian ruble to foreign currencies established by the
National Bank on the day of the currency operation.
321. Unless otherwise is provided by the
international treaties of the Republic of Belarus, the fulfillment of money
obligatons under currency operations with participation of natural persons
mentioned in clauses 29-31 of the present Rules may be carried out in any
foreign currency the official rate of Belarusian ruble to it is established by
the National Bank.
Chapter
7. Transactions under the Bank Accounts
of Natural Persons in Foreign Currency
33. A natural person-resident opens in banks the
following accounts in foreign currency:
current
(settlement) accounts;
card-accounts;
deposit
accounts;
other
accounts established by legislation of the Republic of Belarus.
34. If legislation of the Republic of Belarus
does not provide otherwise, a natural persons-non-residents open accounts in
banks in foreign currency and Belarusian rubles and make transactions under
them in order established by natural persons-residents.
35. Under a current (settlement) account and
card-account, deposit account of a natural person in foreign currency the
following transactions can be carried out:
putting and
taking off the foreign currency from the account in order established by
legislation of the Republic of Belarus;
carrying out
transfers under the accounts in foreign currency;
transfers to
natural persons abroad and from abroad not connected with settlements under the
currency operations;
settlements
under currency operations of the natural person with the resident or
non-resident in cases, when acts of currency legislation allow using the
foreign currency between them.
351. [Excluded]
36. Foreign currency being on the accounts and
deposits of natural persons is returned when claimed within the rest of the
assets on the account in order provided by relevant contract with the bank or
on other grounds established by legislation.
Chapter
8. Opening the Accounts of Residents in
the Banks-Non-Residents
37. Natural persons-residents open accounts in
foreign currency and in Belarusian rubles in banks--non-residents (except of
accounts for credit operations acconting) on the ground of the permit of the
National Bank.
Natural
persons -- residents open accounts for credit operations acconting in foreign
currency and Belarusian rubles in banks -- non-residents without a permit of
the National Bank.
38. No permit of the National Bank is required
for opening the account in banks-non-residents by natural persons-residents for
the period of their residing (staying) abroad.
The period of
residing of a natural person abroad is a period of time in which the natural
person-resident lives (stays) abroad and has residence permit, visa, permission
for temporal stay in the country of other document confirming the fact of his
legal stay abroad.
When the
period of residence (stay) mentioned in the document permitting the stay, the
natural person shall close the account and transfer the rest of assets into the
Republic of Belarus or import all the currency valuables received abroad to the
Republic of Belarus observing the customs rules or shall receive a permit of
the National Bank for opening of the account in the bank-non-resident.
The natural
person-resident can leave the account in the bank-non-resident if he comes to
the Republic of Belarus during the period mentioned in the document permitting
the stay abroad, and then he returns to the country of his temporal residence
(stay).
39. currency-operation entities-residents (except
for the banks) may open accounts in foreign currency and in Belarusian rubles
in the banks-non-residents:
without
permit of the National Bank;
with
notification;
based on the
permit of the National Bank.
40. currency-operation entities-residents (except
for the banks) open in banks-non-residents without a permit of the National
Bank accounts to record their credit transactions and accounts of diplomatic,
other official missions of the Republic of Belarus and consular establishments
of the Republic of Belarus.
currency-operation
entities-residents (except for the banks and budget organizations) with a
notification open accounts of their representations in the banks of the EuroAsEC* member states
in the national currency of the member states on the territory of which the
account of representation is opened (hereinafter - account of the
representation). The procedure for
submitting the notification is established by the legal acts of the National
Bank.
_________________________
* An
international organization Eurasian Economic Community. Member-states: Republic of Belarus, Republic of Kazakhstan,
Kyrgyz Republic, the Russian Federation and Tadjikistan.
currency-operation
entities-residents (excluding banks) based on the permit of the National Bank
open in banks-non-resident other accounts except for the accounts opened
without a permit or with the notification.
401. currency-operation entities-residents (except
for banks and budget establishments) carry out the following transactions under
the acounts of their representations:
putting into
the account the money transfered from the account of currency operation
entity-resident opened in the Belarusian bank or from the account in the
bank-non-resident opened there based on the permit of the National Bank in
accordance with the expenses calculation for maintaining the representation;
transfer of
money from the account of the representation to hold maintenance transactions
and fulfilling the functions directly connected with its activity including
payment to the EuroAsEC member state, on the territory of which the
representation operates, of taxes, duties, dues and other obligatory payments
as well as for the services of the bank-non-resident where the account is
opened.
Account of
the representation may not be used to hold transactions connected with
business, investment activity as well as transactions on purchasing the rights
to real estate except for the rights arising from the lease contract for the
purposes of the representation.
Transactions
under the account of the representation not mentioned in the present clause are
prohibited.
In case the
account of the representation is closed the currency operations entity-resident
(except for the banks and budget establishments) shall within 5 banking days
from the day the account is closed to transfer the remains of the money to its
account in the bank.
41. The banks open accounts in foreign currency
and in Belarusian rubles in the banks-non-residents for maintaining the
representation, affiliation, resort or other health establishment or other
structural subdivision of the bank on the territory of a foreign state on the
grounds of the permit of the National Bank.
No permit of
the National Bank is required for opening by the banks in the
banks-non-residents of other accounts used in the bank practice (except for the
accounts for maintaining the representation, affiliation, resort or other
health establishment or other structural subdivision of the bank on the territory
of a foreign state).
