Practice

Currency control

Support for transactions in line with currency legislation, so that a lawful transaction does not turn into a currency control problem after the event.

Service

What the service includes

The requirements of Federal Law No. 173-FZ and banks’ compliance rules for currency operations are tightened regularly, and breaches lead to serious fines, up to the amount of the operation itself. Many companies learn of a breach only at the bank’s inspection stage, when the money has already been transferred.

We check cross-border transactions for compliance with currency control requirements before money is transferred, prepare the documents the bank needs and support the company when the regulator raises questions.

We assess not just a single payment but the structure of the transaction as a whole. Where settlement is made by set-off of mutual claims, a letter of credit or deferred payment, the bank acting as currency control agent requires separate justification, different from that for a direct transfer. We also deal separately with situations where a breach has already occurred: before the bank passes the information to the supervisory authority, the company usually still has a window to correct the error itself, and we help use it properly.

What the service includes:

Currency control check of a transaction Preparing documents for the bank Support during regulator inspections Repatriation of foreign currency proceeds Defence against fines under Federal Law No. 173-FZ
Clients

Who it is for

The situations clients most often bring to us on this topic.

Importers working on deferred payment terms with a foreign supplier Companies that have received a bank request about an operation already carried out Businesses switching to settlements in yuan or through intermediaries Exporters with a long chain of prepayments and set-offs under a contract
Service

How we work

A fixed fee and a clear plan of action, agreed before work begins. The timeframes below are indicative and depend on the complexity of the case.

I

Transaction analysis

We check the terms of the deal with a foreign counterparty against currency legislation. Timeframe: 1-3 days.

II

Preparing documents

We prepare the documents the bank requires to register the contract and carry out the currency operation. Timeframe: 3-7 days.

III

Support with settlements

We monitor the repatriation deadlines for foreign currency proceeds, one of the most frequent grounds for fines. Timeframe: the whole term of the transaction.

IV

Defence against claims

If a breach has already been recorded, we examine the possibility of reducing the fine or challenging the decision. Timeframe: depends on the claim.

Documents

What you will need at the start

We confirm the exact list for your situation at the consultation. This is a guide so that you arrive at the first meeting prepared.

The contract with the foreign counterparty Invoices and shipping documents Registration of the contract with the bank Payment documents for the operation
Practice

Key figures

Experience in this practice area specifically, not in practice as a whole.

48 hours to analyse a transaction before payment We assess the currency risks of a deal before the money leaves the account, not after the bank’s request.
5 working days to register a contract We help you meet the deadline set by the bank, so as to avoid a formal breach of the time limits.
30% of bank requests resolved without a fine Some of the bank’s claims are resolved without a fine, through a precise reply and completing the documents at the clarification stage.
12 months of repatriation monitoring per contract We track the deadlines for receipt of foreign currency proceeds throughout the life of the contract, not once at signing.
60 currency contracts reviewed in practice A base of precedents helps us quickly identify risky wording in new foreign trade contracts.
RUB 15 million saved from a fine in one case The transaction amount that we managed to protect from a fine equal to the whole deal in one of our cases.
Practice

Common mistakes

“A late repatriation is not a breach.” A delay in receiving foreign currency proceeds from a foreign partner is often seen as a commercial matter between the parties, whereas the missed deadline for crediting the funds in itself constitutes a currency offence, regardless of who is to blame.

Currency documents are treated as a formality. Registering a contract for currency control and preparing the primary documents for a transaction are often left to the accounts department as a technical formality, yet inaccuracies in these very documents most often become the basis for a fine at inspection.

A loan to a non-resident seems a safe operation. Settlements under loan agreements, gifts or other gratuitous transfers of funds with foreign citizens and non-residents are often made without regard to the currency restrictions that apply to such operations, and the breach is discovered only at inspection, when it is hard to correct.

Result

What you get

An opinion on currency risks. The client receives a written assessment of the transaction, identifying the wording and deadlines that create a risk of breach.

A complete set of documents for the bank. A full package for registering the contract, which the bank accepts without revisions.

A position for replying to the bank. Ready arguments and a set of documents in case of an inspection or a request from the bank acting as currency control agent.

A proceeds repatriation schedule. A calendar of control dates under the contract, so that the deadline for receipt of foreign currency proceeds is not missed.

FAQ

Frequently asked questions

What fine applies for breaching currency control rules?+

It depends on the type of breach, from a percentage of the transaction amount up to the full amount of the unlawful currency operation. Checking a transaction in advance is therefore far cheaper than the potential fine.

What is repatriation of foreign currency proceeds and why does it matter?+

It is the obligation to bring foreign currency proceeds back within the period set by the contract. Missing the deadline is one of the most frequent grounds for fines under Federal Law No. 173-FZ.

Is a transaction passport required for every currency operation?+

The formal transaction passport has been abolished, but registering the contract with the bank is mandatory once threshold amounts are exceeded.

Can a fine for breaching currency control rules be reduced?+

In some cases, yes, by challenging it or by applying for a reduction on the grounds of mitigating circumstances.

Can a breach be corrected before the bank or the tax authority learns of it?+

In some cases, voluntarily remedying the breach and correcting documents before an inspection begins does reduce the risk of a fine, so when a discrepancy is found it makes sense to consult a lawyer straight away rather than wait for an official request.

Is accounting support enough when preparing for a currency control inspection?+

A currency control inspection differs from a tax audit in its set of formal requirements for documents and deadlines, so accounting support alone is usually not enough. A separate legal risk assessment before the documents are handed to the inspector lets you see the vulnerable points in advance.