Meaning of currency operations and their types
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nonresidents.we do not envisage the use of a natural person - resident of the special account F for the acquisition of shares, contributions to legal entities, etc., these operations are carried out without the use of special accounts.of the Republic of Kazakhstan dated 11.04.2005 №204 establishes the requirement for reservation of a natural person - resident an amount equal to the equivalent of 25% of the amount of foreign currency transaction undertaken for a period of 15 calendar days. Procedure for booking and reservation for refund of currency transactions defined in the Regulations of the Bank of Russia of 01.06.2004 №114-I.natural person - resident subject to independently calculate the reserve amount in the currency of the Republic of Kazakhstan on the basis of the transaction amount and size of the backup set. For transactions in foreign currency reserve calculation of the amount carried by the official exchange rate of the Bank of the Republic of Kazakhstan on the day of making a reservation amount.amount of redundancy is introduced by a natural person - resident from his bank account opened by an authorized bank, through which have been or will be carried out the operation in a separate account at the bank or a bank account opened in any authorized bank if the operation is carried out through accounts (deposits) opened with banks located abroad.the case of settlements and transfers of funds on the acquisition of a natural person - resident of a non-resident of shares, deposits, shares in the property (authorized or partnership capital, stock capital of a cooperative) of legal entities, when you make a natural person - resident deposits under a partnership with nonresidents total reservation is made by a natural person - resident prior to the implementation of the currency transaction.make a reservation amount an individual - resident authorized bank provides written notice of redundancy in the form prescribed by the bank, and payment on the basis of which the transfer of reservation amount from his account.bank or accept an application for reservation for execution and executes the same day payment, or send the applicant a motivated refusal to accept the application for reservation. Reasons for refusal of the bank to accept the application for reservation may be the lack or insufficiency of funds in the account from which you entered the amount of redundancy, to write off the entire reservation amount specified in the statement of reservations, as well as a violation of the applicant established procedures for obtaining and submitting the application for reservation and / or order of payment orders to make a reservation amount.bank not later than the next working day from the day the resident is obliged to make a reservation amount equal to all amounts in the currency of the Republic of Kazakhstan at the expense of the Bank of the Republic of Kazakhstan.to the expiration of backup natural person - resident can perform foreign exchange transactions, in respect of which fulfilled reserve requirement. On the day of expiry of the amount of redundancy redundancy returned to the natural person - resident on his account, from which it was introduced.control
. Currency control in Kazakhstan by authorities and currency control agents.
. Currency control bodies in the Republic of Kazakhstan are public authorities who are entitled under the laws of the Republic of Kazakhstan to carry out the functions of currency regulation.
. Currency control agents are authorized banks and authorized organizations conducting certain banking operations, as well as other organizations that are in line with those obtained licenses charged with monitoring compliance with currency legislation in carrying out their operations.control agents shall:
) comply with the requirements of currency laws during their operations, including on behalf of clients;
) ensure the integrity and objectivity of accounting and reporting of currency transactions;
) to report to law enforcement agencies and the National Bank of the Republic of Kazakhstan became known to them violations of currency legislation made by their customers.
. Foreign exchange control authorities to carry out its functions have the right to engage agents of currency control and give instructions obligatory for execution of specific assignments.
1.2 Currency operations
. Currency operations are:
) transactions involving the transfer of ownership and other rights in currency values;
) The importation and transfer to the Republic of Kazakhstan, as well as the removal and shipment of the Republic of Kazakhstan currency values ??in any way.
. Currency operations between residents and nonresidents are classified into current operations and operations involving the movement of capital.
. Current operations are:
) transfers for payments on export-import transactions providing a deferred payment or advance payment for goods and services for a period of 180 days;
) the provision and access to credit for not more than 180 days;
) the transfer and receipt of dividends, interest and other income on deposits (deposits), investments, loans and other transactions;
) transfers of non-trade concerns, including grants, transfers of sums of inheritance, wages, pensions, alimony, and others;
) All other foreign exchange transactions not covered by this Act to transactions involving the movement of capital.
. Operations involving the movement of capital are:
) Implementation of investments;
) transfer to the settlement of transactions, providing a complete transfer of exclusive rights to intellectual property;
) Transfers of property in payment for property rights, except for the property, which is equated to the real things;
) Transfers for payments on export-import transactions providing a deferred payment or advance payment for goods and services for more than 180 days;
) The giving and receiving credits for a term exceeding 180 days;
) (deleted)
) international transfers for transactions related to the accumulation of pension assets;
) international transfers of insurance and reinsurance contracts cumulative nature;
) transfer to trust management of currency values.
. Currency in payment for exports of goods (works, services) must be received by residents and credited to their accounts in authorized banks within 180 days from the date of export of goods (works, services), or within 365 days from the date of export of certain goods, list of which is Government of the Republic of Kazakhstan, unless otherwise established in the license of National Bank of Kazakhstan.on the license of the National Bank of Kazakhstan may be credited currency received by residents as payment for exports of goods (works, services) to their accounts in foreign banks or other financial institutions have the appropriate authorization under the laws of the States in which they are registered.
. Currency, translated by a resident in a non-resident, for the settlement of import transactions, providing for advance payment for goods (works, services) in the event of default by non-residents must be received by a resident and deposited to his accounts in authorized banks within 180 days from the date of transfer unless otherwise established in the license of National Bank of Kazakhstan.
. Failure to return from abroad of foreign currency to be paid in accordance with the laws of the Republic of Kazakhstan to mandatory transfer to the accounts in authorized banks of Kazakhstan, as well as non-receipt of goods, an equivalent amount of money paid for it, or failure to return the money to import transactions within the deadline set currency legislation of the Republic of Kazakhstan, punishable under the laws of the Republic of Kazakhstan.of foreign currency transactions in the Republic of Kazakhstan:
. All payments and transfers for transactions between residents must be carried out only in the currency of the Republic of Kazakhstan, except as provided by regulations of the National Bank of Kazakhstan, as well as tax and customs legislation.
. The limitations imposed by paragraph 1 of this Article shall not apply to the operation, one of the parties by the National Bank and the Ministry of Finance of the Republic of Kazakhstan.
. Buying, selling and exchange of foreign currency in the Republic of Kazakhstan are made by residents and nonresidents through the authorized banks and authorized organizations conducting certain banking operations, as well as their exchange offices in the manner determined by the National Bank of Kazakhstan.
. Buying, selling and exchange of foreign currency, without going through authorized banks and authorized organizations conducting certain banking operations, as well as their exchange offices is prohibited.
. Payments for transactions between residents and nonresidents are done by agreement of the parties in any currency, in accordance with regulations of the National Bank of Kazakhstan on foreign exchange transactions.operations with foreign currency
. Authorized banks are free to trade, buy and sell foreign currency in the Republic of Kazakhstan and abroad within the limits of open currency positions established by the National Bank of Kazakhstan.
. Operations on the purchase, sale and exchange of foreign currency by authorized banks may be made through the National Bank of Kazakhstan.
. Authorized organizations conducting certain banking operations can exchange, buy and sell foreign currency in the Republic of Kazakhstan to carry out operations in accordance with their licensing conditions.
. Residents and nonresidents are eli