On Import, Export and Remittance of Foreign Currency, Belarusian Rubles

APPROVED

Regulation of Board of Directors of the National Bank of the Republic of Belarus and State Customs Committee of the Republic of Belarus

April 20, 2004 № 73/38

INSTRUCTIONS

on import, export and remittance of foreign currency, Belarusian rubles,

payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency by natural persons across the customs border of the Republic of Belarus

Instructions on import, export and remittance of foreign currency, Belarusian rubles, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency by natural persons across the customs border of the Republic of Belarus (hereinafter referred to as Instructions) have been drawn up under Articles 26 and 33 of Bank Code of the Republic of Belarus, Articles 14 and 15 of the Law of the Republic of Belarus on “Currency regulation and currency control” of July 22, 2003. They regulate the procedure and rules for import, export and remittance of foreign currency, Belarusian rubles, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency by natural persons across the customs border of Republic of Belarus.

CHAPTER 1

GENERAL PROVISIONS

The following definitions and concepts are used in the present Instructions:
Belarusian rubles are:

monetary units accepted as legal means of payment in the Republic of Belarus, in circulation, out of circulation or to be withdrawn from circulation but remaining subject to exchange, in the form of banknotes (bank bills) of the National Bank of the Republic of Belarus (hereinafter referred to as National Bank) and coins;

funds in the monetary units of the Republic of Belarus placed on the accounts of banks and other credit and financial institutions;

1.2. foreign currency is:

monetary units in the form of banknotes, treasury notes, coins, accepted as legal means of payment on the territory of the corresponding state or states, in circulation, out of circulation or to be withdrawn from circulation but remaining subject to exchange;

funds in the monetary units of foreign states and international monetary or payment units placed on the accounts of banks and non-bank credit and financial institutions of the Republic of Belarus, banks and other credit institutions outside the Republic of Belarus;

1.3. payment documents in foreign currency – travel, bank or other cheques denominated in foreign currency and issued by banks and other credit and financial institutions;

1.4. documentary securities – the form of the securities, the owner of which is determined upon the presentation of the properly filled in security or his security rights are determined by the depository according to the records in “depot” accounts;

1.5. terms “residents” and “nonresidents” in the present Instructions have the meanings stipulated in Article 1 of the Law of the Republic of Belarus of July 22nd, 2003 on “Currency regulation and currency control” (National Register of Legal Acts of the Republic of Belarus, 2003, № 85, 2/978);

1.6. remittance – the actual transfer of foreign currency, Belarusian rubles, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency across customs border to the Republic of Belarus by means of international postal transfer;

1.7. international postal transfer – transfer that is subject to postal exchange between the states;

1.8. import to the Republic of Belarus – actual transfer of foreign currency, Belarusian rubles, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency across customs border into the Republic of Belarus (hereinafter – import);

1.9. export to the Republic of Belarus – actual transfer of foreign currency, Belarusian rubles, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency across customs border out of the Republic of Belarus (hereinafter – export);

1.10. Authorizing documents:

customs declaration or currency certificate witnessing the import of foreign currency to the territory of Customs Union member states;

bank document, issued by the banks of Customs Union member states, authorizing export of foreign currency and payment documents in foreign currency out of Custom Union member states.

2. Authorizing documents providing for import of foreign currency and payment documents in foreign currency by natural persons out of the Republic of Belarus are subject to delivery to the customs body performing the registration of foreign currency import.

Authorizing documents are valid for the term indicated and only for the currency stipulated.

3. Export, import and remittance of foreign currency, Belarusian rubles, payment documents if foreign currency, documentary securities in Belarusian rubles and foreign currency are conducted in accordance with the procedure established by the present Instructions, in compliance with the Customs Legislation of the Republic of Belarus and practice of performing international postal transfers if not stipulated by international treaties of the Republic of Belarus otherwise.

CHAPTER 2

EXPORT AND IMPORT OF BELARUSIAN RUBLES AND DOCUMENTARY SECURITIES IN BELARUSIAN RUBLES (EXCEPT FOR EXPORT AND IMPORT TO (OUT OF) THE TERRITORY OF CUSTOMS UNION MEMBER STATES) BY NATURAL PERSONS

4. Export and import of Belarusian rubles by natural persons are authorized in the amount not exceeding 500 (five hundred) basic values fixed in the Republic of Belarus on the date of export (import) of Belarusian rubles and shall not be subject to compulsory written declaration at customs body of the Republic of Belarus, with the exception of cases of voluntary declaration by the natural person.

5. Export and import of documentary securities in Belarusian rubles shall be carried out without limitations and are subject to compulsory written declaration at customs body of the Republic of Belarus, with the exception of cases of voluntary declaration by the natural person.

