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Federal law № 90 “On Amendments to Certain Acts of Law of the Russian Federation”, adopted on July 18, 2005, came into force on July 31, 2005, and introduced changes to the rules on conveyance by physical persons of foreign currency, the currency of the Russian Federation (rubles) and securities across the customs border of the Russian Federation.
The law has set the requirement for written declaration of foreign currency in cash, the currency of the Russian Federation, traveler’s cheques and internal and foreign certified securities imported by physical persons, providing their total equivalent value is not in excess of $10 000. At the same time, there are no any quantitative restrictions on importation of these valuables by physical persons. In fact, the requirement for this declaration is stipulated by the importance of maintaining statistical records and by control over the conveyance of large sums of cash assets and securities.
A quantitative restriction was imposed on the exportation of rubles equivalent to $10 000 (including the sum of exported foreign currency). Previously, unlike foreign currency, rubles were not subject to this restriction. Accordingly, the exportation of cash assets (both foreign currency and rubles) amounting to a total of $10 000 is not allowed. Exceptions are previously imported amounts of foreign currency and rubles, which may be exported in excess of $10 000 if their previous importation is acknowledged by relevant customs declarations.
At the same time, a requirement was set for declaring rubles in a written customs declaration at the time of their exportation if the amount exceeds $3 000 (including the amount of exported foreign currency).
Exported cash assets (foreign currency and rubles), not exceeding the total amount of $3000, are not subject to written declaration by physical persons.
As a separate provision, the law stipulates that the export/import procedure be followed by physical persons in respect of traveler’s cheques. The reason for this modification is that the Currency Law of the Russian Federation has adjusted only the procedure of conveyance of securities, while traveler’s cheques cannot be qualified as securities due to the absence of all essentials inherent to securities. Currently, traveler’s cheques imported into the Russian Federation are subject to a mandatory written declaration if their total amount (including a lump-sum of foreign currency, the currency of the Russian Federation, domestic and foreign certified securities) exceeds $10 000. Traveler’s cheques exported from the Russian Federation are subject to written declaration by physical persons if their total value exceeds $10 000 (not including the value of other exported valuables). In any other cases, exported traveler’s cheques must be voluntarily declared in writing by physical persons.
In the event that the prescribed allowances for the export of currency, rubles and securities as well as traveler’s cheques are exceeded, providing they were exported without non-disclosure from customs control and in observance of the requirement for a written declaration, physical persons are given the opportunity by the customs authority of bonded warehousing of these valuables by way of execution of the TC-21 form, in the event of impracticability of the immediate return of these valuables to the territory of the Russian Federation. The period of temporary storage is restricted to a period of two months with the option of a 4-month extension, provided it is based on a well-reasoned request, submitted by a physical person. Upon presentation of the TC-21 form, checked-in valuables will be released from the bonded warehousing either to the person who had deposited them or to his representative.
The Letter of Instructions “On Procedure of Conveyance of Currency and Securities”, № 01-06/25300, issued by the FCS of Russia on July 26, 2005
Pursuant to the adoption of the Federal law “On Amendments to Certain Acts of Law of the Russian Federation”, № 90-Ф3, dated July 18, 2005 (published in the newspaper “Rossiyskaya Gazeta”, № 156), regarding customs control and customs clearance procedures carried out in respect of foreign currency cash assets, the currency of the Russian Federation, traveler’s cheques and foreign and domestic certified securities conveyed by physical persons, I hereby prescribe, as of July 31, 2005, the following provisions of the aforementioned law:
1. In case of non-recurring importation into the Russian Federation by physical persons – both residents and non-residents (hereinafter, physical persons) - of foreign currency cash assets and/or the currency of the Russian Federation as well as of traveler’s cheques, foreign or domestic certified securities, said persons shall be subject to declaration to the customs authority by means of filing a customs declaration for the overall amount of imported foreign currency and/or currency of the Russian Federation as well as of traveler’s cheques, domestic or foreign certified currency.
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2. Physical persons shall be entitled to export from the Russian Federation foreign currency cash assets and/or the currency of the Russian Federation equivalent to $10 000 or an amount not in excess of the above sum. Wherein, the above procedure does not require submission to a customs authority of documents in witness of the fact that exported foreign currency and/or the currency of the Russian Federation had been previously imported, remitted to or acquired in the Russian Federation.
3. In the time of non-recurring export from the Russian Federation by physical persons of foreign currency cash assets and/or the currency of the Russian Federation equivalent to $3 000 or an amount not exceeding the above sum, the exported foreign currency cash assets and/or currency of the Russian Federation shall not be subject to declaration to the customs authority by way of filing a written customs declaration.
4. In case of non-recurring export from the Russian Federation by physical persons of foreign currency cash assets and/or the currency of the Russian Federation exceeding the sum of $3 000, the exported foreign currency cash assets and/or currency of the Russian Federation shall be subject to declaration to the customs authority by way of filing a customs declaration for the overall amount of exported foreign currency cash assets and/or currency of the Russian Federation.
5. A non-recurring exportation from the Russian Federation by physical persons of foreign currency cash assets and/or the currency of the Russian Federation equivalent to $10 000 shall not be allowed, except, as otherwise provided herein, for the export of foreign currency cash assets and/or currency of the Russian Federation previously imported or remitted to the Russian Federation within the restrictions specified in a customs declaration or other document witnessing this importation or remittance into the Russian Federation. It must be noted that the transfer of foreign currency and/or currency of the Russian Federation does not give occasion to its subsequent exportation from the territory of the Russian Federation in excess of the amounts established in Part 4, page 15 of the Federal law “On Currency Regulations and Сurrency Сontrol”, № 173, dated 10.12.2003 (in the version of Federal laws № 58, dated 10.12.2003 and № 90, dated 18.07.2005) (hereinafter, Federal law).
6. Mandatory declaration to a customs authority of traveler’s cheques exported by physical persons from the Russian Federation by way of filing a written customs declaration shall be performed in the event of their non-recurring exportation from the Russian Federation in the equivalent amount of $10 000. In other events, a written declaration of traveler’s cheques exported from the Russian Federation shall be made voluntarily by a physical person.
7. Conversion of foreign currency, the currency of the Russian Federation, traveler’s cheques, foreign and domestic certified securities conveyed across the customs border of the Russian Federation into US dollars shall be accomplished in accordance with the official rate established by the Central Bank of the Russian Federation on the date of declaration to a customs authority. For the purpose of declaration to a customs authority of foreign or domestic certified securities in accordance with Part 5, page 15 of the Federal law, the following shall be deemed acceptable:
1) issued securities – par value of securities;
2) for other securities, giving the right to receive the currency of the Russian Federation or foreign currency – a corresponding amount of the currency of the Russian Federation or foreign currency to be received by the authority of a specified security.
I hereby prescribe the timely circulation among physical persons crossing the customs border of the Russian Federation of the information on the amendments introduced into the regulations in respect of conveyance of foreign currency cash assets, the currency of the Russian Federation, traveler’s cheques as well as foreign and domestic certified securities.
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