Federal Law "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign

02.08.2021

currency values- these are some foreign exchange assets, which include:

securities denominated in foreign currencies. These are shares, bonds, letters of credit, checks, bills of exchange, and other debt obligations that are denominated in foreign currency;

foreign currency; in Russia, for example, dollar, euro.

precious stones in raw and processed form (emeralds, diamonds, alexandrites, rubies, pearls, sapphires);

precious metals (gold, silver, platinum);

platinum group metals (palladium, iridium, ruthenium, rhodium, osmium), except for jewelry and household products from the listed metals, their scrap, stones.

In relation to currency values, the state usually establishes a limited treatment regime.

Currency values and accounting and

For income tax and accounting the term "currency values" is important in that they provide for the recalculation of the value, in connection with a change in the exchange rate of a foreign currency, resulting in the formation of positive or negative exchange differences.

In accounting, positive exchange differences are recorded on account 91 "Other income and expenses", sub-account "Other income", negative exchange differences are recorded on account 91 "Other income and expenses", sub-account "Other expenses".

In tax accounting, positive exchange differences are recorded as non-operating income, and negative exchange differences are recorded as non-operating expenses.

Current legislation and currency values

In the Russian Federation, the concept of currency values is a norm that appears in several legal acts.

The main of these acts are as follows:

Civil Code of the Russian Federation. Art. 141 of the Civil Code of the Russian Federation generally establishes such a concept of currency values - this is a type of property. And for clarification of what needs to be understood by this type of property, the Civil Code refers to the regulatory legal acts on state regulation of transactions with currency.

What is included in the concept of “currency values” is formulated in the Law of December 10, 2003 No. 173-FZ “On currency regulation and currency control”. Subparagraph 5 of paragraph 1 of Article 1 defines the categories of currency values in this way - these are foreign currency and securities of external (non-Russian) issuers.

Thus, according to the current law on currency regulation and control dated December 10, 2013 No. 173-FZ, 2 types of valuables are classified as currency values: external securities and foreign currency.

At the same time, we note that the entire paragraph 1 of Article 1 of Law No. 173-FZ is a listing of objects accepted as international means of payment, transactions with which are regulated in the Russian Federation at the state level.

Thus, we can say that the concept of currency values is a broader category than just foreign currency and securities.

Currency values: concept and composition

The first article of the law on currency regulation and control provides a conceptual apparatus that is used in the law.

According to these provisions, the Russian "currency" consists of:

cash banknotes (coins, banknotes) of the Bank of Russia;

non-cash funds in bank accounts and deposits.

Foreign "currency" includes:

cash banknotes(coins, treasury notes, bank notes) of foreign countries;

non-cash funds in bank accounts and deposits, denominated in monetary units foreign countries, as well as international settlement or monetary units.

It should be noted that earlier currency values included not only securities and currency, but also precious metals and stones.

However, at present, according to the Law on Currency Regulation and Control, for example, gold, diamonds, silver, etc. do not belong to currency values.

Accordingly, they are removed from the sphere of currency regulation.

However, their circulation is regulated by special legislation. The main thing for them is the law on precious metals and stones dated 03.26.98 No. 41-FZ.

The current legislation classifies only foreign currency and external securities as currency values.

What values are regulated by the law on currency regulation and control

According to paragraph 1 of Art. 1 of Law No. 173-FZ, the objects, transactions with which are subject to state regulation in foreign trade relations, are:

Money in the form of banknotes, treasury notes and coins. Moreover, issued both by other states and the Russian Federation.

Note that if banknotes are obsolete or damaged, but can be exchanged for those in circulation, it should be considered that such banknotes that are not suitable for direct payments are also currency values.

Cashless cash. Moreover, both in foreign currency and in Russian rubles.

Securities in documentary and non-documentary form, the face value of which is expressed both in foreign currency and in Russian rubles.

Thus, if we apply in practice the laws of the Russian Federation regulating the circulation of foreign exchange objects, then we must take into account all those presented in Art. 1 of Law No. 173-FZ and the above categories. That is, all these are currency values.

Material currency values

In order to regulate the circulation of currency objects, some of them are additionally classified and separated into an independent group - these are currency values that have a material form.