CHAPTER 3

EXPORT AND IMPORT OF FOREIGN CURRENCY AND DOCUMENTARY SECURITIES IN FOREIGN CURRENCY (EXCEPT FOR EXPORT AND IMPORT TO (OUT OF) THE TERRITORY OF CUSTOMS UNION MEMBER STATES) BY NATURAL PERSONS

6. Foreign currency import to the Republic of Belarus by natural persons shall be effectuated without limitations and in accordance with the procedure of customs registration of imported foreign currency stipulated in clause 7 of the present Instructions.

7. Natural persons importing foreign currency in the amount exceeding the equivalent of 3000 (three thousand) US dollars per person calculated according to the official exchange rate on the date of customs import clearance shall submit a written declaration to the customs authority of the Republic of Belarus.

Natural persons importing foreign currency in the amount not exceeding the equivalent of 3000 (three thousand) US dollars per person calculated according to the official exchange rate on the date of customs import clearance shall not submit a written declaration to the customs authority of the Republic of Belarus with the exception of voluntary declaration by the natural person.

8. Export of foreign currency by natural persons shall be conducted in compliance with customs practice of foreign currency export stipulated in clause 9 of the present Instructions with the following amount limitations:

8.1. export of foreign currency in the amount exceeding 10000 (ten thousand) US dollars according to the official exchange rate on the date of customs export clearance shall be carried out upon obligatory submission of authorizing documents for customs clearance.

8.2. export of foreign currency in the amount not exceeding the equivalent of 10000 (ten thousand) US dollars calculated according to the official exchange rate on the date of customs export clearance shall be carried out without submission of authorizing documents.

9. Natural persons exporting foreign currency in the amount exceeding the equivalent of 3000 (three thousand) US dollars calculated according to the official exchange rate on the date of customs export clearance shall declare the exported foreign currency in the written form to the customs authority of the Republic of Belarus.

Natural persons exporting foreign currency in the amount not exceeding the equivalent of 3000 (three thousand) US dollars calculated according to the official exchange rate on the date of customs export clearance shall not declare the exported foreign currency in the written form to the customs authority of the Republic of Belarus, with the exception of voluntary declaration by the natural person.

Export and import of documentary securities in foreign currency and payment documents in foreign currency is conducted by the natural person without sum limitations and obligatory written declaration to the customs authority of the Republic of Belarus, with the exception of voluntary declaration by the natural person.

CHAPTER 4

PROCEDURE OF EXPORT AND IMPORT OF FOREIGN CURRENCY, BELARUSIAN RUBLES, PAYMENT DOCUMENTS IN FOREIGN CURRENCY, DOCUMENTARY SECURITITES IN BELARUSIAN RUBLES AND FOREIGN CURRENCY BY NATURAL PERSONS TO (FROM) THE TERRITORY OF CUSTOMS UNION MEMBER STATES

11. Export and import of Belarusian rubles by natural persons to (from) the territory of Customs Union member states are carried out without sum limitations and obligatory written declaration to the customs authority of the Republic of Belarus, with the exception of voluntary declaration by the natural person, in cases when customs control and customs clearance have not been cancelled according to the legislation of the Republic of Belarus.

12. Export and import of foreign currency, payment documents in foreign currency, documentary securities in Belarusian rubles and foreign currency by natural persons to (from) the territory of Customs Union member states are carried out without sum limitations according to customs clearance practice on exported (imported) foreign currency stipulated in clause 13 of the present Instructions.

13. Natural persons exporting, importing foreign currency to (from) the territory of Customs Union member states in the amount exceeding in the equivalent of 3000 (three thousand) US dollars per person calculated according to the official exchange rate on the date of customs export/import clearance shall submit written declaration of the exported (imported) currency to the customs authority of the Republic of Belarus, with the exception of voluntary declaration by the natural person, in cases when customs control and customs clearance have not been cancelled according to the legislation of the Republic of Belarus.

Natural persons exporting, importing foreign currency to (from) the territory of Customs Union member states in the amount not exceeding in the equivalent 3000 (three thousand) US dollars per person calculated according to the official exchange rate on the date of customs export/import clearance shall not submit written declaration of the exported (imported) currency to the customs authority of the Republic of Belarus, with the exception of voluntary declaration by the natural person and cases when customs control and customs clearance have not been cancelled according to the legislation of the Republic of Belarus.

CHAPTER 5

REMITTANCE OF FOREIGN CURRENCY, BELARUSIAN RUBLES, PAYMENT DOCUMENTS IN FOREIGN CURRENCY, DOCUMENTARY SECURITITES IN BELARUSIAN RUBLES AND FOREIGN CURRENCY TO THE REPUBLIC OF BELARUS AND FROM THE REPUBLIC OF BELARUS

14. Remittance of Belarusian rubles and documentary securities in Belarusian rubles by natural persons to the Republic of Belarus and from the Republic of Belarus by letters and other kinds of international postal transfer is prohibited.