411.
Natural persons -- residents and currency-operation entities -- residents carry
out operations on an account opened in a bank-- non-resident on the ground of
the National Bank in accordance with the account regime determined in the
permit of the National Bank.
The sum of
foreign currency on the account of a natural person -- resident and a currency-operation entity -- resident,
opened in a bank -- non-resident on the ground of a permit of the National Bank
is subject to transfer to the Republic of Belarus within the terms established
by the permit.
Chapter
9. Transactions under Accounts of
currency-operation entities-Non-Residents in Banks
42. a currency-operation entity-non-resident
(except for the bank-non-resident) has the right to open in the bank the
following accounts in foreign currency:
current
(settlement) account;
card-account;
deposit
account;
other
accounts established by legislation of the Republic of Belarus.
43. A current (settlement) account in foreign
currency is opened by the currency-operation entity-non-resident (except for
the bank-non-resident) directly or through his representation (affiliation).
44. Transactions under the current (settlement)
account in foreign currency is carried out without any limitations under the
kinds of transactions (including currency exchange connected with sale and
purchase of foreign currency in order established by the National Bank).
45. Transactions on the accounts in foreign
currency of the currency-operation entities-non-residents (except for the
banks-non-residents, diplomatic and other official missions, consular
establishments of foreign states and the missions of international
organizations) are held in cashless form except for putting (withdrawing) cash
foreign currency in the cases established by the Republic of Belarus.
46. Diplomatic and other official missions,
consular establishments of foreign states, as well as missions of international
organizations have the right to carry out transactions under their current
(settlement) accounts in foreign currency in cash and in cashless form.
47. Putting (withdrawing) cash foreign currency
on/from the current (settlement) account by the currency-operation
entity-non-resident is carried out in order established by the legislation of
the Republic of Belarus.
48. currency-operation entity-non-resident
(except for the bank-non-resident) opens the following accounts in the banks in
Belarusian rubles:
current
(settlement) account of type “T”;
account of
type "C";
deposit
account;
other
accounts established by legislation of the Republic of Belarus.
Banks open an
account of type "C" for a currency-operation entity--non-resident
independently having regard to the requirements of the legislation of the
Republic of Belarus and on the basis of local normative legal acts.
49. Current (settlement) account of type “T” is
opened by the entity-non-resident only on behalf of his representation
(affiliation).
50. Transactions under the current (settlement)
account of type “T” are carried out without limitations of kinds of
transactions (including currency exchange connected with the sale and purchase
of foreign currency in order established by the National Bank and also on
operations connected with the sale and purchase of securities).
51. Transactions on current (settlement) accounts
of type “T”, accounts of type "C" are held in cashless form except
for the cases mentioned in clause 52 of the present Rules.
511.
Investing of Belarusian rubles by currency-operation entities--non-residents in
securities issued by currency-operation entities--residents may be carried out
both from accounts of type "T" and from accounts of type
"C".
To the
account of type "C" of an entity of foreign
transactions--non-resident may be credited Belarusian rubles received:
on a foreign
exchange transaction in internal currency market;
as a result
of redemption (realization) of the securities;
in the form
of income on the securities;
from an
account of type "C" of this entity of foreign
transactions--non-resident;
as interest
paid by the bank for using temporarily idle monetary funds on accounts of type
"C";
in other
cases when a permission of the National Bank is available.
Belarusian
rubles from the account of type "C" of an entity of foreign
transactions--non-resident may be used for:
purchasing
the securities;
paying
expenses connected with conclusion and/or execution of deals with the
securities, including for paying remuneration of a professional participant of
the securities market and for paying remuneration to the bank for services and
for reimbursement of its expenses on maintaining the account;
paying for
services of the depositary;
remittance to an account of the entity of foreign
transactions--non-resident;
paying taxes
(dues, other mandatory payments) connected with purchase of alienation of the
securities and with receiving of income on them;
making
foreign exchange transactions in internal foreign currency market (only
subsequent to their investment in the securities and observance of time limit
of their (securities) being in the ownership of the non-resident where such time
limit is established by the legislation of the Republic of Belarus or by the
emitent);
performing
currency-exchange operation in the internal currency market;
52. Putting
(withdrawing) cash Belarusian rubles on (from) a current account of type
"T" of the entity of foreign transaction -- non-resident is carried
out in cases and order established by the legislation of the Republic of
Belarus.
Putting
(withdrawing) cash Belarusian rubles on (from) an account of type "C"
of the entity of foreign transactins -- non-resident is prohibited.
53. Banks-non-residents (except for their
representative offices) have the right to open in the banks the following
accounts in foreign currency and Belarusian rubles:
correspondent
accounts;
other
accounts established by legislation of the Republic of Belarus.
The representative offices of the banks--non-residents with the
location in the Republic of Belarus open accounts in Belarusian rubles and
foreign currency in the orders established for currency-operation entities --
non-residents.
54. Putting cash foreign
currency (cash Belarusian rubles) to the correspondent account in foreign
currency (Belarusian rubles) of the bank-non-resident and taking off the cash
foreign currency (Belarusian rubles) from the correspondent account of the
bank-non-resident requires the permit of the National Bank of the Republic of
Belarus.
55. Banks-non-residents have the
right to purchase foreign currency with the payment in Belarusian rubles from
their accounts in order established by the National Bank.
*unofficial translation*