These are banknotes and documentary securities. Such objects are called material currency values.

Securities and currency values

Note that the concept valuable papers defined in Article 142 of the Civil Code of the Russian Federation.

According to its provisions, they include bonds, bills of exchange, shares, investment shares, mortgages, bills of lading, checks, and other securities.

For the purposes of currency regulation, securities are divided into internal securities and external securities.

The concept of external securities is defined by the legislation as securities that are not related to internal securities.

At the same time, special emphasis is placed on the fact that so-called non-documentary securities are also included here (this is the name of securities in the form of an entry on an account that do not have a classical paper form).

According to the provisions of the law on currency regulation and control, domestic securities include:

issuance securities placed in Russian currency, the issue of which is registered in Russia;

other securities placed in Russia and granting the right to receive Russian currency.

Foreign exchange transactions with domestic securities fall within the scope of regulation of the law on foreign exchange regulation and control when a non-resident participates in their commission.

And such operations performed between residents are not subject to the rules of currency regulation.

As for currency values, the law establishes the rules:

import of currency values into the territory of the Russian Federation and export of currency values from the territory of the Russian Federation;

transfer from account to account, as well as without opening accounts;

purchase and sale of foreign currency and checks in foreign currency.

At the same time, some operations may be limited or completely prohibited.

Thus, today the amounts of transfers in foreign currency between individuals who are residents are limited to accounts in foreign banks; transactions with currency values between residents are prohibited, with some exceptions.

Results

Russian legal acts formulate such a definition of currency values as foreign currency and securities.

However, taking into account the provisions of the Civil Code of the Russian Federation and practical use state regulation currency transactions in the Russian Federation, all that is listed in paragraph 1 of Art. 1 FZ No. 173-FZ.

Still have questions about accounting and taxes? Ask them on the accounting forum.

Currency values: details for an accountant

Legal Status of Cryptocurrency
The benefit of a resident of currency values on legal grounds, as well as the use of currency values as ... legal grounds, as well as the use of currency values, the currency of the Russian Federation and domestic securities ... alienation by a non-resident in favor of a non-resident of currency values, the currency of the Russian Federation and domestic valuables .or the sale of cryptocurrencies using currency values (foreign currency and external valuable ... in a way, virtual currency is not a currency value (foreign currency and external valuable ...
Important legal positions of the Constitutional Court and the Supreme Court on taxation issues for the 4th quarter of 2017
Metal account, do not relate to currency values, therefore, during their revaluation, it is not ... and currency control ”, according to which foreign currency and external ... accounting are recognized as currency values, revaluation is carried out in relation to currency values \u200b\u200band claims (obligations), the value of which ... a metal account, do not relate to currency values and are not a requirement (obligation ...
Practice of the Supreme Court of the Russian Federation on tax disputes for November 2017
Accounting revaluation is carried out in relation to currency values and claims (obligations), the value of which ... currency regulation and currency control "foreign currency and external ... metal account are recognized as currency values, do not relate to currency values \u200b\u200band are not a requirement (obligation.. .

ADMINISTRATION OF BLAGOVESCHENSKY RURAL SETTLEMENT

BOLSHESELSKY MR YAROSLAV REGION

RESOLUTION
dated 20.01.2015 No. 4
d. Borisovskoe

"About the ban certain categories open faces
and have accounts (deposits), keep cash
means and values in foreign banks,
located outside the territory
Russian Federation to own and/or use
foreign financial instruments».

In accordance with Federal Law No. 79-FZ of 07.05.2013 “On the prohibition of certain categories of persons to open or have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments."

RESOLVE:
. 1. Approve the Regulation "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments" (Appendix).
2. The decision to place on the website of the Administration of Blagoveshchensk rural settlement.
3. The resolution comes into force from the moment of its signing.

Head of Administration
Blagoveshchensk rural settlement A.V. Berezin

Application
to the decision of the Administration
Blagoveshchensk rural settlement
No. 4 dated 01/20/2015

Regulation on the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments

1. In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and improve the effectiveness of combating corruption, this provision establishes a ban on persons making decisions on duty that affect issues of sovereignty and national security of the Russian Federation to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition are determined and penalties for its violation.

2. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:
persons replacing (occupying):
positions of the head of the Blagoveshchensk rural settlement;
spouses and minor children, persons holding a municipal position of administration of the Blagoveshchensk rural settlement.

3. The persons specified in clause 2 of this provision are obliged, within three months from the date of entry into force of this provision, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) carry out the alienation of foreign financial instruments. In case of failure to fulfill such an obligation, the persons specified in paragraph 2 of this provision are obliged to terminate their powers ahead of schedule, vacate the occupied (occupied) position or resign.
In the event that the persons specified in paragraph 2 of this provision cannot fulfill the requirements provided for in paragraph 1 in connection with the arrest, prohibition of the order, imposed before the day this provision enters into force by the competent authorities of a foreign state in accordance with the legislation of this foreign state, on the territory of which accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the arrest, prohibition of the order specified in this part.
Trust management property that provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this provision, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) use foreign financial instruments shall be terminated within three months from the date of entry into force of this provision.
4. The persons specified in Article 2 of this provision, when presented in accordance with federal constitutional laws, Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption" (hereinafter referred to as the Federal Law "On Combating Corruption"), others federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and obligations of a property nature indicate information about the property belonging to them, their spouses and minor children real estate located outside the territory of the Russian Federation, on the sources of funds from which the said property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
Citizens applying for filling (occupation) of the positions specified in clause 2 of this provision, when submitting information in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, property and liabilities of a property nature, in addition to the information provided for in paragraph 4, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, and also information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.
A citizen, his wife (husband) and minor children are obliged, within three months from the day the citizen fills (occupies) the position specified in clause 2 of this provision, to close accounts (deposits), stop storing cash and valuables in foreign banks located outside outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.
5. The basis for making a decision to carry out a compliance check by a person who, in accordance with this provision, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.
The information specified in paragraph 1 may be submitted in writing in the prescribed manner:
1) law enforcement, other state bodies, central bank Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of units for the prevention of corruption and other offenses and officials of state bodies, local governments, Central Bank the Russian Federation, as well as foreign banks and international organizations;
2) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;
3) the Public Chamber of the Russian Federation;
4) all-Russian mass media.
5) Anonymous information cannot serve as a basis for making a decision to carry out an audit.

6. The decision to conduct an audit is made by an official authorized to make a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The decision to conduct an audit is made in the manner prescribed for making a decision to audit a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
The verification is carried out in the manner and within the time limits that are provided for the verification of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
7. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.
When carrying out an inspection, the bodies, divisions and officials referred to in paragraph 1 shall have the right to:
1) conduct, on their own initiative, a conversation with the person specified in paragraph 2 of this provision;
2) study additional materials received from the person specified in paragraph 2 of this provision, or from other persons;
3) receive from the person specified in paragraph 2 of this provision, explanations on the information and materials submitted by him;
4) send in the prescribed manner inquiries to the bodies of the Prosecutor's Office of the Russian Federation, other federal state bodies, state bodies of the subjects of the Russian Federation, territorial bodies federal bodies executive power, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about the information they have about the presence of persons who, in accordance with this provision, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. Powers of the bodies, divisions and officials specified in paragraph 1
5) make inquiries individuals and receive from them, with their consent, information on verification issues.
3. The heads of organizations located on the territory of Blagoveshchenskoye Rural, who received the request provided for in paragraph 4, are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.

8. The person specified in paragraph 2 of this provision, in connection with the verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, the right to own and (or) use foreign financial instruments:
1) give explanations, including in writing, on issues related to the audit;
2) submit additional materials and give explanations on them in writing;
3) apply with a petition to the body, unit or official specified in part 1 of paragraph 7 of this provision, to conduct a conversation with him on issues related to the implementation of the audit. The request is subject to obligatory satisfaction.

9. The person specified in paragraph 2 of this provision, for the period of verification of compliance with him, his spouse (husband) and (or) minor children, the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside outside the territory of the Russian Federation, to own and (or) use foreign financial instruments may be removed from the substituted (occupied) position in accordance with the established procedure for a period not exceeding sixty days from the date of the decision to conduct an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of removal from the replaced (occupied) position allowance for the replaced (occupied) position is retained.
10 Non-compliance by the person specified in paragraph 2 of this provision, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) to use foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.