15. Remittance of foreign currency to the Republic of Belarus is authorized via letters with the declared value not exceeding the equivalent of 200 (two hundred) US dollars calculated according to the official exchange rate on the date of letter acceptance by the post office of the sender’s country.

16. Remittance of foreign currency from the Republic of Belarus is authorized via letters with the declared value not exceeding the equivalent of 200 (two hundred) US dollars calculated according to the official exchange rate on the date of letter acceptance by the post office (including its departments). Remittance of foreign currency via letters without value indication is prohibited.

17. Remittance of payment documents in foreign currency and documentary securities in foreign currency to the Republic of Belarus is authorized via letters with the declared value with no sum limitations, provided that the value declared shall not exceed the equivalent of 200 (two hundred) US dollars calculated according to the official exchange rate on the date of letter acceptance by the post office of the sender’s country.

18. Remittance of payment documents in foreign currency and documentary securities in foreign currency from the Republic of Belarus is authorized via letters with the declared value with no sum limitations, provided that the value declared shall not exceed the equivalent of 200 (two hundred) US dollars calculated according to the official exchange rate on the date of letter acceptance by the post office (including its departments).

19. Remittance of foreign currency, payment documents in foreign currency and documentary securities in foreign currency from the Republic of Belarus and to the Republic of Belarus via letters and other kinds of international postal transfer, apart from the cases indicated in clauses 15-18 of the present Instructions, is prohibited.

CHAPTER 6

PROCEDURE OF ISSUING STATEMENT F.№ 0406007

20. Statement f. № 0406007 serves as a bank document authorizing import of foreign currency from the Republic of Belarus, and also foreign currency and payment documents in foreign currency from the Russian Federation.

21. Statement f. № 0406007 is issued at the natural person’s request together with the foreign currency delivery.

The follow-up issue of statement f. № 0406007 is not performed.

22. Registration of statement f. № 0406007 is performed according to the procedure established by the National Bank.

23. Statement f. № 0406007 is issued by banks:

23.1. to the amount of foreign currency transferred or imported to the Republic of Belarus and placed at the natural person’s account.

Statement f. № 0406007 is issued and delivered by the bank cashier upon the instruction of the bank official provided that the following documents are present at the bank:

for foreign currency transferred to the account in non-cash form – payment order (letter of advice) by bank-nonresident;

for foreign currency transferred to the account in cash form – authorizing documents provided that foreign currency is transferred within the validity period of the documents;

According to the present Instructions the resolution of the bank official on cash and expenditure document can be considered as the order of the mentioned official and is used as the basis for foreign currency delivery.

When issuing statement f. № 0406007:

to the part of the sum of the natural person’s account: the amount of foreign currency is indicated either on the payment order of bank-nonresident or on authorizing documents. The bank officer and chief bank accountant, and bank seal certify it. The presented authorizing document with the bank reference mark is returned to the natural person, its copy or the copy of the payment order of bank-nonresident with bank reference mark is filed together with expenditure documents to the documents of the day.

to the total sum of the natural person’s account; the bank reference mark is put either on payment order of bank-nonresident or on authorizing documents according to the abovementioned procedure. The authorizing document is not returned to the natural person. The payment order of bank-non-resident or authorizing document is filed together with expenditure documents to the documents of the day.

23.2. to the amount of foreign currency provided to the representative of the legal entity or entrepreneur of the Republic of Belarus, or to the entrepreneur of the Republic of Belarus himself withdrawn from the account of this particular legal entity or entrepreneur of the Republic of Belarus for the purpose of covering the expenses of sending his personnel (entrepreneur’s personnel) on business trips outside the Republic of Belarus.

Statement f. № 0406007 is issued at the instruction of bank official upon presenting the list of persons to receive statements f. № 0406007 and specifications of the documents necessary for issuing statement f. № 0406007 by representatives of the legal entity or entrepreneur of the Republic of Belarus, or entrepreneur himself. The list of persons shall be signed by the head of the legal entity or by the entrepreneur himself and certified by the seal of the legal entity or entrepreneur.

Statement f. № 0406007 is issued and delivered by the bank cashier;

23.3. to the amount of foreign currency provided to the representative of non-resident (except for natural persons) of the Republic of Belarus withdrawn from his bank account, opened in compliance with standard legal acts of the National Bank.

Statement f. № 0406007 is issued and delivered by the bank cashier;

23.4. to the amount of foreign currency provided to natural persons by the bank that has opened customs currency account, upon customs documents acknowledging the return of earlier deposited foreign currency, imported to the customs territory of the Republic of Belarus, against securing customs payments.

23.5. to the amount of foreign currency issued by banks to natural persons at the expense of funds received from abroad via international payment system.

23.6. in cases stipulated by legislation of the Republic of Belarus;

23.7. upon the authorization of the National Bank, signed by the Chairman of Board of Directors of the National Bank or his deputy, directing the work of Central Department on currency regulation and currency control of the National Bank.