Document's name:
Document Number:	79-FZ
Type of document:	the federal law
Host body:	The State Duma
Status:	current
Published:
Acceptance date:	07 May 2013
Effective start date:	May 19, 2013
Revision date:	01 May 2019

On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use ... (Articles 1 - 10)

RUSSIAN FEDERATION

THE FEDERAL LAW

On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, December 23, 2014, N 0001201412230012) (entered into force on January 1, 2015);
(Official Internet portal of legal information www.pravo.gov.ru, 04.11.2015, N 0001201511040010);
(Official Internet portal of legal information www.pravo.gov.ru, November 28, 2015, N 0001201511280028);
(Official Internet portal of legal information www.pravo.gov.ru, December 29, 2016, N 0001201612290093);
(Official Internet portal of legal information www.pravo.gov.ru, 02/06/2019, N 0001201902060015);
(Official Internet portal of legal information www.pravo.gov.ru, 05/01/2019, N 0001201905010013).
____________________________________________________________________

Article 1

1. In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and improve the effectiveness of combating corruption, this Federal Law establishes a ban on persons making decisions on duty that affect issues of sovereignty and national security of the Russian Federation, and (or ) participating in the preparation of such decisions, open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons are determined in respect of which this prohibition, the procedure for verifying compliance by the said persons with this prohibition and the measures of responsibility for its violation.

2. For the purposes of this Federal Law, foreign financial instruments mean:

1) securities and related financial instruments of non-residents and (or) foreign structures without education legal entity, which, in accordance with international standard"Securities - International system identification of securities (International Securities Identification Codes (ISIN)", approved international organization according to standardization, the international identification code of the security was assigned. In this Federal Law, the concept "foreign structure without forming a legal entity" is used in the meaning defined by the legislation of the Russian Federation on taxes and fees, the concept "non-resident" in the meaning defined by clause 7 of part 1 of Article 1 of the Federal Law of December 10, 2003 N 173- Federal Law "On currency regulation and currency control";

2) participation shares, shares in the authorized (share) capitals of organizations, the place of registration or location of which is a foreign state, as well as in the property of foreign structures without forming a legal entity, not defined in accordance with clause 1 of this part as securities and classified to them financial instruments;

3) agreements that are derivative financial instruments and are defined by part twenty-ninth article 2 of Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market", if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without formation of a legal entity;

4) a trust management of property established in accordance with the legislation of a foreign state, the founder and (or) beneficiary of which is the person specified in Part 1 of Article 2 of this Federal Law;

5) loan agreements, if at least one of the parties to such an agreement is a non-resident and (or) a foreign structure without forming a legal entity;

6) loan agreements concluded with foreign banks or other foreign credit institutions located outside the territory of the Russian Federation.

3. In this Federal Law, the prohibition to own and use foreign financial instruments means the prohibition on direct and indirect (through third parties) possession and (or) use of such financial instruments.
(Article as amended, entered into force on June 28, 2017 by the Federal Law of December 28, 2016 N 505-FZ.

Article 2

1. It is prohibited to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments:

1) persons replacing (occupying):

a) public positions of the Russian Federation;

b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;

c) positions of members of the Board of Directors of the Central Bank of the Russian Federation;

d) public positions of subjects of the Russian Federation;

e) federal positions public service appointment to and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;

f) positions of deputy heads of federal executive bodies;

g) positions in state corporations (companies), foundations and other organizations created by the Russian Federation on the basis of federal laws, the appointment and dismissal of which are carried out by the President of the Russian Federation or the Government of the Russian Federation;

h) positions of heads of urban districts, heads of municipal districts, heads of other municipalities, exercising the powers of heads of local administrations, heads of local administrations;
(Subparagraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.

i) positions of the federal civil service, positions of the state civil service of the constituent entities of the Russian Federation, positions in the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations created by the Russian Federation on the basis of federal laws, certain positions on the basis of employment contract in organizations created to fulfill the tasks assigned to federal state bodies, the exercise of powers for which provides for participation in the preparation of decisions affecting issues of sovereignty and national security of the Russian Federation, and which are included in the lists established by the regulatory legal acts of federal state bodies, constituent entities of the Russian Federation Federation, regulations of the Central Bank of the Russian Federation, state corporations (companies), funds and other organizations established by the Russian Federation on the basis of federal laws;
(The subparagraph is additionally included from January 1, 2015 by the Federal Law of December 22, 2014 N 431-FZ)

1.1) deputies of representative bodies of municipal districts and urban districts exercising their powers on a permanent basis, deputies holding positions in representative bodies of municipal districts and urban districts;
(The paragraph is additionally included from November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ)

2) spouses and minor children of the persons specified in subparagraphs "a" - "h" of paragraph 1 and paragraph 1_1 of this part;
(Clause as amended by Federal Law No. 431-FZ of December 22, 2014; as amended by Federal Law No. 303-FZ of November 3, 2015.

3) to other persons in cases stipulated by federal laws.

2. The federal laws referred to in Clause 3 of Part 1 of this Article may provide for periods within which accounts (deposits) must be closed, storage of cash and valuables in foreign banks located outside the territory of the Russian Federation must be terminated, and (or ) the alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting the relevant checks, as well as legal consequences failure to comply with the prohibition established by this Federal Law.

3. The prohibition established by this article to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to the persons specified in clause 1 of part 1 of this article who replace (hold) public positions of the Russian Federation, positions of federal state service in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive bodies, positions in representative offices of state corporations (companies) and organizations established to ensure the activities of federal state bodies, as well as for spouses (spouses) and minor children of these persons.
Federal Law of December 22, 2014 N 431-FZ.

Article 3

1. The persons specified in Clauses 1 and 2 of Part 1 of Article 2 of this Federal Law shall, within three months from the date of entry into force of this Federal Law, close accounts (deposits), stop keeping cash and valuables in foreign banks located outside outside the territory of the Russian Federation, and (or) alienate foreign financial instruments. In the event of failure to fulfill such obligation, the persons specified in Clause 1 of Part 1 of Article 2 of this Federal Law are required to prematurely terminate their powers, vacate their (occupied) position or resign.

2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for in Part 1 of this Article and Part 3 of Article 4 of this Federal Law, in connection with the arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of the given foreign state on the territory of which the accounts (deposits) are located, cash and valuables are kept in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances beyond the control of the persons specified in part 1 of Article 2 of this Federal Law, such requirements must be met within three months from the date of termination of the arrest, prohibition of the order specified in this part, or termination of other circumstances.
(Part as amended, entered into force on January 1, 2015 by Federal Law of December 22, 2014 N 431-FZ Federal Law of November 28, 2015 N 354-FZ.

2_1. Each case of non-compliance with the requirements provided for by Part 1 of this Article and (or) Part 3 of Article 4 of this Federal Law is subject to consideration in the prescribed manner at a meeting of the relevant commission for compliance with the requirements for official conduct and settlement of conflicts of interest (commission for monitoring the reliability of information about income , on property and obligations of a property nature).
(The part is additionally included from December 9, 2015 by the Federal Law of November 28, 2015 N 354-FZ)

3. Trust management of property, which provides for investment in foreign financial instruments and the founder of management in which is a person who, in accordance with this Federal Law, is prohibited from opening and holding accounts (deposits), keeping cash and valuables in foreign banks located outside territory of the Russian Federation, own and (or) use foreign financial instruments, is subject to termination within three months from the date of entry into force of this Federal Law.

4. If, as a result of acceptance of an inheritance in accordance with the legislation of the Russian Federation or the legislation of a foreign state, by the persons specified in Part 1 of Article 2 of this Federal Law, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, in direct and indirect (through third parties) possession and (or) use of foreign financial instruments, as well as the acquisition of the status of the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust) established in accordance with the legislation of a foreign state are obliged, within six months from the date of acceptance of the inheritance or transfer of foreign financial instruments to the founder and (or) beneficiary of the trust management of hereditary property (inheritance fund, trust), close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate received foreign financial instruments, terminate possession and (or) use of foreign financial instruments in any other way.
(The part is additionally included by the Federal Law of May 1, 2019 N 73-FZ)

Article 4

1. The persons specified in paragraphs 1, 1_1 of part 1 of article 2 of this Federal Law, when presented in accordance with federal constitutional laws, Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption" (hereinafter - the Federal Law "On combating corruption"), other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and obligations of a property nature indicate information about the real estate owned by them, their spouses and minor children located outside the territory of the Russian Federation , on the sources of receipt of funds at the expense of which the said property was acquired, on their obligations of a property nature outside the territory of the Russian Federation, as well as information on such obligations of their spouses (spouses) and minor children.
(Part as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.

2. Citizens applying for filling (occupation) of the positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when submitting information in accordance with federal constitutional laws, other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation on income, property and liabilities of a property nature, in addition to the information provided for in paragraph 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments , as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.

3. The persons specified in Part 1 of Article 2 of this Federal Law are obliged, within three months from the day a citizen fills (occupies) the position specified in Clause 1 of Part 1 of Article 2 of this Federal Law, to close accounts (deposits), stop storing cash funds and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments, as well as terminate the trust management of property, which provides for investment in foreign financial instruments and the founders of the management in which these persons are.
(Part as amended by Federal Law No. 431-FZ of December 22, 2014; as amended by Federal Law No. 354-FZ of November 28, 2015.

Article 5

1. The basis for the decision to carry out a compliance check by a person who, in accordance with this Federal Law, is prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) to use foreign financial instruments, this prohibition (hereinafter referred to as verification) is sufficient information that the specified person does not comply with this prohibition.

2. The information specified in paragraph 1 of this article may be submitted in writing in the prescribed manner:

1) law enforcement, other state bodies, the Central Bank of the Russian Federation, credit institutions, other Russian organizations, local governments, employees (employees) of departments for the prevention of corruption and other offenses and officials of state bodies, local governments, the Central Bank of the Russian Federation, as well as foreign banks and international organizations;

2) permanent governing bodies of political parties and other all-Russian public associations registered in accordance with the law that are not political parties;

3) the Public Chamber of the Russian Federation;

4) all-Russian mass media.

3. Anonymous information cannot serve as a basis for making a decision to carry out an audit.

Article 6

1. The decision to conduct an audit is made by an official authorized to make a decision to audit a person’s compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption"

2. The decision to carry out an audit is made in the manner prescribed for making a decision to carry out an audit of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.

3. The verification is carried out in the manner and within the time limits that are provided for the verification of a person's compliance with the prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.

Article 7

1. Verification is carried out by bodies, divisions and officials authorized to verify compliance by a person with prohibitions and restrictions established by federal constitutional laws, the Federal Law "On Combating Corruption", and other federal laws.

2. When carrying out an inspection, the bodies, divisions and officials specified in Part 1 of this Article shall have the right to:

1) conduct, on their own initiative, a conversation with the person specified in paragraphs 1, 1_1 of part 1 of Article 2 of this Federal Law;
Federal Law of November 3, 2015 N 303-FZ.

2) study additional materials received from the person specified in clauses 1, 1_1 of part 1 of Article 2 of this Federal Law, or from other persons;
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.

3) receive from the person specified in paragraphs 1, 1_1 of part 1 of Article 2 of this Federal Law, explanations on the information and materials submitted by him;
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.

4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations about the information they have about the presence of who, in accordance with this Federal Law, are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in this paragraph, are determined by the President of the Russian Federation;
(Paragraph as amended, entered into force on August 6, 2019 by Federal Law No. 5-FZ of February 6, 2019.

5) make inquiries from individuals and receive from them, with their consent, information on verification issues.

3. The heads of bodies and organizations located on the territory of the Russian Federation who have received a request provided for in paragraph 4 of part 2 of this article are obliged to organize its execution in accordance with federal laws and other regulatory legal acts of the Russian Federation and provide the requested information in the prescribed manner.

4. Requests to foreign banks and other foreign organizations, as well as to authorized bodies of foreign states, with the exception of requests in connection with the conduct of inspections in accordance with, are sent by the prosecution authorities of the Russian Federation on the grounds and in the manner established by the Prosecutor General of the Russian Federation.
Federal Law No. 5-FZ of February 6, 2019)

5. When conducting inspections in accordance with paragraph 3 of part 1 of article 13_4 of the Federal Law "On Combating Corruption", the execution of requests sent to the Prosecutor General of the Russian Federation is carried out within the time limits established in such requests.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)

6. The Prosecutor General's Office of the Russian Federation, if necessary, has the right to send a request to the Central Bank of the Russian Federation, which applies to the central bank and (or) other supervisory authority of a foreign state, whose functions include banking supervision, or to a foreign regulator financial market with a request to provide information they have about whether persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or ) use foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)

7. The procedure and conditions for interaction between the Prosecutor General's Office of the Russian Federation and the Central Bank of the Russian Federation are determined by agreement.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)

8. The Prosecutor General's Office of the Russian Federation provides information received from the Central Bank of the Russian Federation to the bodies, divisions and officials specified in Part 1 of this Article.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)

9. Bodies, divisions and officials referred to in Part 1 of this article shall not be entitled to disclose to third parties information about the presence of persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, for except as otherwise provided by federal law.
(The part is additionally included from August 6, 2019 by the Federal Law of February 6, 2019 N 5-FZ)

Article 8

The person specified in clauses 1, 1_1 of part 1 of Article 2 of this Federal Law, in connection with the verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, the right to own and (or) use foreign financial instruments:
(Paragraph as amended, entered into force on November 4, 2015 by the Federal Law of November 3, 2015 N 303-FZ.

1) give explanations, including in writing, on issues related to the audit;

2) submit additional materials and give explanations on them in writing;

3) file a petition with the body, subdivision or official specified in Part 1 of Article 7 of this Federal Law for a conversation with him on issues related to the implementation of the audit. The request is subject to obligatory satisfaction.

Article 9

The person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, for the period of verification of compliance by him, his spouse (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments may be removed from the substituted (occupied) position in accordance with the established procedure for a period not exceeding sixty days from the date of the decision to conduct an audit. The specified period may be extended up to ninety days by the person who made the decision to carry out the inspection. For the period of removal from the substituted (occupied) position, the monetary allowance for the substituted (occupied) position shall be retained.

Article 10

Non-compliance by the person specified in Clause 1 of Part 1 of Article 2 of this Federal Law, his wife (husband) and (or) minor children with the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation Federation, to own and (or) use foreign financial instruments entails early termination of powers, dismissal from a substituted (occupied) position or dismissal due to loss of confidence in accordance with federal constitutional laws and federal laws that determine the legal status of the person concerned.

The president
Russian Federation
V.Putin

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments (as amended as of May 1, 2019) (edition effective from August 6, 2019)

Document's name:	On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments (as amended as of May 1, 2019) (edition effective from August 6, 2019)
Document Number:	79-FZ
Type of document:	the federal law
Host body:	The State Duma
Status:	current
Published:	Official Internet portal of legal information www.pravo.gov.ru, 08.05.2013 Russian newspaper, N 100, 05/14/2013 Collection of Legislation of the Russian Federation, N 19, 05/13/2013, art. 2306
Acceptance date:	07 May 2013
Effective start date:	May 19, 2013
Revision date:	01 May 2019

Federal Law No. 79-FZ of May 7, 2013 (as amended on May 1, 2019) "On the Prohibition of Certain Categories of Persons from Opening and Maintaining Accounts (Deposits), Keeping Cash and Valuables in Foreign Banks Located Outside the Territory of the Russian Federation, Owning and (or) use foreign financial instruments" (as amended and supplemented, effective from 08/06/2019)

State Duma

Federation Council

Judicial practice and legislation - 79-FZ On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments

Statement by a civil servant on the impossibility to comply with the requirements of the Federal Law of May 7, 2013 N 79-FZ "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments"<4>(hereinafter - the Federal Law "On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments") in connection with arrest, prohibition of disposal imposed by the competent authorities of a foreign state in accordance with the legislation of the foreign state in whose territory accounts (deposits) are located, cash and valuables are stored in a foreign bank and (or) there are foreign financial instruments, or in connection with other circumstances that do not depend on his will or the will of his wife (spouse) and minor children;

Russian Federation the federal law

On the prohibition of certain categories of persons to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments

In order to ensure the national security of the Russian Federation, streamline lobbying activities, expand investment in the national economy and improve the effectiveness of combating corruption, this Federal Law establishes a ban on persons making decisions on duty that affect issues of sovereignty and national security of the Russian Federation, to open and have accounts ( deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments, the categories of persons in respect of whom this prohibition is established, the procedure for verifying compliance by these persons with this prohibition and penalties for its violation.

Article 2

1) persons replacing (occupying):

a) public positions of the Russian Federation;

b) the positions of the first deputy and deputies of the Prosecutor General of the Russian Federation;

c) positions of members of the Board of Directors of the Central Bank of the Russian Federation;

d) public positions of subjects of the Russian Federation;

e) positions of the federal civil service, appointment to and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation;

f) positions of deputy heads of federal executive bodies;

h) positions of heads of urban districts, heads of municipal districts;

2) spouses and minor children of the persons specified in paragraph 1 of this paragraph;

3) to other persons in cases stipulated by federal laws.

2. The federal laws referred to in Clause 3 of Part 1 of this Article may provide for the periods within which accounts (deposits) must be closed, the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or ) the alienation of foreign financial instruments has been carried out, the grounds and procedure for conducting the relevant checks, as well as the legal consequences of non-compliance with the prohibition established by this Federal Law.

3. The prohibition provided for by this Federal Law to open and have accounts (deposits) in foreign banks located outside the territory of the Russian Federation does not apply to the persons specified in Clause 1 of Part 1 of this Article who hold (hold) state positions of the Russian Federation and positions of federal civil service in official representative offices of the Russian Federation located outside the territory of the Russian Federation, official representative offices of federal executive bodies, appointment and dismissal from which are carried out by the President of the Russian Federation, the Government of the Russian Federation or the Prosecutor General of the Russian Federation, as well as spouse (s) and minor children of these persons.

Article 3

2. In the event that the persons specified in Part 1 of Article 2 of this Federal Law cannot fulfill the requirements provided for in Part 1 of this Article in connection with the arrest, prohibition of orders imposed before the date of entry into force of this Federal Law by the competent authorities of a foreign state in accordance with the legislation of the given foreign state on the territory of which the accounts (deposits) are located, cash and valuables are kept in a foreign bank and (or) there are foreign financial instruments, such requirements must be met within three months from the date of termination of the specified in this part of the arrest, prohibition order.

Article 4

2. Citizens applying for the filling (occupation) of the positions specified in clause 1 of part 1 of Article 2 of this Federal Law, when presented in accordance with federal constitutional laws, the Federal Law "On Combating Corruption", other federal laws, decrees of the President of the Russian Federation and other regulatory legal acts of the Russian Federation, information on income, property and liabilities of a property nature, in addition to the information provided for by Part 1 of this article, indicate information about their accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments, as well as information about such accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments of their spouses (spouses) and minor children.

3. A citizen, his spouse (husband) and minor children are obliged, within three months from the day the citizen fills (occupies) the position specified in paragraph 1 of part 1 of Article 2 of this Federal Law, to close accounts (deposits), stop keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienate foreign financial instruments.

Article 5

2. The information specified in paragraph 1 of this article may be submitted in writing in the prescribed manner:

4) send, in accordance with the established procedure, requests to the prosecution authorities of the Russian Federation, other federal state bodies, state bodies of the constituent entities of the Russian Federation, territorial bodies of federal executive bodies, local governments, public associations and other Russian organizations, to banks and other organizations of foreign states about information they have about the availability of persons who, in accordance with this Federal Law, are prohibited from opening and maintaining accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation, owning and (or) using foreign financial instruments, accounts (deposits), cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) foreign financial instruments. The powers of the bodies, divisions and officials specified in part 1 of this article, in terms of sending requests provided for in this paragraph, are determined by the President of the Russian Federation;

5) make inquiries from individuals and receive from them, with their consent, information on verification issues.